Unless the context otherwise indicates, the following definitions shall be used in the interpretation and construction of this Part 4. Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word "building" includes the word "structure"; the word "person" includes a corporation as well as an individual; the word "lot" includes the word "plot"; the word "occupied" includes the words "designed or intended to be occupied"; the word "used" includes the words "arranged, designed, constructed, altered, converted, rented, leased or intended to be used"; the word "abut" includes the words "directly across from"; and the word "shall" is mandatory and not optional.
Except as otherwise provided herein, all definitions promulgated in the ordinance of the Borough of Ridgefield establishing a Planning Board and a Zoning Board of Adjustment pursuant to the provisions of Chapter 291 of the Laws of New Jersey 1975; providing for the powers of said Boards; fixing the procedures governing applications to said Boards and appeals therefrom; and providing for the continuance of existing ordinances (Ord. No. 1050)[1] or any other development regulation of the Borough of Ridgefield, as amended, supplemented and revised, are hereby incorporated and made a part of this Part 4.
[1]
Editor's Note: See Part 2, Land Use Procedures, of this chapter.
Whenever a term is used in this Part 4 which is defined in N.J.S.A. 40:55D-3 through 55D-7, such term is intended to have the meaning set forth in the definition of such term found in said statute, unless a contrary intention is clearly expressed from the context of this Part 4.
In addition to the definitions established in § 390-123 herein, the following definitions are also made a part of this Part 4:
ABUTTING COUNTY ROAD
Any existing or proposed county road, shown on the adopted County Master Plan or Official Map, which adjoins a lot or parcel of land submitted for subdivision or site plan approval.
ACCELERATION LANE
Added pavement width at an intersection or other point of access to a public or private street, designated to enable vehicles entering the roadway to attain a speed which will allow entering vehicles to merge safely with through traffic.
ADVERSE DRAINAGE CONDITION
The absence or presence of drainage facilities or drainage easements in a drainageway leading to, along or through a street, road, drainage structure or to private property, either within or exterior to a proposed subdivision or site plan, of such location, size, design, construction or condition which will not provide adequately for storm drainage or which will cause flooding, erosion, silting or other damage effects to a street or road or drainage structure or private property or which threatens to damage private property as a result of such adverse storm drainage condition.
BRIDGE
A structure having a clear span in excess of 20 feet, designed to convey vehicles and/or pedestrians over a watercourse, railroad, street or other obstacle or depression.
CULVERT
A structure designed to convey a watercourse under a driveway, road, railroad or pedestrian walk, not incorporated in a closed drainage system and having a clear span of 20 feet or less.
DECELERATION LANE
Added pavement width at an intersection or other point of access from a public or private road, designed to enable vehicles leaving the street or roadway to make the necessary reduction in speed without interfering with the free movement of through traffic.
DEDICATION FOR ROAD PURPOSES
A dedication of land to the Borough or county, whichever is applicable, for the installation of utilities or the construction, widening, repairing, maintaining or improving of said road and for the construction, reconstruction or alteration of facilities related to the safety, convenience or carrying capacity of said road, including curbing, pedestrian walkways, drainage facilities and traffic control devices.
DRAINAGE RIGHT-OF-WAY or DRAINAGE EASEMENT
The land required for the installation and/or maintenance of stormwater sewers, culverts, bridges, drainage ditches or a watercourse for preserving the channel and/or providing for the flow therein.
DRIVEWAY
A means of access for vehicles to or from a property to a roadway.
MAINTENANCE GUARANTY
Any security, other than cash, which may be accepted by a municipality for the maintenance of any improvements required by N.J.S.A. 40:55D-3 through 55D-7.
OFFICIAL COUNTY MAP
The map adopted by resolution of the Board of Chosen Freeholders of the county pursuant to N.J.S.A. 40:27-5, as may be amended and supplemented.
OFFICIAL MAP
The map adopted by ordinance by the governing body of the Borough of Ridgefield pursuant to N.J.S.A. 40:55D-32 et seq., as may be amended and supplemented.
PARTY IMMEDIATELY CONCERNED
For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under Section 7.[1]
PERFORMANCE GUARANTY
Any security that is acceptable to the Borough of Ridgefield which may be accepted in lieu of a requirement that certain improvements be made before the granting of approval of a site plan, provided that not more than 10% of the total performance guaranty shall be required to be paid in cash, and further provided that the total amount of the performance guaranty shall not exceed the provisions of N.J.S.A. 40:55D-53a(1).
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.
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.
SIGHT TRIANGLE
A triangular-shaped easement established at intersections in accordance with the requirements of this Part 4, in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to obstruct vision between a height of two feet six inches above the center-line grade of either street. The Borough shall have the right of entry to remove any obstruction to vision within the sight easement area not conforming to the standard of this definition, following due notice to the property owner.
SITE PLAN
A development 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; 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 and screening devices; and any other information that may be reasonably required in order to make an informed determination pursuant to an ordinance requiring review and approval of site plans by the Planning Board adopted pursuant to N.J.S.A. 40:55D-37 et seq.
WATER BODY
Any natural or artificial collection of water, whether permanent or temporary.
WATERCOURSE
Any natural swale, ditch, gully, stream, brook or river wherein water flows ordinarily, frequently or infrequently but not necessarily continuously. This definition includes watercourses which have been artificially treated, realigned or improved.
[1]
Editor's Note: See Section 7 of the Municipal Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq).