Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings herein indicated:
ACCESSA physical entrance to property.
ACCESSORY BUILDING, STRUCTURE OR USEA building, structure or use which is customarily associated with and is incidental and subordinate to the principal building, structure or use and which is located on the same lot therewith, including, but not limited to, garages, carports, decks, sheds, nonportable swimming pools and all roofed structures. Any accessory building attached to the principal building shall be considered part of the principal building.
ACCESSWAYA single vehicular entrance and/or exit combination between a street and a lot.
ADDITIONThe construction of a new improvement as a part of an existing improvement when such new improvement changes the exterior appearance of any landmark.
ADMINISTRATIVE OFFICERThe Zoning Enforcement Officer of the Borough of Laurel Springs unless a different official(s) is designated by ordinance or statute or by the Mayor.
ADULT BOOKSTOREAn establishment having any portion of its stock-in-trade books, magazines, other publications, films, and other viewing materials which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to specified sexual activities, sexual conduct or specified anatomical areas or an establishment which has any segment or section of the premises devoted to the sale, rental, or display of such material.
ADULT MOTION PICTURE THEATERAn enclosed building used for presenting film or films, continuous slides or pictures presenting materials distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities, sexual conduct or specified anatomical areas for observation by patrons therein.
AISLEThe traveled way by which cars enter and depart parking spaces.
ALTERATIONSAny work done on an existing improvement which:
A. Is not an addition to that improvement; or
Changes the appearance of the exterior surface of any improvement.
ANTENNAA structure, usually constructed with wire or wires, for radiating waves into space or receiving them from space.
APPLICANTThe landowner or the agent, optionee, contract purchaser or other person authorized in writing to act for the landowner submitting an application under this chapter, or Chapter
157, Land Use Procedures, or any application relating to land use or development.
The application or appeal forms, together with the required fees and all accompanying documents required for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction for issuance of a permit pursuant to Section 25 or 27 of the State Municipal Land Use Law (N.J.S.A. 40:55D-34 or 40:55D-36).
AUTOMOBILE SALES LOT OR BUILDINGA lot or building used for the sale or hire of automotive equipment. This shall be interpreted to include new and used car dealerships and auto accessory salesrooms but not the sale of junked automotive equipment.
AUTOMOBILE SERVICE STATIONA structure and surrounding land used for the storage and sale of petroleum fuel primarily to motor vehicles and for accessory uses such as the sale of lubricants, accessories or supplies or the performing of minor repairs. A service station is not a repair garage, body shop or car wash.
AWNINGA roof-like covering of canvas, aluminum or other material attached to a metal or other frame which is entirely supported by the building or other structure to which it is attached.
AWNING SIGNA sign which is attached to or made part of an awning.
BABY-SITTINGAn activity provided in an occupied residence in which childcare is provided only for a child or children related to the resident caregiver or only for a child or children of one unrelated family or only for a combination of such children, not being a childcare center or family day-care home. Baby-sitting is a permitted accessory use in all Borough residences.
BANKA commercial bank, savings and loan, or savings bank.
BARRIER CURBA steep-faced curb intended to prevent encroachment.
BASEMENTThe portion of a building that is partly below grade which has more than 1/2 of its height, measured from floor to ceiling, below the average finished grade of the ground adjoining the building. A basement shall be counted as a story if used for business or dwelling purposes other than for a janitor employed on the premises.
BED AND BREAKFASTA portion of a residential dwelling unit containing no more than three sleeping accommodations, without individual cooking facilities, which are used, let, or hired out for compensation for the use of temporary guests for no more than seven days. A central dining room may be utilized to furnish breakfast only to the guests.
BEDROOMA room planned or used primarily for sleeping.
BELGIAN BLOCK CURBA type of paving stone generally cut in a truncated, pyramidal shape, laid with the base of the pyramid down.
BERMA mound of soil, either natural or man-made, used as a view obstruction.
BILLBOARDAny structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes other than on a building or the grounds to which the advertising applies. Billboards are prohibited in all zoning districts.
BLOCKAn area bounded by one or more streets or a municipal boundary and of sufficient size to accommodate a lot or lots of the minimum size required by this chapter.
BOARDThe Joint Land Use Board comprised of the Planning Board and/or the Zoning Board of Adjustment established by ordinance of the Borough of Laurel Springs as authorized by the State Municipal Land Use Law (N.J.S.A. 40:55D-25).
BOARDING HOUSEA building, other than apartment buildings or townhouses, or part thereof arranged or used for lodging, with or without meals, for compensation, monetary or otherwise, and not occupied as a single housekeeping unit. Boarding houses are prohibited in all zoning districts.
BRIDGEA structure designed to convey motorized or nonmotorized vehicles and/or pedestrians over a watercourse, railroad, street or other obstacle or depression.
BUFFERAn area within a property or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences and/or berms designed to continuously limit the view of and/or sound from the site to adjacent sites or properties.
BUILDABLE AREAThat portion of a lot lying between required yards and/or setback lines.
BUILDINGA combination of materials to form a construction adapted to a permanent, temporary, or continuous occupancy and having a roof, created to shelter human activity.
BUILDING AREAThe horizontal plane projection taken at grade level of all covered or roofed areas on a lot, whether permanent or temporary. In computing building area, cornices, eaves, gutters, and uncovered steps are excluded.
