As used in this chapter, the following terms shall
have the meanings indicated:
ACCESSORY STRUCTURE
Subordinate structure on the same lot with a principal building,
occupied or devoted exclusively to an accessory use. When an accessory
structure is attached to a principal building, it shall be considered
part of the principal building.
ACCESSORY USE
A use naturally and normally incident and subordinate to
the main use of the premises or lot.
ALTERATION OF BUILDING
A change in the supporting members of a building, an addition
to or diminution of a building, a conversion of a building or a part
thereof, or removal of a building from one location to another, or
a change in use.
APPLICANT
A developer submitting an application for development.
APPLICATION, COMPLETE
An application for development that is deemed complete at
a public meeting of the Town of Boonton Land Use Board.
[Added 12-5-2011 by Ord. No. 19-2011]
APPLICATION, DATE OF SUBMISSION
The effective date of submission of an application for development
shall be the date the application is deemed complete by the Town of
Boonton Land Use Board.
[Added 12-5-2011 by Ord. No. 19-2011]
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, residential
cluster, conditional use or zoning variance.
ATTIC
That part of the building that is immediately below and wholly
or partly within the roof framing.
[Added 4-6-2009 by Ord. No. 5-2009; amended 12-7-2009 by Ord. No.
28-2009]
BASEMENT
A portion of the building partly underground, but having
less than 1/2 its clear height below the average grade of the adjoining
ground. (See "cellar.")
BOARDER or ROOMER
A person not a member of a family as defined in this chapter
who pays for the privilege of lodging.
BUILDING
A structure having a roof supported by columns, walls or
similar structural parts, used or intended to be used for the housing,
enclosure or shelter of persons, animals or property of any kind.
BUILDING COVERAGE
The area of a lot, measured from the exterior surface of
the exterior walls of the ground floor, of all principal and accessory
buildings.
[Added 4-6-2009 by Ord. No. 5-2009]
BUILDING ENVELOPE
The area of a lot, parcel, or tract defined by minimum yard
setbacks and maximum height regulations within which a structure or
building is permitted to be built.
[Added 4-20-2009 by Ord. No. 4-2009; amended 12-5-2011 by Ord. No.
20-2011]
CELLAR
A portion of the building partly underground having 1/2 or
more than 1/2 of its clear height below the average grade or adjoining
ground. (See "basement.")
CHANGE IN USE
The use of a building or land which is in any manner different
from the previous use of the building or land by way of basic function,
operation, extent, products sold or products manufactured, including
a change from one permitted use to another kind of permitted use in
the same zone district.
CHILD-CARE CENTER
Any facility, by whatever name known, which is maintained
for the care, development and supervision of six or more children
under six years of age who attend the facility for less than 24 hours
a day. This term shall include, but shall not be limited to, such
programs as child-care centers, day-care centers, drop-in centers,
day nursery schools, play schools, cooperative child centers, centers
for children with special needs, infant-toddler programs, employment
related centers, child-care centers that have already received approval
from the Department of Human Services Licensing Act, and kindergartens
that are not an integral part of a private educational institution
or system offering elementary education in grades kindergarten through
sixth. The term shall not include any facility excluded from the definition
of "child-care centers" in the Manual of Standards for Child Care
Centers, State of New Jersey, Department of Human Services.
COMMON FACILITIES
Includes, but is not limited to, facilities for the common
use of two or more lots such as roads, sidewalks, swimming pool, playgrounds,
tees, greens, fairways and parking areas and utilities.
COMMON OPEN SPACE
That open space shown on a recorded subdivision for the common
use of two or more lots.
COMMON OWNERSHIP
Ownership of two or more contiguous parcels of real property
by one person or by two or more persons owning such property jointly,
as tenants by the entirety, or as tenants in common.
CONCEPT PLAN
A plan of a proposed development, submitted to the municipal
agency, at the option of the developer, containing such information
as may be required by this chapter, and intended to show the basic
purpose and design of the proposed development prior to submission
of a formal application.
CONDITIONAL USE
A use permitted in a particular zone district only upon a
showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter, and upon the issuance of an authorization
therefor by the Planning Board.
