In the construction of this chapter, the present tense shall
include the future, the singular number shall include the plural,
and the plural the singular. The word "shall" is always mandatory.
The word "may" is permissive. The words "zone" and "district" are
synonymous. The word "building" shall include the word "structure."
The word "used" shall include the words "arranged, designed, constructed,
altered, converted, rented, leased or intended to be used." Any word
or term not interpreted or defined by this section is to be given
its standard or common meaning. Whenever a term is used in this chapter
which is defined in N.J.S.A. 40:55D-1 et seq., such term shall have
the meaning in said statute.
For purposes of this chapter, the following phrases and words
shall have the meanings indicated:
A portable sign that consists of two hinged sign boards with
information on each side designed to be placed on the ground or hung
from the shoulders of an individual (synonymous with "sandwich board
sign").
A building or structure occupied or devoted to an accessory
use on the same lot with and subordinate to a principal building or
structure. More particularly, but not by way of limitation, an accessory
building or structure in a residential zone shall be construed to
include detached private garages, private greenhouses, private sheds,
gazebos, other private roofed structures; private swimming pools,
and private sport courts. Accessory structures shall not be construed
to include paving, at-grade patios or play equipment such as swing
sets or playhouses.
A use normally incident and subordinate to the principal
use upon the premises or lot.
The Land Use Administrator, unless otherwise stated or intended
by this chapter.
See "age-restricted housing."
See "elder care center."
The absence of drainage facilities, drainage easements or
drainage rights-of-way leading to, along or through a street, road,
drainage structure or property, either within or exterior to a proposed
subdivision or site plan of such location, size, design, construction
or condition which would provide for storm drainage, or which would
prevent flooding, erosion, silting or other damaging effect to a street,
road, drainage structure, or property to remove the threat of such
damage, as determined by or in the opinion of a licensed professional
engineer or other qualified professional.
Design features including existing features on a property,
creating, aggravating or leading to impractical, unsafe, unsatisfactory
or noncomplying conditions, such as: a layout inconsistent with the
zoning regulations; insufficient street location resulting in an unsafe
or inefficient circulation system; inadequate utilities, such as water,
drainage, shade trees and sewerage; unsuitable size, shape and location
of any area reserved for public use or land for open space; infringement
upon land designated as subject to flooding; and the creation of conditions
leading to soil erosion by wind or water from excavation or grading;
all as set forth in N.J.S.A. 40:55D-38 and measured against the design
and performance standards of this chapter.
A sign which provides information, including but not limited
to the name and address of the business or the commodity, service,
entertainment or other activity being conducted, sold or offered,
or utilized as a trademark.
Housing which is affordable to persons of low- and moderate-income
based upon standards of income and affordability established by the
regulations of the New Jersey State Council on Affordable Housing
(COAH), or any agency that supersedes COAH, as amended from time to
time.
A multifamily residential development wherein the units are
restricted by deed or other instrument to occupancy by a person or
persons in any one of the following categories: up to two individuals,
both of whom are 55 years of age or older; a couple in a marriage,
civil union or domestic partnership, either one of whom is 55 years
of age or older; a couple having a permanent and stable relationship
living together as a single housekeeping unit, either one of whom
is 55 years of age or older; or a single person over age 20 but under
age 55 who is living with any of the above when the presence of said
person is essential to the physical care or economic support of either
of the above.
A change in the supporting members of a building, an addition
to or diminution of a building, a conversion of a building or part
thereof or removal of a building from one location to another or a
change in use.
A sign which includes action, motion or color changes, or
the optical illusion of action, motion or color changes, including
signs set in motion by movement of atmosphere, or made up of a series
of sections that turn.
Any interior or exterior transmitting or receiving device
mounted on a tower, building or structure, and used in communications
that radiate or capture electromagnetic waves, digital signals, analog
signals, radio frequencies, wireless telecommunications signals or
other communication signals.
A structure, other than a telecommunications tower, which
is attached to a building and on which one or more antennas are located.
An independent self-contained dwelling unit containing one
or more rooms with private bath and kitchen facilities located in
a multifamily dwelling building. (See also: "dwelling, multifamily.")
A developer or property owner submitting an application for
development.
The application form and all accompanying documents required
by this chapter for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to this chapter.
The Planning Board or Board of Adjustment unless a different
agency is designated in this chapter pursuant to the Municipal Land
Use Law.[1] The term "board of adjustment" may be substituted when
the ordinance states "planning board," in those instances where it
is permitted by the Municipal Land Use Law.
A facility that is licensed by the New Jersey Department
of Health and Senior Services to provide apartment-style housing and
congregate dining and to assure that assisted-living services are
available when needed, to four or more adult persons unrelated to
the proprietor. Apartment units offer, at a minimum, one unfurnished
room, a private bathroom, a kitchenette, and a lockable door on the
unit entrance.
The open, uninhabitable space between the ceiling beams of
the top habitable story and the roof rafters in any building.
A public garage facility involving a building through which
automobiles pass for the automatic or mechanical application of cleaner,
wax, rinse water and drying. (See also: "garage, public.")
See "garage, public."
The use of any building, land area, or other premises for
the display and sale of new or used automobiles generally but may
include light trucks or vans, trailers, or recreational vehicles and
including any vehicle preparation or repair work conducted as an accessory
use.
See "motor vehicle service station."
A roof-like cover that may be temporary or permanent in nature
and projects from the wall of a building for the purposes of shielding
a window or doorway or providing decorative or architectural detail.
Unless otherwise specified in this chapter, permanent awnings that
cannot be retracted shall be subject to the setback requirements of
the district in which the building is located.
A sign that is painted on or attached to an awning.
An unroofed, cantilevered structure, the floor level of which
is elevated above ground level more than four feet and either supported
by, attached to or accessible from the principal building or structure,
and which is a part of the principal building to which it is attached.
Any lightweight plastic, fabric or other material, whether
or not containing a message of any kind, suspended from a rope, wire
or string, or otherwise affixed to the structure or erected in any
manner on the property.
An establishment used primarily for the serving of liquor
by the drink to the general public and where food or packaged liquors
may be served or sold only as accessory to the primary use.
See the State of New Jersey Flood Hazard Area Control Act
Rules (N.J.A.C. 7:13).
That portion of a building which is partly below and partly
above finished grade and having more than 1/2 its height above finished
grade. (See also: "grade, finished," "story" and "cellar.")
Performance or design standards established to minimize the
risk of contaminating groundwater or surface waters while managing
the use, manufacture, handling or storage of hazardous substances
or hazardous wastes.
An off-premises sign displayed outdoors for the purpose of
advertising, identifying, displaying, directing or attracting attention
to an object, person, institution, organization, business, product,
service, event or location, or to express a point of view. Also known
as an "off-premises" or "outdoor advertising" sign. For the purposes
of this chapter, the term "billboard" shall include the sign face
and any element bounding the sign.
