In the construction of this chapter, the present
tense shall include the future, the singular number shall include
the plural, and the plural the singular. The word "shall" is always
mandatory. The word "may" is permissive. The words "zone" and "district"
are synonymous. The word "used" shall include the words "arranged,"
"designed," or "intended to be used." Any word or term not interpreted
or defined by this article is to be given its standard or common meaning.
Whenever a term is used in this chapter which is defined in N.J.S.A.
40:55D-1 et seq., such term shall have the meaning in the state statute.
For purposes of this chapter, the following
phrases and words shall have the meanings indicated. The definitions
contained in the Municipal Land Use Law are hereby adopted by reference.
A use or structure subordinate to the principal use or structure
on the same lot and serving a purpose customarily incidental to the
principal use or the principal structure.
The person with whom applications for development are filed
pursuant to this chapter. The administrative officer for the Board
of Adjustment shall be the clerk to the Board of Adjustment. The administrative
officer for the Planning Board shall be the clerk to the Planning
Board.
Development designs or existing features on a developer's
property, or nearby property, creating, imposing, aggravating or leading
to impractical, unsafe, unsatisfactory or noncomplying conditions,
such as a layout inconsistent with the zoning regulations; insufficient
street location; inconvenient street system; inadequate utilities,
such as water, drainage, shade trees and sewerage; unsuitable size,
shape and location of any area reserved for public use or land for
open space in a planned development; infringement upon land designated
as subject to flooding; and the creation of conditions leading to
soil erosion by wind or water from excavation or grading; all as set
forth in N.J.S.A. 40:55D-38 and measured against the design and performance
standards of this chapter.
Giving, attempting to give or intending to give any notice
or information, or any activity which gives, attempts to give or intends
to give notice, information or warning.
Any changes in the supporting members of a building, such
as bearing walls, columns, beams or girders, or in the dimensions
or configuration of the roof or exterior walls.
The arrangement of wires or metal rods used in the sending
and receiving of electromagnetic waves.
[Added 8-6-2019 by Ord.
No. 1795]
Any structure, mast, pole, tripod or tower utilized for the
purpose of supporting an antenna or antennas for the purpose of transmission
or reception of electromagnetic waves (by federally licensed amateur
radio operators).
[Added 8-6-2019 by Ord.
No. 1795]
A radio station operated in the amateur radio service under
license by the Federal Communications Commission.
[Added 8-6-2019 by Ord.
No. 1795]
A dwelling unit in a building having three or more dwelling
units.
A request for a review of an interpretation of any provision
of this chapter or a request for variance.
A designated AO Zone on the Flood Insurance Rate Map (FIRM).
The base flood depths range from one foot to three feet; a clearly
defined channel does not exist; the part of flooding is unpredictable
and indeterminate; and velocity flow may be evident.
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year.
Acceptance of a plat by the approving authority and meeting
the preliminary or final plat requirements as applicable.
Any sign on or affixed to any exterior surface of a building,
provided that such sign does not project beyond 12 inches from the
exterior surface.
The open, uninhabitable space between the ceiling beams of
the top habitable story and the roof rafters in any building.
A building or place of business where gasoline, fuel, oil
and grease and/or batteries, tires and automobile accessories are
supplied and dispensed directly to the motor vehicle trade and where
mechanical repair but not body repair may be rendered as an accessory
activity, provided that all mechanical repair takes place within the
confines of a building.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
Any area of the building having more than 50% of its perimeter
below finished ground level. The finished floor elevation of any basement
must be a minimum of four feet above the seasonal high-water table.
[Amended 12-18-2007 by Ord. No. 1393]
Shall be considered a sign, as defined herein.
[Amended 7-13-2005 by Ord. No. 1325]
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or supporting foundation system.
A strip of land consisting of natural materials, woodlands,
earth mounds, screening fences or walls, and/or other planted vegetation
for the purposes of making a physical or visual barrier. No building,
structure or parking shall be permitted in this area.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy by any person, animal
or thing, and having a roof.
The horizontal area measured from the exterior surface of
the exterior walls of all principal and accessory buildings on a lot,
which shall include decks attached to the principal building.
Where more than 50% of structural floor space of a building
or structure is removed and/or destroyed, as determined by the Borough
Engineer, any redevelopment of the building or structure shall be
classified as new construction and the land shall be considered vacant
for the purposes of this chapter, and such building or structure shall
be required to meet all of the regulations contained herein.
