For the purpose of this chapter, certain terms are
defined as follows:
ACCESSORY STRUCTURE
A building the use of which is incidental to that of the
main building and which is located on the same lot.
ACCESSORY USE
A use incidental to the principal use of a building as defined
or limited by the provisions of this chapter.
ADMINISTRATIVE OFFICER
The Construction Official of the Township of Saddle Brook,
and/or the Zoning Enforcement Official as the duties may be assigned
or a duly authorized representative.
ADVERTISEMENT
The outdoor display of any writing, printing, picture, painting,
emblem, drawing, sign or similar device intended to invite or draw
the attention of the public to any goods, merchandise, property, business,
services, entertainment, amusement or industrial activity or establishment.
ADVERTISING STRUCTURE
Any rigid or semirigid material, with or without advertisement
displayed thereon, situated upon or attached to or which is part of
real property for the purpose of furnishing a background, base surface
or support upon which an advertisement may be posted or displayed
outdoors.
AIR-SUPPORTED STRUCTURE
A structural and mechanical system which is constructed of
high-strength fabric or film and achieves its shape, stability and
support by pretensioning with internal air pressure; air structures
may be used for temporary applications.
ALTERATION OF A BUILDING OR STRUCTURE
A change or rearrangement in the structural parts or in the
means of egress; or an enlargement, whether by extending on a side
or by increasing in height; or the moving from one location or position
to another.
APPLICANT or DEVELOPER
(1)
A developer submitting an application for development.
(2)
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 for purchase or other
persons having an enforceable proprietary interest in such land.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
by ordinance for approval of a subdivision plot site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to law.
APPROVING AUTHORITY
The Planning Board of the Township of Saddle Brook or the
Board of Adjustment as provided for in this chapter.
AREA OF BUILDING
The area included within surrounding exterior walls (or exterior
walls and fire walls) exclusive of vent shafts and courts. Areas of
the building not provided with surrounding walls shall be included
in the building area if included within the horizontal projection
of the roof or floor above.
BACKUP
An advertising structure erected upon the ground in the rear
of another structure, at a distance of not more than 25 feet, which
conforms to the general lines and measurements of the other structure.
BASEMENT
That portion of a building which is partly below and partly
above grade, and having at least 1/2 its height above grade.
BILLBOARD
Any structure or portion thereof on which lettered or pictorial
matter is displayed for advertising purposes other than that on a
building or its grounds giving the name and occupation of the user
of the premises, the nature of the business conducted therein or the
products primarily sold or manufactured therein. Advertising purposes
with respect to this definition shall not include religious, political
or public interest messages.
[Added 9-5-1996 by Ord. No. 1124; amended 12-5-1996 by Ord. No. 1134]
BLOCK
The length of one side of a street between two street intersections.
BOARDER
A person, not a member of a family as defined in this chapter,
who is sheltered and fed for consideration.
BOAT OR SNOWMOBILE TRAILER
A vehicle on which a boat or snowmobile may be transported
and which is towable by a passenger car, station wagon, light pickup
or panel truck or mobile home.
BUILDING
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
BUILDING, PRINCIPAL
A structure in which is conducted the principal use of the
site on which the building is situated. In any residential district
any dwelling shall be deemed to be a principal building on the lot
on which it is located.
BUILDING SITE
The area occupied by a building or structure, including the
yards and courts required for light and ventilation, and such areas
that are prescribed for access to the street.
BUSINESS
Any enterprise, occupation, trade or profession engaged in,
either continuously or temporarily, for profit. The term "business"
shall include the occupancy or use of a building or premises or any
portion thereof for the transaction of business or the rendering or
receiving of professional services.
CELLAR
That portion of a building which is partly or completely
below grade and having at least one-half ( 1/2) its height below
grade.
CEMETERY
Any land or place dedicated for use, used or intended to
be used, for the interment of the human dead in the ground, in a mausoleum
or crypt, and a crematory located in the cemetery and a columbarium
for cinerary interments or lands held for burial purposes.
CERTIFICATE OF OCCUPANCY
The certificate issued by the Construction Official which
permits the use of a building in accordance with the approved plans
and specifications and which certifies compliance with the provisions
of law for the use and occupancy of the building in its several parts
together with any special stipulations or conditions of the building
permit.
CERTIFICATE OF REOCCUPANCY
The certificate issued by the Construction Official when
there is a change of tenant or use of any building or parts thereof
except residential buildings or uses.