BUILDING HEIGHTThe building height shall be measured from the average grade line perimetering the building to the top of the main roof cornice line, excluding necessary utility-type roof structures. Building height calculations shall not include building service equipment (i.e., mechanical services, elevator penthouses, condensers, exhaust fans and air-conditioning and similar equipment) and similar projections; provided, however, that such projections shall not cover more than 5% of the roof area and shall be shielded.
BUILDING LINEA line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered section of a building, the vertical plane will coincide with the most projected surface. All yard requirements shall be measured to the building line.
CALIPERThe diameter of a tree trunk measured in inches, measured six inches above ground level for trees up to four inches in diameter and measured 12 inches above ground level for trees over four inches in diameter.
CAPITAL IMPROVEMENTA governmental acquisition of real property or a major construction project.
CARTWAYThe hard or paved portion of a street customarily used for vehicles in the regular course of travel. Where there are curbs, the cartway is that portion between the curbs. Where there are no curbs, the cartway is that portion of the paved or graded width.
CELLARThe portion of a building that is partly or entirely below grade, which has more than 1/2 of its height, measured from floor to ceiling, below the average finished grade of the ground adjoining the building. A cellar shall be counted in floor area ratio computations if used for business purposes other than for ancillary storage. A cellar shall not be used as a dwelling unit.
CERTIFICATE OF OCCUPANCYA statement signed by the Construction Official setting forth that a particular lot or a particular structure may lawfully be occupied for a specific use or uses.
CHARGING STATIONA machine or machines that supply electric energy for the recharging of plug-in electric and/or hybrid vehicles, providing electrical conversion, monitoring, and safety functionality, which support faster charging at higher voltages and currents than standard electrical outlets.
CHILD-CARE CENTERAny facility maintained for the care, development and supervision of six or more children under the age of six years, who attend the facility for less than 12 hours a day, and which offers such programs as day-care centers, drop-in centers, recreation-type centers sponsored and operated by a county or municipal government, day nursery schools, play schools, cooperative child centers, infant-toddler programs, and/or kindergartens that are not an integral part of a private educational institution or system offering elementary education in grades kindergarten through sixth. A child-care center shall not offer programs operated by a public or private day school of elementary and/or high school grade, special activity programs for children, youth camps and/or religious classes.
CIRCULATIONSystems, 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 trans-shipment points.
CLUB, SOCIALA private or nonprofit organization for social purposes in which the principal use is in an enclosed building and no outdoor sports are involved.
COMMON OPEN SPACEAn 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.
COMPLETE APPLICATIONAn application for development shall be complete for purposes of commencing the applicable time period for action by the Zoning Enforcement Officer. In the event that the application is not certified to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the 45-day period for purposes of commencing the applicable time period for action by the Board, unless the application lacks information indicated on a checklist adopted by ordinance and provided to the applicant and the Zoning Enforcement Officer has notified the applicant, in writing, of the deficiencies in the application within 45 days of the submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the Board may subsequently require correction of any information found to be in error and submission of additional information not specified in this chapter or any revisions in the accompanying documents as is reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application have been met. The application shall not be deemed incomplete for lack of any such additional information or any revision in the accompanying documents so required by the Board.
CONCEPT PLANA preliminary presentation and attendant documentation of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification.
CONDITIONAL USEA use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as specified in this chapter.
CONSERVATION EASEMENTAn easement in favor of the Borough for the purpose of preserving open space, buffers and/or the natural, scenic, aesthetic, or historic value of land and precluding any building on the premises.
CONSTRUCTION OFFICIALThe municipal official specified in the Building Code and designated as such by the Borough Council responsible for the enforcement of the State Uniform Construction Code.
COUNTY MASTER PLANA composite of the Master Plan for the physical development of the county in which the municipality is located, with the accompanying maps, plats, charts and description and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40: 27-2 and 40:27-4.
COUNTY PLANNING BOARDThe County Planning Board, as defined in Section 1 of PL. 1968, c. 285 (N.J.S.A. 40:27-6.1), of the county in which the land or development is located.
COURTAny area bounded by three or more attached building walls.
COVERAGE, BUILDINGThe square footage or other area measurement by which all buildings occupying a lot as measured in a horizontal plane around the periphery of the foundation and including the area under any roof extending beyond the foundation.
COVERAGE, LOTThe square footage or other area measurement by which all buildings and impervious surfaces cover a lot as measured in a horizontal plane to the limits of the impervious area(s), such as surface areas, walkways, patios, and plazas. All surfaced parking areas and driveways, all required parking areas which are permitted to remain unsurfaced, and all gravel driveways shall be included in the computation of lot coverage.
CUL-DE-SACA local street with only one outlet and having the other end for the reversal of traffic movement.
CULVERTA structure designed to convey a watercourse not incorporated in a closed drainage system under a road or pedestrian walk.
CURBA vertical or sloping edge of a roadway with a height of 10 inches or 18 inches. See also "barrier curb" and "mountable curb" and applicable construction details.
DAY-CARE CENTERA facility duly licensed by the State Department of Institutions and Agencies for the daytime accommodation of children.