A strip of land containing natural materials, woodlands,
earth mounds, and/or other planted vegetation for the purposes of
making a physical or visual barrier. No building, structure or parking
shall be permitted in this area.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy by any person, animal
or thing, and having a roof.
The percentage of a lot covered by all principal and accessory
buildings, exclusive of open decks, patios and porches attached thereto.
Cantilevers and overhangs shall not be included in the calculation
of building coverage if they do not extend more than two feet from
a building and are at least four feet above the grade directly adjacent
to the projection. Bay and bow windows shall not be included in the
calculation of building coverage if they are constructed no lower
than two feet from the level of the finished floor of a residential
structure and are no larger than 16 square feet.
The perimeter area within a lot formed by the minimum required
front, rear and side yards. (See Figures 1 through 4 located in the
Appendix of this chapter.)[2]
See "height of building."
The minimum required front yard setback line.
A permit which is granted by the Construction Code Officer
for the construction, erection, alteration, extension or demolition
of a building or structure.
See "principal building."
Standards and controls that establish the maximum size of
buildings and structures on a lot and the buildable area within which
the building can be located, including, but not necessarily limited
to, coverage, setbacks, height, floor area ratio, and yard requirements.
A place of business where professional or clerical duties
are performed and which does not offer a product or merchandise for
sale to the public on the premises. (See also: "professional office.")
A sign which directs attention to a business, profession
or entertainment conducted upon the premises on which the sign is
located, or to a commodity or service sold or offered for sale on
the premises on which the sign is located.
See "home occupation."
A structure, either freestanding or attached to a building
wall, having a horizontal or nearly horizontal top and bottom surfaces,
the bottom surface of which is located at least 10 feet above the
ground below and which is intended to serve as a covering over the
ground below and the objects thereon.
A governmental acquisition of real property or major construction
project.
A roofed structure providing space for the parking of motor
vehicles and enclosed on not more than three sides.
An inlet designed to intercept and redirect surface waters.
That portion of a building which is partly or completely
below finished grade and having more than 1/2 its height below finished
grade. (See also: "grade, finished," "story" and "basement.")
A certificate which is issued by the Construction Code Officer
signifying completion of a building, structure or other improvement
in accordance with applicable laws and ordinances and permitting the
occupancy or use of the building, structure or improvement for the
stated purposes.
The use of the building or land which is in any manner different
from the previous use by way of function, operation, extent, products
sold or manufactured or 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 occupancy or tenancy in the nonresidential zones.
A sign or portion thereof on which the copy or symbols change
either automatically through electrical or electronic means (for example,
time-and-temperature units), or manually through placement of letters
or symbols on a panel mounted in or on a track system. (See also:
"electronic message board.")
Any facility, by whatever name known, which is maintained
for the care, development and supervision of six or more children
under 13 years of age who attend the facility for less than 24 hours
a day, and which is licensed as a child-care center by the Department
of Human Services. This term shall not include any of those facilities
or uses which are not included within the definition of "child-care
centers" in the Manual of Requirements for Child Care Centers, State
of New Jersey, Department of Human Services.
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses and other storage buildings or transshipment points.
The use of a common personal wireless telecommunications
facility (PWTF) or a common site by two or more wireless license holders
or by one wireless license holder for more than one type of telecommunications
technology and/or placement of a PWTF on a structure owned or operated
by a utility or other public entity.
Every type of vehicle used for commercial purposes, including
but not limited to vehicles used to transport persons or property
for compensation or used in the furtherance of and/or performance
of a specific job or work function. This definition shall include
any vehicle bearing advertisements or printed commercially related
matter thereon. This term shall not include vehicles used for private
or personal transportation.
Facilities for the common use of two or more dwelling units,
including but not limited to roads, sidewalks, swimming pools, playgrounds,
trees, greens, fairways and parking areas.
An open space area within or related to a site designated
as a development, and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
Ownership of two or more contiguous parcels of real property
by one person or by two or more persons owning such property jointly,
either as tenants by the entirety or as tenants in common.
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. A communications antenna shall not include
mobile cellular communications antennas or mobile cellular communications
towers as otherwise regulated under this chapter.
The increase in soil bulk density.
The optional, initial development plan for subdivisions and/or
site plans of sufficient accuracy and detail to be used for the purpose
of informal review, evaluation and nonbinding comment by the Planning
Board and meeting the requirements of this chapter.
A use permitted in a particular zone 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 contained in this chapter and upon the issuance of an authorization
therefor by the Planning Board.
One or more buildings or structures and the land on which
situated containing multiple residential dwelling units or multiple
nonresidential uses characterized by a form of ownership of real property
under a master deed providing for ownership by one or more owners
of units of improvements together with an undivided interest in common
elements appurtenant to each.
Any equipment used in construction work, building or excavating,
usually of substantial size, which is operated in conjunction with
a commercial or industrial business, similar to but not normally registered
as a vehicle (synonymous with "machinery").
A temporary on-premises sign identifying the ongoing construction
activity during the time related to building or site improvements
that is limited to the ongoing construction activity and identifying
the contractor and/or any subcontractor engaged to perform construction
activity on the site and/or the builder, the architect, the engineer,
and the planner involved with the project.
Every type of vehicle used in conjunction with construction
work, building or excavating, including transportation or material,
which is operated in conjunction with a commercial or industrial business.
The presence of any harmful or deleterious substances exceeding
current federal and state maximum contaminant levels. The NJDEP residential
cleanup standards shall apply to residential uses, and the nonresidential
standards shall apply to nonresidential uses.
A retail establishment offering for sale a limited number
of groceries and household items intended for the convenience of the
surrounding neighborhood.
Development other than planned development.
One or more buildings or structures and the land on which
situated containing multiple residential dwelling units or multiple
nonresidential uses characterized by a form of multiple ownership
real estate in which property units are owned by a nonprofit corporation
or business trust, which grants occupancy rights to individual tenants.
Property owners buy shares in the corporation representing their ownership
of a property unit, and pay the corporation a share of real estate
taxes, building maintenance, and other overhead expenses. Property
transfers from the previous owner to a new owner are subject to approval
by a tenant board.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
See "lot, corner."
An agency designated by the Passaic County Board of Chosen
Freeholders to review municipal development plans impacting county
facilities such as county roadways and stormwater management systems.
The need for additional wireless telecommunications capacity
or service for state law purposes because of inadequate present capacity
or service, dead spots, static and inability to place a call.
The turnaround at the end of a dead-end street.
The portion of land surface or area from which earth has
been removed or will be removed by excavation; the depth below original
ground surface or excavated surface.
See "spa."
Small areas within a wireless telecommunications service
area where the field of strength is lower than the minimum level for
reliable service or inadequate capacity exists as determined by expert
testimony in accordance with industry standards.
A street or portion of a street which is accessible by a
single means of ingress or egress.
An unroofed platform, either freestanding or attached to
a building, that is supported by pillars or posts.
