Township of Byram, NJ
Sussex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Amended 9-7-1993 by Ord. No. 5-1993]
For the purpose of this chapter, certain terms are herewith defined and shall be construed as follows. These definitions apply throughout this Code.
ACCESSORY BUILDING OR STRUCTURE
A building or structure, the use of which is customarily incidental and subordinate to that of the principal building located on the same lot, occupied by or devoted exclusively to an accessory use. When an accessory building or structure (i.e., decks, porches, garage and steps) is attached in a substantial manner, by breezeway, roof, wall or the like, to a principal building or structure, it shall be considered a part of the principal building or structure. Accessory structures shall be construed to include decks and swimming pools, but shall not be construed to include paving or at-grade patios.
[Amended 6-6-2016 by Ord. No. 20-2016]
ACCESSORY USE
A use naturally and normally incident and subordinate to the principal use of the premises or lot.
AGRICULTURE
Of or related to farming.
ALTER or ALTERATION OF A STRUCTURE
To change the supporting members of a structure, to add to or reduce the size of a structure, to alter the internal design or layout of the structure, to change the use, to convert a structural part thereof or to move a structure from one location to another.
ALTERNATIVE TOWER STRUCTURE
Man-made trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.
[Added 6-5-2000 by Ord. No. 9-2000]
ANTENNA
Any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. Satellite dishes shall not be included within this definition.
[Added 6-5-2000 by Ord. No. 9-2000]
APARTMENT
One or more rooms with cooking, sleeping and private sanitary facilities comprising an independent self-contained dwelling unit in a building containing three or more dwelling units.
[Added 6-20-2017 by Ord. No. 10-2017]
ARCHITECTURAL REVIEW COMMITTEE
An advisory panel to the Byram Township Planning Board, appointed annually by the Township Council. The Committee shall consist of five to eight members, to include two sitting members of the Planning Board, two members of the general public, and a Township employee.
[Added 6-20-2017 by Ord. No. 10-2017]
ASPHALT MANUFACTURING PLANT
A manufacturing facility for the creation of asphalt paving materials (asphaltic concrete) by combining liquid asphalt and various aggregates, including the storage and dispensing of the asphalt paving materials.
[Added 6-20-2017 by Ord. No. 10-2017]
ASSISTED LIVING FACILITY AND NURSING HOME
A facility for persons who are unable to live independently that provides: a) private living quarters, which may include kitchen facilities limited to a sink, refrigerator and/or microwave; b) supervision and general care, including but not limited to the provision of meals, housekeeping, health care; and c) assistance with moderate activities of daily living. For purposes of this definition, an assisted living facility and nursing home shall be deemed a medical care facility.
[Added 6-20-2017 by Ord. No. 10-2017]
AUTOMOBILE CAR WASH
A structure containing facilities for washing automobiles and automatic or semiautomatic application of cleaner, brushes, rinse water or heat for drying and where no junked or unregistered vehicles are kept or stored.
[Added 6-20-2017 by Ord. No. 10-2017]
AUTOMOBILE DEALERSHIP
An establishment offering the sale of automobiles, light trucks, vans, and accessories, parts, supplies and equipment to the general public and where no junked vehicles are kept or stored.
[Added 6-20-2017 by Ord. No. 10-2017]
AUTOMOBILE FUELING STATION
An establishment for the retail sale of gasoline, oil or other products necessary for the maintenance and operation of motor vehicles and where no junked or unregistered vehicles are kept or stored.
[Added 6-20-2017 by Ord. No. 10-2017]
AUTOMOBILE RENTAL
An establishment where the primary use is the rental of automobiles.
[Added 6-20-2017 by Ord. No. 10-2017]
AUTOMOBILE REPAIR SHOP
An establishment for services necessary for the maintenance and operation of motor vehicles and minor repairs thereof and where no junked or unregistered vehicles are kept or stored. For purposes of this definition, automobile repair shops include specialty repair and service businesses for vehicular repair or maintenance such as, but not limited to, body shops, shops for transmissions, brakes, tune-ups, tire sales, wheel alignments, and mufflers.
[Added 6-20-2017 by Ord. No. 10-2017]
AVERAGE GRADE ELEVATION
The average of the elevations of the lowest points around a structure taken at the four corners and the four midpoints of the smallest rectangle that encompasses the entire building footprint.
[Added 2-16-2016 by Ord. No. 6-2016]
AWNING
A roof-like structure of fabric or similar nonrigid material attached to a rigid frame that is supported completely or partially by either an exterior building wall or wall exterior to an individual tenant space.
[Added 4-21-2015 by Ord. No. 3-2015]
BANQUET HALL
An establishment in which all of or portions of are rented, leased or otherwise made available to any person or group for a private event or function, that is not open to the general public, whether or not a fee is charged.
[Added 6-20-2017 by Ord. No. 10-2017]
BAR and TAVERN
An establishment for the sale of alcoholic beverages to be consumed on the premises. Bars include taverns, nightclubs, and similar facilities serving alcoholic liquor.
[Added 6-20-2017 by Ord. No. 10-2017]
BASEMENT
A space having 1/2 or more of its floor-to-ceiling height along the building perimeter below the grade plane and with a floor-to-ceiling height or the bottom of the support beams for the floor above where there is no ceiling of not less than 6.5 feet. If the basement ceiling height or the bottom of the support beams for the floor above where there is no ceiling is five feet above the average finished grade along any facade, then the basement shall be considered a story as applied to height of building. See "story above grade."
[Amended 4-3-2000 by Ord. No. 6-2000; 5-7-2007 by Ord. No. 4-2007]
BASIC ACCESSORIES SERVING A PRINCIPAL BUILDING OR STRUCTURE
Accessory structures or features commonly required for safe, healthy and comfortable human habitation of a principal building. These include such things as drinking water wells and septic system components, garbage can enclosures, oil tanks, propane tanks, air-conditioning units, and standby generators (including fuel tanks) in the side or rear yard. Basic accessories serving a principal building or structure are permitted to encroach into required setbacks, provided that no encroachment is more than half the total distance of the required setback from the property line. Basic accessories serving a principal building or structure are not subject to the requirement of § 240-16A and are exempt.
[Added 6-6-2016 by Ord. No. 20-2016]
BED-AND-BREAKFAST
A residential use consisting of one dwelling unit with no more than eight rooms or suites that are rented to the public for overnight or by the week accommodation for a fee. Only breakfast or brunch may be prepared for the guests by the proprietor and no other meals are provided by the proprietor. The rented rooms do not contain cooking facilities and do not constitute separate dwelling units.