DEDICATIONAn appropriation or giving up of property to public use, which precludes the owner or others under him from asserting any right of ownership inconsistent with the use for which the property is dedicated.
DEMOLITIONThe partial or total razing or destruction of any landmark or of any improvement.
DENSITYThe number of dwelling units per gross area of land, including streets, easements, and open space portion of a development.
DEVELOPMENTThe division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or other structure or of any excavation or landfill; and any use or change of the use of any building or other structure or land or extension of use of land for which permission may be required pursuant to this chapter.
DRAINAGEThe removal of surface water or groundwater from the land by drains, grading or other means, such as retention or detention basins, including control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE AND UTILITY RIGHT-OF-WAYThe lands required for the installation and maintenance of stormwater and sanitary sewers, water pipes or drainage ditches and other utilities or lands 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.
DRIVE-INPremises constructed to cater primarily to the motoring public, whether or not serving pedestrians as well as the automobile trade, and used for the sale to the public of any product and providing curb and/or window counter service.
DRIVEWAYA means of ingress and egress for vehicles to and from a property.
DWELLINGAny permanent building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons. Dwellings may include but not be limited to the following types:
A. DWELLING, SINGLE-FAMILYA freestanding detached building on one lot, or within a lot held in common ownership, serving one family.
DWELLING, TWO-FAMILYA freestanding detached building on one lot, or within a lot held in common ownership, serving two families, with private exterior entrances to each dwelling.
DWELLING, SEMI-DETACHEDA freestanding detached building on one lot, or within a lot held in common ownership, serving up to four families, with private exterior entrances to each dwelling and, in general, having the exterior appearance of a single-family dwelling (e.g., duplex, triplex or quadplex dwelling types)
DWELLING, MULTI-FAMILYA building or portion thereof used or designed as a residence for three or more dwelling units, including garden apartments and mid-rise apartment projects.
DWELLING, GARDEN APARTMENTThree or more dwellings located within a single building, with an entrance to each dwelling by direct access from the outside or through a common hall. Garden apartments may include buildings in cooperative or condominium ownership.
DWELLING, MID-RISE APARTMENTThree or more dwellings located within a single building more than four stories high with direct access to a common hallway served by elevators from the ground level.
DWELLING UNITA group of interrelated rooms or structures intended or designed for non-transient residential use of one family, separate from other dwelling units by lockable doors, having access to the outside without crossing another dwelling and having living and sleeping facilities, cooking facilities, fixed or portable, and complete sanitary facilities for the exclusive use of the occupants thereof.
EASEMENTA right to use the real property of another, created by deed or other legal means, for the benefit of private persons or the public, for one or more specific purposes, such as access, drainage, conservation, historic preservation, or provision of utility services.
EDUCATIONAL INSTITUTIONAny public or private educational institution normally subject to regulations prescribed by the State of New Jersey.
ENVIRONMENTAL IMPACT REPORTA description and analysis of all possible direct and indirect effects that development will have on residents and the site itself as well as adjacent and noncontiguous areas.
ERECTTo build, construct, attach, place, suspend or affix, and shall also include the painting of wall signs and the printing of signs or displays on the exterior surface of a building, structure, or natural surface.
EROSIONThe detachment and movement of soil or rock fragments by water, wind, ice, or gravity.
EXTERNALLY LIGHTEDAny sign whose sole source of artificial illumination is outside the display portion of the sign.
FACADE SIGNAny sign attached to or painted on a building.
FAMILYOne or more persons customarily living as a single housekeeping unit.
FAMILY DAY-CARE HOMEAny private residence approved by the New Jersey Division of Children and Families or an organization with which the Division contracts for family day-care in which child-care services are regularly provided to no fewer than three and no more than five children for no less than 15 hours per week. A child being cared for under these circumstances is not included in the total number of children receiving child-care services if the child being cared for is legally related to and resides with the provider.
FENCEA structure usually made of posts, boards or rails and serving as an enclosure, barrier, or boundary to access to or from a part or whole of a property, including walls, screens or hedges intended to be a natural or man-made fence.
FILLING STATIONAny establishment servicing motor vehicles with fuel, supplies and accessories, but not major repairs, including establishments designated as motor vehicle service stations or gasoline stations.
FINAL APPROVALThe official action of the Board taken on a preliminarily 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 guarantee properly posted for this completion or approval conditioned upon the posting of such guarantee.
FINAL PLATThe final map of all or a portion of a subdivision which is presented for final approval.
FINANCIAL INSTITUTIONAny structure wherein business of primarily a financial nature is transacted, such as banks, savings and loans, mortgage companies and similar institutions.
FLOODPLAINThe relatively flat area or lowlands adjoining the channel or a river, stream, watercourse, canal, or any body of standing water which has been or may be covered by floodwater.
FLOOR AREAThe sum of the gross horizontal areas of the several floors of a building or group of buildings on a lot, measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings. Floor area shall not include:
A. Roof overhangs less than three feet or any floors or portions thereof contained on terraces or balconies projecting beyond the exterior face of the building.
Areas occupied permanently by mechanical equipment.
Any space where the floor-to-ceiling height shall be less than seven feet, provided that such space shall be used only for storage, building maintenance and operation activities.
Roofed or enclosed areas devoted exclusively to off-street parking and loading space in excess of the number required by this chapter.
