ADULT BOOKSTORE -- Any business or business operation which sells, distributes or otherwise conveys any obscene materials described in the definition of "obscene" herein.
OBSCENE -- That which to the average person applying contemporary community standards, when considered as a whole, has as its dominant theme or purpose an appeal to the prurient interest. Any magazine, picture, drawing, photograph or other publication and any mechanical or electronic gadget, implement or device designed to sexually stimulate shall be obscene within the meaning of this article, if it is established that:
A. The dominant theme of the material taken as a whole appeals to the prurient interest;
B. The material is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters; and
C. The material is utterly without redeeming social value or the work taken as a whole lacks serious artistic, literary, political or scientific value.
PERSON -- Any individual, firm, corporation, partnership or any other type or form of business which may be conducted in this state.
RETAILER -- Any person who operates a store, newsstand, booth, concession or similar business with unimpeded access for persons under 18 years old, who is in the business of making sales of periodicals of other publications at retail containing pictures, drawings or photographs.
PERSON -- An individual, proprietorship, partnership, corporation, association, or other legal entity.
SEXUALLY ORIENTED BUSINESS
A. A commercial establishment which as one of its principal business purposes offers for sale, rental or display any of the following: 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 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 the depiction of a specified sexual activity or specified anatomical area or instruments, devices or paraphernalia which are designed for use in connection with a specified sexual activity; or,
B. 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 film, motion pictures, video cassettes, slides or other photographic representations which depict a specified sexual activity or specified anatomical area.
SPECIFIED ANATOMICAL AREA
A. 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
B. Human male genitals in a discernibly turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITY
A. The fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breast; or
B. Any actual or simulated act of human masturbation, sexual intercourse or deviate sexual intercourse.
COMPLETE APPLICATION - An application form, fees and accompanying maps and documents as required in Article IV hereunder. Additional information or revisions may be required by the reviewing agency, but the application shall not thereby be deemed incomplete.'
DEVELOPER - The legal or beneficial owner or owners of a lot or any parcel of 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 (2) or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining, excavation or landfill and any use or change in the use of any building or other structure or land or extension of use of land or any other alteration on a site for which permission may be required pursuant to the Municipal Land Use Law.
DRAINAGE - The removal of surface water or groundwater from any land by drains, grading or other means and includes control of runoff to minimize erosion and sedimentation during and after construction of development and means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE RIGHT-OF-WAY - The land required for the installation of stormwater sewers or drainage ditches or required for drainage purposes along a natural stream or watercourse or other body of water.
FINAL APPROVAL - The official action of the approving agency taken on a preliminary approval 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.
LOT - A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
MASTER PLAN - A composite of the mapped and written proposal recommending the physical development of the borough which shall have been duly adopted by the Borough Planning Board.
MINOR SITE PLAN - The development plan of an enlargement of an existing building by not over fifty percent (50%) or an alteration to existing driveways and parking areas and related site improvements, with no change to public improvements, such that a showing of full site plan data is not needed, as determined by the Building Code.
OFFICIAL MAP - A map adopted in accordance with N.J.S.A. 40:55D-32 et seq. or any prior act authorizing such adoption. Such a map shall be deemed conclusive with respect to the location, width and extent of streets and other areas shown thereon, as provided in N.J.S.A. 40:55D-32.
OFF-SITE - Located outside the lot lines of the lot in question but within the property of which the lot is a part which is the subject of the development application, or a continguous 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 continguous portions of a street or right-of-way.
OFF-TACT AND OFF-SITE IMPROVEMENT - Improvement outside the tract or site in question, respectively, to accommodate conditions generated on the tract or site as a result of the proposed development, which shall include but not be limited to the installation of or improvements to water, sewer, drainage and street improvements.
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 continguous portion of a street or right-of-way.
OWNER - Any individual, firm, association, syndicate, copartnership or corporation having sufficient propriety interest in the land sought to be developed to commence and maintain proceedings to develop the same under this chapter.
PERFORMANCE GUARANTY - Any security which may be accepted in lieu of a requirement that certain improvements be made before the Planning Board or governing body approves a site plan, including performance bonds, escrow agreements and other similar collateral or surety agreements.
PRELIMINARY APPROVAL - The conferral of certain rights pursuant to Article II of this chapter prior to final approval after specific elements of a development plan have been agreed upon by the approving agency and the applicant.
SITE PLAN - The development plan of one (1) or more lots on which is shown:
A. The existing and proposed conditions of the lot, including but not necessarily limited to topography. vegetation, drainage, floodplains, marshes and waterways.
B. The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping structure and signs, lighting and street devices.
C. Any other information that may be reasonably required in order to make an informed determination pursuant to the standards and criteria set forth in this chapter for review and approval of site plans.
