ADMINISTRATIVE OFFICER - The Clerk of the borough, unless a different municipal official or officials are designated by ordinance or statute.

APPLICANT - Any developer or other person submitting an application for approval.

APPLICATION FOR DEVELOPMENT - The application form and all accompanying documents required by this chapter for approval of a site plan, subdivision, variance or conditional use or other improvement of land requiring approval herein.

APPROVING AUTHORITY - The Borough Commissioners, the Planning Board, the Board of Adjustment or the Construction Official, depending upon the matter submitted.

BOROUGH AGENCY - The Planning Board, the Board of Adjustment, the Construction Official or other body appointed by the Commissioners to grant or deny approvals required herein.

BUFFER AREA - A strip of land along one (1) or more property lines, extending in depth or width as specified in the particular zoning district, if required therein, not necessarily corresponding to the depth or width of a required yard, and comprised of grass, ground covers, shrubs or trees, or including all of these, which strip may or may not include a screening fence or wall, having as its purpose to provide a device to minimize or diminish the visual impact or sound emanating from an incompatible building, use or activity upon an adjacent or nearby property It is not the intent of this chapter that a 'buffer area be one hundred percent (100%) impervious to sound or visual penetration, but rather to be of sufficient density to divert attention from and to blend with surroundings and thereby reduce objectionable sounds or views.

BUILDING - A combination of materials to form a construction adapted to permanent temporary or continuous occupancy or use and having a roof.

BUILDING FRONTAGE - The length of that portion of the front lot line which would be subtended by a projection, at right angle to the front lot line, of the building walls or points thereon closest to the side lot lines.

CAPITAL IMPROVEMENT - A governmental acquisition of real property or substantial machinery or equipment or a construction project paid for by public funds.

CARTWAY - The paved portion of a street between faces of curbs.

CERTIFICATE OF OCCUPANCY - The certificate indicating that all construction has been completed in accordance with the construction permit that the building is structurally safe for occupancy or, in the case of a change in use, that the new occupancy meets all zoning and other applicable regulations, and authorizing an applicant to occupy the building or premises to which the occupancy permit refers.

CARPORT - A roofed structure which is attached or not attached to the principal structure on the property, providing space for the parking of not more than two (2) vehicles, enclosed on not more than two (2) sides

CIRCULATION - Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, vehicles, warehouses and other storage buildings and transshipment points.

COMMERCIAL UNIT - A segregated area used for retail sales.

COMMON AREA - As applied to a shopping center, the total area that is not designed for rental to tenants and which is available for common usage by all tenants and their customers, such as parking areas, loading and unloading or service areas, public rest rooms, landscaped areas, malls, sidewalks and the like.

COMMON OPEN SPACE - Permanent open space within or related to a development and designated or designed and intended for the use and enjoyment of residents and owners of the development 'Common open space' may contain such complementary structures and improvements as are necessary and appropriate for the use and enjoyment of residents and owners of the development.

CONDITIONAL USE - A use permitted in a particular zoning district subject to the specified conditions and upon showing that such use in a specified location will comply with the conditions, standards and criteria for the location or operation of such use as contained in the zoning regulations herein and upon the issuance of authorization therefore by the approving authority.

CONSTRUCTION OFFICIAL - That person appointed by the Borough Commissioners pursuant to the regulations of the New Jersey Uniform Construction Code who is qualified and duly licensed by the Bureau of Housing Inspection, Division of Housing and Urban Renewal of the New Jersey Department of Community Affairs, to enforce and administer the regulations of this chapter.

CONSTRUCTION PERMIT - An authorization to begin work, subject to the conditions and approvals contained herein and, with regard to construction, subject to Subchapter 2 of the New Jersey Uniform Construction Code.

CONVENTIONAL - As applied to development, other than planned development.

COUNTY MASTER PLAN - A composite of the Master Plan for the physical development of the county in which the municipality is located, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4.

COUNTY PLANNING BOARD - The Planning Board of Camden County, New Jersey.

DAYS - Calendar days.

DENSITY - The permitted number of dwelling units per gross area of land to be developed.

DEVELOPER - The legal or beneficial owner or owners of a lot or parcel of land proposed to be improved or 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 or relocation or enlargement of any building or other structure; any excavation of land or any landfill; any use or change in use of any building or other structure or land; or extension of a use of land for which a permit may be required herein.

DEVELOPMENT REGULATION - A zoning regulation, subdivision regulation, site plan regulation, Official Map or other borough regulation of the use, occupancy, improvement or development of land or any amendment thereto adopted by the Commissioners according to law.

DISH-TYPE ANTENNA - A saucer- or circular-shaped antenna functioning as an antenna for the reception of television programming. Such objects are also known as 'home video earth stations,"" satellite dishes" or "satellite earth stations" [Added 8-131985 by Ord. No 558].