An appropriation of the giving of property to public use
or to be used by a community agency or community association which
precludes the owner, or others holding rights through the owner, from
asserting any right of ownership inconsistent with the use for which
the property is dedicated.
A dedication of land for construction, reconstruction, widening,
repairing, maintaining, or improving a street, public or private,
and for the construction, reconstruction or alteration of facilities
related to the safety, convenience or carrying capacity of said street,
including but not limited to curbing, pedestrian walkways, drainage
facilities, traffic control devices, and utilities in or along road
rights-of-way.
A legal document conveying ownership of real property.
See "restrictive covenant."
A standalone establishment where food is sold for consumption
off-premises and no counters or tables for on-premises consumption
of food are provided not contained within a larger grocery store or
supermarket.
The permitted number of dwelling units per gross area of
land to be developed.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
An embankment and associated space for impoundment of water
or, alternatively, the space for impoundment partially or entirely
created by excavation rather than by embankment, in either case designated
to temporarily retain stormwater runoff.
A detention basin or alternative structure designed to temporarily
retain stormwater runoff.
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.
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 structure; any mining,
excavation or landfill; and any use or change in the use of any building
or other structure, or land or extension of use of land, by any person,
for which permission is required pursuant to this chapter or under
the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
A zoning ordinance, subdivision ordinance, site plan ordinance,
official map or other municipal regulation of the use and development
of land or amendment thereto adopted and filed pursuant to the Municipal
Land Use Law.
Signs containing directional information whose purpose it
is to regulate and control the flow of vehicular and pedestrian traffic,
as well as signs containing directional information about public places
owned or operated by federal, state, county or local governments or
their agencies; publicly owned natural phenomena; historic, cultural,
scientific, educational and religious sites; areas of natural beauty
or naturally suited to outdoor recreation; and business establishments
in a facility with multiple occupancies.
A single sign which may provide information in a list, roster
or directory format of building tenants on the site.
Any intentional or unintentional action or omission, unless pursuant to and in compliance with the conditions of a valid and effective federal or State of New Jersey permit resulting in the releasing, spilling, pumping, pouring, emitting, emptying or dumping of a hazardous substance into the waters or lands of the State of New Jersey or into the waters or natural resources within the jurisdiction of the State of New Jersey. (See also: Chapter 432, Storm Sewers, Article I, Illicit Connections to Municipal Separate Storm Sewer System, § 432-2.)
A network of one or more antennas and fiber optic nodes typically
mounted to streetlight poles, or utility structures, which provide
access and signal transfer services to one or more third-party wireless
service providers. DAS shall also include the equipment location,
sometimes called a "hub" or "hotel," where the DAS network is interconnected
with third-party wireless service providers to provide the signal
transfer services. The term shall be construed to include supporting
cables, wires, braces, masts or other appurtenances.
A window vertical in a roof or the roofed structure containing
such window which does not increase floor area dimensions of the structure.
A single sign with items of information on both sides of
the sign and mounted as a single structure.
The removal of surface water or groundwater from land by
drains, grading or other means; includes control of runoff to minimize
erosion and sedimentation during and after construction or development,
and the means necessary for water supply preservation or prevention
of alleviation of flooding.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
The lands required for the installation or maintenance of
stormwater sewers, brook enclosures, brook channel improvements 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 N.J.S.A.
58:1A-1 et seq. and including lands intended as flood control basins.
An improved or delineated area on a lot leading from a street to a parking or loading area in connection with a nonresidential use constructed in conformity with Article IX, Design Standards for Site Plans.
An improved or delineated area on a lot leading from a street
to a garage or entrance to or exit from a building or structure or
a parking area intended and designed for use by motor vehicles having
a width not in excess of 18 feet.
A container used for the temporary storage of rubbish or
recyclable materials pending collection.
Any permanent building or portion thereof designed or used
exclusively as the residence of one or more persons, including but
not limited to the following types of dwellings:
DWELLING, ONE-FAMILYA detached building designed for or intended to contain only one dwelling unit and having no party wall or walls in common with an adjacent building.
DWELLING, TWO-FAMILYA building designed for or intended to contain only two dwelling units arranged in a duplex (i.e., one above the other) or as semidetached units (i.e., side by side with a common wall between the two adjacent dwelling units). Each dwelling unit shall have a separate entrance.
DWELLING, MULTIFAMILYA building designed for or intended to contain three or more dwelling units located above, below or to the side of each other, and which may share common facilities, such as entryways, hallways and utility systems. This term may include apartments, condominiums and cooperatives.
DWELLING, TOWNHOUSEA one-family dwelling in a row of units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire-resistant walls. This term may include a building or structure in fee simple, condominium, cooperative or leasehold ownership.
One or more rooms occupied or intended for occupancy as separate
living quarters by one family or household, 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.
A grant of one or more of the property rights by the property
owner to and/or for use by the public, a corporation, or another person
or entity.
A facility or a distinct part of a facility which is licensed
by the New Jersey Department of Health and Senior Services to provide
preventive, diagnostic, therapeutic, and rehabilitative services under
medical and nursing supervision to meet the needs of functionally
impaired adult participants who are not related to the members of
the governing authority by marriage, blood, or adoption. Elder-care
centers provide services to participants for a period of time, which
does not exceed 12 hours during any calendar day.
A sign whose alphabetic, graphic or symbolic information
content can be changed or altered on a fixed display surface composed
of electrically illuminated or mechanically driven changeable segments
either by means of preprogramming or by computer-driven electronic
impulses.
An area or feature which is of significant environmental
value, including, but not limited to, stream corridors; natural heritage
priority sites; habitat of endangered or threatened species; large
areas of contiguous open space or upland forest; steep slopes; and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame
Species Program.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
The erection, construction, alteration or maintenance by
public utilities, municipal or other governmental agencies of underground,
surface or overhead gas, electrical, steam or water transmission or
distribution systems, including electrical substations, telephone
dial centers, poles, towers, wires, mains, drains, sewers, pipes,
conduits, cables, fire alarm and police call boxes, traffic signals,
light stanchions, telephone lines, hydrants and other similar equipment
and accessories, in connection therewith, reasonably necessary for
the furnishing of adequate service by public utilities, municipal
or other governmental agencies for the public health, safety or general
welfare. Essential services shall include firehouses, first aid and
emergency aid squad, whether provided by a municipal or nonprofit
agency, pumping stations, sewerage treatment facilities, standpipes
and water storage tanks.
A deviation from or the waiver of an on-tract improvement requirement or a design standard as specified in Article IX in connection with an application for development and granted by the Planning Board pursuant to N.J.S.A. 40:55D-51.
The manufacturing from standardized parts of a distinct object
differing from the individual component.
The exterior vertical surface of a building including ornamentation,
windows, doors and overhangs. The term "principal facade" shall refer
to the facade which faces upon the street right-of-way.
Two or more persons, having a permanent and stable relationship,
occupying a dwelling unit as a bona fide single nonprofit housekeeping
unit.