STREET - Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway, or a street or way shown upon a plat heretofore approved pursuant to law, or which is approved by official action as provided by N.J.S.A. 40:55D-1 et seq., or a street or way 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, sidewalks, parking areas and other areas within the street lines.
ABUT - Immediately adjacent to, contiguous to and not separated by any space. Properties shall not be deemed to abut if separated by an improved accepted road unless otherwise specifically stated.
ACCESSORY BUILDING OR USE - A building or use that is on the same lot as and subordinate to and under the same ownership or control as and used for the purposes customarily incidental to the use of the main building.
ADJOIN - See 'abut.'R
ALL-WEATHER SHELTER - A removable structure or device of whatever material, constructed and however supported, whether by air or otherwise, designed or used primarily as a covering to permit the use of a private swimming pool or other recreational facility during seasons of the year other than what is normally considered the normal season, and shall not mean a permanent structure as part of the main building or as a permanent accessory building.
AREA - The surface of a lot, building or structure measured on a horizontal plane.
ASSISTED LIVING RESIDENCE - A facility which is licensed by the New Jersey Department of Health to provide apartment-style housing and common dining, and at least minimum health services which needed to assist residents over the age of 55 in activity of daily living. Each unit shall offer at a minimum at least one room, bathroom, and a kitchenette, and at a maximum two bedrooms, two baths, living room, dining area and kitchen. [Added 2-24-1998 by Ord. No. 98- 12]
ATRIUM HOUSE - An attached dwelling unit that is designed to form a private yard through the use of building walls and fencing. (Added 10-18-1988 by Ord. No. 88-32; amended 3-12-1991 by Ord. No. 91-1]
BASEMENT - That portion of a building which is partly below and partly above grade and having at least 1/2 its height above grade.
BILLBOARD - See 'sign, advertising.
BUILDABLE AREA - The portion of a lot re after the required yard and setbacks and required planted and buffer areas have been provided.
BUILDING - Any roofed structure for the support, shelter or enclosure of persons, animals, chattels or property of any kind. A structure divided by unpierced masonry walls extending from the ground to the roof shall be deemed to be separate 'buildings.'
BUILDING, AREA OF - For purposes of determining building coverage, the 'area of the building' shall be the projected area (projected on a horizontal plane) of the outer extremities of the structure, including, by way of example, as part of the structure in determining said outer extremities the foundation, roofs, protruding floors, any overhangs and the floors of any structures not having a roof However, eave overhangs of not more than two feet and bay windows without foundation are allowed as not comprising part of the building coverage. [Amended 5-8-1984 by Ord. No. 84-7]
BUILDING HEIGHT - The vertical distance from the mean grade measured six feet from the building to the top of the highest ridge or roof beams. Mean grade is measured six feet from the building and is calculated as the average grade. [Amended 5-10-1988 by Ord. No. 88-11; 7-12- 1988 by Ord. No. 88-21; 10-18-1988 by Ord. No. 88-32; 3-12-1991 by Ord. No. 91-1; 4-9-1991 by Ord. No. 91-16]
BUSINESS - Any mercantile or service activity, pursuit, occupation or employment conducted for compensation, either at wholesale or retail, but not including the practice of a profession, unless the person practicing such profession is assisted by more than two employees, assistants or associates, and not including the operation of duly organized or incorporated membership clubs not operated for profit.
CELLAR - That portion of a building which is partly or completely below grade and having at least one-half (1/2) its height below grade
COAH - The New Jersey Council on Affordable Housing. (Added 11-23-1993 by Ord. No. 93- 26]
CONDITIONAL USE - A use permitted in a particular zone 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 this Zoning Ordinance and upon the issuance of an authorization therefor by the Planning Board
CUSTOM WOW SHOP FOR - A business premises used for the making of clothing, millinery, shoes or other personal articles to the individual order and measure, for sale at retail on the premises only, and not including the manufacture of ready-to-wear or standardized products.
DECORATIVE SIGN BASE -- A cladding or other material affixed to the support structure of a freestanding sign. [Added 11-12-2002 by Ord. No. 02-30]