FLOOR AREA RATIO (FAR)The aggregate floor area, in square feet, of a building or group of buildings on a lot divided by the area, in square feet, of the lot.
FREESTANDING SIGNAny sign attached to a structure, the sole purpose of such structure being to support the sign.
FUNCTIONAL SIGNDirectional, information or public service signs, such as signs which provide information to motorists and pedestrians, indicating locations of rest rooms, telephones or similar facilities of public convenience, and signs located on mechanical dispensing equipment that identifies the product,
GARAGE, PRIVATEA building or enclosed space used as an accessory to the main building which provides the storage of motor vehicles and in which no occupation, business or service for profit is carried on.
GARAGE, PUBLIC OR COMMERCIALA building or enclosed space, other than a private garage, for the storage of motor vehicles exclusively, or for the storage of motor vehicles at which filling station services, sales of accessories or repairs, other than body and collision repairs and painting and refinishing, are permitted. This term does not include motor vehicle showrooms for new or used motor vehicles.
GARAGE, REPAIRAny building, premises, and land in which or upon which a business, service or industry involving the maintenance, servicing, repair, or painting of vehicles is conducted or rendered.
GRADEThe slope of a road, path, driveway, swale or other surface or the average finished ground elevation adjoining a building at project completion.
GRADE LEVELThe lowest point of elevation of the finished surface of the ground where the sign support structure meets the ground.
GROUND COVERLow-growing plants or sod that in time form a dense mat covering the area in which they are planted, preventing soil from being blown or washed away, and the growth of unwanted plants.
HISTORIC BUILDINGAny building or structure which is historically or architecturally significant.
HISTORIC LANDMARKSAny buildings, structures, sites, objects, or districts which possess integrity of location, design, setting, materials, workmanship, and association and which have been determined to be of particular historic significance to the Borough of Laurel Springs by reflecting or exemplifying the broad cultural, political, economic, or social history; associated with important historic personages or events; or embodying distinctive architectural or engineering characteristics,
HOME OCCUPATIONAn occupation, conducted in a dwelling unit, which is subordinate to the residential use and shall not occupy more than 25% of the net habitable floor area of the principal dwelling, not including the cellar or basement.
HOMEOWNERS' ASSOCIATIONA community association, including a condominium association, which is organized in a development in which individual owners have a shared interest in open space and facilities.
HOTELA building or group of buildings consisting of individual sleeping units designed for transient travelers and not for permanent residency.
HOUSEKEEPING UNITOne or more persons living together in one dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a nonprofit basis.
IMPROVEMENTAny structure or any part thereof installed upon real property by human endeavor and intended to be kept at the location of such construction or installation for a period of not less than 120 continuous days.
INTERESTED PARTYIn a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey, or in the case of a civil proceeding in any court or in any administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under the provisions of this chapter or whose rights to use, acquire or enjoy property under the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) or this chapter or under any other law of this state or of the United States have been denied, violated, infringed upon or by an action or a failure to act under the provisions of this chapter.
INTERNALLY LIGHTEDAny sign whose sole source of artificial illumination is contained within the display portion of the sign.
LANDIncludes improvements and fixtures on, above or below the surface.
LANDSCAPE SCREEN/STRIPA completely planted visual barrier (or having equivalent natural growth) composed of evergreen plants and trees and/or shrubs arranged to form both a low-level and high-level screen.
LANDSCAPE TRANSITION BUFFERAn area of land restricted to landscape elements which may include lawns, plantings, natural features, earth berms, sculpture, lighting, bikeways, and pedestrian pathways, but not including motor vehicle parking, extending along the entire lot line(s) where they are required. The width of a landscape buffer shall be measured at right angles to the lot line.
LANDSCAPINGAn area of land restricted to landscape items, which may also include such elements as natural features, earth berms, sculpture, signs, lighting, accessways, bikeways and pedestrian pathways, but not including motor vehicle parking, extending along the entire lot line where they are required. The width of a landscape area shall be measured at right angles to the lot line.
LEAST-COST HOUSINGPurchase or rental housing which is constructed and kept available for families or individuals, including senior citizens, whose income range above moderate income levels and up to 150% of the median income as defined, from time to time, for the Borough by the U.S. Department of Housing and Urban Development.
LOADING SPACEAn off-street parking 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.
LOTA 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.
LOT AREAThe area of a lot taken at its perimeter, exclusive of any portion within a public or private street right-of-way.
LOT DEPTHThe length of a line lying midway between and parallel to side lines or midway between and making equal angles with two converging side lines, between the point of its intersection with the street line and the point of its intersection with a rear lot line.
LOT FRONTAGEThe straight-line distance measured between points where side lines meet street lines; e.g., the chord of a circle in a cul-de-sac.
LOT LINEAny boundary of a lot other than a street line.
LOT WIDTHThe distance between the side lines measured parallel to the front lot line at the minimum front yard setback line.
LOT, CORNERA lot at the junction of and abutting on two or more intersecting streets where the interior angle of intersection does not exceed 135°. Each corner lot shall have two front yards, one side yard and one rear yard, the side and rear yards to be designated at the time of application for a construction permit.
LOT, FLAGA lot having its full size and area behind another lot and having access to a street by a right-of-way not less than 50 feet wide. Such lots, known as "rear" or "L-shaped," shall also be defined as such herein.