[Added 6-20-2017 by Ord. No. 10-2017]
BOARDER
A person who is not related to the head of the household and who pays for the privilege of boarding.
BOARDINGHOUSE or LODGING HOUSE
A dwelling having one kitchen and used for the purpose of providing lodging or both meals and lodging for pay or compensation of any kind, computed by the day, week or month, to more than two persons occupying such dwelling, other than members of the family.
BREWPUB
An establishment known as a restricted license brewery which brews small batches of beer for sale at adjoining restaurants.
[Added 6-20-2017 by Ord. No. 10-2017]
BUFFER
An area within a property or site, generally adjacent to or parallel with the property line, either consisting of natural or existing vegetation or created by 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.
BUILDING
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
[Added 7-17-1995 by Ord. No. 5-1995; amended 6-6-2016 by Ord. No. 20-2016]
BYRAM HIGHLANDS CENTER
The entirety of the Byram Township Planning Area [lands within the Highlands Region that are not located in that portion designated by the Highlands Act as the Preservation Area (see metes and bounds description at N.J.S.A. 13:20-7b)] consists of a "Highlands Center," as designated by the Highlands Council pursuant to Resolution 2010-6, adopted September 23, 2010. The Byram Township Highlands Consistency Report accompanying the designation establishes the parameters for development and redevelopment within the designated Byram Highlands Center, inclusive of ultimate disturbance areas.
[Added 6-20-2017 by Ord. No. 10-2017]
CAPITAL IMPROVEMENTS PROGRAM
A proposed schedule of future projects listed in order of construction priority, together with cost estimates and the anticipated means of financing each project.
CARTWAY
The actual road surface area from curbline to curbline, which may include travel lanes, parking lanes and deceleration and acceleration lanes. Where there are no curbs, the cartway is that portion between the edges of the paved or hard surface width.
CATERING FACILITY
An establishment providing meals and/or refreshments for off-site consumption for a fee, without on-site banquet facilities.
[Added 6-20-2017 by Ord. No. 10-2017]
CHANGE OF USE
Any changes in use or operation of a facility.
CLUSTER DEVELOPMENT
See "open space zoning."
CO-LOCATION
When two or more receiving and/or transmitting facilities are placed together in the same location or on the same tower or monopole.
[Added 6-5-2000 by Ord. No. 9-2000]
COMMERCIAL INCINERATOR
An establishment where waste materials are destroyed in a furnace by controlled burning at high temperatures.
[Added 6-20-2017 by Ord. No. 10-2017]
COMMON OPEN SPACE
An open space area within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development. "Common open space" may contain such complementary structures and improvements as are necessary and appropriate for the use and enjoyment of residents and owners of the development.
COMMON OWNERSHIP
Ownership of two or more parcels of real property by one person or by two or more persons owning such property jointly as tenants by the entirety, joint tenants or as tenants in common.
COMMUNITY PARK/POCKET PARK
A small parcel of land set aside, dedicated, designated or reserved for public use or enjoyment, which may include such complementary structures and improvements as are necessary and appropriate for entertainment or recreation, with such facilities being no more than 1/2 of the overall space.
[Added 6-20-2017 by Ord. No. 10-2017]
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
Any community residential facility licensed pursuant to P.L. 1977, c. 448 (N.J.S.A. 30:11B-1 et seq.), providing food, shelter, and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to, group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements and hostels. Such a residence shall not be considered a health care facility within the meaning of the Health Care Facilities Planning Act (P.L. 1971, c. 136, N.J.S.A. 26:2H-1 et seq.). In the case of such community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services.
[Added 6-20-2017 by Ord. No. 10-2017]
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
Any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, c. 337 (N.J.S.A. 30:14-1 to 30:14-14), providing food, shelter, medical care, legal assistance, personal guidance and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical and psychological welfare.
[Added 6-20-2017 by Ord. No. 10-2017]
CONCEPT PLAN
The 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.
CONCRETE MANUFACTURING PLANT
A manufacturing facility for the creation of concrete building and paving materials (concrete) by combining cement, water and various aggregates, including the storage and dispensing of the concrete building and paving materials.
[Added 6-20-2017 by Ord. No. 10-2017]
CORNER LOT
A lot at the junction of and having frontage on two or more intersecting streets or a lot bounded on two or more sides by the same street.
CREMATORIUM
A facility specifically designed for the burning of human and animal remains, consisting of carcasses, organs and solid organic wastes from hospitals, laboratories, abattoirs, animal pounds and similar sources, consisting of up to 85% moisture and approximately 5% incombustible solids and having a heating value of approximately 1,000 British thermal units (Btu) per pound as fired, such remains being classified as Type IV waste in the New Jersey Air Pollution Control Code, Chapter II, carrying an effective date of August 15, 1968. For the purpose of interpreting and administering this chapter, such facilities shall not be classified as incinerators.
CRITICAL AREAS
The following areas are hereby designated critical areas within the Township of Byram:
[Added 10-21-2002 by Ord. No. 12-2002; amended 11-15-2004 by Ord. No. 27-2004]
A. 
All surface water bodies;
B. 
All wetlands;
C. 
Slopes in excess of 25%;
D. 
Ridgelines and hillcrests (identified on Byram Township Ridgeline and Hillcrests Map[1]); and
E. 
Floodplains and flood-fringe areas.
DAY CARE
Provision of facilities for the temporary care of children, other than or in addition to any children resident at the site. This shall include professional day-care facilities, as licensed by the State of New Jersey.
DETENTION BASIN
A man-made or natural water collector facility designed to collect surface and subsurface water in order to impede its flow and release the same gradually.
DRAINAGE
See "stormwater management."
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of stormwater, sewerage or drainage ditches 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 in accordance with Chapter 16A of Title 58 of the Revised Statutes of the State of New Jersey.
DRIVE-UP SERVICE/FACILITY
An establishment that by design, physical facilities, service, or by packaging procedures, encourages or permits customers to receive goods or services while remaining in their motor vehicle.
[Added 6-20-2017 by Ord. No. 10-2017]
DRIVEWAY
A paved or unpaved area used for ingress and egress of vehicles, allowing access from a street to a building or other structure or facility.
DWELLING or APARTMENT
A building or portion thereof designed or used as the residence or sleeping place of one or more persons, including one-family, two-family and multiple dwellings, apartment-hotels and boarding- and lodging houses, but not including motels, tourist cabins, camp trailers or campsites.
