[Ord. #6-1989, § 300]
For the purposes of this chapter, all words used in the present
tense shall include the future tense; all words in the plural number
shall include the singular number; all words in the singular number
shall include the plural number; and all words indicating the male
gender shall include the female gender. The term "shall" indicates
a mandatory requirement, and the term "may" indicates a permissive
action.
[Ord. #6-1989, § 301; amended 12-21-2020 by Ord. No. 2020-07; 4-5-2021 by Ord. No. 2021-03]
The words and phrases in this chapter are used as defined in
the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
[Ord. #6-1989, § 302; Ord. #18-1990, § 1;
Ord. #22-2005, § 1; Ord. #11-2007, § 1]
As used in this chapter:
Shall mean a subordinate use or building, the purpose of
which is incidental and subordinate to that of the main use or building
on the same lot.
Shall mean the total area of the tract being developed prior
to the widening of any contiguous street right-of-way. Where the deed
description runs to and along the centerline of a street, or where
the tract lies on both sides of a street, the total area of the tract
shall not include the area within the street right-of-way, if the
street width is established on the tax map, or between the centerline
of the street and a line 25 feet distant from and parallel with the
centerline, whichever is the greater.
Shall mean that person so appointed by the Approving Authority
which may include the Secretary to the Planning Board or, in their
absence, the Clerk of the Borough shall serve as the Administrative
Officer for the activities required under the Municipal Land Use Law.
[Amended 12-21-2020 by Ord. No. 2020-07; 4-5-2021 by Ord. No. 2021-03]
Shall mean a change in the supporting members of a building
or structure, an addition, diminution, or conversion of a building
or a part thereof, or removal of a building from one location to another.[1]
Shall mean the Planning Board when acting pursuant to the
authority of the Municipal Land Use Law, unless a different agency
is designated in the text of this chapter.
[Amended 12-21-2020 by Ord. No. 2020-07; 4-5-2021 by Ord. No. 2021-03]
Shall mean any premises used for the retail sale of gasoline,
oil or other products necessary for the maintenance and operation
of motor vehicles and for servicing and minor repairs thereof, but
where no vehicular painting or bodywork is done, and where not more
than two vehicles unregistered or incapable of normal operation are
kept or stored.
Shall mean an interior space or a portion of an interior
space having a floor level below the outside elevation of ground at
the foundation wall.
Shall mean any path separate from vehicular travel or route
clearly defined along public rights-of-way for exclusive use of bicycles.
Shall mean a person who is not related to the head of the
household and who pays for the privilege of boarding or rooming.
Shall mean the area of the lot covered by all principal buildings,
accessory buildings or structures measured on a horizontal plane around
the periphery of the foundation(s) and including the area under the
roof of any structure supported by columns or walls, as measured around
the extremities of the roof above the columns. Included in the calculation
of building coverage shall be the area of the house, porch, garage,
sheds and impervious decks creating headroom greater than six feet
below the deck.
[Amended 12-21-2020 by Ord. No. 2020-07; 3-15-2021 by Ord. No. 2021-02]
Shall mean the vertical distance above the top of curb at
the center of the lot to the highest point of the structure. The building
height for structures located on corner lots shall be measured from
both curbs, and the average number shall be utilized. Chimneys, antennas,
elevator equipment, cupolas, weather vanes and mechanical and utility
equipment may exceed the permitted building height by five feet.
[Amended 12-21-2020 by Ord. No. 2020-07; 3-15-2021 by Ord. No. 2021-02]
See "basement."
[Amended 12-21-2020 by Ord. No. 2020-07; 4-5-2021 by Ord. No. 2021-03]
Shall mean a certificate issued by the Construction and/or
Zoning Official upon completion of the construction of a new building
or addition to an existing building or by the Zoning Official upon
a change in the occupancy or use of a building, which certifies that
all requirements of this chapter, or such adjustments thereof which
have been granted or required by the approving authority, and all
other applicable requirements, have been complied with.[2]
Shall mean land or water, or a combination of land and water,
together with improvements, within or related to a site designated
as a development, and designed and intended for the use or enjoyment
of residents and owners of dwelling units within the development.
"Common property" includes common open space and may contain such
complementary structures and improvements as are necessary and appropriate
for the use or enjoyment of residents and owners of dwelling units
within the development.
Shall mean a building for civic, social, educational, cultural,
or recreational activities for a neighborhood or community which is
not operated primarily for monetary gain.[3]
Shall mean a number expressing dwelling units per gross acre
of land, except that watercourses and lakes or ponds shall receive
no density credit. Areas within the 100 year flood plain shall receive
only half density credit.[4]
Shall mean any watercourse, trench, ditch, depression, swale
or other hollow space in ground, natural or artificial, which collects
or carries surface water runoff from the land.