**Webmasters Note: The previous definition has been added as per Ordinance No. 02-30.
DENSITY, ADJUSTED GROSS - The total number of units in a development divided by the number of acres of land in a development after deducting for the area of watercourses, the area within the one-hundred-year floodplain , the area within wetlands, areas with slopes exceeding twenty-five percent (25%) and areas with the depth to bearing soils greater than eight (8) feet. For purposes of this chapter, the delineation of wetlands shall be as shown on the National Wetland Inventory Maps, as established or modified by a United States Army Corps of Engineers' permit or New Jersey Department of Environmental Protection and Energy permit, together with whatever buffers are required by the relevant agency involved. The area within the one hundred-year floodplain shall be that shown on New Jersey State Flood Hazard Areas Maps or as may be determined by a New Jersey Department of Environmental Protection and Energy stream encroachment permit. [Added 10-18-1988 by Ord. No. 88-32; amended 3-12-1991 by Ord. No. 91-1]
DENSITY, NET - The number of dwelling units per acre on that portion of a tract specifically devoted to a development, including streets, parking areas, driveways, yards and other open areas, but excluding areas to be set aside for common open space or public areas which exceed one hundred (100) feet in width. For the purpose of this chapter, when a development adjoins common or public open space areas, the area of development shall be delineated by measuring the minimum setback from buildings and parking lots. [Added 10-18-1988 by Ord. No. 88-32; amended 3-12-1991 by Ord. No. 91-1]
DEVELOPMENT FEES - Money paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted in COAH's rules. [Added 11-23-1993 by Ord. No. 93-26]
DUMP - A lot or land or part thereof used primarily for disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose of garbage, ashes, refuse, offal, sewage, trash, junk, discarded machinery, vehicles or parts thereof, organic waste, such as tree limbs, logs or other vegetative, or waste material of any kind.
DUPLEX - A two-family dwelling unit or two (2) attached one-family dwelling units. [Added 10-18-1988 by Ord. No. 88-32; amended 3-12-1991 by Ord. No. 91-1]
DWELLING - A building designed for or used in whole or in part as the home residence or sleeping place of one (1) or more families.
DWELLING, MULTIPLE - A residence containing three (3) or more dwelling units. This is not a permitted use in any district. [Amended 11-24-1992 by Ord. No. 92-23]
DWELLING, ONE-UNIT - A detached dwelling house designed to be used as a residence and used for a one unit residential dwelling. There shall be only one (1) distinct set of living facilities. [Amended 5-8-1984 by Ord. No. 84-7; 11-24-1992 by Ord. No. 92-23]
DWELLING, TWO-FAMILY - A single detached dwelling having two (2) distinct sets of kitchen and living facilities and designed or used to house two (2) unit dwellings. There shall be two (2) separate entrance doors, one (1) to each dwelling unit of the structure. This definition applies to two-unit dwellings as permitted in the R-2F Zone. [Amended 5-8-1984 by Ord. No. 84-7; 11-24-1992 by Ord. No. 92-23]
DWELLING UNIT - One (1) room or connecting rooms constituting a separate independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly or longer basis, and containing independent cooking, bathroom and sleeping facilities.
EQUALIZED ASSESSED VALUE - The value of a property determined by the Municipal Tax Assessor through a process designed to ensure that all property in the borough is assessed at the same assessment ratio or ratios required by law. Estimates at the time of building permit may be obtained by the Tax Assessor utilizing estimates for construction cost. Final equalized assessed value will be determined at project completion by the Municipal Tax Assessor. [Added 11-23- 1993 by Ord. No. 93-26]
ERECT - To construct, make, build, alter, remodel or create, including the moving, removing and assembling of any structure or part thereof.
EXISTING - Any structure or use that was in existence on the effective date of this chapter.
FAMILY - A group of persons living together as a single, nonprofit housekeeping unit.
FAMILY MAUSOLEUM - A building or structure for the interment of the dead having less than ten (10) crypts.
FLOOR AREA RATIO - The total building floor area on a lot divided by the total area of that lot. 'Building floor area is defined as the sum of the gross area of each floor of a building or buildings on a lot measured from the exterior faces of exterior walls. For the purpose of this definition, 'building floor area' shall include the gross floor area only of stories above grade, as defined in the New Jersey State Uniform Construction Code, in residential structures, but shall include the gross floor area of all stories whether above or below grade for all other uses, The floor area of habitable attics and mezzanines, as defined in the New Jersey State Uniform Construction Code, shall be included in the building floor am calculations in all zones. [Added 7- 12-1988 by Ord. No. 8821; amended 10-18-1988 by Ord. No. 88-32; 3-12-1991 by Ord. No. 91-1; 4-9-1991 by Ord. No. 91-16; 7-14-1992 by Ord. No. 92-18]
GARAGE, PRIVATE - An accessory building for the storage of motor vehicles not used in any way as a place of business.
GARAGE, PUBLIC - A building devoted to the business of repairing, storing and servicing of motor vehicles.
GASOLINE STATION - See 'service station.'
GRADE - The average grade of the intersections of lines drawn six (6) feet outside the building face.
HOME OCCUPATION:
A. A workplace such as the home of a resident architect engineer, teacher or dressmaker, provided that not -ore than fifteen percent (15%) of the habitable floor space of the building is devoted to such occupation, and provided further that not more than two (2) persons are employed on the premises at the same time who are not members of the family of the resident person practicing such occupation, but not including medical or dental practitioners.