DRY-CLEANING AND LAUNDRY ESTABLISHMENT
An establishment for the mechanical cleaning of garments, articles or goods of fabric for retail customers. A dry-cleaning and laundry establishment does not include a laundry or laundromat which provides self-service type washing and drying for use of retail customers.
[Added 6-20-2017 by Ord. No. 10-2017]
DRY-CLEANING AND LAUNDRY PICKUP STATION
An establishment where customers drop off and pick up garments or articles that are sent to another location for cleaning or laundering. A dry-cleaning and laundry pickup station does not include on-site dry-cleaning or laundry facilities.
[Added 6-20-2017 by Ord. No. 10-2017]
DWELLING UNIT
One or more rooms designed, occupied or intended for occupancy as a separate living quarter, with cooking, sleeping and private sanitary facilities provided within the dwelling unit for the exclusive use of one or more persons living together and maintaining a common household.
[Amended 6-20-2017 by Ord. No. 10-2017]
EASEMENT
A restriction established in deed or duly recorded instrument or on a duly recorded, filed map to permit the use of land by the public, particular persons, corporations or other legal entities for the specified uses. For the purpose of this chapter, a right-of-way, grant or reservation shall be defined as an "easement."
EDUCATIONAL INSTITUTION
An establishment where students or enrollees are assembled for the purpose of instruction and teaching or on-site training of one or more skills or areas of interest.
[Added 6-20-2017 by Ord. No. 10-2017]
ENVIRONMENTAL CONSTRAINTS
Features, natural resources or land characteristics that are sensitive to improvements and may require conservation measures or the application of creative development techniques to prevent degradation of the environment, or may require limited development or, in certain instances, may preclude development.
EXTERNAL ATTACHED GARAGE
A structure accessory to a residential dwelling used for the parking and storage of vehicles owned and operated by the residents thereof and not a separate enterprise available to the general public that is adjacent and attached to the principal structure that does not have any portion of the second floor above it and is not to be considered as living space.
[Added 6-20-2017 by Ord. No. 10-2017]
FAA
The Federal Aviation Administration
[Added 6-5-2000 by Ord. No. 9-2000]
FAMILY
Any individual living as a single housekeeping unit or a number of persons united by blood, marriage or legal adoption living together in a dwelling unit as a single, nonprofit housekeeping unit.
FARMING
Cultivation of an area of land or animal breeding under individual or collective management, including any area of water used for the cultivation of fish, oysters, etc.
FCC
The Federal Communications Commission.
[Added 6-5-2000 by Ord. No. 9-2000]
FINAL PLAT
The final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with these regulations and which, if approved, shall be filed with the Clerk of the County of Sussex for recording in accordance with the law.
FINANCIAL INSTITUTION
An establishment such as banks, savings and loans associations, mortgage companies, credit agencies, investment companies, brokers of and dealers in securities and commodities, security and commodity exchanges, and insurance agents.
[Added 6-20-2017 by Ord. No. 10-2017]
FRONTAGE
See "lot frontage."
FUNERAL HOME
An establishment for the storage and preparation of human remains prior to their burial or cremation and the display of the deceased and the conducting of ceremonies connected therewith before burial or cremation.
[Added 6-20-2017 by Ord. No. 10-2017]
GARAGE, PRIVATE
A detached accessory building or portion of a main building used only for the storage of a passenger vehicle or vehicles and not more than one commercial vehicle of a rated capacity not exceeding five tons.
GARAGE, PUBLIC
Any building, premises or land in which or upon which a business, service or industry involving the storage, maintenance, washing or servicing of motor vehicles is conducted or rendered.
GENERAL DEVELOPMENT PLAN
A plan outlining general rather than detailed development intentions. It describes the basic parameters of a major development proposal, rather than giving full engineering details. As such, it allows general intentions to be proposed and discussed without the extensive costs involved in submitting a detailed proposal.
GRADE
The slope of a street or other public way or driveway, specified in percentage terms.
GRADE PLANE
A reference plane representing the average of the finished ground level adjoining the building at all exterior walls.
[Added 4-3-2000 by Ord. No. 6-2000; amended 5-7-2007 by Ord. No. 4-2007]
GREENHOUSE AND NURSERY
An establishment for the retail sale of shrubs, trees, plants and related products to the consumer, including seeds, nursery products, potting soil, hardware, garden equipment and including outdoor storage and display of plants.
[Added 6-20-2017 by Ord. No. 10-2017]
HALF STORY
A space under a sloping roof (gable, hip and gambrel) that has the line of intersection of the roof and wall face not more than three feet above the floor level and in which space the possible floor area with headroom of five feet or less occupies at least 40% of the floor area of the story directly beneath.
[Added 4-3-2000 by Ord. No. 6-2000; amended 5-7-2007 by Ord. No. 4-2007]
HEALTH AND FITNESS CENTER
An indoor facility provided for individual or group exercise and recreational activities including aerobics, workout equipment, calisthenics, weight training, running, swimming and court games, and providing shower facilities and changing areas and may include spas, gymnasiums, and incidental uses such as child-care facilities, food service, and pro shops oriented to customers during their use of the facility.
[Added 6-20-2017 by Ord. No. 10-2017]
HEIGHT
When referring to a tower or other telecommunications or utility structure, the distance measured from ground level to the highest point on the tower or other telecommunications or utility structure, even if said highest point is an antenna.
[Added 6-5-2000 by Ord. No. 9-2000; amended 5-7-2007 by Ord. No. 4-2007]
HEIGHT OF BUILDING
The vertical distance from the average grade elevation to the top of the highest roof surface on a flat or shed roof, to the highest deck level of a mansard roof, and the average distance between the eaves and the ridge level for the highest gable, hip or gambrel roof of a structure.
[Added 4-3-2000 by Ord. No. 6-2000; amended 5-7-2007 by Ord. No. 4-2007; 2-16-2016 by Ord. No. 6-2016]
HEIGHT OF FACADE
The vertical distance from the average finished grade along each side of a structure to the top of a structure or to the top of the highest point of the roof surface of a building.
[Added 5-7-2007 by Ord. No. 4-2007; amended 2-16-2016 by Ord. No. 6-2016]
HEIGHT OF STORY
The vertical distance between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the vertical distance between the floor and the ceiling next above it, including basements with a ceiling height or the bottom of the support beams for the floor above where there is no ceiling five feet above the average finished grade along any facade.
[Added 4-3-2000 by Ord. No. 6-2000; amended 5-7-2007 by Ord. No. 4-2007]
HOME OCCUPATION
The use of a portion of a residential structure not to exceed 25% of the area of one floor for nonresidential purposes.