LOT, FRONT OFIn the case of a lot abutting one street only, the edge of the lot which abuts the street. When a lot abuts two or more streets, the front of the lot is that abutting side which is so designated on the lot plan by the Zoning Enforcement Officer; and abutting edges adjacent to the designated front shall be considered as sides of the lot. Any other edge abutting a street, which is not a front or side as above defined, shall also be considered a front.
LOT, THROUGHA lot, other than a corner lot, which extends from one street to another, having frontage on both streets.
LOW-INCOME HOUSINGHousing which, with the appropriate purchase or rental subsidy, is constructed and kept available for families or individuals, including senior citizens, whose incomes do not exceed low-income levels as defined, from time to time, for the Borough by the U.S. Department of Housing and Urban Development.
MAINTENANCE GUARANTYAny security, other than cash, which may be adopted by the Borough for the maintenance of any improvement required by this chapter.
MARQUEEAny hood, canopy, awning, or permanent construction which projects from the wall of a building, usually above an entrance.
MASTER PLANA composite of one or more written or graphic proposals for the development of the Borough as set forth in and adopted pursuant to N.J.S.A. 40:55D-28 et seq.
MINOR SITE PLANAny development plan which:
A. Is limited to the proposed construction of any permitted accessory use(s) other than fences and signs such as a home occupation or off-street parking area as such accessory uses are specifically permitted in this chapter; or
Consists of an expansion of or addition to or alteration of an existing conforming structure and/or use not exempted from site plan review; and
(1) Not accounting for more than 5% additional building coverage nor 5% additional lot coverage;
Not exceeding more than 2,000 cubic feet of enclosed and roofed area;
Not involving a planned unit development; and
Not entailing the installation of any road improvements or the expansion of public facilities.
MOBILE SIGNA sign which is not affixed to the building structure or permanently attached to a freestanding structure.
MODERATE-INCOME HOUSINGHousing which, with the appropriate purchase or rental subsidy, is constructed and kept available for families or individuals, including senior citizens, whose incomes do not exceed moderate-income levels as defined, from time to time, for the Borough by the U.S. Department of Housing and Urban Development.
MOTELA building or group of buildings containing rented rooms for transients and having access either directly to the outside or through a common lobby or corridor.
MOUNTABLE CURBA low curb with a flat slope designed to be crossed easily without discomfort.
MOVING LANEAny traffic lane where traffic movement is the primary, if not sole, function.
MULCHA layer of wood chips, dry leaves, straw, hay, plastic, or other materials placed on the surface of the soil around plants to retain moisture; to prevent weeds from growing; to hold the soil in place; and to aid plant growth.
MULTIPLE-OCCUPANCY AND TENANCY SIGNSSigns relating to a use or facility containing multiple occupancy and tenancy and displaying the names, professions, and interests of the various tenants.
NONCONFORMING BUILDING OR STRUCTUREA building or structure, the size, dimension, or location of which was lawful prior to the adoption, revision, or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision, or amendment.
NONCONFORMING LOTA lot, the area, dimension, or location of which was lawful prior to the adoption, revision, or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision, or amendment.
NONCONFORMING SIGNAny sign lawfully existing on the effective date of an ordinance, or any amendment thereto, which is rendered nonconforming by reason of the adoption, revision, or amendment thereof.
NONCONFORMING USEA use or activity which was lawful prior to the adoption, revision, or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision, or amendment.
NUISANCEAny offensive, annoying, unpleasant or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion or disturbance of another's rights, including the actual or potential emanation of any physical characteristics or activity of use across a property line which can be perceived by a human being, or the generation of an excessive or concentrated movement of people or things, such as but not limited to noise; dust; smoke; fumes; odor; glare; flashes; vibrations; shock waves; heat; debris; litter; trash sites; electronic or atomic radiation; effluent; noise of a congregation of people, especially at night; vehicular traffic; transportation of things by truck, rail or other means; invasion of nonabutting or nearby property by projecting signs, marquees or canopies; or any adverse effect on value or desirability of nearby property caused by any such matters as appearance, exposed storage or inoperable automobiles, junk, materials and neglect or dilapidation of lands or buildings.
NURSING HOMEA facility operated for the purpose of providing therein lodging, board and nursing care to sick, invalid, infirm, disabled, or convalescent persons for compensation and duly licensed by all governmental agencies.
OBJECTA thing of functional, aesthetic, cultural, historical, or scientific value that may be, by nature or design, moveable yet related to a specific setting or environment.
OFF-SITELocated outside the lot lines of the lot or portion of a lot but within the property, of which the lot is a part, which is the subject of a development application or contiguous portion of a street or right-of-way or drainage or utility easement.
OFF-SITE SIGNAny sign located on a lot other than the lot occupied by the use, event or product which said sign identifies.
OFF-STREET PARKING SPACEA temporary storage area for a motor vehicle that is directly accessible to an access aisle and that is not located on a dedicated street right-of-way.
OFF-TRACTNot located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way or drainage or utility easement.
OFFICE BUILDINGA structure where over half the floor is utilized for the carrying out of consultation, recordkeeping, or clerical work or as a place where a professional conduct his business.