CORNER LOT
A lot at the junction of, and having frontage on, two or
more intersecting streets.
CRITICAL ENVIRONMENTAL CHARACTERISTICS
An area with one or more of the following environmental features
such as:
[Added 4-20-2009 by Ord. No. 4-2009; amended 12-5-2011 by Ord. No.
20-2011]
(4)
Land formerly used for landfill operations or hazardous industrial
use;
(6)
Wetlands and wetland transition areas;
(7)
Habitat of endangered species;
(8)
Mature stands of native vegetation.
DECK
A platform attached to a building, extending over and above
the ground and supported by posts, columns or footings extending to
the ground, by joists extending from the building or a combination
of both.
DENSITY
The permitted number of dwelling units per gross area of
land to be developed.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure and any
use or change in the use of any building or other structure, or land
or extension of use of land, for which permission may be required
pursuant to this chapter.
DEVELOPMENT REGULATION
A zoning, subdivision, site plan, official map ordinance
or other regulation of the use and development of land, or amendment
thereto, adopted and filed pursuant to P.L. 1975, c. 291 (N.J.S.A.
40:55D-1 et seq.).
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of storm water sewers
or drainage ditches, or required along a natural stream of watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage in accordance with N.J.S.A.
Chapter 1A of Title 58 and including lands intended as flood control
basins.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
FAMILY
A person or any number of persons living together in a dwelling,
with or without cooking facilities as a single housekeeping unit,
provided, however, that the presence of professional assistants to
aid the handicapped shall not serve to exclude the group from consideration
as a single housekeeping unit.
FENCE
A vertical structure erected as a barrier, enclosure or screening
and extending or suspended between posts or other supports. The term
"fence" shall include the term "wall."
FINAL APPROVAL
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for their completion or approval conditioned upon the posting
of such guaranties.
FINAL PLAT
The map of a subdivision application for which final approval
is sought pursuant to this chapter.
FLOOR AREA
The area of a floor computed by measuring the dimensions
of the outside walls in a building or dwelling unit excluding attic
and basement floors, porches, patios, terraces or breezeways and carports,
verandahs, garages and mezzanines in retail stores, provided that
the public does not have access to the mezzanine.
FLOOR AREA RATIO
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
GARAGE, PRIVATE
A detached accessory building or portion of the main building
used for the storage of motor vehicles.
GARAGE, PUBLIC
Any building, premises or land in which or upon which a business,
service or industry involving the maintenance, washing or servicing
and storage in connection therewith of motor vehicles is conducted
or rendered, but not including motor vehicle service station as defined
herein.
GOVERNING BODY
The Mayor and Board of Aldermen of the Town of Boonton.
HABITABLE ROOM
A room or enclosed floor space arranged for living, sleeping
and eating purposes.
HEIGHT OF BUILDING
The vertical distance measured from the average ground elevation
of the finished grade at the front of the building to the level of
the highest point of the roof surface if the roof is flat, or in the
case of sloping roofs, to a point 1/2 the distance between the top
of the uppermost plate and the highest point of the roof. Average
ground elevation shall be the average of the highest and lowest elevations
on the finished grade at the front of the building.
HIGH-RISE CONDOMINIUM
A residential dwelling in a multifamily building three stories
or higher.
[Added 11-17-2007 by Ord. No. 17-2007]
HISTORIC PRESERVATION DISTRICT
One or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites.
HISTORIC SITE
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing of historical,
archaeological, cultural, scenic or architectural significance.
IMPERVIOUS SURFACE
A surface that has been compacted or covered with a layer
of material, building, structure, or that it is highly resistant to
infiltration by water.
[Added 4-6-2009 by Ord. No. 5-2009]
INSTITUTIONAL USES
Nonprofit public or quasi-public uses such as churches, schools,
hospitals, lodges, fraternal organizations and the like.
INTERESTED PARTY
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey; and in the case of a civil proceeding in
any Court or in any administrative proceeding before a municipal agency,
any person, whether residing within or without the Town, whose right
to use, acquire, or enjoy property is or may be affected by any action
taken under this chapter, or whose rights to use, acquire, or enjoy
property under this chapter, or under any other law of the State of
New Jersey or of the United States have been denied, violated or infringed
by an action or a failure to act under this chapter.