B. For the purposes of this definition, a teacher shall be restricted to a person giving individual instruction in a musical instrument, in singing or in academic or scientific subjects to not more than four (4) pupils at a time. A home professional office shall not include the office of any person professionally engaged in the purchase, manufacture or sale of goods kept or displayed on the premises. By way of illustration and not by way of limitation, dancing instructions, band instruments or voice instruction in groups, tearooms, tourist homes, beauty parlors, barbershops, hairdressing and manicuring establishments, convalescent homes, mortuary establishments, automobile and mechanical repairs, real estate offices, travel agents, photo studios, stores, trades or business of any kind not herein excepted shall not be deemed to be 'home occupations.
HOTEL - The only type of hotel that is permitted by this chapter shall consist of a single building of at least two (2) separate stories above ground level containing at least sixty (60) sleeping rooms, exclusive of public rooms and bathrooms, and containing at least one (1) restaurant within the building used in the business of furnishing sleeping and eating accommodations to the general public and in all other respects constructed in accordance with all requirements of this Chapter.
INDUSTRY - The conversion of raw, semifinished or finished materials into products of another character, form, use or finish.
INDUSTRY, NON-NUISANCE - Any industry which is not detrimental to the environment in which it is located by reason of the emission of smoke, noise, odor, dust, vibrations, radioactivity, toxic materials or excessive light beyond the limits of its lot or by reason of generating excessive traffic with attendant hazards, and which does not include any open storage yard or outdoor processing materials.
JUNKYARD - A lot, land or structure or part thereof used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or other scrap or discarded material; or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof.
LOADING SPACE, OFF-STREET - Space logically and conveniently located for bulk pickups and deliveries and accessible to vehicles when required off-street parking spaces are filled. Required 'off-street loading space' is not to be included as off-street parking space in computation of required off-street parking space.
LOT - A parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREA - The total horizontal area included within lot lines.
LOT, CORNER - A lot bounded on two (2) or more consecutive sides by street lines which meet or intersect so as to form an interior angle of one hundred thirty-five degrees (135) or less.
LOT COVERAGE - The area of a lot covered by buildings and paved surfaces, including but not limited to sidewalks, roads, parking lots and drives, whether constructed of asphalt, compacted stone, flagstone, brick, concrete or similar material. [Amended 10-18-1988 by Ord. No. 88-32; 3-12-1991 by Ord. No. 91-1]
LOT, DEPTH OF - The mean distance between the front street line and the rear line.
LOT FRONTAGE - The portion nearest the street For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered 'frontage,' and yards shall be provided as further required in this chapter.
LOT, INTERIOR - A lot bounded on only one (1) side by a street line with no angle in said line having an interior angle of one hundred thirty-five degrees (135) or less.
LOT LINE - Any boundary line of a lot
LOT LINE, REAR - The lot line opposite and most nearly parallel with the front street line. In the case of a corner lot, the 'rear line' of the lot may be elected by the owner, provided that it is indicated on any application for a building permit
LOT LINE, SIDE - The lot line connecting the front street line and the rear line of the lot or, in the case of a through lot, the lot line connecting the street lines. Any lot line not a rear line or a front line shall be deemed a 'side line.' In the case of a corner lot, the 'side line of the lot may be elected by the owner, provided that it is indicated on any application for a building permit'
LOT, THROUGH - A lot bounded on two (2) or more nonconsecutive sides by street lines.
LOT WIDTH - Measured by a straight line connecting the sides of the lot at the required minimum front setback line or, on a curved street or cul-de-sac, the arc length of a line parallel to the street line connecting the sides of the lot at the required minimum front setback line.
LOWER-INCOME UNIT - A low-income unit or moderate income unit, as defined in this chapter. Unless otherwise specified, lower-income unit shall refer to an equal proportion of low- and moderate-income units. [Added 10-181988 by Ord. No. 88-32; amended 3-12-1991 by Ord. No. 91-1]
LOW-INCOME UNIT - A unit which is subject to affordability controls and is occupied or reserved for occupancy by households with a gross household income equal to fifty percent (50%) or less than the median gross household income established by the United States Department of Housing and Urban Development. [Added 10-18-1988 by Ord. No. 88-32; amended 3-12-1991 by Ord. No. 91-11
MAIN USE OF BUILDING - The principal or most important use for building on a lot.
MANUFACTURE - See 'industry.'
MAUSOLEUM - A building or structure for the interment of the dead, having a minimum of ten (10) crypts and a maximum of five thousand five hundred (5,500).
