For purposes of the Land Use Ordinance of the Township of Mendham, any term defined in Section 3 of the Municipal Land Use Law, R.S. 40:55D-3 through 7, shall have the meaning as set forth in said Section 3.

Any term not defined in said Law or in this chapter shall have its customary meaning unless the context clearly indicates otherwise, except as to certain terms which relate only to a particular chapter and which are defined in the chapter in which they are used.

ACCEPTABLE AGRICULTURAL MANAGEMENT PRACTICES . The Agricultural Management Practices recommended or endorsed by the State Agriculture Development Committee, plus those practices complying with a Conservation Plan.

ACCESSORY APARTMENT . A self-contained residential accommodation, including a separate kitchen, bathroom and sleeping quarters, which is located within a single-family dwelling and occupied only by a family that includes a relative or domestic employee of the owner-occupant or tenant of the dwelling, all in compliance with the provisions set forth in subsection 21-4.5f.

ACCESSORY BUILDING : A, building or structure used or devoted exclusively loan accessory use and on the same lot with and subordinate to a principal building. Where a structure which would otherwise constitute an accessory structure is attached to a principal building by a connecting permanent structure not exceeding 25 feet in length such structure shall be considered part of tile principal building. A permanent connecting structure is one constructed with all weather protective roofing and solid supporting building materials with walls rather than canvas, screens, lattice work or other similar materials. Further, such structure shall only be considered part of the principal building, provided: a) that such attached structure shall comply with Section 21-G.4b: and b) dial neither the connecting permanent structure nor the building connected thereby to the principal building shall be located forward of the front facade of the principal building.

In cases where file principal building does not front upon a street, then the front facade shall be considered to be the facade which contains the main entrance to the principal building.

**Webmasters Note: The previous definition has been amended as per Ordinance No. 25-2006.

ACCESSORY USE . A use naturally and normally incident, customary and subordinate to a principal use upon any lot. More particularly, but not by way of limitation, an accessory use shall be construed to include the provision of a private swimming pool, driveway, private road, alley or other facility for ingress and egress.

ADMINISTRATIVE OFFICER . The township clerk unless a different municipal official or officials are designated by this ordinance or by statute.

AGRICULTURE . The production principally for the sale to others of plants, animals or their products, including, but not limited to, forage and sod crops, grain and feed crops, dairy animals and dairy products; livestock including dairy and beef cattle, poultry, sheep, swine, horses, ponies, mules and goats; including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products and other commodities as described in the Standard Industrial Classification for agriculture, forestry, fishing and trapping. Agriculture shall not include intensive poultry or swine production or extensive animal feedlot operations.

ALTERATION . As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

ANTENNA . Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals.

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 for the issuance of a construction permit pursuant to Sections 25 or 27 of the Municipal Land Use Law, R.S. 40:55D-34 or 36.

APPROVING AUTHORITY . The township planning board unless a different agency is designated by ordinance when acting pursuant to the authority of this ordinance.

AREA OF SPECIAL FLOOD HAZARD . An area of special flood hazard within the Township of Mendham as determined by the provisions of Chapter XVIII, Flood Hazard Area Regulations, sections 18-7 and 18-14.

AS-BUILT PLANS OR RECORD PLANS . Construction drawings which show the actual locations and condition of improvements as installed.

ATTIC . An uninhabitable part of a building which is immediately below and wholly or partly within the roof framing. See STORY, HALF.

AVERAGE LOT WIDTH FOR SIDE YARD DETERMINATION . The average of the lengths of the front and rear yard lines measured at the building. The front yard line shall be measured from side line to side line by the shortest distances, passing through the point of the building nearest the street. The rear yard line shall be measured from side line to side line by the shortest distance passing through the point of the building furthest from the street.

BACKHAUL NETWORK . The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

**Webmasters Note: The definitions for Backland Lot and Backland Lot, Single Flag have been repealed as per Ordinance No. 13-2005.

BASE FLOOD . A flood having one percent chance of being equaled or exceeded in any given year.

BASEMENT . A space within a building, having a floor and walls, and located totally or partially below the grade of the adjoining ground surface. For purposes of this ordinance, any basement having 50 percent or more of the aggregate surface areas of all walls located above grade or having 50 percent or more of the surface area of the front wall located above grade shall be considered a story. On a corner lot any wall of the basement that faces a street shall be considered a front wall. In addition to the above, a basement located in a non-residential building shall be considered a story unless the basement is and remains unfinished and unutilized except for storage or utility purposes. The term "basement" shall include the term "cellar".

BEST MANAGEMENT PRACTICES (BMPS) . Methods, measures, practices and design techniques which will prevent or reduce to the lowest reasonably practicable level the pollution or surface waters and adverse impacts on critical areas. BMPs proposed for any development must as a minimum meet all requirements of other applicable township ordinances.

BLOCK . A division of the tax map with a number assigned thereto. An area bounded by four connecting streets. A length of street on one side of the street between cross streets or between a junction or a street and a cul-de-sac or other street termination.

BREEZEWAY . A covered walkway connecting the principal building with an accessory building and either enclosed or open.