The difference between the elevation of the highest point
on the roof, excluding chimneys, antennas and similar structures,
and the elevation of the lowest point on the surface of the ground
abutting the building at anywhere along the perimeter of the foundation.
The lowest point shall be measured from the existing grade at the
time of the preliminary subdivision or site plan approval or at the
time of the issuance of a building permit, whichever is lower.
A detached accessory structure open to one side not exceeding 300 square feet in area or more than two rooms. A cabana may include a sink but shall not include a bathroom or cooking facilities and shall not be utilized for residential occupancy. "Cabana" shall have the meaning as set forth and contained in §§ 300-107B(6) and 300-121G(1).
[Added 11-1-2011 by Ord. No. 1530]
See "basement."
An institution offering the provision of supplemental parental
care and supervision for nonrelated children, on a regular basis during
part or all of the day, under license by the New Jersey Department
of Human Services. The term "child-care center," as used herein, includes
the terms "infant-care center," "day nursery," "day-care center,"
"nursery school" or similar.
The determination by the approving authority that a plat
is either a minor or major development.
A planned development technique based on a density of dwelling
unit(s) per acre. The permitted number of dwelling units is then clustered
onto one or more portions of the overall tract on reduced lot sizes
so that individual segments of the tract have higher densities, provided
that other portions of the tract are left in open space or common
property so that the gross density limitation of the entire tract
is not exceeded.
A truck, bus, van, trailer, camper or similar wheeled conveyance,
motorized or not, other than a pleasure or passenger automobile regardless
of its form of license registration. This definition shall include
any vehicle bearing advertisements or printed commercially related
matter thereon. Any vehicle designed or converted and used for commercial
purposes notwithstanding the type of registration shall be deemed
to be commercial.
A parcel(s) of land, together with the improvements thereon,
the ownership, use and enjoyment of which are shared by owners and
occupants of one or more of the individual building sites in the development.
All antennas and towers which are used for commercial purposes
to receive and transmit radio signals along with all other associated
and supporting structures.
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 provisions of this chapter and upon the
issuance of an authorization thereof by the Planning Board.
An organization that provides housing, services, and health
care (including long-term care), to persons of retirement age. The
community must provide increasing levels of care that meet the needs
of individual residents, beginning with independent living and providing
a variety of health and nursing care services. It offers a contract
based on an entry fee that guarantees shelter and access to various
health care services, whether these are prefunded or on a fee-for-service
basis.
The permitted number of dwelling units per gross acre of
land developed.
The number of dwellings per unit of land, excluding streets,
easements, water areas, and lands with environmental constraints.
Those businesses which construct dental appliances and related
items for sale to the dental profession and shall not include any
businesses which manufacture items for sale to the ultimate users
or individuals other than dentists.
[Added 10-3-2022 by Ord. No. 1884]
Those areas which exist or are created for the temporary
storage of stormwater and controlled discharge of this water to a
receiving drainage system.
The lands required for the installation of stormwater sewers or drainage ditches or required along a natural watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against the hazard of flooding in accordance with Chapter 1 of Title 58 of the New Jersey Revised Statutes, the amendments thereof and supplements thereto.[1] A drainage right-of-way need not be limited, in the contemplation
of the Planning Board, to any one or single application for a subdivision.
Any permanent building or portion thereof designed or used
exclusively as the residence of one or more persons.
DWELLING, ONE-FAMILYA building which is completely surrounded by permanent open space occupied or intended for occupancy exclusively by one family, with cooking, sleeping and sanitary facilities for the use of the occupants of the dwelling unit; also referred to as a "single-family dwelling."
DWELLING, TWO-FAMILYA building occupied or intended for occupancy as separate living quarters for no more than two families, with separate access, cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit, which units are separated from each other by vertical walls to the underside of the roof or by horizontal floors; also referred to as a "duplex dwelling."
DWELLING, MULTIFAMILYA structure or building occupied or intended for occupancy as separate living quarters for more than two families, with separate cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit.
DWELLING, TOWNHOUSEA one-family dwelling in a row of units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire-resistant walls. For the purposes of this chapter, a townhouse dwelling unit may include a building or structure in fee simple, condominium, cooperative or leasehold ownership.