OFFICESA space accommodating any or all of the following executive, general corporate and clerical activities, research, and consumer product development connected with service industries, such as financial, insurance and banking; development of computer software; demographic, economic and statistical research; and activities of a similar character.
OFFICIAL SIGNAny sign, symbol or device erected and maintained by a federal, state, county, or local government agency for the purpose of informing or guiding the public or for the protection of health, safety, convenience, and general welfare as determined by the approving authority.
ON-SITELocated on a lot or portion of a lot which is the subject of a development application.
ON-STREET PARKING SPACEA temporary storage area for a motor vehicle which is located on a dedicated street right-of-way.
ON-TRACTLocated on the property which is the subject of a development application or a contiguous portion of a street or right-of-way.
OPEN SPACEAny 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 occupiers of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
OPEN SPACE ORGANIZATIONAn incorporated, nonprofit organization operating in a planned development under recorded land agreement, provided that:
A. Each owner is automatically a member;
Each occupied dwelling unit is automatically subject to a charge for proportionate share of expenses for the organization's activities and maintenance, including any maintenance costs levied against the corporation by the Borough; and
Each owner and tenant have the right to use the property.
OUTBUILDINGA subordinate structure on the same lot as the principal structure, separate from but accessory to said principal structure, such as detached garage, carport, greenhouse, work shed and toolshed.
OWNERIncludes the duly authorized agent, attorney, purchaser, devisee, fiduciary, or a person having vested interest in the property in question.
PARKING SPACEAn area, either within a structure or in the open, for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes and public rights-of-way, except that nothing shall prohibit private driveways for dwelling units from being considered off-street parking areas, provided that no portion of such driveway within the right-of-way line of the street intersected by such driveway shall be considered an off-street parking space. The width and length of each space shall be measured perpendicular to each other, regardless of the angle of the parking space to the access aisle or driveway.
PERFORMANCE GUARANTYAny security, in accordance with the requirements of this chapter, which may be accepted, subject to review and approval by the Borough Attorney, in lieu of a requirement that certain improvements be completed prior to final approval of a development application, including performance bonds, letters of intent, escrow agreements and other similar collateral or surety agreements.
PERMITTED USEAny use of land or buildings as permitted by this chapter.
PERSONAny association, partnership, corporation, cooperative group, trust, or other entity as well as an individual.
PLAZAA continuous open area accessible to the public at all times and designed to receive maximum sunlight, containing but not limited to trees and other landscaping, seating, decorative pavement, artwork, and kiosks.
PREAPPLICATION CONFERENCEAn initial meeting between applicants and/or developers and municipal representatives which afford applicants and developers the opportunity to present their proposals informally.
PRELIMINARY APPROVALThe conferral of certain rights prior to final approval after specific elements of a development plan have been agreed upon by the Board and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONSArchitectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form its scope, scale and relationship to its site and immediate environs.
PRELIMINARY SUBDIVISION PLATA map indicating the proposed layout of a development and related information that is submitted for preliminary approval.
PRINCIPAL BUILDINGA building in which is conducted the main or principal use of the lot on which the building is located.
PRINCIPAL FACADEThe portion of the building which faces the street which generates the most vehicular and pedestrian traffic, as determined by the approving authority.
PRIVATE STREETA street that is not publicly maintained or not intended to be publicly maintained.
PROFESSIONALA member of a recognized profession, such as doctors, ministers, architects, professional engineers, lawyers, and such similar professional occupations, as so designated in Title 45 of the New Jersey Statutes Annotated. For the purposes of this chapter, an artist, author, barber, beautician, musician, plumber, electrician, or carpenter shall not be considered a professional.
PROFESSIONAL OFFICEThe office of a member of a recognized profession or occupation, including architects, dentists, doctors, lawyers, veterinarians, ministers, optometrists, engineers, realtors and such other similar professions or occupations which may be so designated by the Board upon a finding by such Board that such occupation is truly professional in character by virtue of the need for similar training and experience as a condition for the practice thereof and that the practice of such occupation shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone in which it is located to a greater extent than for the professional activities listed herein.
PROJECTED SIGNA display or exhibit cast or reflected upon a wall, screen or other surface or area, whether for continuous periods or not.
PUBLIC UTILITYClosely regulated private enterprise with an exclusive franchise for providing a public service.
PYLONA sign supported by or suspended from a freestanding column or columns.
QUORUMThe majority of the full authorized membership of a municipal agency.
RECREATIONAL VEHICLEA vehicular-type portable structure, without permanent foundation, which can be towed, hauled, or driven and primarily designed as temporary living accommodation for recreational, camping and travel use, and including but not limited to travel trailer, trucks, campers, camping trailers and self-propelled motor homes.
REPAIRAny work done on any improvement which:
A. Is not an addition to the improvement; and
Does not change the appearance of the exterior surface.
REPLACEMENTRepairs when a building permit is required for the same.
RESIDENCE DISTRICTThat portion of the Borough designation as residential on the Official Zoning Map of the Borough of Laurel Springs
RESIDENTIAL CARE FACILITIES FOR THE ELDERLYA development of apartment and/or townhouse residential living units exclusively for single persons who are 60 years of age or older, or for households with at least one person being 60 years of age or older, with ancillary and directly related facilities to be primarily used by the residents of the development, including health-care services, dining facilities, recreational facilities and other ancillary facilities deemed appropriate by the reviewing authority and in accordance with the applicable provisions of this chapter.