[Added 5-13-1999 by Ord. No. 1181]
CHANNEL
A watercourse with a definite bed and banks which confine
and conduct continuously or intermittently flowing water.
CIRCULATION
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.
CLINIC
A facility for the diagnosis and treatment of outpatients
and/or a group practice in which several physicians work cooperatively.
COLUMBARIUM
A structure or room or other space in a building or structure,
containing niches for permanent inurnment of cremated human remains.
COMMERCIAL ADVERTISING SIGN OR BILLBOARD
An advertising sign, structure or symbol erected and maintained
by an individual or corporation engaged in the sale or rental for
profit of space thereon to a clientele of manufacturing, service or
commercial enterprises, upon which space there is displayed by means
of painting, posting or other method advertising copy describing a
wide variety of products or services which are made, produced, assembled,
stored or sold from the lot or premises upon which the advertisement
is displayed.
COMMON OPEN SPACE
An open space area within or related to a site designated
as a planned development, and designed and intended for the use or
enjoyment of residents and owners of the development. "Common open
space" may contain such complimentary structures and improvements
as are necessary and appropriate for the use and enjoyment of residents
or owners of the development.
CONDITIONAL USE
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter and upon the issuance of an authorization
therefor by the Planning Board.
CONDOMINIUM PROPERTY
The land covered by the master deed, whether or not contiguous
and all improvements thereon, all owned either in fee simple or under
lease, and all easements, rights and appurtenances belonging thereto
or intended for the benefit thereof.
CONSTRUCTION OFFICIAL
The officer or other designated authority charged with the
administration and enforcement of this chapter or a duly authorized
representative.
COOPERATIVE
A housing corporation or association which entitles the holder
of a share or membership interest thereof to possess and occupy for
dwelling purposes a house, apartment or other structure owned or leased
by said corporation or association, or to lease or purchase a dwelling
constructed or to be constructed by said corporation or association.
COURT
An unoccupied open space other than a yard. An "outer court"
is one which extends to the street or to the front or rear yard. An
"inner court" is any other court. The height of a court is to be measured
from the lowest level it is required to serve up to the roof of the
building served. The width of an outer court is its horizontal dimension
parallel to its principal open end, The width of an inner court is
its lesser horizontal dimension.
CREMATORY
A body or structure containing one or more furnaces or retorts
intended for the reduction of bodies of deceased persons to incinerated
remains.
CROSSWALK
A right-of-way, dedicated to public use, to facilitate pedestrian
access through a subdivision.
CURB GRADE
The established elevation of the curb in front of the building
measured at the center of such front. Where no curb grade has been
established, the Township shall establish such curb level or its equivalent.
DAYS
The number of calendar days.
DETACHED DWELLING
A building which has no structural contact or connection
with any other building and which has no covered or enclosed passageway
to any other building.
DEVELOPER
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.
DEVELOPMENT
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, or of
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, for which permission is required pursuant to this chapter.
DISTRICT
A section or sections of the incorporated area of the Township
for which the regulations and provisions governing the use of buildings
and land are uniform for each class of use permitted therein.
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading or other means and 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
or alleviation of flooding.
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of stormwater sewers
or drainage ditches or lands or interest therein, 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., as amended and
supplemented to date.
DRIVE-IN RESTAURANT
A building where food and/or beverages are sold in a form
ready for consumption by patrons in their automobile parked on the
building lot.
DUPLEX
Two connected one-family dwelling units, vertically divided,
side-by-side or front-to back, with an unpierced center wall separation,
having a separate access from the exterior to the interior of each
unit and sharing no interior facilities, including but not limited
to hallways, vestibules, stairs, walls and similar facilities, with
any other dwelling unit.
[Added 6-29-2006 by Ord. No. 1388]
DWELLING UNIT
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
EASEMENT
A use or burden imposed on real estate by deed or other legal
means to permit the use of land by the public, a corporation or particular
persons for specific uses.
ERECT
To build, construct, attach, place, suspend or affix, and
also includes the painting of wall signs and the painting of signs
or displays on the exterior surface of a building or structure.
ESSENTIAL SERVICE
The erection, construction, alteration or maintenance of
public utilities or municipal or other governmental agencies or underground,
surface or overhead gas, electrical, steam or water transmission systems,
including poles, wire, mains, drains, sewers, pipes, conduits, cables,
fire alarm boxes, police call boxes, traffic signals, light stations,
telephone lines, hydrants and other similar equipment and accessories
therewith reasonably necessary for the furnishing of adequate service
by such public utility or governmental agency for the public health,
safety or general welfare. "Essential service" shall include firehouses
or fire stations and first aid and emergency aid squads. Requirements
for underground utilities shall be subject to requirements of the
Public Utility Commission as well as other municipal ordinances where
appropriate.