[Amended 7-18-1994 by Ord. No. 5-1994]
HOTEL
A facility, which is not a bed-and-breakfast or an inn, designed and used exclusively to accommodate transient guests and may provide additional services such as restaurants, meeting rooms and/or recreational facilities. Each room shall contain at least one bedroom, one bathroom, and one closet. None of the rooms or suites of rooms shall have a full kitchen, and none shall have a gas/electric range or oven, but they may provide a sink, microwave oven, and/or minirefrigerator.
[Added 6-20-2017 by Ord. No. 10-2017]
IMPERVIOUS SURFACE
A surface which has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.
INCINERATOR
Any device, apparatus, equipment or structure for destroying, reducing or salvaging by fire any material or substance, including but not limited to refuse, rubbish, garbage, trade wastes, debris or scrap. Facilities for cremating human and animal remains shall not be classified as incinerators.
INDOOR COMMERCIAL RECREATION FACILITY
An establishment where sports, leisure time activities and recreational activities are conducted indoors. Such facilities may include, but are not limited to, indoor miniature golf courses, trampoline facilities, bowling alleys, indoor shooting ranges, indoor go-kart tracks or indoor skateboard facilities.
[Added 6-20-2017 by Ord. No. 10-2017]
INN
A facility, which is not a bed-and-breakfast or a hotel, which offers transient lodging accommodations to the general public but does not provide meeting or function rooms. An inn may include one restaurant that is open to the public. Inns may have recreational facilities such as a pool and/or a fitness room; however, such facilities shall only be available for use by guests and shall not be open to the public.
[Added 6-20-2017 by Ord. No. 10-2017]
INSTITUTIONAL USES
Institutions such as churches, schools teaching academic subjects, hospitals and libraries.
INTERNAL ATTACHED GARAGE
A structure accessory to a residential dwelling used for the parking and storage of vehicles owned and operated by the residents thereof and not a separate enterprise available to the general public that is integral to the principal structure and occupies a portion of the first floor not to be considered as living space.
[Added 6-20-2017 by Ord. No. 10-2017]
JUNKYARD/SALVAGE YARD
Any area of land, with or without buildings, devoted to the storage, keeping or abandonment of junk or debris, or discarded material, whether or not it is in connection with the dismantling, processing, salvage, sale or other use or disposition of any material whatsoever.
[Added 6-20-2017 by Ord. No. 10-2017]
LANDFILL
A system of trash and garbage disposal in which the waste is buried between layers of earth.
[Added 6-20-2017 by Ord. No. 10-2017]
LAWN AND GARDEN CENTER
An establishment with retail sales of nursery stock and accessory supplies, fresh produce, landscaping supplies, lawn furniture, playground equipment, topsoil, mulching materials, garden tractors, utility vehicles, lawnmowers and similar powered lawn and garden equipment and other similar supplies and equipment used for lawn and garden purposes and retail repair and service for garden and lawn equipment.
[Added 6-20-2017 by Ord. No. 10-2017]
LIGHT INDUSTRY
Facilities engaged in the fabrication, maintenance, alteration, repairing, finishing, or assembling of standardized parts as contrasted to a processing activity which would involve a physical or chemical process that would change the nature or character of the product or raw material or which would cause or result in toxic or objectionable or corrosive fumes, vapors, odors, effluent, gas, smoke, dust, glare, flashes or excessive noise or vibration. Any and all manufacturing, fabrication, maintenance, alteration, repairing, finishing, or assembling shall be carried on within and confined to an enclosed structure or structures.
[Added 6-20-2017 by Ord. No. 10-2017]
LIVING AREA
The area of all floors computed by using the dimensions of the outside walls of a building, excluding attic and unfinished basement floors, porches, patios, terraces, breezeways, carports, verandas and garages.
LOT
A parcel of land, the location, dimensions and boundaries of which were duly approved by the Planning Board under the terms of N.J.S.A. 40:55D-1 et seq., and on file with the county recording officer as provided by law, as well as any other tract of land comprised of one or more contiguous parcels of land (or lots) in common ownership, the location, dimensions and boundaries of which may be shown and filed pursuant to the terms of the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.), whether or not the parcels comprising the tracts were shown as individual parcels (or lots) on the Tax Map or any other record on file.
LOT AREA
An area of land which is determined by the limits of the lot lines bounding that area and is always expressed in terms of square feet or acres. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area. In the event that more than one plot or lot, as set forth on any map filed in the office of the Clerk of the County of Sussex, or lot, as set forth on the present or future assessment maps of the Township, is used in part or in full with one or more other such lots or plots for the erection of a building and its accessories, including yards required by this chapter, the aggregate of all such plots or lots shall, for the purpose of this chapter, be deemed to be one lot.
LOT COVERAGE
That part of one lot or more than one lot which is improved or is proposed to be improved with buildings and/or other structures, including but not limited to principal buildings, accessory buildings, driveways, parking lots, pedestrian walkways, signs and other man-made improvements on the ground surface which are more impervious than the natural surface, but excluding the water surface of any swimming pool. For purposes of this chapter, neither water surface area of any swimming pool nor the area of balconies or roof overhangs shall be counted as lot coverage.
[Added 6-20-2017 by Ord. No. 10-2017]
LOT DISTURBANCE
Includes all areas disturbed for the purpose of the construction of buildings and structures as well as all graded areas and lawns. The total shall include disturbed areas both inside and outside of the building envelope.
[Added 10-21-2002 by Ord. No. 12-2002]
LOT FRONTAGE
That portion of a lot extending along the street line.
LOT WIDTH
That dimension running parallel to the street line, between the side lines of the lot. Where the street line is a curve, the distance shall be measured as the chord of the curve.
[Amended 7-18-1994 by Ord. No. 5-1994]
MANUFACTURING
Facilities engaged in the mechanical or chemical transformation of materials or the processing of raw products into new products or any other processing activity which would involve a physical or chemical process that would change the nature or character of the product or raw material. Manufacturing includes the production of articles or finished products from raw or prepared materials by giving those materials new forms or qualities. Manufacturing also includes the blending of materials such as oils, plastics, resins or liquors. Any and all manufacturing processes shall be carried on within and confined to an enclosed structure or structures.
[Added 6-20-2017 by Ord. No. 10-2017]
MICROBREWERY
An establishment known as limited license brewery which produces small batches of beer for sale to retailers and distributors in and out of the state.
