Glossary forMahwah Township, Bergen County, NJ

DOMESTIC SEWAGE shall mean waste and wastewater from humans or household operations.

ILLICIT CONNECTIONS shall mean any physical or non-physical connection that discharges domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer-system operated by the Township of Mahwah, unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit. Non-physical connections may include, but are not limited to, leaks, flows, or overflows .into the municipal separate storm system.

INDUSTRIAL WASTE shall mean non-domestic waste, including, but not limited to, those pollutants regulated under Section 307(a), (b), or (c) of the Federal Clean Water Act (33 U.S.C.. § 1317(a), (b), or (c)).

MUNICIPAL SEPARATE STORY SEWER (MS4) shall mean a conveyance or system of conveyances (including roads with drainage systems; municipal streets; catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Township of Mahwah or other public body, and is designed and used for collecting and conveying stormwater.

NJPDES PERMIT shall mean a permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A.

NON-CONTACT COOLING WATER shall mean water used to reduce the temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product. Non-contact cooling water may however contain algaecides, or biocides to control fouling of equipment such as heat exchangers, and/or corrosion inhibitors.

PERSON any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

PROCESS WASTEWATER shall mean any water which, during manufacturing or processing; comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than non-contact cooling water.

STORMWATER shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.

HISTORIC DISTRICT shall mean one or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.

HISTORIC SITE shall mean any real property, manmade structure, natural object or configuration or any portion or group of the foregoing which has been formally identified in the Master Plan as being of historical, archaeological, cultural, scenic or architectural significance.

MINOR APPLICATION shall mean any application for a permit not in conjunction with an application for development to the Planning Board or Board of Adjustment shall be considered as a minor permit if. (a) there is no change to the structural members of the building, and (b) the estimated cost of the proposed work is less than five thousand ($5,000.00) dollars, and (c) less than five (5%) percent of the historic structure is affected by the proposed work. A demolition permit shall not be a minor application.

ORDINARY MAINTENANCE shall mean repairing any deterioration, wear or damage to a structure, or any part thereof, in order to return the same as nearly practicable to its condition prior to the occurrence of such deterioration, wear or damage. Ordinary maintenance shall further include replacement of exterior elements or accessory hardware, including signs, using the same materials having the same appearance.

REPAIR shall mean any work done on any improvement which:

(a) Is not an addition to the improvement; and

(b) Does not change the exterior architectural appearance of any improvement.

ADMINISTRATIVE OFFICER shall mean the administrative clerk for any application before the Planning Board and the Board of Adjustment of the Township.

APPLICANT shall mean a developer submitting an application for development.

APPLICATION FOR DEVELOPMENT shall mean the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to law.

APPROVING AUTHORITY shall mean the Planning Board or Board of Adjustment, as the case may be, as provided in Section 22-3.

BOARD shall mean the Planning Board.

BUILDING shall mean a combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.

COMMON OPEN SPACE shall mean an open space area within or related to a site designated as a development and designed and intended for use or enjoyment by residents and owners of the development. "Common open space" may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment by residents and owners of the development.

CONDITIONAL USE shall mean a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in Chapter XXIV, Zoning, and upon the issuance of an authorization therefor by the Planning Board.

CONVENTIONAL DEVELOPMENT shall mean development other than planned development.

COUNTY MASTER PLAN shall mean a composite of the Master Plan for the physical development of Bergen County with the accompanying maps, plots, charts and descriptive and explanatory matter adopted by the Bergen County Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4.

DAYS shall mean the number of calendar days for the purpose of this Chapter.

DEVELOPER shall mean the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT shall mean 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 for which permission may be required.

DIVISION shall mean the Division of State and Regional Planning in the New Jersey Department of Community Affairs.

DRAINAGE shall mean the removal of surface water or groundwater from land by drains, grading or other means; including the control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.

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

EROSION shall mean the detachment and movement of soil or rock fragments by water, wind, ice and gravity.

