For the purpose of this chapter, words used
in the present tense include the future; the singular number includes
the plural and the plural number includes the singular. The work "building"
includes the word "structure." The word "used" shall be deemed to
also include "designed, intended or arranged to be used." The word
"person" includes a firm or corporation as well as an individual;
the word "lot" includes the word "plot." The term "shall" indicates
a mandatory requirement, and the term "may" indicates a permissive
action. The word "occupied" includes the phrase "intended to be occupied."
The word "zone" includes the word "district."
As used in this chapter, the following terms
shall have the meanings indicated;
A building detached from, and subordinate to the main building
on a lot and used for purposes customarily incidental to those of
the main building.
A use customarily incidental and subordinate to the main
use conducted in a main or accessory building.
As applied to a building or structure, a change or rearrangement
in any part, or in the existing facilities, or an enlargement of any
dimension of the building; or the moving from one location or position
to another. Ordinary repairs shall not be considered alterations.
A multifamily residential structure of not more than two
stories containing three or more dwelling units.
A residential structure of more than three stories, containing
three or more dwelling units and containing a heating plant which
supplies heat to all tenants. See also "multiple dwellings."
The application form, map and other documents required by
this chapter, and the ordinances of the Town of West New York, including
any fees required therein for approval of a subdivision plat, site
plan, conditional use, zoning variance or direction of issuance of
permit, or any combination of the above.
The official action of the approving board taken on a final
plat which is based on a tentatively approved plat after all requirements,
conditions, engineering plans, etc., have been completed and the required
improvements have been installed or bonds properly posted for their
completion. A plat that received such final approval must be prepared
by a licensed professional engineer and land surveyor in compliance
with all provisions of Chapter 141 of the Public Laws of 1960[1] and is the map which must be filed on major subdivisions
with the Hudson County Clerk's Office within 95 days of the date of
signing of the map by the Planning Board's Chairperson and Secretary.
The official action taken on a preliminary plat by the approving
board, meeting in regular session, which determines whether or not
the map submitted is in proper form and meets the established standards
adopted for design layout and development of the subdivision. Such
tentative approval confers certain irrevocable rights upon a subdivider
for a period of three years on condition that the general terms and
conditions specifically agreed upon will be fully met and, further,
that the final plat be submitted for final approval within the three-year
time period. "Tentative approval" is also defined to mean preliminary
approval as that term is utilized in N.J.S.A. 40:55D-48 and 40:55D-49
of the Municipal Land Use Law.
Either the Planning Board or the Zoning Board of Adjustment,
whichever board has jurisdiction over the development application.
That part of a building which is immediately below, and wholly
or partly within, the roof framing.
That portion of the building that is partly underground,
which has more than 1/2 of its height, measured from clear floor to
ceiling, above the average adjoining ground level.
A sign which directs attention to a product, business, service
or entertainment conducted, sold or offered elsewhere than upon the
lot on which the sign is situated.
A combination of materials to from a construction adapted
to a permanent, temporary or continuous occupancy and having a roof.
A mobile home or house trailer shall be considered a building.
The relationship of a building's longest axis to the true
south compass point.
The lowest part of a building partly or totally underground
having 1/2 or more of its height measured from cellar floor to ceiling
below the average level of the adjoining ground.
An underdeveloped area within or related to a site designated
for development, and designed and intended for the recreational use
and enjoyment of residents and owners of the development. Common open
space may now contain such complementary structures and improvements
as are necessary and appropriate for the use and enjoyment of residents
and owners of the development.
An application form and all accompanying documents required
for approval of the application for development, including where applicable,
but not limited to, a site plan or subdivision plat, provided that
the approving board may require additional information not specified
in this chapter or any revision in the accompanying documents as are
reasonably necessary to make an informed decision as to whether the
requirements necessary for approval of the application for development
have been met.
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 the Zoning Ordinance, and upon the issuance of an
authorization therefor by the appropriate approving agency.
An area with a specified minimum contiguous acreage of 10 acres or more to be developed as a single entity according to a plan, containing one more detached single or cluster units or townhouse developments and one or more public, quasi-public, commercial or industrial areas in such ranges or ratios of nonresidential uses as shall be specified in Chapter 414, Zoning. (See Article VI of this Ordinance for detailed controls.)