DWELLING, GARDEN APARTMENTOne or more multiple-family buildings with dwelling units located one above the other, and/or side-by-side units, containing off-street parking, outdoor recreation facilities, landscaped areas and other appurtenant facilities.
One or more rooms occupied or intended for occupancy as separate
living quarters by one family or household, provided that access is
directly from the outside or through a common hall and that separate
cooking, sleeping and sanitary facilities are provided within the
dwelling for the exclusive use of the occupants.
A nonbasement building built in the case of a building in
an area of special flood hazard to have the top of the elevated floor
or in the case of a building in a coastal high hazard area of the
elevated floor elevated above the ground level by means of piling,
columns (posts and piers), or shear walls parallel to the flow of
the water and adequately anchored so as not to impair the structural
integrity of the building during a flood of up to the magnitude of
the base flood. In an area of special flood hazard, "elevated building"
also includes a building elevated by means of fill or solid foundation
perimeter walls with openings sufficient to facilitate the unimpeded
movement of floodwaters. In areas of coastal high hazard, "elevated
building" also includes a building otherwise meeting the definition
of "elevated building" even though the lower area is enclosed by means
of breakaway walls.
To build, construct, attach, hang, place, suspend or affix,
and shall also include the painting or lettering or otherwise affixing
of any sign, insignia or letters to the outside wall of any building
or structure or part thereof.
The erection, construction, alteration or maintenance by
public utilities or municipal or other government agency of electrical,
gas, water transmission or distribution systems or collection, communication,
water supply or sewage treatment and collection systems, including
poles, wires, mains, drains, sewers, pipes, conduits, cables, fire
alarm boxes, police call boxes, traffic signals, light stanchions,
telephone lines, hydrants and other similar equipment and accessories
in connection therewith, reasonably necessary for the furnishing of
adequate services by such public utilities or municipal or other governmental
agencies for the public health, safety or general welfare, but not
including buildings.
One or more persons occupying a dwelling unit as a single
nonprofit housekeeping unit who are living together as a stable, permanent
living unit, being a traditional family unit or the functional equivalency
thereof.
An area of land which is organized as a management unit actively
devoted to agricultural or horticultural use, including, but not limited
to, cropland, pasture, idle or fallow land, woodland, wetlands, farm
ponds, farm roads and land under farm buildings and other enclosures
related to agricultural pursuits, which occupies a minimum of five
acres, exclusive of the land upon which the farmhouse is located and
such additional land as may actually be used in connection with the
farmhouse as provided in the Farmland Assessment Act of 1964. (N.J.S.A.
54:4-23.1 et seq.)
An establishment whose principal business is the sale of
prepared or rapidly prepared food directly to the customer in a ready-to-consume
state for consumption either within the restaurant building, in cars
on the premises, or off the premises.
[Amended 7-21-2015 by Ord. No. 1635]
A lot whose area, exclusive of its access drive, meets the
area requirement of the zoning provisions of this chapter, but whose
configuration is one of reduced frontage on an approved street (generally
a width sufficient for use as a driveway or future street), with the
enlarged buildable portion of the lot located at the rear of the lot
at the end of the access drive.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
or tidal waters; and/or the unusual and rapid accumulation or runoff
of surface waters from any source.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
The official report provided in which the Federal Insurance
Administration has provided flood profiles, as well as the flood boundary-floodway
map and the water surface elevation of the base flood.
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such state or local
regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
0.2 feet.
The sum of the gross horizontal areas of the several floors
of a building measured from the exterior face of exterior walls, or
from the center line of a wall separating two buildings.
The total of all floor areas of a building, excluding stairwells
and elevator shafts, equipment rooms, rest rooms; and all floors below
the first or ground floor, except when used or intended to be used
for human habitation or service to the public.
The gross floor area of all floors of building(s) compared
to the total area of the site.
Any sign which is not on or affixed to the exterior surface
of a building.
The front width between the two intersecting walls in a building
without dividing walls or partitions, multiplied by the height. In
a divided building, front facade shall mean the front width between
the side wall and dividing wall or between the two dividing walls,
as the case may be, multiplied by the height. In all instances, height
shall be assured to be 12 feet, herein adopted as a uniform standard
of height.
A detached accessory building designed to contain, and capable
of containing, no more than four motor vehicles, in which no business,
service, or industry is carried on. Where private garages are permitted
in various zoning districts, they are only permitted where they meet
all of the requirements of that district, as described in this Code.