DRAINAGE - The removal of surface 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 the prevention or alleviation of flooding.

ENVIRONMENTAL COMMISSION - A municipal advisory body created pursuant to PL 1968, c.245 (N.J.S.A. 40:56A-1 et seq.).

EROSION - The detachment and movement of soil or rock fragments by the action of water, wind, ice or gravity.

FINAL APPROVAL - The official action of the approving authority taken on a preliminarily approved major subdivision or taken on` a 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 chief legislative body of the municipality. In municipalities having a Board of Public Works, 'governing body' means such board.

HISTORIC SITE - Any building, structure, area or property that is significant in the history, architecture, archaeology or culture of this state, its communities or the nation and has been so designated pursuant to this chapter.

GROSS FLOOR AREA - The total area of an entire building or of all buildings in a project, including basements, storage areas and mezzanines, as well as upper floors, if any, expressed in square feet and including roofed common areas.

GROSS LEASABLE AREA - The total area within a building or group of buildings in the same project designed for tenant occupancy and exclusive use or all of the area on which a tenant or tenants pay rent, including basements, mezzanines and upper floors, if any, but not including common areas, expressed in square feet and measured to the center lines of joint partitions and to the outside face of the building, often abbreviated "GLA".

INTERESTED PARTY -

       (1) In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey.

       (2) In the case of a civil proceeding in any court or in an administrative proceeding before a borough agency, any person, whether residing within or without the borough, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or whose rights to use, acquire or enjoy property under this chapter or under any other law of this state or of the United States have been denied, violated or infringed by an action or a failure to act under this chapter.

LAND - Includes improvements and fixtures on, above or below the surface.

LOT - A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed, improved, occupied or built upon as a unit.

MAINTENANCE GUARANTY - Any security, other than cash, which may be accepted by the borough for the maintenance of any improvement required by this chapter.

MAJOR SUBDIVISION - Any subdivision not classified as a minor subdivision.

MASTER PLAN - A composite of one (1) or more written or graphic proposals for the development of the Borough of Audubon, including borough development policies, as set forth in and adopted pursuant to Article III of this chapter.

MINOR SUBDIVISION - Any subdivision containing not more than two (2) new lots ,in addition to the remaining portion of the original lot, fronting upon a fully improved street not involving any new street or road or extension of any municipal facilities, such as sanitary sewerage, storm sewerage or water supply, not adversely affecting the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Master Plan, Official Map, zoning regulations, subdivision regulations or site plan regulations of this chapter, and not requiring referral to the County Planning Board.

MUNICIPALITY - Any city, borough, town, township or village.

NONCONFORMING BUILDING OR OTHER STRUCTURE - A building or other structure the size, dimension, coverage or location of which was lawful prior to the adoption, revision or amendment of this chapter but which thereafter fails to conform to the requirements of the zoning, subdivision or site plan regulations by reason of this chapter.

NONCONFORMING LOT - A lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter but which thereafter fails to conform to the requirements of the zoning, subdivision or site plan regulations by reason of such adoption, revision or amendment of this chapter.

NONCONFORMING USE - A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which falls to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

OFFICIAL MAP - A map adopted by ordinance pursuant to Article IV herein.

OFFICIAL MAP OF CAMDEN COUNTY - The map; as may be amended from time to time, adopted and established by resolution of the chosen freeholders of the County of Camden, New Jersey.

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 a development application or a 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 separate parcel of land or area of water, or both, essentially unimproved and set aside, designated, dedicated or reserved for public or private use 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, roadways, off- street parking and other improvements that are designed to be incidental to the natural openness of the land.

PARTY IMMEDIATELY CONCERNED - For purpose of notice, any applicant for development, the owners of property and the governmental agencies entitled to notice pursuant to applicable subsections of Article 1, §208-10, herein.

PERFORMANCE GUARANTY - Any security to be accepted by the borough, including cash, but provided that no more than ten percent (10%) of the total amount of the guaranty may be required to be in cash.

PLANNED COMMERCIAL DEVELOPMENT - An area of a minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one (1) or more structures with appurtenant common areas to accommodate commercial or office uses, or both, and any residential and other uses incidental to the predominant use as may be permitted by ordinance.

PLANNED DEVELOPMENT - A planned unit development, planned unit residential development or planned industrial development.

PLANNED INDUSTRIAL DEVELOPMENT - An area of a minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one (1) or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by ordinance.

PLANNED RETAIL DEVELOPMENT - Any area of a minimum contiguous size as specified herein to be developed according to an approved plan as a single entity, containing two (2) or more buildings or a single building subdivided into separate leasable areas, with appurtenant common areas for the use and enjoyment of customers of all stores, to accommodate retail stores or offices, a shopping center.