An open, unoccupied lot space enclosed on all sides by exterior
walls of a building.
An open, unoccupied lot space enclosed on not more than three
sides by exterior walls of a building.
That percentage of the lot area that is covered by a building
or buildings.
A sediment-producing, highly erodible or severely eroded
area.
The permitted number of dwelling units per gross acre of
land to be developed.
The legal or beneficial owner or owners of a lot or of any
land proposed for development, including the holder of an option or
contract to purchase, or other person having an enforceable proprietary
interest in such land.
The division of a parcel of land into two or more parcels
or lots, the proposed or actual construction, reconstruction, conversion,
structural alteration, relocation, enlargement or other change 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,
on land, or extension of use of land, for which permission to develop
is required by this chapter or any other ordinance of the Town of
West New York.
To dig, dredge, excavate, remove, strip and grub, deposit,
grade, clear, level, fill or otherwise alter or change the location
or contour of land to otherwise cause land to be exposed to the dangers
of erosion.
The lands required for the installation and maintenance of
stormwater sewers or drainage ditches, grading or other means of stabilizing
watercourses and runoff to prevent flooding and to minimize erosion
and sedimentation; or, as required along a natural stream, body of
water or watercourse, to preserve the channelization and direction
of water flow on and across the land to be developed, including any
remainder parcels to prevent on-site, off-site, on-tract and off-tract
flooding and water damage to the public in accordance with the provisions
of Title 58 of the New Jersey Statutes.
Premises constructed for the sale of any goods or services
by means of curb, window counter or self service, whether to the motoring
public or to pedestrians.
Any structure, including mobile homes and house trailers,
designed for use by human occupants for sleeping and living purposes,
whether occupied or vacant, except that the foregoing shall not apply
to hotels or motels. It shall have one or more rooms containing independent
cooking and sanitary facilities.
A building designed as one dwelling unit for one family.
A building with one or two dwelling units beside the other,
completely separated therefrom by a party or common wall with no openings
therein.
A building designed for two separate families where the dwelling
units are entirely separated by vertical walls or horizontal floors.
Is a building containing three or more dwelling units and
may be an apartment house or any building, or portion thereof, which
is arranged or designed to be occupied by three or more families or
individuals living independently of each other, and having separate
kitchen and sanitation facilities. See definitions for "garden-type"
and "high-rise apartment houses."
Any room or group of rooms located within a dwelling forming
a single habitable unit which includes facilities for living, sleeping,
cooking, eating, bathing and toilet purposes.
The detachment and movement of soil or rock fragments by
water, wind, ice, gravity or other natural forces.
A plan which fully indicates necessary land treatment measures,
concluding a schedule of the timing for their installation, which
will effectively minimize soil erosion and sedimentation.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
One or more persons related by blood, marriage or legal adoption
or related adults living together as a single housekeeping unit.
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
The vertical distance measured from the curb level of the
highest point of the roof beams adjacent to the street wall in the
case of flat roofs and, in the case of pitched roofs, from the curb
level to the average height of the gable. Where the front wall of
a building is more than 20 feet from the street line, the average
level of the ground adjoining the walls of the building may be taken
in measuring its height, instead of the curb level.
In the case of a civil proceeding in any court or in an administrative
proceeding before a town agency, any person, whether residing within
or without the town, whose right to use, acquire or enjoy property
is or may be affected by any action taken under this chapter or under
any other law of the state or of the United States has been denied,
violated or infringed by an action or a failure to act under this
chapter.
Any paved or otherwise surfaced off-street space open or
enclosed available only for the loading or unloading of goods, at
least 12 feet wide and 35 feet long with clear headroom of at least
14 feet and having direct usable access to a street.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The area included within lot lines in square footage or acreage.
A lot at the junction of and abutting on two or more intersecting
streets when the interior angle of the intersection does not exceed
135°. Regardless of legal lot lines, no frontage greater than
100 feet in either direction from the corner point of the intersection
will be treated as a corner lot. Its access area shall be treated
as an interior lot.