FAMILY
Any number of persons related by blood, marriage, legal adoption
or foster children living together, including in-servants, as a single,
not-for-profit housekeeping unit and using certain rooms and cooking
facilities common; or a group of persons not necessarily related in
the manner aforesaid living together as a single, not-for-profit housekeeping
unit.; shall include civil unions.
[Amended 8-12-2010 by Ord. No. 1489]
FARM
An area of land which is actively devoted to agriculture
or horticultural use and which occupies no less than five acres, exclusive
of the land upon which the farmhouse is located and such additional
land as may actually be provided in accordance with N.J.S.A. 54:4-23.4,
4-23.5 and 4-23.11, except that no livestock, poultry, fowl or other
animals shall be maintained on the premises for commercial gain except
where incidental to the major agricultural activity.
FAST-FOOD RESTAURANT
An establishment or business, which is essentially designed
to dispense a limited variety of food and beverages, which are so
prepared, packaged in paper, or in other types of disposable wrappers
and containers in a form for quick or ready consumption. Such establishments
may or may not have tables, and the food and beverages may be sold
for consumption inside the building or on or off the premises.
FINAL APPROVAL
The official action of the approving authority 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 properly
posted for their completion, or approval conditioned upon the posting
of such guaranties.
FLOOR AREA, GROSS
The floor area within the perimeter of the outside walls
of the building under consideration, without deduction for hallways,
stairs, closets, thickness of walls, columns or other features.
FLOOR AREA, NET
The actual occupied area, not including accessory unoccupied
areas or thickness of walls.
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.
FOUNDATION WALL
A wall below the floor nearest grade serving as a support
for a wall, pier, column or other structural part of a building.
GAME ROOM
A room permitted as an accessory use in a hotel for guests,
containing a maximum of 12 mechanical games.
GARAGE, COMMERCIAL
Any building in which a business, service or industry involving
the sale, rental, storage, maintenance, washing or servicing and storage
in connection therewith of motor vehicles is conducted or rendered,
but not including gasoline service station as hereinafter defined.
GARAGE, PRIVATE
An accessory building or portion of a principal building
used for the storage of private passenger vehicles, and such commercial
vehicles as may be permitted, and not operated or conducted as a business.
GARAGE, PUBLIC
A building or structure for the storage or parking of more
than four passenger motor vehicles or motor-powered boats, or more
than one commercial motor vehicle; and in which provision may be made
for the dispensing of gasoline, oil or similar products for the servicing
of such vehicles.
GASOLINE SERVICE STATION
A building or premises in which or upon which is conducted
a business involving the retail sale and direct delivery to motor
vehicles of gasoline 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.
GRADE
A reference plan representing the average of finished ground
level adjoining a building at its exterior walls.
GROSS LEASABLE FLOOR AREA
The total floor area designed for tenant occupancy and exclusive
use. The area of tenant occupancy is measured from the center lines
of joint partitions to the outside of the tenant walls.
HABITABLE SPACE
Space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet compartments, closets, halls, storage or utility
space and similar areas are not considered "habitable space."
HAZARDOUS MATERIALS
Includes but is not limited to inorganic mineral acids of
sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous, selenium
and arsenic and their common salts; lead, nickel and mercury and their
inorganic salts or metallo-organic derivatives: and coal tar acids,
such as phenols and cersols and their salts.
HEIGHT, BUILDING
The vertical distance from the grade to the top of the highest
roof beams of a flat roof, or to the mean level of the highest gable
or slope of a hip roof. When a building faces on more than one street,
the height shall be measured from the average of the grades at the
center of each street front.
HEIGHT OF A WALL
The vertical distance from the foundation wall or other immediate
support of such wall to the top of the wall.
HISTORIC SITE
Any building, structure, area or property that is significant
in the history, architecture, archaeology or culture of the state,
its communities or the nation and that has been so designated.
HOTEL
(1)
A building or part thereof, in which:
(a)
Living and sleeping accommodations are used
primarily for transient occupancy and may be rented on a daily basis.
(b)
One or more common entrances serve all living
or sleeping units.
(c)
Twenty-four-hour desk service is provided in
addition to one or more of the following services:
[4]
Furnishing of laundry and linens.
