Town of West New York, NJ
Hudson County
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Table of Contents
Table of Contents
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;
ACCESSORY BUILDING
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.
ACCESSORY USE
A use customarily incidental and subordinate to the main use conducted in a main or accessory building.
ALTERATION
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.
APARTMENT HOUSE, GARDEN-TYPE
A multifamily residential structure of not more than two stories containing three or more dwelling units.
APARTMENT HOUSE, HIGH-RISE
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."
APPLICATION FOR DEVELOPMENT
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.
APPROVAL, FINAL
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.
APPROVAL, TENTATIVE
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.
APPROVING BOARD
Either the Planning Board or the Zoning Board of Adjustment, whichever board has jurisdiction over the development application.
ATTIC
That part of a building which is immediately below, and wholly or partly within, the roof framing.
BASEMENT
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.
BILLBOARD
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.
BUILDING
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.
BUILDING ORIENTATION
The relationship of a building's longest axis to the true south compass point.
CELLAR
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.
COMMON OPEN SPACE
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.
COMPLETE APPLICATION
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.
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 the Zoning Ordinance, and upon the issuance of an authorization therefor by the appropriate approving agency.
CONTROLLED WATERFRONT DEVELOPMENT
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.)
COURT, INNER
An open, unoccupied lot space enclosed on all sides by exterior walls of a building.
COURT, OUTER
An open, unoccupied lot space enclosed on not more than three sides by exterior walls of a building.
COVERAGE
That percentage of the lot area that is covered by a building or buildings.
CRITICAL AREA
A sediment-producing, highly erodible or severely eroded area.
DENSITY
The permitted number of dwelling units per gross acre of land to be developed.
DEVELOPER
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.
DEVELOPMENT
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.
DISTURB
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.
DRAINAGE RIGHT-OF-WAY
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.
DRIVE-IN ESTABLISHMENTS
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.
DWELLING
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.
DWELLING, SINGLE-FAMILY
A building designed as one dwelling unit for one family.
DWELLING, SEMIDETACHED
A building with one or two dwelling units beside the other, completely separated therefrom by a party or common wall with no openings therein.
DWELLING, TWO-FAMILY
A building designed for two separate families where the dwelling units are entirely separated by vertical walls or horizontal floors.
DWELLING, MULTIPLE
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."
DWELLING UNIT
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.
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice, gravity or other natural forces.
EROSION AND SEDIMENT CONTROL PLAN
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.
EXCAVATION
Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.
FAMILY
One or more persons related by blood, marriage or legal adoption or related adults living together as a single housekeeping unit.
FLOOR AREA RATIO
The sum of the area of all floors of buildings or structures compared to the total area of the site.
HEIGHT OF BUILDING
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.
INTERESTED PARTY
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.
LOADING BERTH
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.
LOT
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.
LOT AREA
The area included within lot lines in square footage or acreage.
LOT CORNER
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.
LOT DEPTH
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.
LOT WIDTH
The horizontal distance between the side lot lines, measured at the required setback lines.
MAJOR SUBDIVISION
All subdivisions not classified as minor subdivisions.
MARINA
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.
MASTER PLAN
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.
MINOR SITE PLAN
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.
MINOR SUBDIVISION
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.
MOTEL
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.
MULCHING
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.
NONCONFORMING LOT
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.
NONCONFORMING STRUCTURE
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.
NONCONFORMING USE
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.
OFFICIAL MAP
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.
OFF-SITE
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.
OFF-TRACT
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.
ON-SITE
Located on the present or proposed lot or lots for which the development application is being made.
ON-TRACT
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."
OPEN SPACE
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.
OWNER
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.
PARKING SPACE
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.
PERFORMANCE GUARANTY
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.
pH
The relative acidity or alkalinity of the soil.
PLANNING BOARD
The Town of West New York Planning Board.
PLAT
The map of a subdivision.
PLAT, FINAL
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.
PLAT, PRELIMINARY
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.
PLAT, SKETCH
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.
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 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.
ROOMING HOUSE
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").
SEDIMENT
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.
SIGN
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.
SITE PLAN
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.
STORY
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.
STORY, HALF
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.
STREET
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.
STREET LINE
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.
SUBDIVIDER
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.
SUBDIVISION
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.
SWIMMING POOL
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.
TOWNHOUSE DWELLING STRUCTURE
A building or structure containing two or more townhouse dwelling units.
TOWNHOUSE DWELLING UNIT
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.
YARD, FRONT
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.
YARD, REAR
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.
YARD, SIDE
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.