MID-RISE UNIT - A dwelling unit in a building which contains more than two (2) such units and which exceeds three (3) stories in height but does not exceed five (5) stories or fifty (50) feet in height. [Added 10-18-1988 by Ord. No. 88-32; amended 3-12-1992 by Ord. No. 91-1]
MODERATE-INCOME UNIT - A unit which is subject to affordability controls and is occupied or reserved for occupancy by households with a gross household income equal to or more than fifty percent (50%) but less than eighty percent (80%) of the median gross household income established by the United States Department of Housing and Urban Development. [Added 10-18- 1988 by Ord. No. 88-32; amended 312-1992 by Ord. No. 91-1)
MOTEL - Any single building or group of buildings used in the business of furnishing sleeping accommodations, with separate room exits to the outside rather than from central corridors, whether containing a restaurant or not.
MOVIE THEATER ESTABLISHMENT - A building containing one (1) or more contiguous movie theaters, located on the same lot
NONCONFORMING STRUCTURE - Any structure or building that does not conform to the regulations and requirements of this chapter for the zone district in which it is located, but was lawfully in existence before the effective date of this chapter or exists by virtue of a duly granted variance.
NONCONFORMING USE - Any use of land or building, or both, that does not conform to the requirements of this chapter for the district in which it is located, but that was lawfully in existence before the effective date of this chapter or exists by virtue of a duly granted variance.
OFFICE BUILDING - A building used primarily for business offices or where the major use is business offices, as opposed to retail, warehouse, residential or manufacturing use.
PARKING AREA - Land or any part of a building used for the parking of motor vehicles.
PARKING LOT, MAJOR - A parking lot containing more than four (4) spaces. [Added 10-18- 1988 by Ord. No. 88-32; amended 3-12-1991 by Ord. No. 91-1]
PARKING SPACE - A stall or berth which is arranged and intended for the parking of one (1) motor vehicle in a garage or parking area. A parking space shall contain a minimum of one hundred seventy-one (171) square feet, with the minimum dimensions of nine (9) feet by nineteen (19) feet, except as otherwise expressly provided. A 'parking space' must be usable if all other spaces are filled without excessive maneuvering or backing onto any public street. (Amended 10-9-1994 by Ord. No. 84-28]
PATIO HOME - A single-family detached dwelling unit tied to adjacent dwelling units only by garages, lanais or patio walls. [Added 10-18-1988 by Ord. No. 88-32; amended 312-1991 by Ord. No. 91-1]
PERSON - Includes a firm, association, organization, partnership, trust, company, individual or any of their servants, agents, employees or officers.
PLANTED BUFFER AREA - An area containing evergreens, trees, shrubs or other plantings as specified in § 42981, designed to provide suitable drainage and visual screening in accordance with the dimensions and criteria set forth in Article XVII [Added 6-27-1989 by Ord. No. 89-32]
PLOT - See 'lot.,
PRIVATE SWIMMING POOL - Includes any permanently constructed receptacle for water, either above- or below-grade, having a depth of more than eighteen (18) inches, designed, used or maintained for swimming or bathing purposes by any Person for his own use and that of the members of his household and his guests and located on such person's land as an accessory use to a private residence.
PROPERTY LINE, FRONT - The lot or property line separating the lot from the street right-of- way, may also be referred to as a 'street line. [Added 11-24-1992 by Ord. No. 92-23]
PROPERTY LINE, REAR - The lot or property line opposite and most distant from the front property line. [Added 11-24-1992 by Ord. No. 92-23]
PUBLIC NOTICE - Notice of time and place of a hearing or proceeding printed in the official newspaper of the borough at least 10 days prior to the time of such hearing or proceeding, unless otherwise provided by law.
QUADPLEX - A multiple-dwelling building consisting of four dwelling units. [Added 10-18- 1988 by Ord. No. 88-32; amended 3-12-1991 by Ord. No. 91-1]
QUARRY; SAND PIT; GRAVEL PIT; TOPSOIL STRIPPING - A lot or tract of land or part thereof from which is extracted stone, sand, gravel or topsoil for sale, and exclusive of the process of grading a lot preparatory to the construction of a building or structure for which application for a building permit has been made to the Building Inspector, not a permitted use in any zone.
RESIDENCE - See -dwelling.
ROOF, FLAT - A roof shall be determined as being a 'flat roof' if the pitch is less than a maximum of 33 feet vertical for every 12 feet horizontal. In the event that a roof has a variable pitch, determination shall be made with a straight line drawn from the eave line to the highest point on the roof.