(2)
Permitted accessory uses include restaurants,
cocktail lounges, public banquet halls, ballrooms, meeting rooms,
swimming pools and retail shops. Nothing herein contained shall be
construed to allow a building for designated occupancy known as a
motel.
IMPROVED LOT COVERAGE
That portion of one lot or more than one lot which is improved
or is proposed to be improved with principal and accessory buildings
and structures, including driveways, parking lots, pedestrian walkways,
signs and other man-made improvements on the ground surface which
are more impervious than the natural surface. Pavers shall count as
75% of total coverage for purposes of residential lot coverage.
[Amended 4-9-2009 by Ord. No. 1467]
INTERESTED PARTY
Any citizen of the State of New Jersey, in the case of a
criminal or quasi-criminal proceeding; and in the case of a civil
proceeding in any court or an 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 this chapter, or whose rights to use, acquire
or enjoy property under this chapter or under any law of New Jersey
or of the United States have been denied, violated or infringed by
an action or a failure to act under this chapter.
INTERMENT
The lawful disposition of human remains by burial, entombment
or inurnment.
INTERMENT SPACE
A lot or part thereof, grave, crypt, niche, sarcophagus or
other structure intended for the interment, inurnment or entombment
of human remains.
JUNK
Any waste material or discarded material, old lumber or materials
obtained from dismantled buildings, or old iron or other metal or
substance, glass, paper, machine parts, accessories, discarded machinery
or discarded machines, in whole or in part, unregistered motor vehicles
which are unfit for reconditioning for sale for highway transportation,
used parts of motor vehicles and any material commonly and generally
known as "junk," in the ordinary meaning of the word, acquired or
collected commercially.
JUNK SHOP
Any building within the Township of Saddle Brook on which
junk is placed, collected, stored or kept.
JUNKYARD
Any exterior areas within the Township of Saddle Brook on
which junk is placed, collected, stored or kept.
LIVERY SERVICE VEHICLE
Includes any automobile or motor car service with a carrying
capacity of not more than 10 passengers, not including the driver,
for carrying passengers for hire which is held out, announced or advertised
to operate or run or which is operated or run over any of the streets
or public highways of this state and which is hired by charter or
for a particular contract or by the day or hour or other fixed period
or to transport passengers to a specified place or places or which
charges a fare or price agreed upon in advance between the operator
and the passenger. Nothing in this definition contained shall be construed
to include taxicabs, hotel buses or buses employed solely in transporting
school children or teachers or autobuses.
[Added 9-10-1998 by Ord. No. 1169]
LOT
A designated parcel, tract or area of land, established by
a plat or otherwise as permitted by law, to be used, developed or
built upon as a unit.
LOT, CORNER
A lot at the junction of and fronting on two or more intersecting
streets or having two or more sides bounded by the same street.
LOT, DEPTH OF
A distance between its mean front street line and its mean
rear line. The greater frontage of a corner lot is its depth and the
lesser frontage is its width and such lesser frontage shall be the
front street line of a corner lot.
LOT, INDIVIDUAL TOWNHOUSE
The lot area upon which an individual townhouse dwelling
unit is constructed. Lots for individual townhouses may be platted
and in fee simple ownership, or may be in common ownership and not
shown on the final plat.
LOT, WIDTH OF
The mean width of a lot measured at right angles to its depth.
LOW-INCOME HOUSING
Housing which, with the appropriate purchase or rental subsidy,
is economically feasible for families whose income is categorized
as low within the standards existing from time to time and promulgated
by the United States Department of Housing and Urban Development,
the New Jersey Housing Finance Agency or other generally acceptable
state or federal agencies.
MAINTENANCE GUARANTY
Any security other than cash, that may be accepted by the
Township of Saddle Brook for the maintenance of any improvements required
by this chapter.
MANUFACTURE
The finishing of raw, unfinished or finished materials or
products, or any or either of them, into an article or articles or
substance of a different character or for use for a different purpose:
also laundries, cleaning and pressing establishments and industries
furnishing labor in the course of manufacturing or the refinishing
of manufactured articles.
MARQUEE
A permanent roofed structure projecting from and attached
to a building and supported by the building or on common supports
from grade or a combination of both.
MASTER PLAN
A composite of one or more written or graphic proposals for
the development of the municipality as set forth in and adopted pursuant
to N.J.S.A. 40:55D-28.