A private residence in which child-care services are provided
to no less than three and no more than five children at any one time
for no less than 15 hours per week, and which is registered as a family
child-care home pursuant to the Family Day Care Provider Registration
Act.[3]
The Federal Communications Commission.
A form of ownership of real estate where the owner or owners
are entitled to the entire property with unconditional power of disposition
during and which passes to heirs upon death, or to another designee
pursuant to a will.
An artificially constructed barrier of any material or combination
of materials erected to enclose, screen, or separate areas.
The official action of the Planning Board 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 guaranties have been
properly posted for their completion, or approval conditioned upon
the posting of such guaranties.
The final map of all or a portion of the subdivision which
is submitted for a final approval in accordance with this chapter
and which, if approved, shall be filed with the proper county recording
officer and which complies with the Map Filing Law (N.J.S.A. 46:23-9.9
et seq.).[4]
The final site plan containing all changes required in the
preliminary site plan approval.
A lot whose buildable area is separated from the street on
which it fronts by a narrow stem and has its buildable portion located
at the rear of the lot at the end of the stem.
A sign that is made of cloth, canvas, fabric or like material,
mounted on a freestanding pole or other support, designed or intended
to advertise, identify or attract attention to a business, organization,
service or event on the premises upon which the flag is located.
See the State of New Jersey Flood Hazard Area Control Act
Rules (N.J.A.C. 7:13).
The sum of the area of all floors of buildings or structures
compared to the total area of the site. (See also: "floor area, gross.")
The total area of a building computed by measuring the horizontal
dimensions of the outside walls of all enclosed portions of the building,
including all interior balconies and mezzanines, but excluding attics,
basements and cellars unless used or intended to be used for human
habitation or service to the public.
The area of that portion of a building or structure designed,
intended, heated and furnished for year-round human occupancy, measured
on each floor from the inside surface of the exterior walls. This
term shall not include areas which are unheated, inaccessible, and/or
where the floor to ceiling height is five feet or less.
The total floor area for which the tenant pays rent and which
is designed for the tenant's occupancy and exclusive use. Gross
leasable area does not include mechanical rooms, internal stairs and
storage areas on floors below grade and above the first floor. Gross
leasable area does not include exterior sales and storage areas.
The plants characteristic of a region, period, or special
environment and in particular as it relates to the Borough of Hawthorne
and Passaic County.
A sign supported by structures or supports that are placed
on or anchored in the ground and which are independent of any building
or other structure. Unless otherwise limited or restricted, the term
"freestanding sign" shall include monument signs, as defined herein.
See "wetland, freshwater."
A structure containing parking spaces for vehicles, where
there is more than one floor or level on which parking spaces are
provided (synonymous with "parking deck").
A detached accessory building or portion of the principal
building used for the storage of motor vehicles of the occupants of
the principal building. A carport, or any similar structure not completely
enclosed, shall not be considered to be a "garage."
Any building, premises or land in which or upon which a business,
service or industry involving the maintenance, washing, servicing
or repair and storage in connection therewith is conducted or rendered,
and including automatic car washes and motor vehicle service stations
as defined herein.
A commercial establishment selling plants and garden products,
seeds, fertilizer, tools and other related items primarily at retail
to the public.
See "motor vehicle service station."
A freestanding accessory structure with a roof but no walls.
The sensation produced by luminance within the visual field
that is sufficiently greater than the luminance to which the eyes
are adapted to cause annoyance, discomfort or loss in visual performance
or visibility.
The governing body of the Borough of Hawthorne.
The elevation of the surface of the earth or, where applicable,
the average elevation of land around a building or structure as measured
at the foundation. Also, the inclination of a sloping surface, usually
expressed in percentage terms.
A reference plane representing the average of finished ground
level adjoining the building at all exterior walls.
Any stripping, culling, filling, stockpiling or any combination
thereof, including the land in its cut or filled condition.
A retail establishment which primarily sells food products
for home preparation and consumption, which may also include other
home care and personal care products, and carries a broader range
of merchandise than convenience stores.
Synonymous with "density."
See "floor area, gross (GFA)."
See "floor area, leasable (GLA)."
Water contained in interconnected pores of a saturated zone
in the ground, also known as "well water." A saturated zone is a volume
of ground in which the voids in the rock or soil are filled with water
at a pressure greater than atmospheric.
Enclosed floor space intended for living, sleeping, eating
and cooking, but not including bathrooms, closets, halls, storage
space or utility areas as defined by the International Building Code.
A sign designed to hang from a building canopy, awning, awning
sign or a frame or other mechanical device attached to a building
wall and oriented at a 90° angle from the plane of the building
facade.
Any substance designated under 40 CFR pursuant to Section
311 of the Federal Water Pollution Control Act Amendments of 1972
[Clean Water Act (Public Law 92-500; 33 U.S.C. § 1251 et
seq.)], the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11
et seq., or Section 4 of the New Jersey Water Pollution Control Act
(N.J.S.A. 58:10A-4). Substances listed include petroleum, petroleum
products, pesticides, solvents and other substances.
Any solid waste that is defined or identified as a hazardous
waste pursuant to CFR Part 261, the Solid Waste Management Act, N.J.S.A.
13:1E et seq., or N.J.A.C. 7:26-8.
An establishment or part thereof providing facilities for
physical exercise, whether individual activity or group session, including
but not necessarily limited to gymnasiums, aerobic centers, exercise
salons, dance studios, and any combination thereof.
The vertical distance measured from the average finished
grade level, from the building or structure foundation, at twenty-foot
intervals around the building or structure (and at all points opposite
corners of the building or structure where the ten-foot lines intersect),
to the highest roof beams on a flat or shed roof, to the deck level
on a mansard roof, and to the average distance between the eaves and
ridge level for gable, hip and gambrel roofs. If the building or structure
wall is less than 40 feet in length, the measurement shall be taken
at the midpoint of the wall. Where a retaining wall bisects the ten-foot
dimension, an additional measurement shall be taken using the average
height between the top and bottom of the retaining wall.
When referring to a tower or accessory structure thereto,
the distance measured from the lowest finished grade of the base of
the tower to the highest point on the tower or other structure, including
the base pad and any antenna.
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing which has been
designated in the Historic Preservation Plan Element of the Master
Plan as being of historical, archaeological, cultural, scenic or architectural
significance.
Any use or occupation for gain conducted entirely within
a dwelling unit by members of the household residing in the dwelling
unit and up to one employee not residing in the dwelling unit. For
purposes of this chapter, the term "home occupation" shall include
the term "family child-care home."
One or more persons inhabiting a single dwelling unit as
their permanent residence, regardless of relationship. A household
may or may not be synonymous with "family." Residents of group quarters,
such as college dormitories, military barracks, prisons, jails and
nursing homes, shall not be considered households.
Any sign or portion thereof which is illuminated by artificial
light, either from an interior or exterior source, including outline,
reflective or phosphorescent light, whether or not the source of light
is directly affixed as part of the sign.
