A. 
Word usage. For the purpose of this chapter, unless the context clearly indicates a different meaning, the term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action. Words used in the present tense include the future tense, the singular usage includes the plural usage, and the plural usage includes the singular usage.
B. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
ADMINISTRATIVE OFFICER
The Secretary to the Leonia Planning Board for any application before the Planning Board, and the Secretary to the Leonia Board of Adjustment for any application before the Board of Adjustment.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit when provided for by statute, ordinance or regulation.
APPROVING AUTHORITY
The Leonia Planning Board or the Leonia Board of Adjustment, as the case may be, as hereinafter provided in Article III.
BOARD
The Leonia Planning Board.
COMMON OPEN SPACE
An open space area within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development. "Common open space" may contain such complementary structures and improvements as are necessary and appropriate to the use or enjoyment of residents and owners of the development.
COMPLETE APPLICATION
An application form completed as specified by ordinance and the rules and regulations of the approving authority and all accompanying documents required by ordinance for approval of the application for development, including, where applicable, but not limited to a site plan or subdivision plat, provided that the approving authority may require such additional information not specified in the ordinance or any revisions 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. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency. An application shall be certified as complete immediately upon the meeting of all requirements specified in the ordinance and in the rules and regulations of the approving authority and shall be deemed complete as of the date it is so certified by the administrative officer for purposes of the commencement of the time period for action by the approving authority.
CONDITIONAL USE
A use permitted in a particular zoning district only upon 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 Chapter 290, Zoning, and upon the issuance of an authorization therefor by the Planning Board.
CONVENTIONAL
Development other than planned development.
COUNTY MASTER PLAN
A composite of the Master Plan for the physical development of Bergen County with the accompanying maps, plats, charts and descriptive explanatory matter adopted by the Bergen County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.
COUNTY PLANNING BOARD
The Bergen County Planning Board.
DAYS
Calendar days.
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 or 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 or land or extension of use of land for which permission may be required by statute, ordinance or regulation.
DRAINAGE
The removal of surface water or underground water from land by drains, grading or other means, and includes control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice and gravity.
FINAL APPROVAL
The official action of the approving authority 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.
GOVERNING BODY
The Mayor and Council of the Borough of Leonia.
HISTORIC SITE
Any real property, man-made structure, natural object or configuration, or any portion or group of the foregoing which have been formally designated in the Master Plan and by ordinance pursuant to the provisions of this chapter, as being of historical, archaeological, cultural, scenic or architectural significance.
[Amended 3-18-1996 by Ord. No. 1214]
INTERESTED PARTY
Any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property under this chapter or any law of this state or of the United States has been denied, violated or infringed upon by an action or failure to act under this chapter.
LAND
Includes improvements and fixtures on, above or below the surface.
LOT
A designated parcel, plot, tract or area of land established by a plat or otherwise as permitted by law to be used, developed or built upon as a unit.
MAINTENANCE GUARANTY
Any security, other than cash, which may be accepted by the municipality for the maintenance of any improvements required by this chapter.
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision.
MASTER PLAN
The composite of one or more written or graphic proposals for the development of the Borough of Leonia by the Leonia Planning Board pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-28).
MINOR SUBDIVISION
Any subdivision containing not more than three lots, provided that such subdivision does not involve a planned unit development, any new street, or the extension of any off-tract improvement, the cost of which is to be pro rated pursuant to N.J.S.A. 40:55D-42.
[Amended 4-3-1989 by Ord. No. 1079]
MUNICIPALITY
The Borough of Leonia.
NONCONFORMING LOT
A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of Chapter 290, Zoning, but which 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 was lawful prior to the adoption, revision or amendment of Chapter 290, Zoning, but which 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 which was lawful prior to the adoption, revision or amendment of Chapter 290, Zoning, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
OFFICIAL COUNTY MAP
The map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Bergen County Board of Chosen Freeholders pursuant to the provisions of N.J.S.A. 40:27-5.
OFFICIAL MAP
The map adopted by ordinance of the Leonia Mayor and Council pursuant to the provisions of N.J.S.A. 40:55D-32 et seq.
OFF SITE
Located outside the lot lines of the lot in question but within the property of which the lot is a part, which property is the subject matter of a development application or on the contiguous portion of a street or right-of-way.
OFF TRACT
Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
ON SITE
Located on the lot in question.
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.
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, 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.
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 the provisions of N.J.S.A. 40:55D-12.
PERFORMANCE GUARANTY
Any security which may be accepted by the municipality, including cash, provided that the municipality shall not require more than 10% of the total "performance guaranty" in cash.
PERSON
Any individual, firm, association, partnership, corporation, syndicate, copartnership, trust or other legal entity.
PLANNED COMMERCIAL DEVELOPMENT
When permitted by ordinance or variance, an area of a minimum contiguous size as specified in Chapter 290, Zoning, to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses or both.
PLANNED DEVELOPMENT
When permitted by ordinance or variance, planned unit development, planned residential development, residential cluster or planned commercial development.
PLANNED UNIT DEVELOPMENT
When permitted by ordinance or variance, an area with a specified minimum contiguous acreage to be developed as a single entity, according to a plan, containing one or more residential clusters or planned residential development and one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in Chapter 290, Zoning.
PLANNED UNIT RESIDENTIAL DEVELOPMENT
When permitted by ordinance or variance, an area with a specified minimum contiguous acreage of five acres or more to be developed as a single entity, according to a plan, containing one or more residential clusters, which may include appropriate commercial or public or quasi-public uses, all primarily for the benefit of the residential development.
PLAT
A map or maps of a subdivision or site plan.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-46, 40:55D-48 and 40:55D-49) prior to final approval after specific elements of the development plan have been agreed upon by the approving authority and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory stages of design of a project illustrating, in a schematic form, its scope, scale and relationship to its site and immediate environs.
PUBLIC AREAS
Includes:
(1) 
Public parks, playgrounds, trails, paths and other recreational areas.
(2) 
Other public open spaces.
(3) 
Scenic and historic sites.
(4) 
Sites for schools and other public buildings and structures.
PUBLIC DRAINAGEWAY
Land reserved or dedicated for installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.
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 the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so to combine existing lots by deed or other instrument.
SEDIMENTATION
The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway or which is shown upon a plat heretofore approved pursuant to law or which is approved by official action as provided by the Municipal Land Use Law or which is shown on a plat duly filed and recorded in the Bergen County Clerk's office 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
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.
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 or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size.
(2) 
Divisions of land by testamentary or intestate provisions.
(3) 
Divisions of land 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 or persons and all of which are found and certified by the administrative officer 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 or Atlas of the municipality.
TRANSCRIPT
A typed or printed verbatim record of the proceedings or reproduction thereof.
VARIANCE
Permission to depart from the literal requirements of Chapter 290, Zoning, pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-40, 55D-60 and 55D-70).