MAUSOLEUM
(1)
A permanent structure or building used for the
entombment of human remains in crypts, vaults or niches, A mausoleum
shall be distinguished from a single or multiple vault in that it
shall be constructed on the premises; shall be a single integrated
structure and shall not, as in the case of a vault, consist of one
or more containers constructed off of the cemetery premises and installed
singly or in a series at the cemetery premises.
(2)
A public mausoleum shall be distinguished from
a private mausoleum in that it is constructed by or for the cemetery
company on lands owned exclusively by it, and not by a lot owner,
for sale to the general public of crypts or niches therein for interment
purposes; a private mausoleum is one which is constructed by or for
a lot owner on interment space owned by him in the cemetery for the
interment of such persons as he may have the right to designate.
MEMORIAL
An effigy, a grave marker, a family monument, private mausoleum,
sarcophagus or other private structure used for memorializing the
dead.
MOTEL
Any place where living or sleeping units are provided for
rent, other than a hotel.
MUNICIPAL AGENCY
The Planning Board, Governing Body, Board of Adjustment,
or any agency created by or responsible to the municipality when acting
pursuant to this chapter.
NONCONFORMING LOT
A lot, the area, dimensions and location of which were 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.
NONCONFORMING STRUCTURE
A structure the size, dimension or location of 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.
NONCONFORMING USE
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.
NONPROFIT EDUCATIONAL INSTITUTION
Any educational institution of higher learning chartered
by the State of New Jersey, or a private educational institution normally
subject to regulations prescribed by the State of New Jersey, which
institution is operated on a nonprofit basis. This definition shall
be deemed to include all activities secondary or subordinate to the
main activity of any such institution, which activities are a part
of the normal operation of such institution as set forth in its charter.
OBSCENE MATERIAL
Any description, narrative account, display or depiction
of sexual activity or anatomical area contained in, or consisting
of, a picture or other representation, publication, sound recording,
live performance or film or video which by means of posing, composition,
format or animated sensual details depicts or describes in a patently
offensive way ultimate sexual acts, normal or perverted, actual or
simulated, masturbation, excretory functions or lewd exhibition of
the genitals; lacks serious literary, artistic, political or scientific
value, when taken as a whole; and is a part of a work which, to the
average person applying contemporary community standards, has a dominant
theme taken as a whole which appeals to the prurient interest.
[Added 8-28-2000 by Ord. No. 1213]
OFF-SITE
Located outside the lot lines in question 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.
OFF-STREET LOADING SPACE
An accommodation for the off-street parking of a commercial
vehicle for the purpose of delivery to or receipt from a building
of goods and materials and having a width of at least 10 feet, a length
of at least 25 feet and a clearance above grade of at least 14 feet.
OFF-STREET PARKING AREA
An open area, other than a street or other public way, used
for the parking of motor vehicles and available for use whether for
a fee or as a service or privilege for clients, customers, suppliers
or residents.
OFF-STREET PARKING SPACE
An accommodation for the off-street parking of one motor
vehicle having an area of not less than 180 square feet per vehicle,
exclusive of access drives or aisles, and being at least nine feet
in width measured perpendicular to the axis of the length, with adequate
provisions for ingress and egress.
OPEN SPACE
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 buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
OWNER
Any person, agent, firm or corporation having a legal or
equitable interest in the property,
PARKING AREA, PRIVATE
Any open area used for the temporary storage of automobiles
and other vehicles for the private use of the owners or occupants
of the lot on which the area is located.
PARKING AREA, PUBLIC
Any open area, other than a road or other public way, used
for the temporary storage of automobiles and other vehicles and available
to the public, whether for fee or without compensation or as an accommodation
for clients, customers or employees.
PARTY IMMEDIATELY CONCERNED
Any applicant for development, the owners of the subject
property and all owners of property and government agencies entitled
to notice.
PERMITTED USE
Any use which shall be allowed subject to the provisions
of this chapter.
PICKUP COACH or PICKUP CAMPER
A structure designed primarily to be mounted on a pickup
or truck chassis and with sufficient equipment to render it suitable
for use as a temporary dwelling for travel, camping, recreational
and vacation uses, and which shall be eligible to be licensed, registered
and insured for highway use.
PLANNED COMMERCIAL DEVELOPMENT
An area of a minimum contiguous size as specified by this
chapter to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
commercial or office uses, or both.
PREMISES
Land, buildings and appurtenances thereto held under common
ownership or used for a common purpose.
PROFESSIONAL OFFICE BUILDING
A building designed to contain one or more rooms or suites
of rooms in which professional or business offices are contained.