The percentage of a lot covered by all impervious surfaces,
including buildings, structures, pavement, and other land improvements,
including swimming pools that are highly resistant to infiltration
by water.
A surface that has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
A detention facility designed to infiltrate retained water
to the subsurface and which is not an injection well.
A sign which directs attention to a public, quasi-public
or similar use, including but not limited to a religious building,
library, public or private school, hospital or government-owned or
operated building, structure or land.
A business devoted to the boarding, care or breeding of dogs
and cats.
A natural or man-made body of water over two acres in size
from which a stream may flow and which occurs in an isolated depression
that is not part of a surface river or stream.
Any parcel of land or portion thereof, including improvements
and fixtures on, above or below the surface.
Any activity involving the clearing, cutting, excavating,
filling, grading and any other activity which causes land to be exposed
to the danger of erosion.
Plan prepared by a landscape professional that details shrubbery,
lawn area, ground cover, rock formations, contours, flora and the
planting of coniferous and/or deciduous trees native.
A freestanding steel framework tower.
An off-street space or berth on the same lot with a building
or group of buildings it is designed to serve for the temporary parking
of a commercial vehicle while loading or unloading.
A business trademark identified as an insignia, symbol or
emblem.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed,
or built upon as a unit.
The area of a lot expressed in square feet or acres. Any
portion of a lot included in a street right-of-way shall not be included
in calculating lot area. In addition, any portion of a lot or lots
dedicated to the Borough for future roadway use, or by easement, shall
not be included in the calculation of the lot area.
A horizontal distance between the front and rear lot lines,
measured perpendicular or radial to the front lot line at the midpoint
of the lot frontage to the furthest distance thereof or taken as the
average of three measurements along the lot frontage, one taken at
each corner and one taken at the midpoint, for irregularly shaped
parcels.
The horizontal distance between the side lot lines, measured
along the front lot line.
Any line, including the street line, forming a portion of
the exterior boundary of a lot.
LOT LINE, FRONTThe line which separates the publicly owned or controlled street right-of-way from the private property which abuts upon the street, as distinct from a sidewalk line, curbline or edge-of-pavement line. On a street or highway shown on the adopted Master Plan of the Borough, the front lot line shall be considered to be the proposed right-of-way line for the street.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
The horizontal distance between side lot lines, measured
parallel to the front lot line at the required front yard setback
line.
A lot at the junction of and having frontage on two or more
intersecting streets or abutting a single road at the point where
the road tangents deflect by more than 45°.
Any lot other than a corner lot.
A parcel of land which extends through from one street to
another, and which streets do not intersect at the property.
Housing affordable according to federal Department of Housing
and Urban Development or other recognized standards for home ownership
and rental costs, and occupied or reserved for occupancy by households
with a gross household income equal to 50% or less of the median gross
household income for households of the same size within the housing
region in which the housing is located, and is subject to affordability
controls.
Item of mechanical operation used in a specific work purpose
in varying degrees of bulk (sometimes synonymous with "equipment").
Any security which may be accepted by the Borough for the
maintenance of any improvements required by this chapter, including
but not limited to surety bonds, letters of credit under the circumstances
specified in Section 16 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.5),
and cash.
Any development that provides for the ultimate disturbance
of one or more acres of land or a cumulative increase in impervious
surface by 1/4 acre or more. Disturbance for the purpose of this rule
is the placement of impervious surface or exposure and/or movement
of soil or bedrock or clearing, cutting, or removing of vegetation.
Projects undertaken by any government agency which otherwise meet
the definition of "major development" but which do not require approval
under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also
considered major development.
Those discharges for which a NJPDES discharge to groundwater
permit is required. Examples include but are not limited to discharges
of sanitary wastewater from housing developments, schools, businesses,
factories; discharges of industrial wastewater; illicit connections
as defined in § 323-2; and some stormwater discharges. Sanitary
landfills and hazardous waste facilities can also be considered potential
major dischargers to groundwater. These discharges often use injection
wells (including subsurface disposal systems serving facilities with
an aggregate design flow in excess of 2,000 gallons/day); infiltration/percolation
lagoons; spray irrigation; overland flow systems; surface impoundments;
dredge spoils; and residual surface impoundments.
Any site plan not classified as a minor site plan.
Any subdivision not classified as a minor subdivision.
Process involving the mechanical or chemical transformation
of materials or substances into new products, including the assembling
of component parts, the creation of products, and the blending of
materials.
See "canopy or marquee."
Any systems of activity of structured touch which include,
but are not limited to, holding, applying pressure, positioning and
mobilizing soft tissue of the body by manual technique and use of
visual kinesthetic, auditory and palpating skills to assess the body
for purposes of applying therapeutic massage, bodywork or somatic
principles. Such application may include, but is not limited to, the
use of therapies such as heliotherapy or hydrotherapy, the use of
moist hot and cold external applications, external application of
herbal or topical preparations not classified as prescription drugs,
explaining and describing myofascial movement, self-care and stress
management as it relates to massage, bodywork and somatic therapies.
Massage, bodywork and somatic therapy practices are designed to affect
the energetic system of the body for the purpose of promoting and
maintaining the health and well-being of the client. Massage, bodywork
and somatic therapies do not include the diagnosis or treatment of
illness, disease, impairment or disability.
Any establishment where any person, firm, association or
corporation engages in, carries on or permits to be engaged in or
carried on any of the activities mentioned in the definition of "massage"
for compensation of any kind.
A composite of one or more written or graphic proposals for
the development of the Borough as set forth in and adopted pursuant
to Section 19 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-28), as amended.
The development plan of a single lot which is not otherwise exempt from site plan review, does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to § 540-39 and as otherwise regulated pursuant to § 540-33B(2)(a) and (b).
Any subdivision containing not more than two lots fronting on an existing accepted street or on a private street approved by the Planning Board or otherwise approved by the governing body for purposes of issuing building permits, not involving a planned development, any new street or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to § 540-45.
Housing affordable according to federal Department of Housing
and Urban Development or other recognized standards for home ownership
and rental costs, and occupied or reserved for occupancy by households
with a gross household income equal to or more than 50% but less than
80% of the median gross household income for households of the same
size within the housing region in which the housing is located, and
is subject to affordability controls.
Any freestanding sign that is attached to a proportionate
base or plinth, integrated ground planter box, or structural frame
other than a mast or pole(s).
A building or premises in which or upon which is conducted
a business involving the retail sale and direct delivery to motor
vehicles of motor fuel and lubricating oil regardless of any other
business on the premises, which business may or may not include facilities
for lubricating, washing or otherwise servicing motor vehicles, but
not including facilities for body repair work or painting.
A building or premises used for the transfer of privately
owned furniture, household goods and other materials in transit between
a previous location and a final location and which may include facilities
for the loading, unloading and temporary storage of such materials
and for the temporary parking of trucks used in connection with such
use.