[Added 6-20-2017 by Ord. No. 10-2017]
MINING AND QUARRYING OPERATION
Any extraction, removal, mining, separation, crushing or disturbance of earth or earth material from its original position. Earth materials include, but are not limited to, gravel, clay, soil, topsoil, loam, sand, rock, stone, ore, minerals, mineral substances and organic materials other than vegetation.
[Added 6-20-2017 by Ord. No. 10-2017]
MINOR SUBDIVISION
Any subdivision containing not more than four lots, inclusive of the entire tract or parcel, sought to be subdivided, including lands constituting a remainder, fronting on an existing improved street, not involving any new street, planned development or extension of any off-tract improvement or municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Master Plan, Official Map or Zoning Ordinance. In the event that more than one minor subdivision from any tract of land, as recorded on August 7, 1968, is submitted within a five-year period from the date of approval of the first minor subdivision, then, for the purpose of administering this chapter, the subsequent subdivision shall be construed as a major subdivision and shall be processed accordingly. This definition shall not be construed to prohibit a "minor subdivision" of one lot from any tract every three years, so long as said tract is at least 25 acres.
[Amended 7-18-1994 by Ord. No. 5-1994]
MODERATELY RESTRICTED AREAS
The following areas are defined to be moderately restricted areas:
[Added 10-21-2002 by Ord. No. 12-2002]
A. 
Slopes between 15% and 25%;
B. 
Areas of seasonal high-water table of less than three feet;
C. 
Areas of depth-to-bedrock of less than four feet.
MULTIFAMILY DWELLING / TWO-TO-FOUR-FAMILY DWELLING
A building on a single lot containing two to four dwelling units, each of which is totally separated from the others by an unpierced wall extending from ground to roof, and/or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to multiple dwelling units.
[Added 6-20-2017 by Ord. No. 10-2017]
MULTIPLE-FAMILY RESIDENCE (APARTMENT)
A building designed for or utilized as two or more dwelling units, each supplied with individual cooking, sleeping and sanitary facilities.
NEIGHBORHOOD COMMONS
Lands within or related to a development, not individually owned or dedicated to public use, that are designed and intended for the common use and enjoyment of the residents and their guests, and may include such complementary structures and improvements as are necessary and appropriate.
[Added 6-20-2017 by Ord. No. 10-2017]
NEIGHBORHOOD SHOPPING CENTER
A building that contains more than one permitted retail and/or service establishment that draws its clientele from the neighborhood. A neighborhood shopping center is composed of one building designed to be occupied by two or more retail businesses with shared parking.
[Added 6-20-2017 by Ord. No. 10-2017]
OFFICIAL MAP
A map adopted in accordance with the Official Map and Building Permit Act, N.J.S.A. 40:55-1.30 et seq.,[2] or any prior act authorizing adoption. Such a map shall be deemed to be conclusive with respect to the location and width of the streets, public parks and playgrounds and drainage rights-of-way shown.
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 or occupants of land adjoining or neighboring such open space, and 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 ZONING
A device to eliminate suburban sprawl by providing open spaces in major subdivisions, and means the creation of lots of less area or frontage than that normally required for the zone district in which such lots are located, and by designing and arranging subdivisions in such a manner as to maintain the standard density requirements of the zone district in which "open space zoning" is permitted, as an optional method for developing property, so as to permit the additional unused area to be either vested by title in the Township of Byram for public purposes or devoted to open space or recreational use in private ownership pursuant to a plan approved by the Planning Board. The employment of "open space zoning" shall only be permitted if agreeable to the Planning Board. If the Planning Board does not agree to the employment of "open space zoning" for a particular tract of land for reasons that are peculiar to the land, then the minimum lot size for the zone in which it falls shall be complied with. Also known as "cluster development."
OUTDOOR ADVERTISING or BILLBOARD
A sign advertising a business, place, activity, goods, services, or products on a different property from where said sign is located.
[Added 6-20-2017 by Ord. No. 10-2017]
OUTDOOR COMMERCIAL RECREATION FACILITY
An establishment where sports, leisure time activities and recreational activities are conducted outdoors. Such facilities may include, but are not limited to, golf driving ranges, miniature golf courses, cycling outfitters, hunting and fishing outfitters, canoe and kayak outfitters, go-kart tracks or skateboard facilities. The outdoor storage of commercial recreation items such as canoes, kayaks, bicycles, and other equipment shall be accessory to the principal use.
[Added 6-20-2017 by Ord. No. 10-2017]
OUTDOOR DINING
The provision of food and drink as an addition or extension of a permitted principal use on a patio, deck or similar area outside the principal building, that may include seats, tables, umbrellas, and plant materials.
[Added 6-20-2017 by Ord. No. 10-2017]
OUTDOOR DISPLAY AND SIDEWALK SALE
The display and sale of goods, products, and services associated with a principal use, outside the confines of the building associated with said use.
[Added 6-20-2017 by Ord. No. 10-2017]
OUTDOOR ENTERTAINMENT
The provision of any entertainment out of doors, with or without amplification, for the enjoyment of guests.
[Added 6-20-2017 by Ord. No. 10-2017]
OUTDOOR RETAIL SALE
The outdoor sale and storage of goods that require outdoor storage and/or display, such as lumber, building supplies, boats, trailers, outdoor furniture, nursery stock, and garden supplies.
[Added 6-20-2017 by Ord. No. 10-2017]
PARCEL
Consists of an area within which buildings, parking, roads and open space conform to a unified design.
[Amended 7-18-1994 by Ord. No. 5-1994]
PARKING AREA
An open area other than a street, public way or access driveway, but including aisles used for the parking of motor vehicles and available for use as a service or privilege to employees, clients, customers, suppliers or residents. For the purposes of this definition, an access driveway shall not include a private driveway servicing a single-family residential dwelling.
PARKING SPACE
An off-street space for the parking of one motor vehicle, which space shall have an area as required by this Code.
[Amended 2-16-2016 by Ord. No. 6-2016]
PERFORMANCE GUARANTY
Any security which may be accepted by the Township Council, including but not limited to surety bonds, letters of credit as permitted by Section 16, c. 291, L. 1991,[3] and cash.
PHARMACY
An establishment engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics, and related merchandise.
[Added 6-20-2017 by Ord. No. 10-2017]
PLANNED DEVELOPMENT
An area with a specified minimum contiguous acreage of 50 acres or more, to be developed as a single entity according to a plan, containing one or more residential clusters or planned residential developments, and one or more public, quasi-public, commercial or industrial areas in such ranges or ratios of nonresidential uses to residential uses as shall be specified in this chapter.