FORM shall mean an area of land which is actively devoted to agricultural or horticultural use, which occupies no less than five (5) acres exclusive of the land upon which the farmhouse is located and such additional land, in conformance with the minimum lot size of the residential zone in which the farm is located, as may actually be used in connection with the farmhouse as provided in N.J.S.A. 54:4-23.3, 54:4-23.4, 54:4-23.5 and 54:4-23.11.

FINAL APPROVAL shall mean the official action of the approving authority taken on a preliminarily approved 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 shall mean the Mayor and Township Council.

HISTORIC SITE shall mean any building, structure, area or property that is significant to the history, architecture, archeology or culture of this State, its communities or the nation and has been so designated.

INTERESTED PARTY shall mean 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 Mahwah Township, whose right to use, acquire or enjoy property is or may be affected by any action taken under this Chapter or whose right to use, acquire or enjoy property under this Chapter or under any other law of this State or the United States has been denied, violated or infringed upon by an action or failure to act under this Code.

LAND shall mean improvements and fixtures on, above or below the ground surface.

LOT shall mean 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.

MAINTENANCE GUARANTY shall mean security, other than cash, which may be accepted by the Township for the maintenance of any improvements required by this Chapter.

MASTER PLAN shall mean a composite of one (1) or more written or graphic proposals for the development of the Township adopted by the Township Planning Board.

OFFICE BUILDING shall mean under the provisions of Chapter 220 of the Laws of 1975 pertaining to physically handicapped persons, as "office building" means a building or structure of more than ten thousand (10,000) square feet of gross floor area wherein commercial or business activity or service is performed or a profession is practiced or wherein any combination thereof is performed or practiced in all or the majority of such building or structure.

OFFICIAL COUNTY MAP shall mean the map, with changes and additions thereto, adopted and established from time to time by resolution of the Board of Chosen Freeholders of Bergen County pursuant to N.J.S.A. 40:27-5.

OFFICIAL MAP shall mean a map and accompanying ordinance adopted by the Township Council pursuant to law. Such a map shall be deemed to be conclusive with respect to the location and width of streets and public drainageways and the location and extent of flood control basins and public areas, whether or not such street, ways, basins or areas are improved or unimproved or are in actual physical existence.

OFF-SITE shall mean 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 contiguous portion of a street or right-of-way.

OFF-TRACT shall mean 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 shall mean located on the lot in question.

ON-TRACT shall mean 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 shall mean 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 use and enjoyment by owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.

PARTY IMMEDIATELY CONCERNED shall mean any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice.

PERFECTED APPLICATION shall mean one that is submitted in a proper and complete form including all required application forms and maps, all required fees submitted and filed within the appropriate time schedules, proof that no taxes or assessments for local improvements are due or delinquent on the property for which approval is sought and other municipal reviews and governmental approvals as provided herein.

PERFORMANCE GUARANTY shall mean any security which may be accepted by the Township, including cash, provided that the Township shall not require more than ten (10%) percent of the total "performance guaranty of in cash.

PERSON shall mean any individual, firm, association, partnership, corporation, syndicate, copartnership, trust or other legal entity.

PHYSICAL HANDICAP shall mean a physical impairment which confines a person to a wheelchair, causes a person to walk with difficulty or insecurity, affects the sight or hearing to the extent that a person functioning in public areas is insecure or exposed to danger, causes faulty coordination or reduces mobility, flexibility, coordination and perceptiveness to the extent that facilities are needed for the safety of that person.

PLAN shall mean the provisions for development of a planned development, including a plat of the subdivision; all covenants relating to use, location and bulk of buildings and other structures; intensity of use or density of development; public or private streets, ways and parking facilities; open space; and public facilities. The phrase "provisions of the plan," when used in this Chapter, shall mean the written and graphic materials referred to in this definition.

PLANNED COMMERCIAL DEVELOPMENT shall mean any area of a minimum contiguous size, as specified in Chapter XXIV, Zoning, 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.