PLANNED UNIT DEVELOPMENT - An area with a specified minimum contiguous acreage of ten (10) acres or more to be developed as a single entity according to a plan, containing one (1) or more residential clusters or planned unit residential developments and one (1) or more public, quasipublic, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in the Zoning Ordinance.

PLANNED UNIT RESIDENTIAL DEVELOPMENT - An area with a specified minimum contiguous acreage of five (5) acres or more to be developed as a single entity according to a plan containing one (1) or more residential clusters, which may include appropriate commercial or public or quasi- public uses all primarily for the benefit of the residential development.

PLANNING BOARD - The Borough Planning Board established pursuant to Section 14 of the act (N.J.S.A. 40:55D-23).

PLAT - A map or maps of a subdivision showing all information necessary for recording, pursuant to the Map Filing Law, PL., 1960, c 141, N.J.S.A. 46:23-9.9 et seq.

PLOT PLAN - A term often used by architects to indicate a site plan; see the definition of "site plan".

PRELIMINARY APPROVAL - The conferral of certain rights pursuant to procedures herein for preliminary approval of site plans and major and minor subdivisions prior to final approval, after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.

PRELIMINARY FLOOR PLANS AND ELEVATIONS - Initial architectural studies or early drawings prepared during introductory stages of design for a project, illustrating in schematic form its scope, approximate scale and relationship to its site and immediate surroundings, not dimensioned or in any way finished working drawings, intended for preliminary discussions.

PRIVATE GARAGE - shall be added as follows: "An enclosed structure for the parking of not more than three (3) motor vehicles, which may include not more than one (1) commercial vehicle having a maximum gross vehicle weight rating (GVWR) of 8,500 pounds, owned by the residents of the property.

PUBLIC AREA - Any area designated and designed for use and enjoyment by the general public, including parks, playgrounds, trails, paths and other recreational areas and open spaces permanently set aside; sites for schools and other buildings and municipal parking areas are 'public areas'.

PUBLIC DEVELOPMENT PROPOSAL - A Master Plan, capital improvement program or other proposal for land development adopted by the appropriate public body or any amendment thereto.

PUBLIC DRAINAGEWAY - Land reserved or dedicated for the immediate or future installation of drainage facilities, sewers and ditches, or space along natural streams or watercourses required for preserving the channel and providing for the flow of water to safeguard the public against flooding, sedimentation and erosion.

PUBLIC OPEN SPACE - An open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency or other public body for recreational or conservational uses.

QUORUM - A majority of the fully authorized membership of a borough agency.

RESIDENTIAL CLUSTER - An area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.

RESIDENTIAL DENSITY - The number of dwelling units per gross acre of residential land area, which would include the interior streets, open spaces and easements within the boundaries of the development,- and including one-half (1/2) of any boundary streets abutting the property.

RESUBDIVISION - The further division or relocation of lot lines within a subdivision previously made or recorded according to law or the alteration of any streets or the establishment of any new streets any subdivision previously made or recorded according to law, but not to include conveyances so as to combine lots by deed or other type of instrument.

SALES AREA - The gross leasable area minus the tenant's or shopkeeper's storage areas, work areas and loading docks, the area devoted to customer use, including the area occupied by counters, shelves and other furniture.

SEDIMENTATION - The deposition of soil, silt or rock fragments that have been transported by water, wind, ice or gravity or by other natural means, from their site of origin as a product of erosion.

SITE PLAN - A development plan or plot plan, generally of a single lot or unit of land area, on which is shown existing and proposed conditions of the lot or plot of ground, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways, the location of all existing and proposed buildings and other structures, driveways, walkways, paved areas and other impervious material, means of ingress and egress, drainage facilities and structures, utility services, landscaping, signs, lighting, screening devices and any other information that might reasonably be required in order to make an informed determination pursuant to this chapter requiring review and approval of site plans by the Planning Board of the Borough of Audubon.

STANDARDS OF PERFORMANCE - Standards -

       (1) Adopted by ordinance pursuant to N.J.S.A. 40:55D-65, regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and flammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the municipality; or,

       (2) Required by applicable federal or state laws or municipal ordinances.

STREET - Any road, boulevard, avenue, highway, alley or land or other way used or intended to be used for vehicular and pedestrian travel, including the cartway or paved portion, curbing, sidewalks and all land within the right-of-way lines, whether public or private.

STREET LINE - The right-of-way lines of the street, and the front or side lot lines of properties which front or side thereon.