PREEXISTING NONCONFORMING USES
Uses which were lawfully in existence and which were in fact being exercised within the structure or on land in conformance with zoning regulations at the time of issuance of the original certificate of occupancy or prior to the adoption of the first zoning ordinance in Byram, dated November 2, 1966, and which do not now conform to the regulations of the zone in which they are located.
PREEXISTING TOWERS AND ANTENNAS
Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of Article XII, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
[Added 6-5-2000 by Ord. No. 9-2000]
PRELIMINARY PLAT
The preliminary map indicating the proposed layout of the subdivision which is submitted for Planning Board consideration and tentative approval in accordance with N.J.S.A. 40:55D-48.
PRINCIPAL USE
The primary or predominant use of the premises.
PRINTING AND PUBLISHING
An establishment involved in book publishing, die cutting, printing of catalogue sheets or newspapers, engraving, four-color printing, lithography and other similar processes or the copying of newsletters, flyers and resumes, using photocopying machines, as well as blueprinting, facsimile sending and receiving.
[Added 6-20-2017 by Ord. No. 10-2017]
PRIVATE SWIMMING POOL
Any artificially constructed basin or other structure for the holding of water for use by the possessor, his family or guests for swimming, diving and other aquatic sports and recreation. The term "swimming pool" does not include any plastic, canvas or rubber pool temporarily erected upon the ground and holding less than 500 gallons of water.
PROFESSIONAL AND MEDICAL OFFICE
An establishment for administrative, executive, or management functions or for the conduct or transaction of a business, profession, service industry, occupation or government, provided no goods are offered for sale on the premises except the incidental sale of medical or optical goods in a medical or dental office. An office does not include or involve the manufacture, fabrication, production, processing, assembly, cleaning, testing, or storage for sale of materials, goods or products.
[Added 6-20-2017 by Ord. No. 10-2017]
QUALIFYING PLAT
A plat showing the layout of a subdivision, conforming in all respects to the Zoning and Subdivision Ordinances. This plat is used for purposes of illustration of the maximum number of lots ordinarily resulting from the subdivision of a parcel of land and is used in determining the maximum number of lots permitted in a residential cluster.
RECORDS PROCESSING AND STORAGE
An establishment for the creation, receipt, maintenance, use and disposal of records. Records are content that documents a business transaction. Documentation may exist in contracts, memos, paper files, electronic files, reports, emails, videos, instant message logs or database records. Paper records may be stored in physical boxes and digital records may be stored on storage media.
[Added 6-20-2017 by Ord. No. 10-2017]
RECREATIONAL SPACE
Usable open space consisting of an area not less than 1/4 acre, with grades not in excess of 8%, which may be provided with access for pedestrians and vehicles in order to provide for both use and maintenance. Such an area need not be developed as a ball field, picnic area, playground or the like facility, but must be adaptable to such purpose.
REGIONAL SHOPPING CENTER
A site that contains a wide variety of retail and service establishments, that has at least one or more anchor stores, and that draws its clientele from the region. A regional shopping center is composed of one or more buildings designed as a unit to be occupied by two or more retail businesses or departments in a single facility, conducted as an integrated and cohesively planned development with on-site parking and vehicular and pedestrian circulation areas.
[Added 6-20-2017 by Ord. No. 10-2017]
RESEARCH FACILITY
A facility for investigation into the natural, physical or social sciences, which may include engineering and product development.
[Added 6-20-2017 by Ord. No. 10-2017]
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.
RESOURCE RECYCLING FACILITY
A facility which accepts, collects, moves, transfers, stores and/or separates ferrous and nonferrous metals, glass, aluminum, wood, concrete, asphalt, paper, cardboard, plastic and other recyclable materials.
[Added 6-20-2017 by Ord. No. 10-2017]
RESTAURANT
An establishment where food and drink are prepared and/or served and consumed at tables or where the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state for consumption either within the restaurant building, for carry-out or with facilities for drive-through order and/or drive-through pickup for consumption off the premises.
[Added 6-20-2017 by Ord. No. 10-2017]
RETAIL SALES
Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and without necessarily rendering services incidental to the sale of such goods.
[Added 6-20-2017 by Ord. No. 10-2017]
RETAIL SERVICE
Establishments engaged in providing services for individuals, businesses, government and other organizations and includes finance; insurance, real estate and personal services; business services and miscellaneous repair services; motion pictures, amusement and recreation services; health services and educational services; social services, museums, art galleries, botanical gardens and zoological gardens.
[Added 6-20-2017 by Ord. No. 10-2017]
RETAIL WAREHOUSE
A building where the use combines retail and warehouse functions by stocking the inventory of goods in large quantities using stack-storage techniques in areas accessible to patrons for the purpose of selling the goods at retail or wholesale prices.
[Added 6-20-2017 by Ord. No. 10-2017]
RIDGELINES AND HILLCRESTS
Areas forming the line at the top of a rise between opposite slopes. These are areas of maximum local elevation and are surrounded by areas of lower elevation, sloping away. Ridgelines and hillcrests are mapped on the Township Ridgelines and Hillcrests Map[4] and then field verified by the applicant when an application is submitted to the Board.
[Added 11-15-2004 by Ord. No. 27-2004]
SCREEN
A structure or planting consisting of fencing, berms and/or evergreen trees or shrubs, providing a continuous view obstruction within a site or property.
SELF-STORAGE FACILITY
A building or group of buildings containing separate, individual, and private storage spaces of varying sizes available for lease or rent for varying periods of time. For the purposes of this definition, miniwarehouses shall be considered self-storage facilities.
[Added 6-20-2017 by Ord. No. 10-2017]
A. 
A commercial establishment which as one of its principal business 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, 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; or
B. 
A commercial establishment which regularly features live performances characterized by the exposure of a specified anatomical area or by a specified sexual activity, or which regularly shows films, motion pictures, video cassettes, slides, or other photographic representations which depict or describe a specified sexual activity or specified anatomical area.
SIDEWALK CAFE
The provision of food and drink as an addition or extension of a permitted principal use on a sidewalk outside the principal building, that may include seats, tables, umbrellas, and plant materials.
[Added 6-20-2017 by Ord. No. 10-2017]
SIGN
Any device, fixture, placard or structure that uses color, form, picture, display, graphic, illumination, symbol or writing to advertise, attract attention to, announce the purpose of or identify a person, entity or thing or to communicate any information to the public.
[Amended 4-21-2015 by Ord. No. 3-2015]
SIGN, AWNING
A sign incorporated into or attached to an awning.