RESTAURANTAny premises where food is commercially sold for on-premises consumption to patrons seated at tables or counters. Any facility making use of carhop or parking lot service to cars for the consumption of food to be eaten in said cars or outdoors shall not be considered a restaurant for the purpose of this chapter and shall be deemed to be a drive-in establishment.
RESTAURANT, DRIVE-IN OR TAKE-OUTAny retail food establishment, such as a restaurant, refreshment stand, snack bar, dairy bar or hot dog or hamburger stand, where food is served primarily for consumption at counters, stools or bars outside the building or primarily for consumption in automobiles parked on the premises or off the premises, whether brought to said automobile by the customer or by employees of the restaurant, regardless of whether or not additional seats or other accommodations are provided for the customers inside the building; however, no transaction may be made on the street or sidewalk.
RESTAURANT, FAST FOODAn establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off the premises.
RESUBDIVISIONThe further division or relocation of lot lines or any lot or lots within a subdivision previously made and approved or recorded according to law or the alteration of streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law but not including conveyances so as to combine existing lots by deed or other instrument.
RIGHT-OF-WAYThe boundary lines of land used or intended for use as streets, as shown on deeds, plats or the Master Plan, and from which yard and other requirements shall begin.
ROOF SIGNAny sign erected, constructed, or maintained upon or over the roof of a building with its principal support on the roof structure.
ROOMING HOUSEA dwelling wherein furnished rooms without meals are rented for valuable consideration. Rooming houses are prohibited in all zoning districts.
SCHOOLAny public or private institution offering instruction for students up to and through the secondary level.
SENIOR CITIZEN HOUSINGHousing within which residency shall be restricted to permanent residents of the age of 62 years or over except for the spouse and one child 18 years or more of age of a qualifying resident.
SETBACKAn area extending the full width of the lot between the street right-of-way and the required yard within which no buildings or parts of buildings may be erected.
SETBACK LINEA line drawn parallel with a street line or proposed street line or lot line and drawn through the point of a building nearest to the street line or lot line. The term "required setback" means a line that is established a minimum horizontal distance from the street line or proposed street line or lot line and beyond which a building or part of a building is not permitted to extend toward the street line or lot line.
SHADE TREEA tree in a public space, street, special easement, or right-of-way adjoining a street.
SHOPPING CENTERA tract of land with buildings or structures planned as a whole and intended for three or more retail establishments, with accessory parking and loading on the same site.
SIDEWALK (AREA)A paved path provided for pedestrian use and usually located at the side of a road within the right-of-way.
SIGHT TRIANGLEA triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.
SIGNAny symbol, device, image, poster, flag, banner, billboard, awning or design used for advertising purposes attached to, erected on or otherwise maintained on or in any premises containing any word, letters or parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names or trademarks by which anything is made known, such as are used to designate an individual, a firm, an association, a corporation, a profession, a business or commodity or product, which is visible from any public street or highway and is used to attract attention.
SITEThe place where a significant event or pattern of events occurred. It may be the location of prehistoric or historic occupations or activities that may be marked by physical remains or it may be the symbolic focus of a significant event or pattern of events that may not have been actively occupied. A site may also be the location of a ruined building, structure, or object if the location itself possesses historic, cultural, or archaeological significance.
SITE PLANA development plan of one or more lots on which is shown:
A. The existing and proposed conditions of the lot, including but not 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.
Any other information that may be reasonably required in order to make an informed determination concerning the adequacy of the plan in accordance with the requirements of this chapter.
SKETCH PLANA rough layout of a proposed land development of sufficient detail, clarity, and accuracy to be used for discussion prior to submission of a preliminary plan.
SOIL CEMENTA mixture of Portland cement and locally available soil. It serves as a soil stabilizer.
STABILIZED TURF OR EARTHTurf or earth (soil) strengthened usually by the mixing of cement or lime with the original material to achieve increased strength, thereby reducing shrinkage and movement.
STORMWATER DETENTIONA provision for storage or stormwater runoff and the controlled release of such runoff during and after a flood or storm.
STORYThat portion of a building located between the surface of any floor and the next floor above it or, if there is no floor above it, then the space between the floor and the ceiling above it.
STREETAny street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway; which is shown upon a plat heretofore approved pursuant to law; which is approved by official action as provided in 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 which is included 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,
STREET FURNITUREMan-made, aboveground items that are usually found in street rights-of-way, including benches, plants, canopies, and shelters.
STREET HARDWAREThe mechanical and utility systems within a street right-of-way, such as hydrants, manhole covers, traffic lights and signs, utility poles and lines, parking meters and the like.
STREET HIERARCHYThe conceptual arrangement of streets based upon function. A hierarchical approach to street design classifies streets according to function, from high-traffic arterial roads down to streets whose function is residential access. Systematizing street design into a road hierarchy promotes safety, efficient land use and residential quality.
STREET LINEThe edge of the existing or future street, right-of-way, whichever may result in the widest right-of-way, as shown on the adopted Master Plan or Official Map, forming the dividing line between the street and a lot.