LOT
A parcel or portion of land exclusive of any adjoining street,
separated from other parcels or portions by description as on a subdivision
or record of survey map or by metes and bounds for purpose of sale,
lease or separate use.
LOT AREA
The total square unit contents included within lot lines.
LOT COVERAGE
That part of a lot that is covered by impervious surfaces.
[Added 4-6-2009 by Ord. No. 5-2009]
LOW-INCOME HOUSING
Housing affordable according to Federal Department of Housing
and Urban Development or other recognized standards for home ownership
and rental costs, and occupied or reserved for occupancy by households
with a gross household income equal to 50% or less of the median gross
household income for households of the same size within the housing
region in which the housing is located, and is subject to affordability
controls.
MAINTENANCE GUARANTY
Any security which may be accepted by a municipality for the maintenance of any improvements required by this chapter, including but not limited to surety bonds, letters of credit under the circumstances specified in §
300-41R and cash.
MAJOR SUBDIVISION
All subdivisions not classified as minor subdivisions or
in the discretion of the municipal agency, any land wherein a minor
subdivision has been granted within the next two preceding years.
MASTER PLAN
A composite of one or more written or graphic proposals for
the development of the municipality (as set forth in and adopted pursuant
to P.L. 1975, c. 291, N.J.S.A. 40:55D-1 et seq.).
MAXIMUM DEPTH MEASUREMENT
The distance, as specified in this chapter, measured from
and parallel to a street right-of-way, within which the required minimum
lot size must be measured.
MINOR SITE PLAN
A conventional site plan of a single lot limited to the following
types of developments:
(1)
A change in use involving no building construction
other than interior modification or interior structural alteration,
and no additional off-street parking.
(2)
Minor structural changes, such as entry enclosures,
porticos and other structural appurtenances, including roof appurtenances.
(3)
Building additions and accessory structures
not exceeding 100 square feet in ground coverage, and not involving
any additional off-street parking or any land disturbance beyond the
immediate area around the structure.
MINOR SUBDIVISION
Any subdivision containing not more than two lots fronting
on an existing accepted street or on a private street approved by
the Planning Board or otherwise approved by the Board of Aldermen
for purposes of issuing building permits not involving a planned development,
any new street or the extension of any off-tract improvement, the
cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
MODERATE-INCOME HOUSING
Housing affordable according to Federal Department of Housing
and Urban Development or other recognized standards for home ownership
and rental costs, and occupied or reserved for occupancy by households
with a gross household income equal to or more than 50% but less than
80% of the median gross household income for households of the same
size within the housing region in which the housing is located, and
is subject to affordability controls.
MOTOR VEHICLE SERVICE STATION
A building or premises in which or upon which is conducted
a business involving the retail sale and direct delivery to motor
vehicles of gasoline and lubricating oil regardless of any other business
on the premises, which business may or may not include facilities
for lubricating, washing or otherwise servicing motor vehicles, but
not including facilities for body repair work or painting.
MUNICIPAL AGENCY
The Planning Board or the Mayor and Board of Aldermen of
the Town of Boonton.
NONCONFORMING LOT
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
but fails to conform to the requirements of the zoning district in
which it is located by reason of such adoption, revision or amendment.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
NONCONFORMING STRUCTURE
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reasons of such adoption, revision or amendment.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
NONCONFORMING USE
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
NONPROFIT HOUSING FOR THE ELDERLY
A building or buildings containing one or more dwelling units
restricted by deed or other instrument to occupancy by persons who
satisfy the requirements found under Section 202 of the Federal Housing
Act of 1959, as amended, and the regulations adopted pursuant thereto.
OFFICIAL MAP
A map adopted by ordinance of the governing body pursuant
to N.J.S.A. 40:55D-32 through 40:55D-36 showing the location and width
of streets and drainage rights-of-way, and the location and extent
of public parks and playgrounds, whether existing or proposed.