PROPERTY LINE
Any of the boundary lines of the property to be affected
by this chapter.
PROHIBITED USE
Any use which shall not be allowed under any circumstances.
PUBLIC AREAS
Public parks, playgrounds, trails, paths and other recreational
areas and public open spaces; scenic and historic sites; and sites
for schools and other public buildings and structures.
PUBLIC BUILDING
Under the provisions of Chapter
220 of the Laws of 1975 pertaining to physically handicapped persons, any building,
structure, facility or complex used by the general public, including
but not limited to theaters, concert halls, auditoriums, museums,
schools, libraries, recreation facilities, public transportation terminals
and stations, factories, office buildings, business establishments,
passenger vehicle service stations, shopping centers, hotels or motels
and public eating places, constructed by any state, county or municipal
government agency or instrumentality or any private individual, partnership,
association or corporation, with the following exceptions: one- to
four-family private residences, warehouse storage areas and all buildings
classified as hazardous occupancies. As used herein, "hazardous occupancy"
means the occupancy or use of a building or structure or any portion
thereof that involves highly combustible, highly flammable or explosive
material or which has inherent characteristics that constitute a special
fire hazard.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to the
municipality, a municipal agency, the Board of Education, a state
or county agency or any other public body for recreational or conservational
uses.
QUORUM
The majority of the full authorized membership of a municipal
agency.
RESTAURANT
Any building or structure equipped to serve food, drinks,
ice cream and similar confections to be consumed solely within the
interior by people seated within the said building or structure.
RESIDENTIAL CLUSTER
An area to be developed as a single entity according to a
plan containing residential housing units which have a common or public
open space area as an appurtenance.
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential
land area including streets, easements and open space portions of
a development.
RESUBDIVISION
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. Not included are conveyances merely
combining existing lots by deed or other instrument.
RETAIL ELECTRONIC SMOKING DEVICE ESTABLISHMENT
Any establishment that solely sells, distributes, gives,
offers or manufactures electronic smoking devices, components or parts,
electronic liquid, and/or liquid nicotine.
[Added 7-2-2020 by Ord.
No. 1684-20]
RETAIL SALES
The sale or rental of goods or merchandise to the general
pubic as the end user for personal or household consumption but not
including the sale, rental or display of material which depicts specified
anatomical areas or specified sexual activity as defined in this section.
[Added 8-28-2000 by Ord. No. 1213]
RIGHT-OF-WAY
The land and space required on the surface, subsurface and
overhead for the construction and installation of materials necessary
to provide passageway for vehicular traffic, pedestrians, utility
lines, poles, conduits, water mains, sewers, signs, hydrants, trees
and shrubbery and other like items for the public good, and the proper
amount of light and air as established by local authorities, and shall
be measured from lot line to lot line.
ROOFLINE
The edge of a flat or hip roof or the top of the parapet,
whichever forms the top line of the building silhouette and, where
a building has several roof levels, this roof or parapet shall be
the one belonging to that portion of the building on whose wall the
sign is located.
ROOMING HOUSE
A dwelling unit containing rooms for consideration and providing
lodging and/or boarding for individuals.
SEXUALLY ORIENTED BUSINESS
A commercial establishment which, as one of its principal
purposes, offers for sale, rental or display any of the following:
books, magazines, periodicals or other printed material or photographs,
films, motion pictures, video cassettes or disks, slides or other
visual representations which depict or describe a specified sexual
activity or specified anatomical area; or still- or motion-picture
machines, projectors or other image-producing devices which show images
to one person per machine at any one time, and where the images so
displayed are characterized by the depiction of a specified sexual
activity or specified anatomical area; or instruments, devices or
paraphernalia which are designed for use in connection with a specified
sexual activity.
[Added 8-28-2000 by Ord. No. 1213]
SIGN
Any announcement, declaration, demonstration, display, illustration
or insignia used to advertise or promote the interest of any person,
firm or corporation, painted, printed or constructed, when the same
is placed in view of the general public, and shall include without
limiting the generality of the foregoing, every sign, billboard, ground
sign, wall sign, roof sign, temporary sign, illuminated sign, time
and/or temperature devices, string of pennants, advertising flag or
window sign.
SIGN, AREA OR SURFACE
That area enclosed by one geometric shape, the sides of which
make contact with the extreme points or edges of the sign, excluding
the supporting structure which does not form part of the sign proper
or the display. The area of a sign composed of individual letters
or symbols attached against a building wall surface name or words
(not individual letters) within a rectangle or a geometric shape.