STRUCTURAL TRIMThe molding, battens, cappings, nailing strips, latticing, platforms and letters, figures, characters, or representations in cut-out or irregular form which are attached to the sign structure.
STRUCTUREA combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of land.
STUB STREETA portion of a street for which an extension has been proposed and approved. It may be permitted when development is phased over a period of time, but only if the street in its entirety has been approved in the preliminary plan.
SUBDIVISIONA. The division of a lot, tract, or parcel of land into two or more lots, tracts, parcels, or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created:
(1) A division of land found by the Board to be for agricultural purposes when all resulting parcels are five acres or more in size.
Divisions of property by testamentary or intestate provisions, provided that the division is in conformity with the applicable ordinance requirements.
Divisions 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 Zoning Enforcement Officer to conform to all requirements of the Borough of Laurel Springs municipal development regulations, and which are shown and designated as separate lots, tracts or parcels on the Tax Map or atlas of the Borough.
The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION, MINORAny division of land containing an aggregate of two lots (one new lot and the remaining parcel) each fronting on an existing street or streets; not involving any new street or the installation of any street improvements or the extension of Borough facilities; not involving any streets requiring additional right-of-way width as specified in the Master Plan or Official Maps and/or the street requirements of this chapter, unless such additional right-of-way width, either along one or both sides of said street(s), as applicable, shall be deeded to the Borough or to the appropriate governmental authority prior to classification as a "minor subdivision"; not involving any required off-tract improvements; not adversely affecting the development of the remainder of the parcel of adjoining property; not being a further division of an original tract of land for which previous subdivision(s) have been approved by the Borough within the current calendar year and where the combination of the proposed and previously approved minor subdivision(s) constitute a major subdivision; not involving a planned development; and not being deficient in those details and specifications required of minor subdivisions as specified in this chapter. The original tract of land shall be considered any tract in existence at the time of the adoption of this Zoning Ordinance as shown on the Borough Tax Maps. Any readjustment of lot lines resulting in new lots shall be classified as a "minor subdivision" for purposes of the application submission and review requirements, but not for purposes of counting whether there has been a subdivision within the current calendar year.
SWIMMING POOLAs defined and regulated by the Borough of Laurel Springs, Chapter
237, and any amendment thereto hereafter adopted. "Swimming pool" presently means and includes any private swimming pool, tank, or other device which is artificially constructed to provide outdoor recreational facilities for swimming, bathing or wading, whether of permanent construction or portable in nature, upon any premises for the use of the occupants of said premises and their guests, which has a depth of at any point in excess of 15 inches or a capacity of 300 gallons or more, and whether said pool is below ground, above ground level or partly above and partly below ground level.
An indoor facility designed and intended for live dramatic, cultural, or other similar events.
TOPSOILThe original upper level of soil material to a depth of six inches, which is usually darker and richer than the subsoil.
USEThe purpose for which land or structure(s) is arranged, designed, or intended or for which either land or structure(s) is or may be used, occupied, or maintained.
USE, PRINCIPALThe main or primary purpose or purposes for which land and/or structure(s) or use therefor is designed, arranged, or intended or for which they may be occupied or maintained under this chapter. All other structures or uses on the same lot and incidental or supplementary thereto and permitted under this chapter shall be considered accessory uses.
VARIANCEPermission granted to an applicant for the development by the Board to depart from the literal requirements of the zoning provisions of this chapter.
VEHICULAR SIGNAny sign permanently or temporarily attached to a nonoperating vehicle, including but not limited to a car, truck, van, or bus.
YARDA ground area, unoccupied space open to the sky, except for permitted fences, garden walls, plantings or accessways, and that portion of any lot extending inward from the lot or street line for the distance required by the district within which the lot is located.
YARD LINEA line drawn parallel to a street or lot line at a distance therefrom equal to the respective yard dimension required by this chapter.
YARD, FRONTA ground area, unoccupied except for planting and/or accessways, fully open to the sky, between the street line and a line drawn parallel thereto along the front of the building, extending from lot line to lot line.
YARD, REARA ground area, unoccupied except for plantings and/or accessways, fully open to the sky, between the rear lot line and a line drawn parallel thereto along the rear of the building extending from lot line to lot line.
YARD, REQUIREDAny yard measured between a line drawn parallel to a street or lot line at a distance therefrom equal to the respective yard dimension required by this chapter.
YARD, SIDEA ground area, unoccupied except for permitted fences, garden walls, planting and or accessways, fully open to the sky, between any lot line other than a street or rear lot line and a line drawn parallel thereto along the side of the building, between the front and rear yards.
ZONING DISTRICTA finite area of land, as designated by its boundaries on the Zoning Map, through which specific and uniform regulations govern the use of land and/or the location, size and use of buildings.
ZONING ENFORCEMENT OFFICERThe municipal officer appointed by the Borough Council to carry out the literal provisions of the Zoning Ordinance.
ZONING MAPThe map annexed to and made part of this chapter, indicating zoning districts.
ZONING PERMITA document signed by the administrative officer which either:
A. Is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building; or
Acknowledges that such use, structure, or building complies with the provisions of the Borough Zoning Ordinance or variance therefrom duly authorized by a municipal agency pursuant to N.J.S.A. 40:55D-60 and 40:55D-70.