PLANNED DEVELOPMENT shall mean planned unit development, planned residential development, residential cluster, planned commercial development or planned industrial development.

PLANNED INDUSTRIAL DEVELOPMENT shall mean an area of a minimum contiguous size, as specified in Chapter XXIV, Zoning, 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.

PLANNED RESIDENTIAL DEVELOPMENT shall mean an area with a specified minimum contiguous acreage 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.

PLANNED UNIT DEVELOPMENT shall mean an area with a specified minimum contiguous acreage to be developed as a single entity according to a plan, containing one (1) or more residential clusters, or planned residential development and one (1) or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in Chapter XXIV, Zoning.

PLAT shall mean a map or maps of a subdivision or site plan pursuant to the provisions of this Chapter or Chapter XXVI, Land Subdivision.

PRELIMINARY APPROVAL shall mean the conferral of certain rights, pursuant to this Chapter, prior to final approval after specific elements of a development plan have been agreed upon by the approving authority and the applicant.

PRELIMINARY FLOOR PLANS AND ELEVATIONS shall mean architectural drawings prepared during early and introductory stages of the design of a project, illustrating, in a schematic form, its scope, scale and relationship to its site and immediate environs.

PUBLIC AREAS shall mean public parks, playgrounds, trails, paths and other recreational areas, other public open spaces, scenic and historic sites and sites for schools and other public buildings and structures.

PUBLIC BUILDING shall mean under the provisions of Chapter 220 of the Laws of 1975 pertaining to physically handicapped persons, any building, structure, facility or complex used by the general public, including but not limited to theaters, concert halls, auditoriums, museums, schools, libraries, recreational facilities, public transportation terminals and stations, factories, office buildings, business establishments, passenger vehicle service stations, shopping centers, hotels or motels and public eating places constructed by any State, County or Municipal government agency or instrumentality or any private individual, partnership, association or corporation, with the following exceptions: one (1) to four (4) family private residence, warehouse storage areas and all buildings classified as hazardous occupancies. As used herein, "hazardous occupancy" means the occupancy or use of a building or structure or any portion thereof that involves highly combustible, highly flammable or explosive material or which has inherent characteristics that constitute a special fire hazard.

PUBLIC DRAINAGEWAY shall mean the land reserved or dedicated for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.

PUBLIC OPEN SPACE shall mean 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.

RESIDENTIAL CLUSTER shall mean 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.

SEDIMENTATION shall mean the deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.

SIGHT TRIANGLE shall mean a triangular shaped easement established at the intersection of two (2) streets or a driveway and a street in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to obstruct vision between a height of two (2') feet six (6") inches above the centerline grade of the street or driveway. The Township shall have the right of entry to remove any obstruction to vision within the sight easement area not conforming to the standards of this definition following due notice to the property owner. The triangle shall be determined along such street lot lines or edge of driveway thirty (30') feet distant from their joint intersection.

The sight triangle definition/regulation shall not apply to single family residential lots except for corner lots at the junction of and abutting on two (2) or more intersecting streets.

SITE PLAN shall mean a development plan of one (1) or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and any other information that may be reasonably required in order to make an informed determination pursuant to this Chapter.

STREET shall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing State, County or Municipal roadway or which is shown upon a plat heretofore approved pursuant to law or which is 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.

STRUCTURE shall mean a combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.

1. Divisions of land found by the approving authority to be for agricultural purposes where all 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.

4. Conveyances so as to combine existing lots by deed or other instrument. (Ord. #595; 1976 Code §145-4; Ord. #1273, §II)

ACCESSORY USE OR STRUCTURE shall mean use or structure subordinate to the principal use of a building or structure on the same zone lot and serving a purpose customarily incidental to the principal use of the principal building.

ADULT HOMES shall mean housing intended exclusively for persons fifty-five (55) years of age or older and the spouses of such persons; when necessary for the care of persons fifty-five (55) years of age or older, one (1) person other than a spouse under fifty-five (55) years of age is permitted in each household.