[Amended 3-10-2004 by Ord. No. 1275]
Any building, structure, premises and land in which a business
or service involving the maintenance, servicing or repair of vehicles,
but not body repair of vehicles, is conducted or rendered.
A business establishment which conducts any one or more of
the following activities: sale or supply of motor fuel or lubricants
directly to motor vehicles from a pump or pumps located outside a
building on private property; service or repair of licensed or registered
vehicles; and sale of tires, batteries and other automobile parts
or accessories.
A comprehensive plan for the development of a planned development
pursuant to N.J.S.A. 40:55D-45 [MLUL].
[Added 12-17-2013 by Ord. No. 1579]
Any structure that is:
Listed individually in the National Register
of Historic Places (a listing maintained by the Department of Interior)
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical significance
of a registered historic district preliminarily determined by the
Secretary to qualify as a registered historic district;
Individually listed on state inventory of historic
places in states with historic preservation programs which have been
approved by the Secretary of Interior; or
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either by an approved state program as determined
by the Secretary of Interior or directly by the Secretary of Interior
in states without approved programs.
An activity which is incidental to the use of a dwelling
for residential purposes, and which is conducted as an accessory use
in the resident's dwelling unit.[2]
Any parcel of land or portion thereof, the boundary lines
of which can be ascertained by reference to the maps and records,
or either, in the office of the Tax Assessor of the Borough or the
office of the Bergen County Clerk.
An off-street space available for the loading and unloading
of goods and having direct usable access to the street or alley.
A parcel or portion of land separated from other parcels
or portions by description, as on a subdivision or record-of-survey
map, or by metes and bounds, for the purpose of sale, lease or separate
use.
The area of a lot expressed in square feet or acres. Any
portion of a lot included in a street shall not be included in calculating
lot area. However, any portion of a lot or lots dedicated to the Borough
by easement for other public use shall not be deducted from the calculation
of the lot area.
LOT, CORNERA parcel of land located at the junction of and abutting two intersecting streets or at the bend of the same street, where the angle of intersection does not exceed 135º.
LOT, INTERIORAny other lot than a corner lot.
LOT, THROUGHA parcel of land which extends through from one street to another.
A horizontal distance between the front and rear lot lines,
measured perpendicular or radial to the front lot line at the midpoint
of the lot frontage to the furthest distance thereof or taken as the
average of three measurements, one taken at each corner and one taken
at the midpoint, for irregularly shaped parcels.
The horizontal distance between the side lot lines, measured
along the front lot line.
Any line, including the street line, forming a portion of
the exterior boundary of a lot.
LOT LINE, FRONTThe line which separates the publicly owned or controlled street right-of-way from the private property which abuts upon the street, as distinct from a sidewalk line, curbline or edge-of-pavement line. On a street or highway shown on the adopted Master Plan of the Borough, the front lot line shall be considered to be the proposed right-of-way line for the street.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
The horizontal distance between side lot lines, measured
at the sixty-five-foot line.
[Amended 11-1-2011 by Ord. No. 1530]
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for the
parking of vehicles, building access or storage in an area other than
a basement is not considered a building's lowest floor, provided that
such enclosure is not built so to render the structure in violation
of other applicable nonelevation design requirements.
All subdivisions not classified as minor subdivisions.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. The
term "manufactured home" does not include a recreational vehicle.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
Any subdivision containing not more than three lots, provided
that such subdivision meets the following requirements:
[Amended 4-10-2002 by Ord. No. 1220]
Does not involve a planned development.
Does not involve any new street.
Will not adversely effect the development of
the remainder of the parcel or adjoining property.
Is not in conflict with any provision or portion
of the Master Plan, Official Map, and zoning provisions of this chapter
requiring a variance under the provisions of N.J.S.A. 40:55D-70, or
this chapter.
Does not involve the extension of any off-tract
improvement, the cost of which is to be prorated pursuant to Section
30 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-42).
To dig; to excavate; to remove; to grade, regrade, level
or otherwise alter or change the location or contour; to transport;
to supply. This term shall not be construed to include plowing, spading,
cultivating, harrowing or discing of soil, or any other operation
usually and ordinarily associated with the tilling of soil for agricultural
or horticultural purposes.