The Planning Board, the Board of Adjustment of the Borough
of Hawthorne, and any agency which is created by or responsible to
the Borough when such agency is acting pursuant to this chapter.
Any city, borough, town, borough or village. For the purposes
of this chapter, the phrase "the municipality" shall refer to the
Borough of Hawthorne.
A sign which states the name and/or profession or address
a person or persons residing on the premises or legally occupying
the premises where the sign is located.
A building or structure the size, dimension or location of
which was lawful prior to the adoption, revision or amendment of this
chapter, but that fails to conform to the requirements of the zoning
district in which it is located by reason of such adoption, revision
or amendment.
A lot of record the area, dimension or location of which
was lawful prior to the adoption, revision or amendment of this chapter,
but fails to conform to the requirements of the zoning district in
which it is located by reason of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.
Any private action which unreasonably interferes with the
comfortable enjoyment of another's property, which may be enjoined
or abated and for which the injured or affected property owner may
recover damages.
See "child-care center."
A facility licensed by the New Jersey Department of Health
and Senior Services to provide health care under medical supervision
and continuous nursing care for 24 or more consecutive hours to two
or more patients who do not require the degree of care and treatment
which a hospital provides and who, because of their physical or mental
condition, require continuous nursing care and services above the
level of room and board.
A chemical element or compound, such as nitrogen or phosphorous,
which is essential to and promotes the development of organisms.
See "billboard."
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part), which is the subject
of a development application, or the closest half of the street or
right-of-way abutting the property (of which the lot is a part).
An improvement which is not located on the property which
is the subject of a development application nor on the closest half
of the abutting street or right-of-way and includes any of the following:
All improvements of the types required for on-tract installation
where the need for the providing of such improvements off-tract is,
in whole or in part, made necessary by the proposed application of
the applicant and where the making of such improvements will confer
a benefit upon the applicant's lands which are the subject of
the application.
Any improvement or facility, the installation of which is required
in the public interest and the public need for which would not arise
but for the improvement of the lands which are the subject of the
applicant's application and the installation of which would confer
a benefit upon the applicant's lands which are the subject of
the application. In addition to improvements of the type referred
to above, improvements required to maintain a safe flow of vehicular
and pedestrian traffic are specifically declared to be necessary in
the public interest.
Installation of new improvements and extensions and modifications
of existing improvements.
See "parking, off-tract."
A map adopted by ordinance pursuant to Article 5 of P.L.
1975, c. 291 (N.J.S.A. 40:55D-32 et seq.).
Located on the lot in question and excluding any abutting
street or right-of-way.
Any improvement, the installation of which may be required
as part of an application for development and which is to be located
on the property which is the subject of a development application
or on the closest half of an abutting street or right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space; provided that such
areas may be improved with only those improvements that are designed
to be incidental to the natural openness of the land.
See "billboard."
A dining area with waiter/waitress service, with seats and/or
tables located outdoors of a restaurant on the same premises and which
is:
The keeping, outside the confines of a building, of goods,
supplies, equipment, materials and merchandise of any kind intended
for use or sale on the premises.
Any individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be subdivided or developed to commence and maintain proceedings
to subdivide or develop the same under this chapter.
A street that has never been built, but is shown on an approved
plan, subdivision plat, tax maps, or official map.
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
and loading areas.
See "garage, parking."
See "garage, parking."
A space denoted by painted lines for the off-street parking
of a motor vehicle exclusive of access drives and aisles.
An arrangement approved pursuant to an application whereby
an existing parking area on one lot is used to satisfy the parking
obligation on another lot.
An arrangement approved pursuant to an application whereby
parking facilities are shared by occupants of two or more premises.
A level, landscaped, and/or surfaced area directly adjacent
to a principal building at or within three feet of the finished grade
and not covered by a permanent roof.
Any lightweight plastic, fabric or other material, whether
or not containing a message of any kind, suspended from a rope, wire
or string, usually in a series, designed to move in the wind.
Any security, which may be accepted by the Borough in lieu
of a requirement that certain improvements be made before the approving
authority grants final approval of a subdivision plat, site plan or
zoning variance, including but not limited to surety bonds, letters
of credit under the circumstances specified in Section 16 of P.L.
1991, c. 256 (N.J.S.A. 40:55D-53.5), and cash.
A set of criteria or limits relating to certain characteristics
that a particular use or process shall satisfy or not exceed.
Any individual, corporation, company, partnership, firm,
association, the Borough of Hawthorne, or political subdivision of
this state subject to municipal jurisdiction pursuant to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
A building or part thereof in which or from which a service
is rendered directly to the ultimate consumer, including, but not
limited to, dry cleaners, barber and beauty shops, nail salons, shoe
repair shops, photographic studios, on-premises repair of small household
appliances, and instructional classes for dance, martial art, music,
ceramics and similar activities.
Accessory facilities serving and subordinate in area, extent
and purpose to, and on the same lot as, a telecommunications tower
or antenna location. Such facilities include, but are not limited
to, transmission equipment, storage, sheds, storage buildings, and
security fencing.
Facilities for the provision of wireless communications services,
including but not limited to antennas, antenna support structures,
telecommunications towers, and related facilities other than personal
wireless telecommunications equipment facilities (PWTEFs).
A building wherein persons regularly assemble for religious
worship, which is used for such purposes and those necessary activities
as are customarily associated therewith, and for which the use qualifies
for tax exemption as a nonprofit religious institution.
Structural landscaped reservoirs used to collect, filter,
and infiltrate stormwater, allowing pollutants to settle and filter
out as the water percolates through the vegetation, growing medium,
and gravel.
The map or maps of a subdivision.
An accessory building or structure intended solely for recreational
use by children. Playhouses shall not have electricity or plumbing
and shall be clearly incidental to the residential use on the premises.
A temporary sign announcing or supporting political candidates
or issues in connection with any national, state or local election.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked
or discarded equipment, rock, sand, cellar dirt, industrial, municipal,
agricultural, and construction waste or runoff, or other residue discharged
directly or indirectly to the land, groundwaters or surface waters
of the state, or to a domestic treatment works. "Pollutant" includes
both hazardous and nonhazardous pollutants.
A natural or man-made body of water, excluding man-made irrigation
water bodies, ranging in size from 1/2 acre to two acres, from which
a stream may flow and which occurs in an isolated depression that
is not part of a surface river or stream.
A roofed, open area, which may be screened, attached to or
part of a building, and with direct access to or from it.
Any sign not permanently attached to the ground or other
permanent structure, or a sign designed to be transported, including
but not limited to signs designed to be transported by means of wheels;
signs converted to A-frames; menu and sandwich board signs; balloons
used as signs; umbrellas used for advertising; and signs attached
to or painted on vehicles parked and visible from the public right-of-way,
unless said vehicle is used in the normal day-to-day operations of
the business for transport.
Any tower or antenna which has a construction permit or land
use approval prior to the effective date of this chapter, including
permitted towers or antennas that have not yet been constructed, so
long as such construction permit or land use approval is current and
not expired, and including any tower or antenna on property owned,
leased or otherwise controlled by the Borough of Hawthorne.