Shall mean a detached building containing one dwelling unit.[5]
Shall mean the erection, construction, alteration or maintenance
by a public utility or municipal agency, of underground or overhead
transmission, distribution or collection systems necessary for the
furnishing of adequate service by such utility or agency to the use
on the same lot or surrounding neighborhood, or for the public health,
safety or general welfare.[6]
Shall mean any structure or partition erected for the purpose
of enclosing a lot or to separate a lot into section(s) or to separate
two contiguous lots.
Shall mean an area of 50 or more acres containing at least
nine holes, a minimum of 2,700 yards from tees to greens, together
with necessary and usual accessory uses and structures, including
but not limited to club house facilities, dining and refreshment facilities,
swimming pools and tennis courts, provided that the operation of the
facilities is incidental and subordinate to the operation of the golf
course.
Shall mean the total floor area measured from external dimensions
of a building, exclusive of floor areas which have a ceiling height
of less than seven feet, basements, porches, garages, carports, breezeways,
patios, terraces, storage areas other than closets, and rooms for
furnaces and other mechanical equipment.
Shall mean a space under a sloping roof that has the line
of intersection of the roof and wall face not more than 18 inches
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 possible
floor area of the story directly beneath. See figure below.
 |
Shall mean a nonprofit corporation operating under a recorded
land agreement through which:
Each lot owner, condominium owner, stockholder under a cooperative
development, or other owner of property or interests in the project
shall be a member.
Each occupied dwelling unit is subject to charge for a proportionate
share of the expenses for the organization's activities and maintenance,
including any maintenance costs levied against the association by
the Borough.
Each owner and tenant has a right to use the common property
or facilities.
Shall mean the office or studio of a resident self-employed
licensed professional architect, attorney, clergyman, doctor, engineer,
consultant or planner, in which no more than one employee is a nonoccupant
of the dwelling unit and where the office is in the main building
and does not occupy more than 1/2 of the first floor area.
[Amended 12-21-2020 by Ord. No. 2020-07; 4-5-2021 by Ord. No. 2021-03]
Shall mean any building containing beds for four or more
patients and used for the diagnosis, treatment, or other care, of
human ailments.
Shall mean street paving, and the widening, extension or
modification of existing paving; curbs; sidewalks; bikeways; storm
drains and appurtenances; drainage structures; culverts; fire hydrants;
driveways; sanitary sewers; water mains and appurtenances; gutters;
street signs; street lighting; retaining walls; gravel, decks, porches;
and the like.
[Amended 12-21-2020 by Ord. No. 2020-07; 4-5-2021 by Ord. No. 2021-03]
Shall mean a nonprofit public use or a use by a public or
quasi-public institution, such as a house of worship, academic institution,
library or hospital.
Shall mean any secondhand, discarded, or unused, waste material
of any type, including iron, metal, glass, paper, rags, clothes, machines,
more than two unregistered motor vehicles incapable of normal operation;
used parts or accessories of motor vehicles; and all other materials
commonly or generally known as "junk" in the ordinary meaning of the
word.
Shall mean any parcel of land on which junk is collected,
placed, or stored, within or without a building, for any purpose whatsoever,
including the storage of more than two unregistered motor vehicles
incapable of normal operation, incidental to any automobile service
station.
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
commercial vehicle while loading or unloading materials or product.
Shall mean the area contained within the lot lines but not
including any portion of a street right-of-way as shown on the tax
maps of the Borough or as proposed in the adopted Master Plan, whichever
is the greater.
Shall mean a lot having at least two adjacent sides fronting
on intersecting streets.
The area of a lot coverage by buildings and structures and
expressed as a percentage of the total lot area. The total lot coverage
shall be inclusive of all pervious and nonpervious structures but
shall be exclusive of: a) the water surface area of the pool; b) pervious
decks over pervious surfaces; and c) elevated AC condensers and other
mechanical equipment that are: 1) mounted on the building, 2) do not
project more than four feet from the building, and 3) have grass or
other vegetative cover under the units or platforms.
[Amended 12-21-2020 by Ord. No. 2020-07; 4-5-2021 by Ord. No. 2021-03]
Shall mean the shortest perpendicular distance between the
front lot line and a line drawn parallel (or concentric) to the front
line through the midpoint of the rear lot line.
[Amended 12-21-2020 by Ord. No. 2020-07; 4-5-2021 by Ord. No. 2021-03]
Shall mean the horizontal distance between the side lot lines
measured along the street line. The minimum "lot frontage" shall be
the same as the lot width, except that on curved street alignments
with an outside radius of less than 500 feet, the "lot frontage" may
be reduced to not less than 75% of the required minimum lot width.
In the case of a corner lot, either side may be considered the "lot
frontage," but the front yard setback shall be met from all streets.