[Added 4-21-2015 by Ord. No. 3-2015]
SIGN, CONTRACTOR
A temporary sign pertaining to the performance of contractor services (builder, roofer, landscaper, architect, general contractor, etc.) on the premises, or a portion of the premises, on which the sign is located.
[Added 4-21-2015 by Ord. No. 3-2015]
SIGN, DIRECTIONAL
Signs limited to directional messages, principally for pedestrian or vehicular traffic, such as "one-way," "entrance" and "exit."
[Added 4-21-2015 by Ord. No. 3-2015]
SIGN, DIRECTORY
A sign used to identify tenants and businesses in a multitenant building.
[Added 4-21-2015 by Ord. No. 3-2015]
SIGN, FREESTANDING
Any sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure.
[Added 4-21-2015 by Ord. No. 3-2015]
SIGN, GROUND
Any sign in which the entire bottom is in contact with the ground.
[Added 4-21-2015 by Ord. No. 3-2015]
SIGN, IDENTIFICATION
A sign giving the nature, logo, trademark, or other identifying symbol, address, or any combination of the name, symbol, and address of a building, business, development, or establishment on the premises where it is located.
[Added 4-21-2015 by Ord. No. 3-2015]
SIGN, NAMEPLATE
A sign, located on the premises, giving the name or address, or both, of the owner or occupant of a building or premises.
[Added 4-21-2015 by Ord. No. 3-2015]
SIGN, PERMANENT
Any sign that is painted directly on the window glass with permanent paint or that is mounted by bolts or screw, or otherwise in a permanent fashion, on a permanent structure.
[Added 4-21-2015 by Ord. No. 3-2015]
SIGN, POLITICAL
A temporary sign announcing or supporting political candidates or issues in connection with any national, state or local election.
[Added 4-21-2015 by Ord. No. 3-2015]
SIGN, PROJECTING
A sign that is affixed to the face of a building or structure that projects in a perpendicular manner from the wall surface of a building.
[Added 4-21-2015 by Ord. No. 3-2015]
SIGN, REAL ESTATE
A temporary sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located.
[Added 4-21-2015 by Ord. No. 3-2015]
SIGN, ROOF
A sign that is mounted on the roof a building or that is wholly dependent upon a building for support and that projects above the top walk or edge of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof or the deckline of a building with a mansard roof.
[Added 4-21-2015 by Ord. No. 3-2015]
SIGN, SANDWICH BOARD
A two-sided sign that is not affixed to a building, structure or the ground and therefore portable. Such sign shall not be illuminated, animated or have moving parts.
[Added 4-21-2015 by Ord. No. 3-2015]
SIGN, SPECIAL EVENT
A temporary sign advertising a grand opening, new tenancy or a special event. Such sign shall not be illuminated, animated or have moving parts.
[Added 4-21-2015 by Ord. No. 3-2015]
SIGN, TEMPORARY
Any sign designed or intended to be displayed for a short period of time. Such sign shall not be illuminated, animated or have moving parts.
[Added 4-21-2015 by Ord. No. 3-2015]
SIGN, WALL
Any sign attached parallel to, but within 10 inches of, a wall, painted on the wall surface of, or erected and confined within the limits of, an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.
[Added 4-21-2015 by Ord. No. 3-2015]
SIGN, WINDOW
Any sign that is placed within 24 inches of a window or upon the window panes or glass and is visible from the exterior of the window.
[Added 4-21-2015 by Ord. No. 3-2015]
SINGLE-FAMILY RESIDENCE
A structure designed for occupancy by one family, plus not more than two roomers or boarders.
SINGLE OWNERSHIP
Ownership by one person or ownership by two or more persons jointly, or as tenants by the entirety or as tenants in common, of a separate parcel of real property not adjacent to land in the same ownership.
SITE PLAN
A development plan containing the items required by virtue of the provisions of this chapter as a condition for the issuance of a permit for development.[5]
A. 
Less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below a point immediately above the top of the areola; or
B. 
Human male genitals in a discernibly turgid state, even if covered.
A. 
The fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breast; or
B. 
Any actual or simulated act of human masturbation, sexual intercourse or deviate sexual intercourse.
SPECIMEN TREE
Any tree that has a caliper of greater than 18 inches, measured 4 1/2 feet above the surrounding ground or that has been determined by a certified arborist to be of high value because of its type, size, age, or other professional criteria.
[Added 6-20-2017 by Ord. No. 10-2017]
STORMWATER MANAGEMENT
The removal of surface water or groundwater from land by drains, grading or other means. This includes control of runoff during and after construction or development to minimize erosion and sedimentation and to ensure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage and the means necessary for water supply preservation or protection and prevention or alleviation of flooding.
STORY
That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it, including the basement if the basement ceiling height or the bottom of the support beams for the floor above where there is no ceiling is five feet above the average finished grade along any facade. See "story above grade."
[Amended 4-3-2000 by Ord. No. 6-2000; 5-7-2007 by Ord. No. 4-2007]
STORY ABOVE GRADE
Any story having its finished floor surface entirely above grade, except that a basement shall be considered as a story above grade where the basement ceiling or the bottom of the support beams for the floor above where there is no ceiling is:
A. 
Five feet or more above grade plane.
B. 
More than eight feet above the lowest finished grade along any facade.
STREET
Any 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 by this chapter or which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the granting to such Board of the power to review plats, and which includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, streets shall be classified as follows:
A. 
Interstate freeways are limited access road systems which are designed to serve large volumes of regional traffic between urban centers. Interstate freeways are also primary routes used for the movement of commodities.
B. 
Major highways are designed as primary routes which can accommodate large volumes of traffic with uncontrolled access points. Major highways often provide a linkage between interstate routes and link major urban centers with other urban centers as well as with recreational and commercial areas. Major highways generally provide intercounty travel as well as intermunicipal travel.
C. 
Primary arterials are generally designed to provide intracounty and intermunicipal travel. Primary arterials also function as distributors of traffic flow from local collector and secondary arterial routes to highways, interstates and other interconnecting arterials.
D. 
Secondary arterials or rural arterials are designed to function by accommodating traffic flow between primary arterials. Generally, secondary arterials collect traffic from adjoining neighborhoods or other concentrations of development.
E. 
A collector street functions primarily to collect traffic flow from local minor road systems and distribute that traffic to secondary or primary arterials.
[Amended 7-18-1994 by Ord. No. 5-1994]
F. 
Minor roads provide direct access to individual properties or services and are often served by a collector or secondary arterial.