BRUSH OUT AN UNDEVELOPED LOT . The removal of any brush, woody plants or other vegetation from an undeveloped lot in preparation for the construction of any improvement thereon. This term shall not include removal limited to (a) clearing of the minimum amount of brush necessary for lines of sight essential for the performance of necessary survey work, or (b) clearing of brush from a small area or areas for the performance of tests required to determine subsurface soil characteristics for a proposed individual subsurface sewage disposal system, provided that such removal is in accordance with all other applicable State and municipal regulations.

BUILDING . A structure having a roof supported by columns, walls or similar structural parts, used or intended to be used for the housing, enclosure or shelter of persons, animals or property of any kind.

BUILDING ENVELOPE .

a. BUILDING ENVELOPE (BE) . The portion of any lot area which is exclusive of required minimum front, side and rear yard setback areas as defined in and required by this ordinance.

b. NET BUILDING ENVELOPE AREA (NBEA) . The portion of any lot area which is exclusive of required front, side and rear yards, freshwater wetlands, required freshwater wetland transition areas, existing and/or proposed easements, storm water detention/retention basins, areas with slopes having grades of 25 percent or greater, flood hazard areas, or State open waters, as those terms are defined either in this ordinance, in the Freshwater Wetlands Protection Act, N.J.S.A. 13:913-1 et seq., or in the Freshwater Wetlands Protection Act Rules promulgated by the New Jersey Department or Environmental Protection, N.J.A.C. 7:7A-1.1 et seq.

BUILDING ENVELOPE CIRCLE (BEC) . A circle having a diameter of the size as provided in the Schedule of Requirements made a part of this ordinance by subsection 21-2.2., Zoning Map and Schedule of Requirements, and which can be inscribed within a lot in a manner as provided in subsection 21-4.8, Lot Geometry and Net Building Envelope Area Regulations, to be utilized for lot design purposes to regulate the shape of the contiguous net building envelope area (NBEA).

BULK . The word bulk means the volume and shape of a building or of a nonbuilding use in relation to lot lines, center lines of streets, other buildings and all open spaces appurtenant to a building or a nonbuilding use. Specifically, the term bulk shall include minimum lot area, lot frontage, lot width, lot depth, yards, setbacks, maximum building or structure height, minimum floor area, and usable open space for the district in which the building or nonbuilding use is located.

BULK, NONCONFORMING . Nonconforming bulk is that part of a building or nonbuilding use which does not conform to one or more or the applicable bulk regulations prescribing height of a building or nonbuilding use, minimum lot area per dwelling unit, lot frontage, yards usable open space on the lots for the district in which the building or nonbuilding use is located.

CAPITAL IMPROVEMENT . A governmental acquisition of real property or major governmental construction project.

CELLAR . See BASEMENT.

CHANGE IN USE . The use of a building or land which is in any manner different from the previous use by way of function, operation, extent, products sold or manufactured and the like, but not including a change in ownership or occupancy unless the nature of the use, as described above, is changed.

CHANNEL . A watercourse with definite bed and banks which confine and conduct continuously or intermittently flowing water.

CHURCH . A building or structure or groups thereof including facilities accessory thereto which by design and construction is principally intended for conducting organized religious services and customarily associated activities.

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 or people and goods by such means as terminals, stations, warehouses, and other storage buildings or transshipment points.

COMMERCIAL VEHICLE . All commercially licensed vehicles, all vehicles with business identification signs or lettering, and all trucks, vans or other vehicles with a gross vehicle weight in excess of three (3) tons.

COMMON DRIVEWAY . A private roadway providing common access to a street for more than one lot.

**Webmasters Note: The previous definition has been added as per Ordinance No. 13-2005.

COMMON FACILITIES . Common facilities shall include but not be limited to facilities for the common use of two or more dwelling units such as roads, sidewalks, swimming pools, playgrounds, trees, greens, fairways and parking areas.

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 area necessary and appropriate for the use or enjoyment of residents and owners of the development.

COMMON OWNERSHIP . Ownership of two or more contiguous lots or parcels of real property by one person or by two or more persons owning such property as joint tenants, as tenants by the entirety, or as tenants in common.

CONDITIONAL USE . A use permitted in a particular zone district only upon a showing that such use in a specific location will comply with the conditions and standards for the location or operation of such use as contained in this ordinance and upon the issuance of an authorization therefor by the planning board.

CONSERVATION PLAN . A set of decisions regarding the use of soil and water resources. The plan is developed by the Natural Resources Conservation Service and approved by the Morris County Soil Conservation District.

CONSERVATION RESTRICTION . An interest in land less than fee simple absolute as defined in Section 2 of the New Jersey Conservation Restriction and Historic Preservation Restriction Act, R.S. 13:8B-2.

CONVENTIONAL DEVELOPMENT . Development other than planned development, such as a subdivision not involving residential cluster or a site plan not involving multi-family development.

CONVENTIONAL HOUSING . Any residential development other than Limited Income Housing (LIH) as defined in this chapter.

CRITICAL AREA . An area consisting of wetlands, flood hazard areas, areas of shallow water table soils, recharge soils or steep slopes.

CURB LEVEL . The officially established grade of the curb in front of the lot, or in the absence of an officially established curb level the mean level of any existing curb or of the lot at the street line.

DAYS . Calendar days.

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

DENSITY, GROSS . A number expressing dwelling units per gross acre of land within a parcel or property, except that floodways, water bodies, watercourses and areas with seasonal high water tables at the surface of the ground shall be excluded from the calculation of gross density.