The conferral of certain rights pursuant to Sections 34,
36 and 37 P.L. 1975, c. 291 (N.J.S.A. 40:55D-46, 40:55D-48 and 40:55D-49)
prior to final approval after specific elements of a development plan
have been agreed upon by the Planning Board and the applicant.
Architectural drawings prepared during early and introductory
stages of the design of a project, illustrating in schematic form
its scope, scale and relationship to its site and immediate environs,
and submitted as part of an application for preliminary site plan
approval.
The preliminary map indicating the proposed layout of a subdivision
or site plan which is submitted to the Planning Board or Board of
Adjustment for consideration and preliminary approval.
A structure arranged, adapted or designed for the predominant
or primary use of the premises.
The primary or predominant use of the premises.
See "garage, private."
See "swimming pool, private."
The place of business of a physician, dentist, attorney,
accountant, engineer, architect, professional planner, insurance agent,
real estate agent or other member of a generally recognized profession
maintained for the conduct of that profession and offering no product
or merchandise for sale to the public on the premises.
See "garage, public."
Buildings, structures, and facilities, including generating
and switching stations, poles, lines, pipes, pumping stations, repeaters,
antennas, transmitters and receivers, valves, and all buildings and
structures relating to the furnishing of utility services, such as
electric, gas, telephone, water, sewer, and public transit, to the
public.
Visible from a public thoroughfare, public lands or buildings
or navigable waterways.
Any sign indicating the availability for sale, for rent or
for lease of a lot or building upon which it is erected or displayed.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
A vehicular-type portable structure without permanent foundation,
which can be towed, hauled or driven and is primarily designed as
a temporary living accommodation for recreational, camping and travel
use and including but not limited to travel trailers, truck campers,
camping trailers and self-propelled motor homes.
A facility, which is attached to another long-term care facility
licensed by the Department of Health and Senior Services, that provides
food, shelter, supervised health care and related services, in a homelike
setting, to four or more persons 18 years of age or older who are
unrelated to the owner or administrator.
A facility in which food is prepared and served for consumption
on the premises to patrons seated at tables, booths and counters inside
the building by waiters and/or waitresses.
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 off and away from the premises.
A restriction on the use of land usually set forth in the
deed.
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law, or the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument.
See "store, retail."
See "wall, retaining."
A pond, pool, or basin used for the permanent storage of
water runoff.
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, road, electric transmission line, gas
pipeline, water main, sanitary or storm sewer main, shade tree, or
for another special use. A right-of-way is generally the right of
one to pass over the property of another.
A sign constructed or supported upon the roof of any building
or structure.
See "A-frame sign."
Any apparatus with a flat or parabolic surface which is designed
for the purpose of receiving television, radio, microwave, satellite,
or similar electronic signals.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
A building or group of buildings containing separate spaces
or compartments for dead storage of goods, wares and equipment and
leased or rented on an individual basis.
A person at least 62 years of age, or the spouse of that
person, or the surviving spouse of that person, if the surviving spouse
is 55 years of age or older.
A building or buildings containing one or more dwelling units
restricted by deed or other instrument to occupancy of each dwelling
unit by a person or persons in any one of the following categories:
up to two individuals, both of whom are 62 years of age or older or
a couple in a marriage, civil union or domestic partnership, either
one of whom is 62 years of age or older, or persons who are handicapped/disabled.
Retail establishments that primarily render services rather
than goods.
The shortest straight line distance between a building or
structure and the nearest property line.
See "parking, shared."
An unheated building, whether on a permanent or temporary
foundation, designed and intended for storage of items smaller in
size than an automobile, and accessory to the permitted use on the
premises, but not for storage of an automobile.
See "store, retail."
An improved pedestrian surface that is typically located
adjacent to a roadway.
An outdoor dining area located in a public sidewalk or right-of-way
that is associated with a restaurant, on the same parcel.
A triangular area outside of the street right-of-way at the
quadrants of two intersecting streets (or one street where the road
tangents deflect more than 45%) and streets with driveways for the
purpose of maintaining unobstructed visibility along the intersecting
street.
Any composition of text, symbols, insignia, illustration,
graphics and/or combination thereof used to convey a message or to
promote or advertise a product or service or the interest of any person,
group of persons, company, business or organization when the same
is placed, erected, fastened, formed, suspended, attached, painted,
printed, floated, incised or cast into where it may be viewed from
outside a building or from off the premises on which it is located.
The product of the largest horizontal width and the largest
vertical height of the lettering, illustration, display or background.
If the letter, illustration, display or background is attached directly
to the face of a building, the height or width of the sign shall be
the height or width of the largest letter, illustration, display or
background, whichever is the greater.
A document containing the theme, style and design of the
signage located in a multitenant building.
See "freestanding sign."
See "illuminated sign."
See "wall sign."
See "window sign."
The lot or lots upon which development is to occur or has
occurred.
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including but not
necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways; 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; and any other information that may be reasonably
required in order to make an informed determination pursuant to this
chapter.
All unconsolidated mineral and organic material of any origin.
A device that directly converts sunlight into electricity
using photovoltaics (PV).
A commercial establishment providing facilities devoted to
especially health, fitness, weight loss, beauty and relaxation which
employs professional, licensed therapists whose services shall include
a combination of massage and body or facial treatments. Spa treatments
may include but necessarily be limited to body massage, body packs
and wraps, exfoliation, cellulite and heat treatments, electrolysis,
body toning, waxing, aromatherapy, cleansing facials, medical facials,
nonsurgical face lifts, electrical toning and electrolysis. Additional
services may also include hydrotherapy, steam and sauna facilities,
nutrition, weight management, exercise facilities and instruction.
Full-service hair salons, makeup consultation and application and
manicure and pedicure services may be provided as additional services.
Cuisine in connection with spa treatments may be offered to clientele,
but no spa shall maintain a restaurant that is generally open to the
public.
Signs used in connection with special events or activities,
including, but not limited to, charitable events and holiday events.
A special event sign shall not include real estate signs, garage/yard
sale signs or other types of accessory signs.
A written document that describes measures to be taken to
prevent, contain and clean up oil spills or other regulated wastes
prior to discharge to surface or ground waters.
An area delineated on the State Plan Policy Map and adopted
by the State Planning Commission that is intended to be the focus
for much of the state's future redevelopment and revitalization
efforts.
Defined as the geographic application of the State Development
and Redevelopment Plan's goals and statewide policies, and the
official map of these goals and policies.
Man-made trees, clock towers, bell steeples, silos, light
poles and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers so as to blend in with
the surrounding property characteristics, by using site appropriate
color for the site.
Land areas where the slope exceeds 15%.
A building or part thereof in which or from which merchandise
is sold at retail directly to the ultimate consumer.