SIGN, COMBINATION
Any sign which combines the character of two or more types
of signs.
SIGN, DECORATIVE TRIM
The molding, battens, capping, nailing strips, latticing,
platforms and letters, figures, characters or representations in cut-out
or irregular forms which are attached to the sign structure.
SIGN, DIRECTIONAL
An advertising sign or device intended to direct or point
toward a place, or one that points out the way to either an unfamiliar
or a known place that obviously could not be easily located without
such a sign or device.
SIGN, DISPLAY SURFACE
The area made available by the sign structure for the purpose
of displaying the advertising message.
SIGN, ELECTRIC
Any sign containing internal electric wiring which has characters,
letters, figures, designs, faces, backgrounds or outlines illuminated
by incandescent or fluorescent lamps or luminous tubes as part of
the sign proper.
SIGN, GROUND
A sign which is supported by more than one column pole, upright
or brace in or upon the ground which is not a direct part of a building,
whether illuminated or not, but shall not include billboards.
SIGN, INSTITUTIONAL
A sign setting forth the name or any simple announcement
of any public, charitable, educational or religious institution, located
entirely within the premises of that institution.
SIGN, OFFICIAL
Any sign, symbol or device erected and maintained by a state,
county or municipal governmental agency for the purpose of informing
or guiding the public or for the protection and promotion of health,
safety, convenience or general welfare.
SIGN, POLE
A sign supported from the ground by only one member such
as a steel column, pole or post with a sign attached thereto, but
shall not include billboards.
SIGN, PREMISES OR POINT-OF-SALE
Any sign, symbol, trademark, structure or similar device
used to identify the product made or the activity pursued by any individual,
business, service, commercial or industrial enterprise, which is displayed
upon the lot or premises occupied by such an enterprise for the purpose
of apprising the public of the location of such enterprise and the
type of activity in which it is engaged.
SIGN, PROJECTING
A sign, other than a wall sign, suspended from or supported
by a building or structure or sign structure and extending beyond
the face of the building or structure.
SIGN, ROOF
A sign attached to roof framing, walls and/or columns of
the building on which the entire advertising display is above the
roof line.
SIGN, TEMPORARY
A sign put up for a limited period of time for the purpose
of:
(1)
Advertising the sale or rental of real estate.
(2)
Displaying information regarding a special offer
of products or services.
(3)
Advertising special events and/or pertaining
to civic, religious, political or philanthropic activities.
(4)
Pertaining to construction, engineering, or
architectural work of a building project or land improvement project.
SIGN, WALL
A sign, other than a projecting sign, attached, erected against
or projected upon the wall or painted on the wall of, a building or
structure, or made an integral part of the building or structure,
with the exposed face of the sign in a plane parallel to the plane
of said wall, building or structure.
SPECIAL PERMIT
A permit directed to be issued pursuant to N.J.S.A. 40:55D-76
for a building or structure in the bed of a mapped street or public
drainageway or flood control basin or public area.
SPECIFIED ANATOMICAL AREA
Less than completely and opaquely covered human genitals,
pubic region, buttock or female breast below a point immediately above
the top of the areola; or human male genitals in a discernibly turgid
state, even if covered.
[Added 8-28-2000 by Ord. No. 1213]
SPECIFIED SEXUAL ACTIVITY
The fondling or other erotic touching of covered or uncovered
human genitals, pubic region, buttock or female breast or an actual
or simulated act of human masturbation, sexual intercourse or deviate
sexual intercourse.
[Added 8-28-2000 by Ord. No. 1213]
STANDARDS OF PERFORMANCE
Standards adopted by this chapter regulating noise levels,
glare, earth borne or sonic vibrations, heat, electronic or atomic
radiation, noxious odors, toxic matters, explosive and flammable matters,
smoke and airborne particles, waste discharge, screening of unsightly
objects or conditions and such other similar matters as may be reasonably
required by the Township or standards required by applicable federal
or state laws or municipal ordinances.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor or roof next above it.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway
or which is shown upon a plat heretofore approved pursuant to law
or which is 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.
STRUCTURE
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above or below the surface
of a parcel of land.
SUBDIVIDER
Any individual, firm, association, syndicate, copartnership,
corporation trust or other legal entity commencing proceedings to
subdivide the land for himself or for another according to the provisions
of this chapter.