DENSITY, NET . A number expressing dwelling units per acre of land within a parcel of property, except that floodways, water bodies, watercourses, areas with seasonal high water tables at the surface of the ground, areas with slopes in excess of twenty percent (20%) and land devoted to public streets and/or private streets shall be excluded from the calculation of net density. Flood fringe areas, areas with slopes between ten percent (1 0%) and twenty percent (20%), and areas with seasonal high water tables between 0 and 1.5 feet shall receive half (50%) credit towards the calculation of net density.

DEVELOPED LOT . Any lot upon which a principal structure is located, except that the following shall not be deemed to be a developed lot: an undeveloped lot or a lot owned by the Township or another governmental entity or by a public utility regulated by the State Board of Utilities.

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. The term "developer" shall include the term "subdivider". The term "developer" is also used to refer to an applicant who has received final major subdivision approval or final major site plan approval and is responsible for the construction or installation of required subdivision or site plan improvements.

DEVELOPMENT . The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or land or extension of use of land, or any use of land, for which approval or permission may be required by the provisions of this ordinance.

DEVELOPMENT REGULATION . A zoning, subdivision, site plan, official map or other regulation of the use and development of land, or amendment thereto, adopted and filed pursuant to the Municipal Land Use Law, R.S. 40:55D-1 and following.

DIVISION . The Division of State and Regional Planning in the Department of Community Affairs.

DRAINAGE . The removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding.

DRAINAGE RIGHT-OF-WAY . The easement required for the installation and maintenance of storm water sewers or drainage ditches, or the easement required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein, and including lands intended as flood control basins.

DRIPLINE OF A TREE . An area circumscribed by the vertical projection to the ground of a line connecting the tips of the outermost branches of a tree.

DRIVEWAY . A private roadway providing access from a public or private street for motor vehicles to a garage, dwelling or other building.

DWELLING . A building containing one or more dwelling units.

DWELLING UNIT . A building or part of a building containing complete housekeeping facilities for one family.

EMPLOYEE . Any person who works in any capacity, whether full-time or part-time, in any building in the township other than a single-family dwelling or accessory thereto.

ENCLOSED PORCH . A structural element to a building that has a roof, footings and supports, including columns or other vertical support structures, enclosed with screens, storms, glazing, windows, jalousies, etc. The following shall not be considered to be an enclosed porch: porch-like structures with fewer than three walls; front or side porches with roofs only, but without sides; breezeways; porte cocheres; and carports.

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

FAA . The Federal Aviation Administration.

FAMILY . One or more persons occupying dwelling accommodations as a single non-profit housekeeping unit residing together for indefinite periods of time and utilizing all rooms and cooking facilities in common on a domestic and permanent basis.

FARM . An area of land made up of single or multiple joining or non-joining parcels which is organized as a management unit actively devoted to agricultural or horticultural use, including, but not limited to, cropland, pasture, idle or fallow land, woodland, wetlands, farm ponds, farm roads and under farm buildings and other enclosures related to agricultural pursuits, which occupies a minimum of the lesser of five acres or five times the minimum lot size of the zone in which the property is located, exclusive of the land upon which the farmhouse is located and such additional land as may actually be used in connection with the farmhouse as provided in the Farmland Assessment Act of 1965, R.S. 54:4-23.3, 4-23.4, 4-23.5 and 4-23.11.

FCC . The Federal Communications Commission.

FINAL ACTION . Approval or denial by a municipal agency of an application for development, whether the application is preliminary or final.

FINAL APPROVAL . The official action of the planning board 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 guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.

FINAL PLAT . The map or maps of a subdivision application for which final approval is sought pursuant to this ordinance.

FINAL SITE PLAN . The map or maps of a site plan application for which final approval is sought pursuant to this ordinance.

FLAG LOT . A lot not meeting minimum frontage requirements and where access to the public street is by a private right of way and/or driveway.

**Webmasters Note: The previous definition has been added as per Ordinance No. 13-2005.

FLAG LOT STAFF . A portion of flag lot providing frontage on a street.

**Webmasters Note: The previous definition has been added as per Ordinance No. 13-2005.

FLOOD OR FLOODING . A general or temporary condition of partial or complete inundation of normally dry land areas from (a) the overflow of rivers, streams or other inland waters, and/or (b) the unusual and rapid accumulation of runoff of surface waters from any source.

FLOOD FRINGE AREA . The portion of a flood hazard area as determined by the New Jersey Department of Environmental Protection pursuant to Section 3 of the New Jersey Flood Hazard Control Act, R.S. 58:16A-52, which is not delineated as a floodway.

FLOODWAY . The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than two-tenths of one foot.

FLOOR AREA . The calculation of permitted floor area shall include all floor areas of the first and second floors of all buildings, including enclosed porches and all accessory buildings over 200 sq. ft., and shall be computed by measuring the outside dimensions of the outside walls. It shall not include structural elements that do not substantially contribute to the visible scale of a building such as basements (unfinished or finished), decks, unenclosed porches, attics (unfinished or finished), and accessory structures less than 200 sq. ft.

FLOOR AREA RATIO . The sum of the areas of all floor areas as defined herein compared to the total area of the site.

FOOTPRINT . The maximum horizontal plan projection of all roofed areas.