STREET FURNITURE
Aboveground objects constructed to improve the appearance and/or function of a street or park in accordance with its planned use, including but not limited to outdoor seating, benches, bus shelters, sculptures, landscape planters, trash receptacles, fountains, telephone booths, kiosks, and any other objects that have potential for enlivening and giving variety to streets, sidewalks, plazas, and any other outdoor space open to the public.
[Added 6-20-2017 by Ord. No. 10-2017]
STRUCTURE
A combination of materials to form a construction for occupancy, use or ornamentation constructed, installed or located below, upon, or above ground, including any excavation or foundation thereof, excepting fences, walkways, and driveways and basic accessories serving a principal structure.
[Amended 7-17-1995 by Ord. No. 5-1995; 6-6-2016 by Ord. No. 20-2016]
SUBDIVISION
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.
A. 
The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created:
(1) 
Divisions of land found by the Planning Board to be for agricultural purposes where all resulting parcels are five acres or larger in size.
(2) 
Division of property by testamentary or intestate provisions.
(3) 
Divisions of property upon court order.
(4) 
Conveyances so as to combine existing lots by deed or other instrument.
B. 
The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION COMMITTEE
A committee of at least three Planning Board members appointed by the Chairman of the Board for the purpose of classifying subdivisions in accordance with the provisions of this chapter and such other duties relating to land subdivision which may be conferred on the committee by the Board.
TELECOMMUNICATIONS EQUIPMENT
Machines and other devices permanently located in the immediate vicinity of an antenna or tower used in the operation of or support of such antenna or tower.
[Added 6-5-2000 by Ord. No. 9-2000]
TENT SALES AND SPECIAL EVENTS
Temporary or interim activities conducted on retail properties for the purpose of promoting seasonal sales and special events, which may be conducted under a weather-protected canopy or open air. Special events shall include carwashes, fun runs, information fairs and other nonprofit and charity events as well as commercial events.
[Added 6-20-2017 by Ord. No. 10-2017]
TOWER
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto.
[Added 6-5-2000 by Ord. No. 9-2000]
TOWNHOUSE
Attached single-family dwelling units, each having its own front and rear entrance and separated from adjoining units by one or more common fire-resistant walls, which are established as and controlled by a condominium association under the guidelines of New Jersey condominium law, controlling and maintaining all structures, landscaping and other common areas as approved by the Planning Board and defined in bylaws and master deeds.
[Added 6-20-2017 by Ord. No. 10-2017]
TRACT AREA
An area, parcel, site, piece of land or property that is the subject of a development application.
[Added 10-21-2002 by Ord. No. 12-2002]
TRACT DISTURBANCE
Any lot improvement, including construction or expansion of buildings, decks, sheds, garages, driveways, lawns, pools, septic fields, land clearing, tree removal, terracing and other land improvements.
[Amended 11-15-2004 by Ord. No. 27-2004]
VETERINARY OFFICE
An establishment where domestic animals and household pets are admitted for examination for medical treatment and are cared for during the time of such treatment. Boarding of animals in connection with medical treatment shall be permitted in conjunction with the primary use of the facility as a veterinary office. Overnight boarding of animals shall be permitted on a short-term basis, and must be incidental to the veterinary activities. All boarding shall take place within the confines of the building containing the veterinary office.
[Added 6-20-2017 by Ord. No. 10-2017]
VILLAGE CENTER
That area of Byram Township subject to the District Regulating Map of § 240-59, Village Center Form-Based Code. The Village Center is composed of two lots: Block 365, Lots 2 and 5. The term "Village Center" is used in many Township documents and often refers to the general area at the corner of Route 206 and Lackawanna Drive. It has also been used to describe both the Byram Highlands Center and the VC Village Center Zone together.
[Added 6-20-2017 by Ord. No. 10-2017]
VILLAGE CENTER ZONE (referred to as VC Zone)
The area zoned for mixed-use commercial and residential development and subject to § 240-59, Village Center Form-Based Code. The Village Center Zone consists of Block 365, Lots 1.01, 1.02, 1.03, 2, 3, 5 and 5.02. It is located at the southeastern corner of Route 206 and Lackawanna Drive and is bounded on the south by Lubbers Run and on the east by the Family Theme Park Zone. The VC Village Center Zone is part of the Byram Highlands Center and is the only part of the Byram Highlands Center zoned for single-family, townhouse, condominium or other nonapartment residential development.
[Added 6-20-2017 by Ord. No. 10-2017]
VILLAGE GREEN
A large parcel of land (minimum five acres) set aside, dedicated, designated or reserved for public use or enjoyment, which may include such complementary structures and improvements as are necessary and appropriate for entertainment or recreation, with such facilities being a small portion of the overall space.
[Added 6-20-2017 by Ord. No. 10-2017]
WAREHOUSING
Facilities for the storage of goods, such as furniture, household goods, or other commercial goods of any nature, including cold storage or facilities for the handling of freight or transshipment facilities.
[Added 6-20-2017 by Ord. No. 10-2017]
WASTE TRANSFER STATION
A facility where solid waste materials, including yard waste, demolition materials, and household refuse, are transferred from small vehicles to large trucks for efficient transport to landfills, recycling centers, and other disposal sites.
[Added 6-20-2017 by Ord. No. 10-2017]
WELLNESS CENTER / SPA
An establishment that offers health services for the body and mind. Services may include skin care services, body services such as fitness and personal training; and provide alternative or integrative medicine and nutrition consulting.
[Added 6-20-2017 by Ord. No. 10-2017]
YARD
Every lot must provide front, rear and side yards as required for its zone. All front yards must face upon an improved public street or right-of-way.
A. 
An open unoccupied space, unless occupied by a use as specifically permitted, extending across the full width of the lot and lying between the front street property line and a parallel line extending across the nearest point of the structure. For the purpose of determining the front yard, steps shall not be construed as part of the structure unless fully enclosed.
B. 
An open space, unoccupied except by an accessory building or use as specifically permitted, extending across the full width of the lot between the rear property line of the lot and a parallel line extending across the nearest point of the structure other than an accessory building.
C. 
An open unoccupied space, unless occupied by a use as specifically permitted, on the same lot with the building between the building and the side lot line, extending from the front yard to the rear yard.
[1]
Editor's Note: Said map is on file in the Township offices.
[2]
Editor's Note: See now N.J.S.A. 40:55D-35 et seq.
[3]
Editor's Note: See N.J.S.A. 40:55D-53.5.
[4]
Editor's Note: Said map is on file in the Township offices.
[5]
Editor's Note: The former definition of "sketch plat," which immediately followed this definition, was repealed 7-19-1994 by Ord. No. 5-1994.