OFF-TRACT IMPROVEMENTS
An improvement which is not located on the property which
is the subject of an application for development nor on a contiguous
portion of a street or right-of-way and includes any of the following:
(1)
All improvements of the types required for on-tract
installation, where the need for the providing of such improvements
off-tract is, in whole or in part, made necessary by the proposed
application of the applicant and where the making of such improvements
will confer a benefit upon the applicant's lands which are the subject
of the application.
(2)
Any improvement or facility, the installation
of which is required in the public interest and the public need for
which would arise but for the improvement of the lands which are the
subject of the applicant's application and the installation of which
would confer a benefit upon the applicant's lands which are the subject
of the application. In addition to improvements of the type referred
to above, improvements required to maintain a safe flow of vehicular
and pedestrian traffic are specifically declared to be necessary in
the public interest.
(3)
Installation of new improvements and extensions
and modifications of existing improvements.
ON-TRACT IMPROVEMENT
Any improvement, the installation of which may be required
as part of an application for development and which is to be located
on the property which is the subject of an application for development
or on a contiguous street or right-of-way.
OPEN SPACE
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space.
PARKING AREA
An open area, other than a street or other public way, used
for the parking of motor vehicles and available for public use whether
for a fee or as a service or privilege for clients, customers, suppliers
or residents.
PARKING SPACE
An accommodation for the off-street parking of a motor vehicle having an area, exclusive of access drives and aisles, as specified in §
300-60J of this chapter and having adequate provisions for ingress and egress.
PATIO
A flat or terraced surface located on the ground, constructed
of brick, stone, concrete or other similar materials and intended
as an outdoor seating area.
PERFORMANCE GUARANTY
Any security which may be accepted by a municipality for the maintenance of any improvements required by this chapter, including but not limited to surety bonds, letters of credit under the circumstances specified in §
300-41R and cash.
PERSON
An individual, proprietorship, partnership, corporation,
association or other legal entity.
PLAT
A map or maps of a subdivision.
PLATFORM
A freestanding horizontal surface located on or above the
ground and supported by joists, posts, columns or footings extending
to the ground.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to §
300-38C of this chapter prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating in a schematic form,
its scope, scale and relationship to its site and immediate environs.
PRELIMINARY PLAT OR SITE PLAN
The preliminary map indicating the proposed layout of a subdivision
or site plan which is submitted to the Town Clerk for Planning Board
consideration and preliminary approval.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, board of education, state or county agency, or other
public body for recreational or conservational uses.
PUBLIC USE
Any municipal, county, state, federal or other governmental
use.
QUORUM
The majority of the full authorized membership of a municipal
agency.
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.
RESUBDIVISION
(1)
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
(2)
The alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument.
SEXUALLY ORIENTED BUSINESS
Either or both of the following:
(1)
A commercial establishment which as one of its
principal business purposes offers for sale, rental or display any
of the following:
(a)
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
(b)
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 depiction of a "specified sexual activity"; or
(2)
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.
SHOP, RETAIL
A building or part thereof in which or from which a service
is rendered directly to the public.
SINGLE OWNERSHIP
Ownership by one person or by two or more persons whether
jointly, 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 of one or more lots on which is shown:
(1)
The existing and proposed conditions of the
lot, including but not necessarily limited to topography, vegetation,
drainage, floodplains, marshes and waterways;
(2)
The location of all existing and proposed buildings,
streets, driveways, parking spaces, walkways, means of ingress and
egress, drainage facilities, utility services, landscaping, structures
and signs, lighting, screening devices; and
(3)
Any other information that may be reasonably
required in order to make an informed determination pursuant to this
chapter.
SLOPE
The elevation of ground level in its present natural state,
before construction.
[Added 4-6-2009 by Ord. No. 6-2009; amended 12-5-2011 by Ord. No.
21-2011; 7-17-2017 by Ord. No. 12-2017]
SLOPE, STEEP
The degree or percent of grade elevation at or more than
15%.
[Added 4-6-2009 by Ord. No. 6-2009; amended 12-5-2011 by Ord. No.