FRONTLAND LOT . A lot proposed or resulting from subdivision under the provisions of section 21-9 and having frontage on a state, county or municipal road.

GARAGE . A detached accessory building, or a portion or a principal building, used primarily for the storage of motor vehicles owned or used by the occupant of the principal building to which the garage is an accessory.

GENERAL TERMS AND CONDITIONS . The terms and conditions upon which preliminary approval is granted to a subdivision or site plan application and upon which the applicant may rely to the extent provided in sections 37 and 40 of the Municipal Land Use Law, R.S. 40:55D-49 and 52.

GOVERNING BODY . The Township Committee of the Township of Mendham.

HEIGHT OF STRUCTURE . The vertical distance measured from the average elevation of the finished grade at the foundation of a structure to the horizontal projection of the highest point of a structure other than a building, or the highest point of the roof of a building, as computed by averaging such grade elevation at all corners of the structure, or at four (4) points ninety (90) degrees apart along the foundation of a circular structure.

HEIGHT OF TOWER OR ANTENNA . The distance measured from the lowest finished grade of the base of the tower or antenna to the highest point on the tower or antenna, including the base pad.

HOME OCCUPATION . An accessory use of a service character customarily conducted within a dwelling by residents thereof which is clearly incidental and secondary to the use of a dwelling for living purposes and which does not change the character or have any exterior evidence other than a small name plate, and in connection therewith there is not involved the keeping of a stock in trade. Home occupation includes, but is not limited to a real estate and insurance office; the studio of an artist, photographer, or music or dancing teacher giving instruction to not more than one pupil at a time; dressmaker, milliner, seamstress, building contractor, painter, plumber or electrician. Home occupation specifically excludes professional practice as defined in this chapter, clinic, tearoom, tourist home, animal hospital, mortuary, musical instrument or dancing instruction in groups, beauty parlor, and a store; trade or business or any kind involving the sale or purchase of economic goods.

IMPERVIOUS SURFACE . Any man-made or natural material placed at or above the level of the ground which impedes or prevents the absorption of storm water and which renders the ground surface less permeable than the natural soil.

INDIGENOUS LIMITED INCOME HOUSEHOLD . A low income household or a moderate income household which includes at least one resident of the Township of Mendham, or at least one salaried employee of the Township of Mendham, or at least one salaried employee of the Mendham Township Board of Education, or at least one member of a fire company constituting a part of the Fire Department of the Township of Mendham.

INSTITUTIONAL USES . Public buildings, municipal and other nonprofit uses, including churches, schools teaching academic subjects and hospitals.

INTERESTED PARTY . In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and in the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the township, whose right to use, acquire, or enjoy property is or may be affected by any action taken under this ordinance, or under any other law of the State of New Jersey or of the United States have been denied, violated or infringed by an action or a failure to act under the Municipal Land Use Law, R.S. 40:55D-1 and following.

LAND . Any ground, soil or earth including marshes, swamps, drainageways and areas not permanently covered by water.

LAND DISTURBANCE . Any activity involving the clearing, cuffing, excavation, grading, filling, storing or transporting of land or any other activity which causes land to be exposed to the danger of erosion.

LANDSCAPING . The additions of lawns, trees, shrubs, plants, and other natural and/or decorative features to land.

LIMITED INCOME HOUSING (LIH) . Dwelling accommodations made available to indigenous or non-indigenous low and moderate income households at costs not exceeding the limits provided in subsection 21-4.7.

LOADING SPACE . An off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while lading or unloading merchandise or material.

LOT . A parcel of land, the location, dimensions and boundaries of which are set forth on the latest township tax map. Despite what may be disclosed on the township tax map, however, if contiguous substandard lots are in common ownership and are needed to meet the requirements of the zone district in which located, the entire land area shall for the purposes of administering and enforcing this ordinance be construed to be one lot.

a. LOT FRONTAGE . The horizontal distance measured along the full length of that portion of the right-of way line of a street on which the lot fronts. For lots fronting on curves, frontage may be measured at the front setback line, provided that the lot side lines adjoining the front yard are perpendicular or radial to the street right-of-way line and that the actual street frontage measures at least seventy-five percent (75%) of the minimum specified for the district. In the B, R, CR-1 and CR-2 Zones, when a lot faces on two streets the required frontage shall be increased by a minimum of twenty-five (25) feet.

b. LOT DEPTH . The mean distance between the front and rear property lines of any lot.

c. LOT WIDTH . The shortest straight line distance between the two sidelines of any lot. If a lot shall not have parallel sidelines, the average of such widths taken at 10 foot intervals and parallel to the front street line throughout the depth of the lot shall constitute the width of the lot.

d. LOT AREA . The total square unit contents of any lot as measured within the lot lines.

e. CORNER LOT . A lot at the junction of and having frontage on two or more intersecting streets. A corner lot is also a lot bounded on two or more sides by the same street. The greater frontage of a corner lot is its depth, and its lesser frontage is its width.

f. THROUGH LOT . In the case of a lot running though from one street to another, the frontage of such lot shall be considered that frontage upon which the majority of the buildings in the same block front; but in the case there has been no clearly defined frontage established, the owner may when applying for a construction permit specify on his permit application which lot line shall be considered the front lot line.