The mean distance from the line of the street on which it
fronts to the rear lot line measured in the mean general direction
of the side lines of the lot. In a corner lot, the depth is the longer
dimension thus measured.
The horizontal distance between the side lot lines, measured
at the required setback lines.
All subdivisions not classified as minor subdivisions.
An anchorage for boats, including launching and parking facilities
and provision for fuel and accessories, but excluding out-of-water
boat storage and any activities to repair and maintain boats.
A composite of the mapped and written proposals recommending
the physical development of the municipality which shall have been
duly adopted by the Planning Board.
A development plan which does not involve a planned unit
development, any new streets or extensions of any off-tract improvements
and which contains the information required by this chapter and any
other supporting documentation needed by the approving board in order
to make an informed determination as to whether the requirements established
by this chapter have been met.
A subdivision of land for the creation of not more than five lots, provided that such subdivision does not involve a planned development, any new street or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to § 358-50 of this chapter.
A building or building group designed for occupancy as the
temporary residence of individuals who are lodged with or without
meals and in which no provision is made for cooking in any individual
room or suite, with a parking space provided closely related to each
room or suite.
The application of plant residue or other suitable organic
materials to the land surface to conserve moisture, hold soil in place
and aid in establishing plant cover.
A lot, the area dimensions or location of which was lawful prior to the adoption, revision or amendment of Chapter 414, Zoning, but which now fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
A structure, the size, dimension or location of which on a lot was lawful prior to the adoption, revision or amendment of Chapter 414, Zoning, but which now fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
A use or activity, on a lot or lots which was lawful prior to the adoption, revision or amendment of Chapter 414, Zoning, but which now fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
A map adopted in accordance with N.J.S.A. 40:55D-32 of the
Municipal Land Use Law or any official map adopted pursuant to any
authorized act of the New Jersey Legislature.
Located outside of the proposed lot lines of the lot or lots
in question, pursuant to the application for development but within
the property (of which the development lots are a part) which is the
subject of the development application, or a contiguous portion of
a street or right-of-way.
Not located on the property which is the subject of a development
application, not on a contiguous portion of a street or right-of-way.
Located on the present or proposed lot or lots for which
the development application is being made.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way,
specifically including the total land encompassed and defined herein
as "on-site" and "off-site."
Any parcel or area of land 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.
Any individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be subdivided or developed to commence and maintain proceedings
to subdivide the same under this chapter. The term shall also include
any applicant or developer, as such terms are defined in N.J.S.A.
40:55D-3 and 40:55D-4 of the Municipal Land Use Law, each of said
terms being used interchangeably in this chapter.
A space which, exclusive of driveways and turning areas,
is 9 1/2 feet wide and 20 feet long and which is accessible from
an aisle, driveway at least 24 feet wide, or public street and is
available for the parking of one passenger car.
Any security which may be accepted by the town in form and
manner of execution acceptable to the Town Attorney, including performance
bonds, cash deposits not exceeding 10% of the total performance guaranty,
escrow agreements and other similar collateral or surety agreements
to guarantee the installation of required improvements. The amount
of security established as the performance guaranty shall be sufficient,
allowing for inflationary cost increases, to enable the Town of West
New York to complete the guaranteed improvements in the event of the
default of a developer. Maintenance guaranties include any security
in form and substance similar to a performance guarantee, exclusive
of cash deposits, guaranteeing the maintenance of the installed improvements
for a period of not more than two years after approval and acceptance
by the town in accordance with this chapter.
The relative acidity or alkalinity of the soil.
The Town of West New York Planning Board.
The map of a subdivision.
The final map of all or a portion of the subdivision which,
after approval by the Town of West New York Planning Board, shall
be filed with the County Clerk's office.
The preliminary map indicating the proposed layout of the
subdivision which is submitted to the Secretary of the Planning Board
for Planning Board consideration and tentative approval and which
meets the requirements of this chapter.
The sketch map of a subdivision of sufficient accuracy to
be used for the purpose of discussion and classification and meeting
the requirements of this chapter.
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 establishment
of any new streets within any subdivision previously made and conveyances
of existing contiguous lots by deed or other instruments to combine
them into one lot under a common ownership.