AFFORDABLE HOUSING PLAN shall mean Ordinance No. 1294 adopted in 1998 which sets forth regulations regarding the rental and sale of low and moderate income units in the Township of Mahwah. (Section 24-13)

ANIMAL HOSPITAL shall mean a place where animals or pets are given medical or surgical treatment. Use as a kennel shall be limited to hospital use and treatment.

ANIMAL KENNEL shall mean any building, structure or premises in which animals are kept, boarded or trained for commercial gain.

APPLICANT shall mean a developer submitting an application for development.

AUTOMOBILE SERVICE STATION OR GASOLINE STATION shall mean a building or place of business where gasoline, fuel, oil and grease and/or batteries, tires and automobile accessories are supplied and dispensed directly to the motor vehicle trade and where minor repair service is rendered.

BASEMENT shall mean a story partly above grade level, having more than one-half () of its floor-to-ceiling height above the average level of the adjoining ground. A "basement" shall be counted as a story if used for business or dwelling purposes.

BOARD shall mean the Planning Board of the Township.

BUILDING shall mean an enclosed structure having a roof supported by columns or walls. When such a structure is divided into separate parts by one (1) or more unpierced walls extending from the ground up to and through the roof, each part is deemed a separate building, except as regards minimum side yard requirements.

BUILDING HEIGHT shall mean the vertical distance from the average point of the finished grade to the mean level of the roof.

BUILDING, PRINCIPAL shall mean a structure in which is conducted the principal use of the site on which it is situated.

CARPORT shall mean a roofed structure providing space for the parking of motor vehicles and enclosed on not more than two (2) sides.

CELLAR shall mean a story partly above grade level, having more than one-half () of its floor-to-ceiling height below the average level of the adjoining ground. No "cellar" or portion thereof shall be used as a dwelling unit.

COMMON OPEN SPACE shall mean an open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. "Common open space" may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

**Webmasters Note: The previous definitions are current as per Supplement No. 9.

COURT shall mean any area which is bounded by three (3) or more attached building walls.

DEVELOPER shall mean 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.

DISTRICT OR ZONE shall mean any portion of the territory of the Township within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Chapter.

DWELLING shall mean any permanent building or portion thereof designed or used exclusively as the residence or sleeping place of one (1) or more persons.

a. DWELLING, ONE-FAMILY shall mean a building occupied or intended for occupancy exclusively by one (1) family or one (1) household, with two (2) separate direct means of access to the outside and further provided with cooking, sleeping and sanitary facilities for the use of the occupants of the unit. Also referred to as a "single-family dwelling.

b. DWELLING, TWO-FAMILY shall mean a building occupied or intended for occupancy as separate living quarters for no more than two (2) families or two (2) households, with two (2) separate means of access to the outside for each dwelling and with separate cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit, which units are separated from each other by vertical walls to and through the roof or by horizontal floors; also referred to as a duplex dwelling

c. DWELLING, MULTIFAMILY shall mean a structure or building occupied or intended for occupancy as separate living quarters for more than two (2) families or households, with two (2) separate direct means of access to the outside for each dwelling unit and further provided with separate cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit.

DWELLING, DETACHED shall mean a dwelling which is completely surrounded by permanent open spaces.

DWELLING UNIT shall mean one (1) or more rooms, occupied or intended for occupancy as separate living quarters by one (1) family or household, provided that access is directly from the outside or through a common hall and that separate cooking, sleeping and sanitary facilities are provided within the dwelling for the exclusive use of the occupants thereof. Occupancy by more than one (1) family or household within a single dwelling unit shall constitute a violation of this Chapter.

ESSENTIAL SERVICE shall mean the erection, construction, alteration or maintenance, by public utilities or Municipal or other governmental agencies, of underground, surface or overhead gas, electrical, steam or water transmission systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, light stations, telephone lines, hydrants and other similar equipment and accessories herewith, reasonably necessary for the furnishing of adequate service by such public utilities or Municipal or other governmental agencies or for the public health, safety or general welfare.