LOT GEOMETRY CIRCLE (LGC) . A circle having a diameter as provided in the Schedule of Requirements made a part of this ordinance by subsection 21-2.2, Zoning Map and Schedule of Requirements, and which can be inscribed within a lot in a manner as provided in subsection 21-4.8, Lot Geometry and Net Building Envelope Area Regulations, to be utilized for lot design purposes to establish appropriate lot geometry.

LOW INCOME HOUSEHOLD . A household in which the total income is not more than that specified in subsection 21-4.7.

MAINTENANCE GUARANTEE . Any security which may be accepted by the township for the maintenance of any improvements required by this ordinance, including but not limited to a surety bond, an irrevocable letter of credit meeting the requirements of R.S. 40:55D-53.5, and cash.

MAJOR SITE PLAN . A plan of development in compliance with site plan design standards and site plan details as required by this ordinance and not classified as a minor site plan.

MAJOR SUBDIVISION . Any subdivision not classified as a minor subdivision, and any subdivision proposing the development of a private street or proposing subdivision of lots which are provided frontage by a private street.

MASTER PLAN . A composite of one or more written or graphic proposals for the development of the municipality as set forth and adopted pursuant to Section 19 of the Municipal Land Use Law, R.S. 40:55D-28.

MAY . The use of this word indicates a permissive action.

MINOR SITE PLAN . A plan of development in compliance with site plan design standards and site plan details as required by this ordinance of one or more lots or parcels of land, none of which are located in an area of special flood hazard and involving in the case of a residential use not more than one dwelling unit and in the case of a non-residential use a land area not exceeding 1500 square feet. A minor site plan shall not involve planned development, residential cluster nor any new street nor any extension of an existing street nor any off-tract improvement. A proposed development not conforming to Chapter XXI, Zoning Regulations, or the Master plan shall not be classified as a minor site plan application.

MINOR SUBDIVISION . A minor subdivision is one of the following:

a. Any subdivision of a lot, tract or parcel into not more than three lots for single-family residential purposes, all of which lots front on an existing improved street and all of which are adequately drained, and not involving (1) a planned development; (2) a new street; (3) any extension of municipal facilities; (4) any adverse effects upon the development of the remainder of the parcel or adjoining property; (5) any conflict with any provision of this ordinance or of the master plan; of (6) any land which was the subject of minor subdivision application and approval granted less than five years before the current application.

b. Except as provided in paragraph c. below, any subdivision of a lot, tract or parcel into two lots for the sole purpose of merging one of the subdivided lots with an adjoining lot, tract or parcel provided all the following conditions are complied with:

1. The remaining subdivided lot will front on an existing improved street and conforms to the zoning ordinance.

2. The adjoining lot, tract or parcel fronts on an existing improved street.

3. The merging lot, although not required to front on an existing street or conform to the size or area requirements of Chapter XXI, Zoning Regulations, when combined with the adjoining lot forms a single lot, tract or parcel which is not in conflict with the requirements of Chapter XXI.

4. The subdivision will not adversely affect the development of the remainder of the subdivided parcel or the adjoining property and is not in conflict with any provision of this ordinance or the master plan.

5. The newly formed combined lot resulting from the combination or the merging lot and the adjoining lot is adequately drained.

c. Any subdivision as defined in paragraph b. above, where it appears that the remaining subdivided lot or the adjoining lot, or both, do not conform to the requirements of Chapter XXI, provided, however, that the planning board shall have determined that the subdivision will not adversely affect the development of the reminder of the subdivided parcel or the adjoining property and is not in conflict with any portion of the master plan and that the existing nonconformity of either or both such lots shall not be increased by such subdivision.

d. The installation of off-tract improvements may be required by the planning board as conditions for the approval of a minor subdivision, provided that such subdivision does not involve a new street.

e. Minor subdivision includes consolidation of lots as defined herein where the number of lots produced by such consolidation is not more than three.

MODERATE INCOME HOUSEHOLD . A household in which the total income is not less nor more than that specified in subsection 21-4.7.

MUNICIPAL AGENCY . The Township Planning Board, the Zoning Board of Adjustment and the Township Committee, as well as any other Township agency when such agency is acting pursuant to the provisions of this ordinance.

MUNICIPAL LAND . Any property owned in fee by the Township, any street right-of-way, and any Township easement (including but not limited to any conservation, drainage, walkway or utility easement). For purposes of this Chapter, a street right-of-way or utility easement which is dedicated for public use on a subdivision plat or site plan and in which improvements are required to be installed shall be deemed to be municipal property only upon and after the formal acceptance of such right-of-way or easement by the Township.

NONCONFORMING STRUCTURE . A building which does not conform to the regulations for the zone district in which it is located and which was not prohibited by any zoning regulation at the time when the building was erected.

NONCONFORMING USE . A use of a building or land or both which does not conform to the use regulations for the zone district in which it is located and which was not prohibited by any zoning regulation at the time when the use was commenced.

NON-INDIGENOUS LIMITED INCOME HOUSEHOLD . A low income household or a moderate income household other than an indigenous limited income household as defined in this chapter.

NUISANCE . Any private action which unreasonably interferes with the comfortable enjoyment of another's property, which may be enjoined or abated and for which the injured or affected property owner may recover damages.

OFFSITE . Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is subject of a development application or within a contiguous portion of a street or right-of-way.