Water resulting from precipitation (including rain and snow)
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 conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management basin may either
be normally dry (that is, a detention basin or infiltration basin),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any structural or nonstructural strategy, practice, technology,
process, program, or other method intended to control or reduce stormwater
runoff and associated pollutants, or to induce or control the infiltration
or groundwater recharge of stormwater or to eliminate illicit or illegal
nonstormwater discharges into stormwater conveyances.
Water flow on the surface of the ground or in storm sewers
resulting from precipitation.
That part of a building between any floor and the floor above
or, in its absence, the ceiling or roof above. A story in which persons
live, sleep, work or congregate, the ceiling of which is more than
three feet above the street level taken at the center of the street
facade, shall be counted as that fraction of a story which its height
above such street level bears to the height of the story. A story
which extends less than three feet above such street level shall not
be counted in determining the number of stories unless more than half
of the distance between the floor and the ceiling of such story is
above the grade of lot at the outside of such building; provided,
however, that when a building is located on a lot with irregular terrain
with a slope ratio from the highest finished grade at an outside wall
of the building to the lowest finished grade at an outside wall of
the building of three to one or steeper, the measurement of the first
story shall be taken from the average grade of the highest and lowest
grades at the outside walls of such building instead of the curb level
as described above. Any story under the pitched roof at the top of
a building, the floor of which is not more than two feet above the
plate, shall be counted as a half story when not more than 60% of
said floor area is used for rooms, bath or toilet; otherwise, it shall
be counted as that fraction of a story which its floor area in rooms,
baths or toilets bears to the entire floor area.
Any water body, either natural or man-made, of constantly
or intermittently flowing water, whether designated as a stream, brook,
river or otherwise, and consisting of a bed, banks and watercourses.
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 official action as provided by this chapter,
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, curbs, sidewalks, parking
areas and other areas within the street lines.
The edge of the existing or future street right-of-way, whichever
is wider, as 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. Where title to land extends into or to the center of
a street, the right-of-way line shall nevertheless be deemed to be
the street line.
See "dead-end street."
See "paper street."
A street that has not been accepted by the municipality or
other governmental entity.
Any combination of materials forming any construction for
occupancy, use or ornamentation whether installed on, above, or below
the surface of a parcel of land. The term "structure" shall include,
among other things, buildings, walls, fences, display stands, platforms,
pools, flagpoles, tanks and towers of any kind.
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to affect a subdivision of land hereunder for himself/herself
or for another.
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 term "subdivision" shall also include the term "re-subdivision."
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 Chairperson to be for agricultural
purposes, where all resulting parcels are five acres or larger in
size.
Divisions of property by testamentary or intestate provisions.
Division of property upon court order, including but not limited
to judgments of foreclosure.
Consolidation of existing lots by deed or other recorded instrument.
The conveyance of one or more adjoining lots, tracts or parcels
of land, owned by the same person or persons and all of which are
found and certified by the Borough Clerk 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 of the Borough.
Long, narrow, gently sloping landscaped depression that collect
and convey stormwater runoff.
A private swimming pool or tank, artificially constructed,
installed or maintained upon any premises, as the term swimming pool
is defined by the International Building Code, Chapter 31, Section
3109. All private swimming pools shall be subject to the terms and
conditions of those respective codes. A private swimming pool or tank,
artificially constructed, installed or maintained upon any premises
by any person for his own or his family's use or for the use
of his guests or invitees, and shall also mean and include a wading
pool or tank, artificially constructed or installed, not designed
or used for swimming with an area of more than 120 square feet and/or
a water depth of more than 18 inches.
See "bar; tavern."
A sign which is intended to advertise community or civic
projects, real estate for sale or lease, grand openings, sales, or
other special events on a temporary basis.
A portable containerized property storage facility or unit
intended to be temporarily utilized upon the exterior premises for
the purpose of storing all types of items either for temporary storage
on-site due to construction or facilitate movement of such property
to commercial storage facilities.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar wireless telecommunication purposes, including self-supporting
lattice towers or monopole towers. The term shall also include radio
and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures and
the like. The term includes the structure of the tower along with
any support thereto.
An integrated plan of townhouse dwelling structures and common
properties and/or facilities.
See "dwelling, townhouse."
One or more lots comprising the property which is the subject
of a development application. Existing streets shall not be included
in calculating the area of the tract.
A wheel-based vehicle designed to be transported by traction
and which is intended to be used for purposes of hauling goods, objects
or materials of any kind.
The specific purpose for which land or a building, structure
or facility is designed, arranged or intended, or for which it is
or may be occupied or maintained.
Permission to depart from the literal requirements of a zoning
regulation pursuant to this chapter.
Permission granted by formal action of the approving authority
or a Borough of the approving authority to whom such power has been
delegated, to depart from the requirements of this chapter with respect
to the submission of required documents.
All flat signs of solid-face construction which are placed
against a building or other structure and attached to the exterior
front, rear or side wall of any building or other structure so that
the display surface is parallel with the plane of the wall. Signs
painted on an exterior or a wall shall be deemed to be "wall signs"
subject to this chapter.
An exterior, solid, upright structure which is self-supported
on the ground directly below it on a foundation, and having a length
much greater than its thickness, and intended to enclose, protect,
divide or screen a space.
An exterior, solid, structure supporting structure having
a higher ground level on one side than the other and designed and
intended to create a vertical or near vertical change in grade for
the purpose of retaining earth.
A building in which goods, supplies, equipment, materials
and merchandise are stored, where no physical change in such articles
takes place and where such articles are not otherwise used on the
premises, such as in storage areas when part of a retail establishment
or manufacturing plant.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
A retention basin designated to retain some water on a permanent
basis.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation"; as designated by the Department
of Environmental Protection pursuant to the New Jersey Freshwater
Wetlands Protection Act, N.J.S.A. 13:9A-1 et seq.
A business establishment for the sale and distribution of
merchandise to retailers or wholesalers rather than to consumers.
A sign internally or externally affixed on a window or glass
door or located inside the window which is designed or intended to
be visible from the exterior of the building.
Any personal wireless services as defined in the Telecommunications
Act of 1996 (the "TCA"), which includes FCC licensed commercial wireless
telecommunications services, specialized mobile radio, enhanced specialized
mobile radio, paging and similar services that exist or that may be
developed in the future.
FRONT YARDAn open, unoccupied space, unless occupied by a use as hereinafter specifically permitted, extending across the full width of the lot and lying between the street right-of-way and the nearest point of the principal building on the lot.
SIDE YARDAn open space, unoccupied except by a use as hereinafter 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.
REAR YARDAn open space, unoccupied except by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the rear lot line and the nearest point of the principal building on the lot.
The administrative officer designated to administer this chapter (see Article V of this chapter) and issue zoning permits.
A document signed by the Zoning Officer which is required by this chapter as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion, or installation of a structure or building; and which acknowledges that such use, structure or building complies with the provisions of this chapter (see Article V of this chapter) or variance therefrom, or is a nonconforming use.