SENIOR CITIZEN HOUSING - A building consisting of dwelling units designed and used as housing primarily for persons of age 62 years and older, which building is to be developed, owned and operated by a nonprofit entity organized under Title 15A of the New Jersey Statutes or under a similar statute of any jurisdiction which provides at least the same safeguards concerning the operation of such entity as a nonprofit organization. [Added 5-13-1997 by Ord. No. 97-13]
SERVICE STATION [Amended 11-24-1992 by Ord. No. 92-23] - Buildings or premises where gasoline, oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail and where, in addition, the following services may be rendered and sales made and no other:
A. Sale and servicing of spark plugs, batteries and distributors and parts.
B. Tire servicing and repair, but not recapping or regrooving.
C. General mechanical repairs, but not replacement and repair of fenders and the body of an automobile.
SETBACK LINE - A line drawn parallel to a street line or lot line and drawn to the point of the building or parking lot nearest to the street line or lot line, beyond which a building or parking lot 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 widths as classified in the Master Plan with the rights-of-way as set forth in Chapter 387, Subdivision of Land, § 387-37 (Ord- No. 83-11 as amended). [Added 10-18-1988 by Ord. No. 88-32; amended 3-12-1991 by Ord. No. 91-1]
SIGN -- Any inscription, design or lighting arrangement, written, printed or otherwise placed on a board, balloon, banner or upon any material object or device, or in a window, whatsoever which, by reason of its form, color, working or otherwise, attracts attention to itself or intends to attract attention to itself, whether it is used as a means of identification, advertisement or announcement. As used in this chapter, the term shall apply only to such signs as are visible and intelligible to persons located outside a building or structure, including permanent signs inside a building which are mounted on a window or located within 10 feet of a window and oriented to be viewed through the window and with a lettering height of four inches or more. Works of art with depictions unrelated to business or other activities on a property shall not be considered signs. [Amended 3-22-1994 by Ord. No. 94-6; 3-28-2000 by Ord. No. 00-6]
**Webmasters Note: The previous definition has been amended as per Ordinance No. 00-6.
SIGN, ADVERTISING - A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the lot and only incidentally on the lot, if at all.
SIGN AREA -- The surface area computed by drawing a rectangle touching the outermost edges of letters comprising the sign or the area established by reason of distinctive variation in background color, by borders or by some other equivalent manner, whichever is greater. Stanchions or other support structures and decorative sign bases shall not be considered part of the sign area. [Amended 3-28-2000 by Ord. No. 00-6; 11-12-2002 by Ord. No. 02-30]
**Webmasters Note: The previous definition has been amended as per Ordinance No. 02-30.
SIGN, BUSINESS - A sign which directs attention to a business, profession or entertainment conducted upon a lot or to a commodity or service sold or offered for sale on a lot.
SIGN, FREESTANDING -- A sign, other than a monument sign, placed upon or affixed to any kind of structure other than a building. [Amended 3-28-2000 by Ord. No. 00-6]
**Webmasters Note: The previous definition has been amended as per Ordinance No. 00-6.
SIGN, INSTITUTIONAL -- A sign which directs attention to a public, quasi-public or similar use, including but not limited to golf courses, senior citizen housing and public and private schools. [Added 3-28-2000 by Ord. No. 00-6]
**Webmasters Note: The previous definition has been added as per Ordinance No. 00-6.
SIGN, MONUMENT -- A sign where the bottom of the information panel is either in contact with the ground or mounted within two feet of the ground. [Added 3-28-2000 by Ord. No. 00-6]
**Webmasters Note: The previous definition has been added as per Ordinance No. 00-6.
SIGN, REAL ESTATE - The sign indicating the availability for sale, for rent or for lease of a lot or building upon which it is erected or displayed.
SIGN, WINDOW -- A sign mounted on the inside or outside of a window and oriented to be seen from the exterior of the building. [Added 3-28-2000 by Ord. No. 00-6]
**Webmasters Note: The previous definition has been added as per Ordinance No. 00-6.
STORY - That portion of a building between a floor and the next floor or roof next above it. [Added 10-18-1988 by Ord. No. 88-32; amended 3-12-1991 by Ord. No. 91-1; 11-24-1992 by Ord. No. 92-23]
STREET - Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway or a street or way shown upon a plat heretofore approved pursuant to law or which is approved by official action as provided by N.J.S.A. 40:55D-1 et seq. or a street or way 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, sidewalks, parking areas and other areas within the street lines. Where the street area is unimproved, it is termed a paper street.
A. ARTERIAL STREETS - Those which are used primarily for fast or heavy traffic.
B. COLLECTOR STREETS - Those which carry traffic from minor streets to the major system of arterial streets, as shown in the Borough Master Plan.
C. MINOR STREETS - Those which are used primarily for access to the abutting properties.
D. MARGINAL ACCESS STREETS - Streets which are parallel with and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
STREET LINE - The dividing line between a street and a lot; the line marking the bounds of the public right-of-way.