OFF-TRACT IMPROVEMENT . An improvement or facility which is not located on the property which is the subject of an application for development nor on a contiguous portion of a street or right-of-way and which is required in the public interest and the public need for which would not arise but for the improvement of the lands which are the subject of the applicant's application. Improvements required to maintain a safe flow of vehicular and pedestrian traffic are specifically declared to be necessary in the public interest. Off-tract improvements may consist of new improvements or facilities or the extension or modification of existing improvements or facilities.

ONSITE . Located on the lot in question.

ON-TRACT IMPROVEMENT . Any improvement which is located on the property which is the subject of an application for development or on a contiguous 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.

OWNER . Any person having sufficient proprietary interest in the lot sought to be subdivided, developed or used to commence and maintain proceedings to subdivide, develop or use the lot under this ordinance.

PARKING AREA . An open area, other than a street or other public way, used for the parking of motor vehicles, including access drives or aisles for ingress and egress.

PARKING SPACE . A rectangular space either outdoors or within a structure and used to accommodate off-street motor vehicle parking and meeting the area, dimensional and other standards of this ordinance.

PERFORMANCE GUARANTEE . Any security which may be accepted by the township in lieu of a requirement that certain work be done or improvements be constructed or installed prior to the time that the planning board or other municipal agency grants final approval to an application for development. The performance guarantee may consist of but is not limited to a surety bond, an irrevocable letter of credit meeting the requirements of R.S. 40:55D-53.5, and cash.

PERSON . Any individual, firm, co-partnership, corporation, company, association or other legal entity, including any trustee, receiver, assignee or other similar representative.

PLANNED DEVELOPMENT . Planned unit development, planned unit residential development or residential cluster.

PLAT . The map or maps of a subdivision.

PRELIMINARY APPROVAL . The conferral of certain rights pursuant to this ordinance prior to final approval after specific elements of a development plan have been agreed upon by the planning board.

PRELIMINARY BUILDING PLANS . Architectural drawings prepared to illustrate the functional scheme, the aesthetic concept of the building with its size, scale and relationship to its site and immediate environs, including structural and construction details only to the extent necessary to convey the broad architectural scheme, mass and finish of the building.

PRELIMINARY PLAT . A map indicating the proposed layout of the subdivision and meeting the requirements of this ordinance, which map is submitted to a municipal agency for consideration and preliminary approval.

PRELIMINARY SITE PLAN . A preliminary development plan indicating the proposed layout of the site and meeting the requirements of this ordinance, which plan is submitted to a municipal agency for consideration and preliminary approval.

PRINCIPAL STRUCTURE . A structure arranged, adapted or designed for the predominant or primary use for which a lot may be used.

PRINCIPAL USE . The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained.

PROFESSIONAL PRACTICE . An accessory use of a service character customarily conducted within a dwelling by residents thereof which is clearly incidental and secondary to the use of a dwelling for living purposes and which does not change the character or have any exterior evidence other than a small name plate, and in connection therewith there is not involved the keeping of a stock in trade. Professional practice includes but is not limited to the office of a medical doctor, dentist, engineer, architect, attorney or certified public accountant. No more than two persons not residents of the property may be employed, and such persons shall be employees and not associates.

Professional practice specifically excludes the studio of an artist, photographer, music or dancing teacher, dressmaker, milliner or seamstress, beauty parlor, tearoom, tourist home, animal hospital, mortuary and a store, trade or business or any kind involving the sale or purchase of economic goods.

PROPERTY . Any lot. Each lot within a subdivision tract shall be considered as a separate property.

PUBLIC BUILDING . A building which is used by a governmental entity or authority.

PUBLIC UTILITY FACILITIES . Electric, telephone and cable television lines, poles, equipment and structures; water and gas pipes, mains, valves and structures; and sanitary sewer pipes, valves and structures maintained, operated and conducted for the service, convenience, necessity, health and welfare of the general public, whether owned by a public utility corporation or by a governmental entity or authority.

QUORUM . A majority of the total authorized membership of a municipal agency.

RECHARGE SOILS . Permeable soils which have a high capacity or ability to absorb storm water and replenish ground water.

RELIGIOUS PRACTICE . A religious use, other than the conduct of an organized activity, performed by and intended solely for residents of a single family dwelling in association with that residential use.

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

RESUBDIVISION . (a) 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 (b) 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 not including conveyance so as to combine existing lots by deed or other instrument.

SCHEDULE OF REQUIREMENTS . The schedule constituting a part of Chapter XXI, Zoning Regulations, and adopted by subsection 21-2.2.

SCIENTIFIC BREEDING FARM FOR DOGS . An area devoted to the selective breeding for scientific purposes of dogs involving no profit or commercial motive, the purpose being to raise dogs physically and temperamentally suitable for assisting physically handicapped human beings in all possible ways.

SEASONAL HIGH WATER TABLE . The highest levels reached by ground water during the year, usually but not necessarily occurring during the months of January through April.

SECOND FLOOR . Any area with heat and/or finished interior walls immediately above a first story or above a garage.

SETBACK . The required yard or distance between a building and a property line.

SETBACK LINES . Lines within a lot showing all required setbacks.

SHALL . The use of this word indicates a mandatory requirement.