STRUCTURE - Any combination of materials to form a construction for occupancy, used or ornamentation, whether installed on, above or below the surface of the ground, whether with or without wheels if resting on the ground and without regard to whether made of wood, metal, stone, concrete, rubber, plastic or other synthetic material, so long as it is made to hold a shape.

SUBDIVISION .

       (1) The division of a lot, tract or other parcel of land into two (2) or more lots, tracts of parcels, or other division of land for sale or development; provided, however, that the following shall not be considered to be a 'subdivision':

       (a) A division of land found by the Planning Board to be for agricultural purposes, where any and all resulting parcels are five (5) or more acres in area;

       (b) A division of property by a testamentary or intestate provision;

       (c) A division of property upon court order; or

       (d) Conveyances so as to combine lots which exist by deed or other instrument.

       (2) Includes the term "resubdivision".

SWALE - A natural or man- made intermittent watercourse, usually carrying water only after precipitation and usually lined with sod or grasses.

VARIANCE - Permission granted by the Zoning Board of Adjustment, and in certain specified instances by the Planning Board in conjunction with review and approval of a site plan or a subdivision, to depart from the literal requirements of this chapter pursuant to the intent of the general guidelines provided herein.

YARD . An open space located on the same lot with a building or a group of buildings, which open space lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein permitted

YARD, FRONT . A yard extending across the full width of the lot and lying between the front property line of the lot and the front of the building. The depth of the front yard shall be measured at right angles to the front property line of the lot.

YARD, REAR . A yard extending across the full width of the lot and lying between the rear property line of the lot and the rear of the building or parking setback line. The depth of a rear yard shall be measured at right angles to the rear property line of the lot.

YARD, SIDE . A yard extending between the side property line of the lot and the side of the building or parking setback line and extending from the front yard to the rear yard, or in the absence of either of such yards, to the front or rear property lines as the case may be. The width of a side yard shall be measured at right angles to the side property line of the lot.

ZONING ENFORCEMENT OFFICER - A person, appointed by the Borough Commissioners, to enforce the provisions of the zoning regulations contained herein.

BUSINESS SIGN - A sign which draws attention to a business or commodity for sale or to a profession, service or entertainment rendered or offered on the premises where such sign is located or within close proximity thereto.

CAMPAIGN SIGN - A temporary sign advertising the name of a candidate for election, including the name of a political party.

DIRECTIONAL SIGN - A sign containing no advertising other than a name, either temporary or permanent, which serves as a convenience to the public to show direction to a place or activity.

FLASHING SIGN - Any illuminated sign on which the artificial light is not maintained stationary and constant in intensity or color at all times when such sign is in use, including but not limited to moving, rotating, flashing, oscillating, projected, shuttered or similar sign.

ILLUMINATED SIGN - Any sign which is designed and located to be seen at night by virtue of an artificial light source from within, behind or upon such sign, but not including reflector- type signs unless the source of illumination is made a part of or is related to such sign.

INDIRECT ILLUMINATION - Light source from within the sign itself, but not a neon sign.

MONUMENT SIGN - a sign, the bottom of which, or integral support structure thereof, is flush with the ground throughout the entirety of its horizontal dimension.

POLITICAL SIGN - A sign expressing support for or opposition to a candidate for public office or an issue specific to a current election or referendum, and shall include such political paraphernalia as posters, bumper stickers (when not affixed to a moving object), banners or the like. (Added 5-19-1992 by Ord. No. 680].

SIGN - Includes banners, streamers, whirling or illuminated devices or any other type of attention- attracting device and may be a single-faced or double-faced or V-type structure.

SIGN AREA - The total area' within a single continuous perimeter enclosing the extreme limits of such sign, however, such perimeter shall not include any structural elements lying outside the limits of the text or symbol making up such sign and not an inherent part of the display unless such structural elements are illuminated or colored in such a way as to become a part of the display In the case of an open sign made up of individual letters, figures or designs, the space between such letters, figures or designs shall be included; in computing the area of a double- faced sign, only one (1) side shall be considered if both sides are identical, and a V- type sign the interior angle of which is less than forty-five degrees (45 ) shall be considered a double- faced sign, a V- type sign the interior angle of which is forty- five degrees (45 ) or greater shall not be deemed a double- faced sign, and both faces shall be computed as comprising the sign area.

TEMPORARY SIGN - A sign erected for a relatively short period of time, which period shall be terminated by the work, event, sale of the premises or product advertised or occurrence of the event to which it refers, and in all respects the same as a sign which is not temporary insofar as matters of location, construction and public safety are concerned.

V-TYPE SIGN LIMITATION - A permitted V-type sign means a sign in which the "V" is in a horizontal plane, an inverted V-type sign or one which rests upon the two (2) edges spread apart on the ground with no other support or anchorage shall not be permitted in the interest of public safety.