STRUCTURE - That which is built or constructed.
SUBSTANTIVE CERTIFICATION - A determination by COAH approving the borough's housing element and fair share plan in accordance with the provisions of the Fair Housing Act of 1985 and the regulations implementing that Act, A grant of 'substantive certification' is valid for a period of six (6) years in accordance with the terms and conditions contained therein.
TOWNHOUSE - A unit in a building which contains more than two (2) such units but does not exceed three (3) stories in height, is attached side by side to other similar dwelling units by common walls and has no part of one (1) dwelling unit located above or below another unit. [Added 10-18-1988 by Ord. No. 88-32; amended 3-12-1991 by Ord. No. 91-1]
TRACT - A combination of contiguous individual lots which are to be developed as a single entity. For the purpose of this chapter, lots in the R-AH Zone which are located across a public street right-of-way from each other shall be considered contiguous. All zoning requirements established for lots shall be applied to the tract as a whole in any subdivision application and not to the individual component lots thereof. However, all new lots resulting from a resubdivision of a tract shall individually meet the lot requirements of this chapter. [Added 4-9-1991 by Ord. No. 91-16]
UNIT, EFFICIENCY - A dwelling unit in a multiple dwelling building, consisting of a bath, plus one (1) main room without permanent separations to be used for living, dining and bedroom facilities, with a kitchen area separated from the main room by either a permanent wall or a sliding or some other temporary partition. [Added 10-18-1988 by Ord. No. 88-32; amended 3-12-1991 by Ord. No. 91-1]
UNIT, FREE MARKET - A dwelling unit not covered by any lower-income resale or rental controls. [Added 10-18-1988 by Ord. No. 88-32; amended 3-12-1991 by Ord. No. 91-1]
UNIT, MULTIFAMILY - A dwelling unit in a building which contains more than two (2) such dwelling units and does not exceed three (3) stories or thirty-five (35) feet in height. [Added 10- 18-1988 by Ord. No. 88-32; amended 3-12-1991 by Ord. No. 91-1]
UNIT SIZE - Area measured in square feet of all living areas of a dwelling unit, including walls and common stairs and halls if part of a multiple-dwelling building, but excluding basements, garages, patios, porches, porticoes, balconies, decks and mechanical penthouses. [Added 10-18-1988 by Ord. No. 88-32; amended 3-12-1991 by Ord. No. 91-1 )
WALL, END - The shorter wall of a building, such wall not containing any windows which would be required for light, air or egress under the New Jersey State Uniform Construction Code (but which may contain other nonessential windows). [Added 10-18-1988 by Ord. No. 88-32; amended 3-12-1991 by Ord. No. 91-1]
WALL WINDOW - A wall of a building which does contain a window which is required for light, air or egress under the New Jersey State Uniform Construction Code. [Added 10-181988 by Ord. No. 88-32; amended 3-12-1991 by Ord. No. 91-1]
YARD - Measured by a straight line from the abutting property line to the closest point of any proposed or existing structure on the lot
YARD, FRONT - An open space extending the full width of the lot between a principal building and the front lot line, unoccupied and unobstructed from the ground upward, except as may be specified elsewhere in this chapter. The depth of the `front yard- shall be measured horizontally and shall be the minimum distance between the front lot line and the building.
YARD, REAR - A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building. The depth of the 'rear yard shall be measured horizontally and shall be the minimum distance between the front lot line and the building.
YARD, SIDE - An open unoccupied space between the side line of the lot and the nearest line of the principal building and extending from the front to the rear yard. The width of the .side yard' shall be measured horizontally and shall be the minimum distance between the side lot line and the building.
GAMES AND AMUSEMENT DEVICES - Any electric, mechanical, computerized, electronic or other device, machine or implement which is either designed and intended or used, operated or maintained as a game, amusement or means of entertainment, including but not limited to the following: pinball machines, shooting galleries, computerized games, electronic games, skilled boards, billiard or pool tables, electronic bowling or shuffleboard tables, bowling alleys and casino-type games or bagatelle or any other similar games of skill or chance. Also included within the definition are coin-operated mechanical or electronic musical devices which are commonly referred to as 'jukeboxes.'
GAMES ARCADE - Any lot, premises, facility, building or structure, open to the public, in which three or more bowling alleys, electronic or mechanical games or amusements, billiard or pool tables or any other games or amusement devices of any kind as such terms are defined herein or any combination of three or more such games, or devices as aforesaid are situated, stored, possessed, operated, used or maintained and for which a fee is charged, either directly or indirectly or by membership, ticket or indirect fees, either for admission to any such place or premises or for access to or use of any such games or amusement devices as aforesaid.