SHALLOW WATER TABLE SOILS . Soils having a seasonal high water table within two (2) feet of the ground surface.

SHOP, RETAIL . A building or part thereof in which or from which a service is rendered directly to the ultimate consumer.

SHRUB . Any woody perennial plant with multiple stems or trunks and a thicket of twiggy branches with a height between 2 ft. and 15 ft.

SIGN . Any device, free-standing or attached to a building or post or anything requiring support from the ground, or erected, painted, represented or reproduced upon or in any building or structure, which displays, reproduces or includes any letter, word, name, number, model, insignia, design, device or representation used for, but not limited to, one or more of the following purposes: to identity the premises or occupant or owner of the premises; to advertise any trade, business, profession, industry, service or other activity; to advertise any product or item; or to advertise the sale or rental or use of all or any part of any premises, including that upon which it is displayed. A name painted upon or attached to a box for the delivery of mail or a notice to the public of any kind erected by or at the direction of the state, the county or the township shall not constitute a sign for purposes of this ordinance.

SIGN AREA . The area of a sign shall be computed by multiplying the greatest horizontal dimension of the display surface by the greatest vertical dimension of the display surface, and any framing or edging shall be considered as part of the display surface. In the case of a free-standing sign, posts or other supporting devices shall not be included in computing the area of the sign.

SINGLE OWNERSHIP . Ownership by one person or by two or more persons whether jointly, as tenants by the entirety, or as tenants in common, of a separate lot or parcel of real property not adjacent to land in the same ownership.

SITE PLAN . A plan of one 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, flood plains, 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, structures, signs, lighting and screening devices; and (c) any other information reasonably necessary and required in order to make an informed determination as to compliance with applicable requirements of this ordinance.

SOIL . All unconsolidated mineral and organic material of whatever origin which overlies bedrock and which can be readily excavated.

SOIL EXTRACTION . Any activity consisting of digging, excavating and removing soil from any property.

STEALTH TOWER STRUCTURE . Simulated trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

STEEP SLOPE . A slope with a grade of 15 percent or greater.

STORE, RETAIL . A building or part thereof in which or from which merchandise is sold directly to the ultimate consumer.

STORM WATER . Water produced by rain, flood, drainage, springs and seeps flowing over the land surface or in a stream.

STORM WATER RUNOFF . Any flow of water over the land surface.

STORM WATER RUNOFF DAMAGE . Any damage or harm to land, vegetation, water supplies or property values which results or is likely to result when the dispersion of surface water is increased in rate, velocity or quantity or when the water quality is degraded. Such damage or harm includes but is not limited to flooding, soil erosion, siltation and other pollution of watercourses and the diminished recharge of ground water.

STORY . That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there be no floor above it, then the space between any floor and the ceiling next above it. For purposes of this ordinance, any basement having 50 percent or more of the aggregate surface areas of all walls located above grade or having 50 percent or more of all walls located above the front wall located above grade shall be considered a story. In addition to the above, a basement located in a non-residential building shall be considered a story unless the basement is and remains unfinished and unutilized except for storage or utility purposes.

STORY, HALF . A space in a building situated above a story and under a sloping roof, in which total floor area of the story directly beneath.

STREAM . Any body, either natural or man-made, of constantly or intermittently flowing water whether designated as a stream, brook, fill or otherwise and consisting of bed, banks and watercourse.

STREET . "Street" means any street, avenue, boulevard, road, parkway, viaduct, drive or other way (1) which is an existing State, county or municipal roadway, or (2) which is shown upon a plat heretofore approved pursuant to law, or (3) which is approved by official action as provided by law, or (4) which is shown 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, curbs, sidewalks, parking areas and other areas within the street lines.

**Webmasters Note: The previous definition has been amended as per Ordinance No. 13-2005.

STREET, EXISTING IMPROVED, AS APPLIED TO MINOR SUBDIVISION . Any street presently maintained by the state, county or township and which by reason of its condition can be traversed at all times of the year by modern motor vehicles and provides adequate access for fire-fighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety.

STREET LINE . The right-of-way line of a street as indicated by public usage, dedication or deed or record.

**Webmasters Note: The definition for Street, Private has been repealed as per Ordinance No. 13-2005.

STRUCTURE . Anything constructed, erected or placed, permanently or temporarily, which require location on or support from the ground or attachment to something requiring such support, except trees, plantings, fences, hedges or currently licensed motor vehicles. Any part of any public utility facilities or any part or any other system which is entirely underground shall not be considered to be a structure. The term "structure" shall include the term "building".

SUBDIVIDER . Any person commencing proceedings under this ordinance to effect a subdivision of land hereunder for himself or for another. The term "subdivider" shall include the term "developer".

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 following shall not be considered subdivisions within the meaning of this ordinance 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 5 acres or larger in size; (2) divisions of property by testamentary or intestate provisions; (3) divisions of property under court order, including but not limited to judgments of foreclosure; (4) consolidation of existing lots by deed or other recorded instrument; or (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 township clerk 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 Township of Mendham. The term "subdivision" shall also include the term "resubdivision".

SUBDIVISION AND SITE PLAN REVIEW COMMITTEE . A committee of at least three planning board members appointed by the chairman of the board for the purpose of reviewing subdivisions and site plans submitted to the board in connection with applications for development and for the purpose of performing such other duties relating to land development as may be assigned to this committee by the board.