Any residential or transient residential building which contains
two or more units of rentable dwelling space arranged or intended
for single-room occupancy, exclusive of any such unit occupied by
an owner or operator and wherein personal services are provided to
the residents, including any residential hotel or congregate living
arrangement (cf "boardinghouse," "guesthouse").
Solid material, both mineral and organic, that is in suspension,
and/or is being transported or has been moved from its place of origin
by air, water, ice, gravity or other natural forces as a product of
erosion.
Any device or representation for visual communication used
as, or which is in the nature of, an advertisement, announcement or
direction, including any letter, word, model, banner, pennant, insignia
or trade flag, but excluding any public traffic or directional signs.
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including but not
necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways, and the location of all existing and proposed
buildings, drives, parking spaces, walkways, means of ingress and
egress, drainage facilities, utility services, landscaping, structures
and signs, lighting, screening devices and any other information that
may be reasonably required in order to make an informed determination
pursuant to the site plan provisions for this chapter.
That part of any building comprised between the level of
one finished floor and the level of the next higher finished floor,
or if there is no higher finished floor, then that part of the building
comprised between the level of the highest finished floor and the
underside of the roof beams.
That portion of a building situated above a full story and
having at least two opposite exterior walls meeting a sloping roof
at a level not higher above the floor than a distance equal to 1/2
the floor-to-ceiling height of the story below.
Any street, avenue, boulevard, road, lane, parkway, viaduct,
drive, alley or other way which is an existing state, county or municipal
roadway, or which is on a plat heretofore approved pursuant to law
or approved by official action or which is shown on a plat duly filed
and recorded in the office of the county recording officer prior to
the appointment of a Planning Board and the grant to such Board of
the power to review plats, and includes the land between the street
lines whether improved or unimproved, and may comprise pavement, shoulders,
gutters, curbs, sidewalks, parking areas and other areas within the
street lines.
The dividing line between a street and lot. Where title to
land contiguous to a road, easement or right-of-way extends to the
center thereof, the side line of such road, easement or right-of-way
shall be deemed to be the side line of a street.
Any individual, firm or association, syndicate, copartnership,
trust or any other legal entity commencing proceedings under this
chapter to effect a subdivision of land hereunder for himself or for
another. The term shall also include any applicant or developer as
such terms are defined in N.J.S.A. 40:55D-3 and 40:55D-4 of the Municipal
Land Use Law, each of said terms being used interchangeably in this
chapter.
The division of a lot, tract or parcel of land into two or
more lots, sites or other divisions of land for the purpose, whether
immediate or future, of sale or building development, except that
the following divisions shall not be considered subdivisions, provided
that no new streets or the extension of municipal improvements are
involved: divisions of property by testamentary or intestacy provisions;
divisions of property upon court order; conveyances by deed or other
instrument to combine existing contiguous lots into common ownership;
and divisions of property for public use requiring Planning Board
approval. "Subdivision" also includes resubdivision, the combining
of two or more lots to create a single parcel, and where appropriate
to the context, relates to the process of subdividing or to the lands
or territory divided, to the extent that nothing herein shall be deemed
to vary from N.J.S.A. 40:55D-7, definition of subdivision, and the
decisional laws of the courts.
Any receptacle for water having a depth at any point greater
than two feet, used or intended to be used for swimming or bathing,
and constructed, installed or maintained in or above the ground outside
any building as a fixed permanent improvement.
A building or structure containing two or more townhouse
dwelling units.
One of a series of contiguous single-family dwelling units
attached on either both sides or one side depending upon whether the
unit is an interior unit or the unit is at the end of a townhouse
dwelling structure thereby having one common and one exterior wall,
with private rear yard areas.
An open, unoccupied space, within and extending the full
width of the lot between all street lines and the parts of the building
nearest to such street lines.
An open, unoccupied space extending the full width of the
lot between the rear lot line and the parts of the building nearest
to such rear lot line.
An open, unoccupied space, extending the full length of the
lot, between the side lot line and a line drawn parallel thereto at
such distance therefrom as may be specified herein for any district.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