Shall mean any line forming a portion of the exterior boundary
of a lot. The "lot line" is the same as the street line for that portion
of a lot abutting a street. "Lot lines" extend vertically in both
directions from ground level.
Shall mean lot line, or portion thereof, coexistent with
a street line and along which the lot frontage is calculated.
[Added 4-5-2021 by Ord.
No. 2021-03]
Shall mean the lot line most distant and generally opposite
and parallel to the front lot line.
[Added 4-5-2021 by Ord.
No. 2021-03]
Shall mean any other lot line other than the front or rear
lot line which connects to a front and/or rear lot line.
[Added 4-5-2021 by Ord.
No. 2021-03]
Shall mean the distance between side lot lines measured parallel
with the street line at the minimum building setback from the street
line.[7]
Shall have the same definition as promulgated by the New
Jersey Department of Environmental Protection.
[Added 12-21-2020 by Ord.
No. 2020-07; amended 4-5-2021 by Ord. No. 2021-03]
Shall mean any subdivision not classified as a minor subdivision.
[Amended 12-21-2020 by Ord. No. 2020-07; 4-5-2021 by Ord. No. 2021-03]
Shall mean a subdivision of land for the creation of not
more than three lots, including the remainder of the original lot;
provided that such subdivision does not involve a planned development,
any new street or the extension of any off-tract improvements, the
cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
[Amended 12-21-2020 by Ord. No. 2020-07; 4-5-2021 by Ord. No. 2021-03]
Shall mean a building designed for occupancy as the temporary
residence of individuals and in which no provision is made for cooking
in any room or suite of rooms.[8]
Shall mean the flow of surface water runoff along drainageways
at rates or velocities or in quantities typical of drainage from the
land in an undisturbed natural condition.
Shall mean a density for particular residential dwelling
unit types permitted in a residential development, described in terms
of dwelling units per acre.
Shall mean a place for the transaction of business where
reports are prepared and records kept, but where no retail sales of
goods are offered and where no manufacturing, assembling or fabricating
takes place.[9]
Shall mean the plat submitted as a part of the application for preliminary approval in accordance with Article V of this chapter.
Shall mean a roofed, open area without screens or windows,
attached to and with direct access to the principal building.
[Amended 12-21-2020 by Ord. No. 2020-07; 4-5-2021 by Ord. No. 2021-03]
Shall mean the condition of the site previous to any modification
of the land or buildings or development of improvements.
Shall mean the main purpose for which any lot or building
is used.
Shall mean the total width and length of the course of a
street, watercourse, utility alignment or other way and within which
all improvements and rights of access are confined.
Shall mean the flow of water collected from a drainage basin
or watershed. The rate of runoff is measured in cubic feet per second.[10]
Shall mean a line drawn parallel with a lot line and drawn
to the point of the building nearest to the lot line, beyond which
a building does not project. The minimum yard requirements shall be
the minimum required setbacks. All setbacks from public streets shall
be measured from the proposed right-of-way widths as shown on the
adopted Master Plan.
[Amended 4-5-2021 by Ord. No. 2021-03]
Shall mean one or more buildings or parts thereof designed
as a unit to be occupied by two or more businesses, designed in accordance
with the requirements of the zoning district in which it is located,
and conducted as an integrated and cohesively planned development.
Where there is more than one building on a lot, the buildings shall
be arranged and spaced as if the buildings were to be sited on separate
lots conforming to the requirements of this chapter.
Shall mean a triangular area outside the street right-of-way
abutting two intersecting streets. The "sight triangle" is formed
by the intersecting street lines and a line connecting a point on
each street line a set distance from the point of intersection.
Shall mean a site plan shall not be required for: (a) accessory
buildings to agricultural and horticultural uses; (b) single-family
detached dwellings, unless such dwellings involve a home occupation;
(c) building alterations or changes in permitted principal uses or
permitted accessory uses which do not require additional parking or
additional building area. The conversion of a residential use or building
in a B-1 or B-2 zone district to a permitted use in the zone shall
not be exempt from site plan review and approval.
Shall mean all site plans for new development that are not
defined as minor or exempt site plans.
Shall mean a development plan of one or more lots which:
(a) proposes a building alteration creating less than 500 square feet
of additional building area, or 10% of the existing building area,
whichever is the lesser, and requiring not more than five additional
parking spaces; (b) does not involve planned development, any new
street or extension of any off-tract improvement; and contains the
information reasonably required in order to make an informed determination
as to whether the requirements established by this chapter for approval
of a minor site plan have been met.
Shall mean a plan which indicates land treatment measures,
including a schedule of the timing of their installation, to minimize
soil erosion and sedimentation during and after construction of the
improvements.
Shall mean that portion of a building between a floor and
the floor or roof next above it. A basement or cellar shall not be
considered a "story."