PERSON
(1) Any natural person, firm, corporation, partnership, association, company, organization, club, society or other entity, except the United States, the State of New Jersey, the Borough of Paramus, and any divisions, boards, commissions, agencies or departments thereof, when acting in their official capacities.
(2) Word usage.
(a) And and or. Unless the context shall clearly require otherwise, the words 'and' and 'or' shall be interpreted to mean and include each other and shall be interchangeable.
(b) Shall and may. The word shall, whenever it appears, shall always mean 'must' and shall prescribe mandatory conduct. The word 'may' whenever it appears, shall always mean 'might' and shall prescribe permissive or discretionary conduct.
(c) Singular and plural. Unless the context shall clearly require a different interpretation, whenever the singular form of a word shall appear herein, it shall mean and include the plural thereof, and whenever the plural form of a word shall appear herein it shall mean and include the singular thereof.
COMPLETE APPLICATION - An application form and accompanying maps and documents as required in Article V hereunder. Additional information or revisions may be required by the reviewing agency, but the application shall not thereby be deemed incomplete.
DRAINAGE RIGHT-OF-WAY - The land required for the installation of stormwater sewers or drainage ditches or required for drainage purposes along a natural stream or watercourse or other body of water.
FINAL PLAT - The final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with regulations established by this chapter and which, if approved, shall be filed with the proper county recording officer.
LOT - A parcel or portion of land separated from other parcels or portions by description, as on a subdivision plat or record of survey map, or by metes and bounds for purpose of sale, lease or separate use.
MAJOR SUBDIVISION - All subdivisions not classified as minor subdivisions.
MASTER PLAN - A composite of the mapped and written proposals recommending the physical development of the borough which shall have been duly adopted by the Borough Planning Board.
MINOR SUBDIVISION - A subdivision of land that does not involve:
A. The creation of more than three (3) lots, including the remainder of the original lot;
B. Planned development; or
C. New street or extension of any off-tract improvement (no development on unimproved streets is permitted without authorization by the Mayor and Council).
OFFICIAL MAP - A map adopted in accordance with the N.J.S.A. 40:55D-32 et seq. or any prior act authorizing such adoption. Such a map shall be deemed conclusive with respect to the location, width and extent of streets and other areas shown thereon, as provided in 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 is the subject of the development application or a contiguous portion of a street or right-of-way.
OFF-TRACT AND OFF-SITE IMPROVEMENT - Improvement outside the tract or site in question, respectively, to accommodate conditions generated on the tract or site as a result of the proposed development which shall include, but not be limited to, the installation of or improvements to water, sewer, drainage and street improvements.
ON-SITE - Location 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.
OWNER - Any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
PERFORMANCE GUARANTY - Any security which may be accepted in lieu of a requirement that certain improvements be made before the Planning Board of governing body approves a plat, including performance bonds, escrow agreements and other similar collateral or surety agreements.
PLAT - The map of a subdivision.
PRELIMINARY PLAT - The preliminary map indicating the proposed layout of the subdivision which is submitted to the Planning Board or Zoning Board of Adjustment Secretary for consideration by the applicable Board and tentative approval and meeting the requirements of Article V of this chapter.
RESERVE STRIP - A privately owned strip of land of less width than the lot depth permitted by the applicable zoning regulations and bounded on one side by a proposed street and on the other by the boundary of a subdivision.
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 as to combine existing lots by deed or other instrument.
STREET - Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action or a street or way 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, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, streets' shall be classified as follows:
A. ARTERIAL STREETS - Those which are used primarily for fast or heavy traffic.
B. COLLECTOR STREETS - Those which carry traffic from minor streets to the major system of arterial streets, as identified in the Master Plan.
C. MINOR STREETS - Those which are used primarily for access to the abutting properties.
D. MARGINAL ACCESS STREETS - Streets which are parallel with and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
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 of for another.
SUBDIVISION:
A. The division of a lot, tract or parcel of land into two (2) or more lots, sites or other divisions of land for the purpose, whether immediate or future, of sale or building development; except that the following divisions shall not be considered subdivisions; provided, however, that no new streets or roads are involved:
(1) Division of land found by the Planning Board to be for agricultural purposes where the resulting parcels are five (5) acres or larger in size.
(2) Divisions of property by testamentary or intestate provisions.
(3) Divisions of property upon court order, including but limited to judgments of foreclosures.
(4) Consolidation of existing lots by deed or other instrument
(5) The conveyance of one (1) 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 Building Subcode Official 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.
B. Subdivision' also includes resubdivision and where appropriate to the context, relates to the process of subdividing or to the lands or territory divided.
SUBDIVISION COMMITTEE - A Committee of at least three (3) Planning Board or Zoning Board members appointed by the Chairman of the Board for the purposes of performing such duties related to land subdivision as may be conferred on the Committee by the Board.