Structures for which the start of construction commenced
on or after the effective date of a floodplain regulations[3] adopted by a community and includes any such structures.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of the floodplain management regulations adopted by the municipality.
Any undesirable audible sound.
Any lawful use of a building, structure, land or lot that
does not conform to the regulations of this chapter for the district
in which it is located at the time of the adoption of the Zoning Ordinance,
or at the time of the adoption of any amendments or supplements thereto,
making it a nonconforming building, structure, land or lot.
[Amended 11-1-2011 by Ord. No. 1530]
An institution or a distinct part of an institution that
is licensed or approved to provide health care under medical supervision
for 24 or more consecutive hours for more than two residents who are
not related to the governing authority or its members by marriage,
blood, or adoption.
A map adopted in accordance with applicable law. Such a map
shall be deemed to be conclusive with respect to the locations and
widths of the streets, public parks and playgrounds and drainage rights-of-way
shown thereon.
An artificially constructed barrier of any material or combination
of materials with a surface which is more than 50% opaque.
Any organization established pursuant to this chapter, for
the ownership and maintenance of any open space for the benefit or
owners or residents of any residential cluster development.
Any person, firm, association, syndicate, copartnership or
corporation having sufficient legal or equitable interest in the lands
sought to be developed.
A space denoted by painted lines and used for the parking
of a motor vehicle outside of the street right-of-way. The term "parking
space" shall not include any aisle or driveway used for access.
Any security which may be accepted by the Borough, including
cash, provided that the Borough shall not require more than 10% of
the total performance guaranty in cash.
A set of criteria or limits relating to certain characteristics
that a particular use or process may not exceed.
A certificate issued by the Construction Official for the
construction, reconstruction, remodeling, alteration or repair of
a building upon approval of the submitted application and plans.
[Amended 2-21-2017 by Ord. No. 1697]
A certificate issued by the Construction Official upon completion
of the construction of a new building or addition, or upon a change
in the occupancy of a building, other than a dwelling unit as defined
herein or in the MLUL, which certifies that all requirements of this
chapter, or such adjustment therefrom which has been granted by the
appropriate approving authority, have been met and that the purpose
for which a building or land is to be used is in conformance with
the requirements of this chapter for the zone in which it is located.
[Amended 2-21-2017 by Ord. No. 1697]
Any use of land or buildings permitted by this chapter.
Any individual, firm, association, partnership or corporation,
or any group of two or more of them or anyone acting on behalf of
the person.
A business primarily engaged in rendering services involving
the care of a person or his or her personal goods or apparel, and
may include accessory retail sales of products related to the services
that are provided.
[Added 10-3-2022 by Ord. No. 1884]
The preliminary map indicating the proposed layout of the
subdivision which is submitted to the administrative officer of the
Planning Board for its consideration and tentative approval and meeting
the requirements of this chapter.
A building or structure or a piece or tract of land or real
estate, vacant or otherwise.
The primary or predominant use of a lot.
An institution of education whose general course work is
comparable to the public school system and whose curriculum is approved
by the New Jersey Department of Education or the New Jersey Department
of Higher Education.
The office of a dentist, physician, attorney, clergyman,
accountant, engineer, architect, professional planner, insurance agent,
real estate agent, or other generally recognized professional, or
a coworking space for such professionals.
[Amended 10-19-2021 by Ord. No. 1852]
The use of land and/or buildings by a municipal, county,
state or federal agency or authority.
One or more parcels of land or water within a planned residential
development site designed and intended primarily for the use and enjoyment
of the residents therein. Such areas may contain such complementary
structures and improvements for active or passive recreational pursuits
and uses for the benefit, enjoyment and use of the residents, owners
and occupants of the planned residential development only.
All vehicles designed for recreational uses or purposes,
including campers, mobile homes, boats, motorcycles, snowmobiles and
trailers for the transportation thereof.
A privately owned strip of land bounded on one side by a
street line right-of-way and the other side by the boundary of a lot.
A commercial establishment where food and drink are prepared,
served and consumed on premises, excluding, however, a fast-food restaurant
and a snack bar or refreshment stand at a public or community swimming
pool, playground or park operated in conjunction with and incidental
to such recreational facility for the sole convenience of its patrons.
The sale of goods or equipment in small parcels or quantities
directly to consumers.