FAMILY shall mean a group of persons functioning as a single housekeeping unit and whose relationship is of a permanent, stable and domestic character as distinguished from non-familial institutional uses, boarding homes, fraternities, sororities, clubs, associations, transient housing or other similar forms of housing.

FARM shall mean an area of land which is actively devoted to agricultural or horticultural use which occupies no less than five (5) acres, exclusive of the land upon which the farmhouse is located and such additional land, in conformance with the minimum lot size of the residential zone in which the farm is located, as may actually be used in connection with the farmhouse as provided in N.J.S.A. 54:4-23.3, 54:4-23.4, 54:4-23.5 and 54:4-23.11.

FITNESS AND HEALTH CLUB shall mean a membership establishment that provides some or all of the following uses and activities provided that same are completely located within an enclosed building:

a. Aerobic areas.

b. Free weight areas.

c. Cardiovascular areas.

d. Work out floors.

e. Swimming pools.

f. Basketball courts.

g. Racquetball courts.

h. Tennis courts.

1. Rock-climbing facilities.

j. Sports facilities for soccer, lacrosse, football, softball, baseball and golf and similar sports activities.

k. Running and jogging tracks.

l. Men's and women's locker rooms.

m. Men's and women's showers, saunas and steam rooms and bathrooms.

n. Exercise machine areas.

0. Boxing areas.

p. Hot tub/Jacuzzi facilities not to exceed one (1%) percent of the gross floor area.

q. A "juice bar" or snack bar type service provided that said services are limited to no more than one point five (1.5%) percent of the gross floor area of the proposed building. Under no circumstances shall a restaurant, cafe, luncheonette, cafeteria or other similar facility, including take-out services, be permitted within said fitness and health club.

r. Storage facilities related to other permitted use established herein.

s. Pro-shop, provided that said uses shall not exceed two (2%) of the gross floor area.

t. Office spaces devoted to sales, maintenance and operation of the fitness and health club facility, provided that said areas do not exceed four (4%) percent of the total floor area.

u. Maintenance and laundry facilities directly related to the business and operations of the fitness and health club.

v. Child care facilities.

**Webmasters Note: The previous definition has been added as per Ordinance No. 1653.

FLOOR AREA shall mean the sum of the gross horizontal area of the several floors of a building measured from the exterior walls in a building. "Floor area" shall not include the area devoted to mechanical equipment serving the building, areas devoted exclusively to off-street parking and loading space for motor vehicles or to any space where the floor-to-ceiling height shall be less than seven (T) feet six (6") inches.

FLOOR AREA RATIO shall mean the ratio of floor area to land area.

GARAGE shall mean a building or a structure used for the storage of one (1) or more vehicles. If it is maintained primarily for the convenience of the resident-occupant of the premises and no service is rendered to the public or business conducted therein, it is a private garage. Any garage other than a private garage is a public garage.

GARDEN APARTMENTS shall mean one (1) or more multiple family buildings not exceeding two and one-half (2-1/2) stories or thirty-five (35') feet in height, containing off street parking, outdoor recreational facilities and as more fully required herein. Each dwelling unit therein shall contain two (2) separate direct means of access to the outside.

GRADE shall mean a reference plane representing the average of finished ground level adjoining the building at the four building corners of the structure.

GROSS DENSITY shall mean the total number of dwelling units on the tract divided by the total area of the tract, including environmentally sensitive or restricted areas. The result is expressed as dwelling units per acre (du/ac).

HABITABLE SPACE shall mean living space and rooms and other than common hallways, cellar, storage space, garage and basement.