21-2011; 7-17-2017 by Ord. No. 12-2017]
SPECIFIED ANATOMICAL AREA
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 human male genitals in a discernibly
turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITY
The fondling or other erotic touching of covered or uncovered
human genitals, pubic region, buttock or female breasts, or any actual
or simulated act of human masturbation, sexual intercourse or deviate
sexual intercourse.
STORE, RETAIL
A building or part thereof in which or from which merchandise
is sold at retail directly to the public.
STORY
That portion of a building included between the surface of
any floor and the surface of the next floor above it, or if there
be no floor above it, then the space between any floor and the ceiling
next above it, including basements but excluding cellars as defined
herein.
[Amended 12-7-2009 by Ord. No. 28-2009]
STORY, HALF
A space under a sloping roof 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 total floor area of
the story directly beneath.
[Added 12-7-2009 by Ord. No. 28-2009]
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way:
(1)
Which is an existing state, county or municipal
roadway; or
(2)
Which is shown upon a plat heretofore approved
pursuant to law; or
(3)
Which is approved by official action as provided
by this act; or
(4)
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.
STRUCTURE
Any combination of materials forming any construction the
use of which requires location on the ground or attachment to something
having location on the ground and including, among other things, display
tanks, platforms, pools, flagpoles, standpipes, tanks and towers of
any kind. The term "structure" shall include the term "building."
SUBDIVIDER
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself
or for another.
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. The term "subdivision" shall also include the term "resubdivision."
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)
Divisions of property by testamentary or intestate
provisions.
(3)
Division of property upon Court order, including,
but not limited to, judgments of foreclosure.
(4)
Consolidation of existing lots by deed or other
recorded instrument.
(5)
The conveyance of one or more adjoining lots,
tracts, or parcels of land, owned by the same person and all of which
are found and certified by the Town Clerk to conform to the requirements
of the municipal development regulations and are shown and designated
as separate lots, tracts, or parcels on the tax map of the Town.
SUBDIVISION AND SITE PLAN COMMITTEE
A committee of at least three Planning Board members appointed
by the Chairman of the Board of the purpose of classifying subdivisions
in accordance with the provisions of this chapter, reviewing subdivisions
and site plans and such other duties relating to land subdivision
which may be conferred on this Committee by the Board.
TOWN
The Town of Boonton.
TOWNHOUSE DEVELOPMENT
An integrated plan of townhouse dwelling structures and common
properties and/or facilities.
TOWNHOUSE DWELLING UNIT
One of a series of single-family dwelling units attached
by a common wall between it and the adjacent unit or units together
with individual front and rear entrances and yards designed as an
integral part of each unit and having been constructed in conformity
with an approved subdivision and site development plan.
TRANSCRIPT
A typed or printed verbatim record of the proceedings or
reproductions thereof.
USABLE LOT AREA
A contiguous area within the boundaries of a lot, tract or
parcel, within the building envelope, that is free of critical environmental
characteristics.
[Added 4-20-2009 by Ord. No. 4-2009; amended 12-5-2011 by Ord. No. 20-2011]
VARIANCE
Permission to depart from the literal requirements of a zoning
regulation.
WALL
A vertical structure erected as a barrier, enclosure or screening
or for the purpose of retaining earth and continuously attached to
or supported by the ground.
YARD
(1)
FRONT YARDAn open unoccupied space unless occupied by a use as hereinafter specifically permitted, extending across the full width of the lot and lying between the street right-of-way and the nearest point of the foundation of the principal building on the lot.
(2)
REAR YARDAn open space unoccupied except by a use as hereinafter specifically permitted, extending across the full width of a lot lying between the rear lot line and the nearest point of the foundation of the principal building on the lot.
(3)
SIDE YARDAn open space unoccupied except by a use as hereinafter specifically permitted, extending from the front yard to the rear yard of a lot and lying between the side lot line and the nearest point of the foundation of the principal building on the lot.
ZONING ENFORCEMENT OFFICIAL
The individual who shall be charged by the Mayor and Board
of Aldermen with the enforcement of the Zoning Ordinance and regulations
of the Town of Boonton, and unless designated otherwise, shall be
the Construction Official of the Town of Boonton.