SUBDIVISION
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other division of land, whether immediate
or future, for sale or development. The following shall not be considered
subdivisions within the meaning of this chapter, if no new streets
are created or extension of utilities are required: division of land
found by the approving authority to be for agricultural purposes where
all resulting parcels are five acres or larger in size, divisions
of property by testamentary or intestate provisions, divisions of
property upon court order and conveyances so as to combine existing
lots by deed or other instrument. The term "subdivision" shall also
include the term "resubdivision."
TATTOO PARLOR
A commercial establishment which utilizes needles for the
purpose of making indelible markings upon the body by the insertion
of pigment under the skin or by production of scars.
[Added 8-28-2000 by Ord. No. 1213]
TOWNHOUSE
A townhouse is a building designed for or occupied by no
more than one family or household and attached to other similar buildings
or structures by party walls extending from the foundation to the
roof and providing two direct means of access from the outside. For
the purpose of this chapter, a townhouse may include a building in
fee simple, condominium or cooperative ownership or any combination
thereof.
TOWNHOUSE ROW
A townhouse row is a group of two or more attached townhouses.
TRACTOR
A vehicle with motive power designed to draw a trailer as
below defined.
[Added 10-24-1985 by Ord. No. 914]
TRADES AND INDUSTRIES
Includes manufacturing and business of all kinds; and occupations
conducted for profit, but does not include the professions.
TRAILER
A vehicle without motive power designed for carrying persons
or property on its own structure to be drawn by a vehicle with motive
power. The term "trailer" shall include coach, semitrailer or utility
trailer.
[Added 10-24-1985 by Ord. No. 914]
TRAVEL TRAILER
A vehicular, portable or self-propelled structure built on
a chassis, designed to be used as a temporary dwelling for travel,
camping, recreational and vacation uses, and when equipped for the
road shall have a body width not exceeding eight feet and which shall
be eligible to be licensed, registered and insured for highway use.
TRUCK TERMINAL
Any lot on which more than three trucks of over 1.5 tons
capacity and/or trailers are parked at any time out of doors, where
such trucks and/or trailers are used in the transfer and shipping
of goods and/or materials and where such trucks and/or trailers are
stored and serviced.
[Added 2-13-1986 by Ord. No. 923; amended 7-17-1989 by Ord. No. 990]
UNAUTHORIZED DWELLING UNIT
Any dwelling unit not authorized by the Township Zoning Ordinance
or Township Planning Board or Zoning Board.
[Added 8-12-2010 by Ord. No. 1489]
USE
The specific purpose for which a building or structure is
designed, used or intended to be used.
VAPE SHOP
Any commercial establishment whose principal business is
the retail sale, service or use of electronic smoking devices, liquid
nicotine or vapor products, demonstrated by large signage advertising
vaping.
[Added 7-2-2020 by Ord.
No. 1684-20]
VAPOR PRODUCT
Any noncombustible product containing nicotine that employs
a heating element, power source, electronic circuit, or other electronic
or chemical means to produce vapor from nicotine or other inhalation
agents.
[Added 7-2-2020 by Ord.
No. 1684-20]
VARIANCE
Permission to depart from the literal requirements of a zoning
ordinance pursuant to Section 47 and Subsections 29.2b, 57c and 57d
of Chapter 291 of the Laws of New Jersey, 1975.
YARDS
(1)
FRONT YARDThe area within and extending the full width of the lot between the accessible street line or its vertical projection and the part of the building nearest thereto and its extensions to the side lot lines.
(2)
SIDE YARDThe area within the lot between the side lot line or its vertical projection and the part of the building nearest thereto. The "side yard" extends from the front yard to the rear yard.
(3)
WIDTH OF A SIDE YARDThe minimum distance between the side lot line or its vertical projection, and the part of the building nearest thereto excluding permissible projections.
(4)
REAR YARDThe area within and extending the full width of the lot between the rear lot line or its vertical projection and the part of the building nearest thereto and its extensions to the side lot lines.
(5)
DEPTH OF A REAR YARDThe minimum distance from the rear lot line or its vertical projection to the part of the building that is nearest thereto, excluding permissible projections.
WALKWAY
A thoroughfare for pedestrian traffic only.
ZONING MAP
The Zoning Map for the Township, together with all amendments
subsequently adopted.
ZONING PERMIT
A document signed by the administrative officer, which is
required by ordinance as a conditional 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 or variance therefrom duly authorized by a municipal
agency pursuant to Sections 47 and 57 of Chapter 291 of the Laws of
New Jersey, 1975.