THIS ORDINANCE . The Land Use Ordinance of the Township of Mendham consisting of Chapter Xi through XXIV of the Revised General Ordinances of the Township of Mendham, 1970, as amended and supplemented.

TOWER . Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar wireless telecommunication purposes, including self-supporting lattice towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.

TOWNSHIP . The Township of Mendham, in the County of Morris.

TRANSCRIPT . A typed or printed verbatim record of the proceedings or reproduction thereof.

TREE . Any woody perennial plant with a main stem or trunk exceeding four (4) inches in diameter measured at a point four (4) feet above the existing or normal ground level for such plant, provided, however, that a dogwood, birch or American Hornbeam shall be considered a tree for purposes of this Chapter if the main stem or trunk exceeds two (2) inches in diameter measured at a point four (4) feet above the existing or normal ground level for such tree.

TREE REMOVAL PERMIT . A permit issued pursuant to the provisions of this Chapter authorizing the removal of a tree or trees located upon an undeveloped lot within the Township.

UNDEVELOPED LOT . Any lot upon which no principal structure is located or any lot upon which a principal structure is located but is to be removed or abandoned as a condition or in furtherance of a plan for development of said lot. A principal structure shall be considered as removed or abandoned when 25% or more of the floor area of the existing structure is removed, or if an addition containing more than 50% of the floor area of the existing structure is attached thereto, or if there is a change in use of the existing structure.

Whenever preliminary subdivision approval has been granted, each lot shown upon the subdivision plat which does not have a principal structure located thereon shall be deemed a separate undeveloped lot. Notwithstanding the foregoing, the following shall not be considered an undeveloped lot: (a) any municipal land as defined in this chapter; (b) any parcel of land owned in fee by another governmental entity or by a public utility company regulated by the State Board of Public Utilities; (c) any lot which is the subject of a farmland assessment; or (d) any lot upon which an income-producing nursery or orchard business is conducted as a permitted use under applicable zoning regulations or as a legally recognized nonconforming use.

VARIANCE . Permission to depart from the literal requirements of a zoning regulation.

WATER BODY . Any natural or artificial collection of water, whether permanent or temporary, including any area adjacent thereto subject to inundation by reason of overflow of flood water.

WATERCOURSE . A natural or artificial river, stream, brook, ditch, channel, conduit, gully, drain, culvert, ravine, wash or other waterway in which water flows in a definite direction or course, either continuously or intermittently, within a definite channel, and including any area adjacent thereto subject to inundation by reason of overflow of flood water.

WATERSHED . An area of surface water runoff related to a point of concentration.

WETLANDS . Those areas inundated or saturated by surface of ground water at a frequency and duration sufficient under normal circumstances to support a prevalence of vegetation typically adapted for life in saturated soil conditions. Typical wetland vegetation includes (trees) red maple, yellow birch, ash, basswood, black gum; (shrubs) box elder, river birch, alder, willow, buttonbush, spicebush, witch hazel, viburnums, highbush blueberry, arrowwood; (herbs and grasses) skunk cabbage, spring herbs, sedges and mosses, cattail, ferns; and similar such trees, shrubs and herbs and grasses. Wetlands include swamps, marshes, bogs, and similar areas such as sloughs, potholes, wet meadows, streams, lakes, ponds as well as areas in which the seasonal high water table is within six inches of the ground surface.

WIRELESS TELECOMMUNICATIONS . Any personal wireless services as defined in the Telecommunications Act of 1996, which includes FCC licensed commercial wireless telecommunications services including cellular, personal communication services, specialized mobile radio, enhanced specialized mobile radio, paging and similar services that exist or that may be developed in the future.

WORD USAGE . Words used in the present tense include the future, the singular number includes the plural, and the plural the singular. The word "lot" includes the word "plot". The word "building" includes the word "structure". The term "such as" where used herein shall be considered as introducing a typical or illustrative, rather than an entirely exclusive or inclusive designation of permitted or prohibited uses, activities, establishments or structures. The words "zone" and "district" are synonyms.

YARD . An open space, unoccupied except by a structure of use as specifically permitted by this ordinance, measured, respectively, from all points on the abutting street right-of-way line, side lot line and rear line to the foundation wall of the principal structure. All measurements are to be made at right angles to straight portions and to tangents of curved portions.

a. FRONT YARD . A yard situated between the principal structure and the street right-of-way line, extending across the full width of the lot.

b. SIDE YARD . A yard situated between the principal structure and a side line of the lot, extending between the front yard and the rear yard.

c. REAR YARD . A yard situated between the principal structure and the rear lot line, extending across the full width of the lot.

ZONING MAP . The map entitled: "Township of Mendham, Morris County, New Jersey, Zoning Map, March 2001" and adopted by Chapter XXI, Zoning Regulations.

ZONING PERMIT . A document signed by the zoning officer (1) which is required by this ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and (2) which acknowledges that such use, structure or building complies with the provisions of the zoning regulations or variance therefrom duly authorized by the planning board or the zoning board of adjustment. The document required to be issued by the zoning officer prior to the issuance of a construction permit shall be know as a construction/zoning permit. The document required to be issued by the zoning officer prior to the issuance of a certificate of occupancy shall be known as an occupancy/zoning permit.