[Amended 12-21-2020 by Ord. No. 2020-07; 4-5-2021 by Ord. No. 2021-03]
Shall mean the edge of the existing or future street right-of-way,
whichever would result in the widest right-of-way, shown on an adopted
Master Plan or Official Map or as required by this chapter, forming
the dividing line between the street and the lot.
Shall mean all water standing or flowing upon the surface
of the land.
Shall mean an artificially constructed basin or other structure
for the holding of water for swimming and diving and other aquatic
sports and recreation. The term "swimming pool" does not include any
plastic, canvas, or rubber pool temporarily erected upon the ground
with capacity of less than 500 gallons of water.
Shall mean one dwelling unit in a line of three or more attached
dwelling units, with each dwelling unit extending from the ground
to the roof and having individual outside access and no interior rooms
or hallways shared with other dwelling units.
Shall mean an area of land comprising one or more lots having
sufficient dimensions and area to meet the requirements of this chapter
for the use(s) intended.
The land area of any existing streets shall not be included
in calculating the area of the "tract."
Shall mean the specific purpose for which a parcel of land,
a building, or a portion of a building, is designed, arranged, occupied
or maintained.
Shall mean any natural or artificial path of water movement
having eroded banks, beds, boundaries, or channels, whether perennial
or intermittent, as well as the land thereunder. Where the level of
water varies with the season, the annual rainfall, and/or other factors,
natural or artificial, it shall be measured by reference to the high
water mark.
Shall mean an open space extending between the closest point
of any building and a lot line or street line. In an apartment, townhouse,
shopping center or other development where more than one building
may be erected on a lot, "yard" shall also mean the open space extending
between structures. All yard dimensions shall be measured horizontally
and at right angles to either a straight street line, lot line or
building facade, or radially from curved lines or facades. The minimum
distance between buildings in developments where there is more than
one building on a lot, shall be the sum of the two yard requirements
of the structures.
Shall mean an open space, unoccupied except by a use specifically
permitted, extending across the full width of a lot and lying between
any street line and the nearest point of the principal structure on
the lot.
Shall mean an open space, unoccupied except by a use specifically
permitted, extending across the full width of a lot and lying between
the rear lot line and the nearest point of the principal structure
on the lot.
Shall mean an open space, unoccupied except by a use specifically
permitted, extending from the front yard to the rear yard of a lot
and lying between the side lot line and the nearest point of the principal
building on the lot.[11]
[1]
Editor's Note: The former definitions of "applicant" and "applicant
for development," which immediately followed this definition, were
repealed 12-21-2020 by Ord. No. 2020-07; 4-5-2021 by Ord. No. 2021-03.
[2]
Editor's Note: The former definition of "cluster development,"
which immediately followed this definition, was repealed 12-21-2020 by Ord. No.
2020-07; 4-5-2021 by Ord. No. 2021-03.
[3]
Editor's Note: The former definition of "density," which immediately
followed this definition, was repealed 12-21-2020 by Ord. No. 2020-07; 4-5-2021 by Ord. No. 2021-03.
[4]
Editor's Note: The former definition of "drainage plan," which
immediately followed this definition, was repealed 12-21-2020 by Ord. No.
2020-07; 4-5-2021 by Ord. No. 2021-03.
[5]
Editor's Note: The former definitions of " dwelling unit"
and "Environmental Commission," which immediately followed this definition,
were repealed 12-21-2020 by Ord. No. 2020-07; 4-5-2021 by Ord. No. 2021-03.
[6]
Editor's Note: The former definitions of "exempt subdivision"
and "family," which immediately followed this definition, were repealed 12-21-2020 by Ord. No.
2020-07; 4-5-2021 by Ord. No. 2021-03.
[7]
Editor's Note: The former definitions of "low-income household"
and "low-income housing," which immediately followed this definition,
were repealed 4-5-2021 by Ord. No. 2021-03.
[8]
Editor's Note: The former definitions of "moderate-income
household" and "moderate-income housing," which immediately preceded
this definition, and "multifamily dwelling," which immediately followed
this definition, were repealed 12-21-2020 by Ord. No. 2020-07; 4-5-2021 by Ord. No. 2021-03.
[9]
Editor's Note: The former definitions of "parking space,"
"plat, final" and "plat, informal," which immediately followed this
definition, were repealed 12-21-2020 by Ord. No. 2020-07; 4-5-2021 by Ord. No. 2021-03.
[10]
Editor's Note: The former definitions of "satellite dish antenna"
and "sedimentation basin," which immediately followed this definition,
were repealed 12-21-2020 by Ord. No. 2020-07; 4-5-2021 by Ord. No. 2021-03.
[11]
Editor's Note: The former definition of "Zoning Officer,"
which immediately followed this definition, was repealed 12-21-2020 by Ord. No.
2020-07; 4-5-2021 by Ord. No. 2021-03.