A structure constructed and erected between lands of different
elevations to protect structures and/or to prevent erosion, and which
is minimally four feet in height.
The total width of a street, watercourse, utility alignment
or other way and within, under or over which all improvements and
rights of access are confined.
A building or group of buildings which is rented, leased,
and divided into individual units for the storage of files, goods,
materials, equipment, merchandise, or wares for residential, commercial,
or industrial tenants.
[Added 7-9-2003 by Ord. No. 1257]
A line parallel to a street line or lot line beyond which
a building does not project. The minimum yard requirements shall be
the minimum required setbacks. All setbacks from public streets shall
be measured from the proposed right-of-way as shown on the adopted
Master Plan.
A nonhabitable, detached accessory structure utilized for the storage of machinery, equipment or materials that shall not include the storage of vehicles, and shall not include the storage of any items utilized for a business, service or other industry. "Shed" shall have the meaning as set forth and contained in §§ 300-107B(6) and 300-121G(1).
[Added 11-1-2011 by Ord. No. 1530]
A triangular area at the quadrants of street intersections
where unobstructed visibility is maintained along the intersecting
street.
Any structure or part thereof, or device attached thereto
or painted or represented thereon, which displays or includes any
banner, letter, word, picture, drawing, model, flag, pennant, insignia,
logo, slogan, device or representation used as or in the nature of
identification, announcement, direction or advertisement. For the
purpose of this subsection, the word "sign" does not include a flag,
pennant or insignia of any church, nation, group of nations, state,
city or other governmental unit. In no event shall "sign" be construed
to mean any sign in the interior of any structure unless specifically
set forth in this subsection.
[Amended 6-20-2017 by Ord. No. 1709]
The computed area as the total square foot content of the
background upon which the lettering, illustration or display is presented,
including any frame but not base support. If there is no background,
the sign area shall be computed as the product of the largest horizontal
width and the largest vertical height of the lettering, illustration
or display. This shall not be construed to include the supporting
members of any sign which are used solely for such purposes. For signs
with two display faces, the maximum area requirement shall be permitted
on each side.
A line parallel to the street or road located sixty-five
feet from the side of the street or road. This line shall be equally
distant at all points from the street or road.
The degree of deviation of a surface from the horizontal,
expressed in percent or degree. Slope calculations shall be based
on elevation intervals of 10 feet. For example, a deviation of 10
feet in surface elevation within a horizontal or linear distance of
100 feet equates to a 10% slope.
Any earth, topsoil, sand, clay, loam, gravel, humus, rock
or dirt, without regard to the presence or absence therein of organic
matter.
Substantial improvement and the date the building permit
was issued, provided the actual start of construction, repair, reconstruction,
placement, or other improvement was within 180 days of the permit
date. The actual start means either the first placement of permanent
construction of a structure on a site such as the pouring of a slab
or footings, the installation of piles, the construction of columns,
or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not
include land preparation, such as clearing, grading and filling nor
does it include foot walkways; nor does it include excavation for
a basement, footings, piers, or foundations or the erection of temporary
forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure.
That portion of a building between the surface of any floor
and the surface of the floor above it or, if there is no floor above
it, then the space between the surface of the floor and the ceiling
above it. A basement shall be considered a story where the finished
surface of the floor above the basement is more than four feet above
the finished ground level for more than 50% of the total first-floor
building perimeter, excluding attached garage structures that are
not part of the main building massing, detached garages, patios, terraces
and decks or if the finished surface of the floor above the basement
is more than 12 feet above the finished ground level at any point.
[Amended 12-18-2007 by Ord. No. 1393]
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 head room of
five feet or less occupies at least 40% of the total floor area of
the story directly beneath. This space shall not be habitable.
[Amended 12-18-2007 by Ord. No. 1393]
Any street that collects and distributes traffic to and from
collector streets and whose routes are intended to carry a heavy volume
of traffic.
A street that collects traffic from minor streets and connects
to arterial streets and highways, including the principal entrance
streets of a residential or industrial development and streets for
circulation within such a development.
Those streets dedicated or deeded for public use and constructed
according to Borough regulations and duly accepted by the Borough.
The edge of the existing or future street right-of-way, whichever
is wider, as shown on an adopted Master Plan or Official Map, or as
required by this chapter, forming the dividing line between the street
and the lot. Where title to land extends into or to the center of
a street, the right-of-way line shall nevertheless be deemed to be
the street line.
Those streets which are parallel and to adjacent to arterial
streets and highways and which provide access to abutting properties
and protection from through traffic.
[Amended 7-21-2015 by Ord. No. 1635]
A street which is designed to provide vehicular access to
abutting properties and to discourage through traffic.
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land. Structures shall include walls in excess of four
feet in height, swimming pools, and tennis courts, whether enclosed
or not.
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.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which exceeds 50% of the market value
of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage
regardless of the actual repair work performed. The term does not,
however, include either any project for the improvement of a structure
to correct existing violations of state or local health, sanitary
or safety code specifications which have been identified by the local
Code Enforcement Officer and which are the minimum necessary to assure
safe living conditions; or any alteration of an historic structure,
provided that the alteration will not preclude the structure's continued
designation as an historic structure.
A medical office that provides outpatient surgical services.
[Added 4-5-2016 by Ord.
No. 1668]
That part of the site or lot that is covered by buildings,
parking areas, driveways, pools, walkways, or paved ancillary surfaces
such as patios, tennis courts, and similar structures or surfaces
that have otherwise been compacted or covered with a permanent layer
of material.
[Added 10-19-2010 by Ord. No. 1498]
A building containing not more than five townhouse units
in any one structure.
One or more lots. Existing streets shall not be included
in calculating the area of the tract.
An open area of land designed for and devoted to recreational
purposes, e.g., park land, sports fields, playgrounds, swimming pools,
etc.
The specific purpose for which land or a building, structure
or facilities is designed, arranged or intended, or for which it is
or may be occupied or maintained.
Services including but not limited to sewage treatment, water
supply, gas, electric, telephone and cable television.
A building use primarily for the storage of goods and materials.
By way of example, but not by way of limitation, underground
wells, well houses, pumping stations, aboveground and below-ground
water storage tanks, piping, valves, controls, auxiliary power sources,
on-site storage of materials required for potable water treatment,
related structures, including pump houses and vehicular access driveways
thereto, together with ancillary equipment including but not limited
to lighting, security cameras, and antennas, that are used by water
utility companies, as public utilities, as the term is defined in
N.J.S.A. 48:1-13.
[Added 2-21-2012 by Ord. No. 1536]
Those areas as defined by the Freshwater Wetlands Protection
Act, N.J.S.A. 13:9B-1 et seq.
The sale of goods or equipment in large parcels or quantities
generally to retailers who in turn sell to consumers.
Any opening in the exterior wall or roof of any building
for the purpose of admitting air or light, whether or not covered
with glass, plastic or other covering.
A sign located on the inside of a window, or a sign being
visible from the exterior, or a sign secured to the outside face of
a window. For purposes of determining the permitted area of a window
sign, the aggregate window area of all windows on the façade
of the business that is posting the window sign shall be included.
Coloring or tinting of windows, or a pattern on a window that does
not include an announcement, direction or advertisement, shall not
be considered a window sign, but the area covered by such coloring,
tinting or pattern shall be included in determining the aggregate
window area.
[Added 6-20-2017 by Ord.
No. 1709]
The aggregate square footage of all windows of any given
side and any given story of any building, regardless of the angle
or angles at which they are set. In computing window space, there
shall be included all portions of any door which, if part of a wall,
would constitute a window.
An open space which lies between the principal or accessory
building or buildings and the nearest lot line and is unoccupied and
unobstructed from the ground upward, except as provided by this chapter.
YARD, FRONTThe area extending across the full width of the lot, between any building and the front lot line, and measured perpendicular to the building at the closest point to the front lot line.
YARD, REARThe open space extending across the full width of the lot between the principal building and the rear lot line, and measured perpendicular to the building and the closest point of the rear lot line. The rear yard setback shall be parallel to the rear lot line.
YARD, SIDEAn open space extending from the front yard to the rear yard from the principal building and the side lot line and measured perpendicular from the side lot line closest to the principal building.
[1]
Editor's Note: Repealed by L. 1945, c. 22.
See N.J.S.A. 58:1A-1 et seq.
[2]
Editor's Note: The former definition of "impervious coverage,"
which immediately followed this definition, was repealed 10-19-2010
by Ord. No. 1498. See now the definition of "total coverage."
[3]
Editor's Note: See Art. IX, Floodplain Management.