HEALTH AND WELLNESS CENTER shall mean a hospital sponsored establishment that provides services, facilities and education to promote health, healthcare, wellness, fitness and health maintenance. Such services and facilities include exercise and fitness facilities, fitness training and education, restorative health services, physical, speech and occupational therapy, cardiovascular wellness training and similar facilities and services to enhance health, fitness, wellness and well- being. Such services, facilities and education to be provided by professional training, health, nutrition and medical personnel to the general public. Specific uses shall, at a minimum, include the following:

a. Exercise and fitness rooms and equipment.

b. Cardiovascular wellness and strength training.

c. Individual and group fitness and exercise programs.

d. Community health education programs and individual health education counseling.

e. Classrooms, meeting rooms and conference rooms.

f. Nursing and physicians offices and medical exam rooms affiliated with the use of the Health and Wellness Center not to exceed four percent (4%) of the gross floor area.

g. Rehabilitative services conducted by licensed rehabilitation, therapy or health care professionals which may include medical spas for rehabilitative therapy services provided by licensed professionals and facilities, cardiac rehabilitation, physical, speech and occupational therapies.

Additional uses may also include the following:

h. Swimming pools, lap pools, therapy pools, whirlpools, locker rooms, private changing rooms, steam rooms, saunas and showers.

1. Programs to provide individual and group aquatic exercise and rehabilitation programs.

j. Health research library and computers.

k. Child care facilities.

l. Cooking classrooms for the training and instruction of the preparation of healthful diets.

m. Cafe serving food and beverages in an area not to exceed three percent (3%) of the gross floor area of the proposed facility with no more than fifty (50) seats.

n. Retail sales of durable medical equipment and health related merchandise, vitamins and supplements, apparel, educational material, and other items consistent with the Health and Wellness Center use. The retail space shall not exceed two percent (2%) of the gross floor area of the proposed facility.

0. Storage facilities related to the Health and Wellness Center use; maintenance and laundry facilities related to the business and operation of the Center.

**Webmasters Note: The previous definition has been added as per Ordinance No. 1653.

HEIGHT, BUILDING shall mean the vertical distance from the average point of the finished grade to the mean level of the roof

HEIGHT, COURT shall mean the vertical distance from the lowest level of the court to the mean height of the top of the enclosing walls.

HEIGHT, STORY shall mean the vertical distance from top to top of two successive tiers of beams or finished floor surfaces; and, for the topmost story, from the top of the floor finish to the top of the ceiling joists, or, when there is not a ceiling, to the top of the roof rafters.

**Webmasters Note: The previous definitions, Family through Height, Story, have been amended as per Supplement No. 10.

HEIGHT, WALLS shall mean the vertical distance from the foundation wall or other immediate support of such wall to the top of the wall

HISTORIC SITE shall mean any building, structure, area or property that is significant in the history, architecture, archeology or culture of this State, its communities or the nation and has been so designated.

HOME OCCUPATION shall mean a lawful service occupation or service profession which is customarily carried on in a residence and is clearly incidental and secondary to the residential use of the premises.

HOME OFFICE shall mean the use of a portion of a single family dwelling as an office area for use only by members of the household residing on the premises.

HOOFED ANIMALS shall mean any animal which is a solid-hoofed or cleft-hoofed quadruped, including but not limited to horses, ponies, sheep, goats, cows, donkeys and mules, but excluding swine and pigs, whether mature animals or their young

HOUSEHOLD shall mean a group of not more than three (3) persons who are not related by blood, marriage or adoption, living together as a single housekeeping unit.

IMPROVED LOT coverage shall mean the percentage of lot area which is improved with principal and accessory buildings, structures and uses, including but not limited to driveways, parking lots and garages and other manmade improvements

INDUSTRIAL PARK shall mean a contiguous tract of land or ten (10) acres or more upon which the principal use shall be one (1) or more industrial uses, which shall be developed or subdivided as a single planned entity and shall meet the requirements of this Chapter.

LOT shall mean 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

a LOT, CORNER shall mean a parcel of land at the junction of and abutting on two (2) or more intersecting streets.

b LOT, INTERIOR shall mean a parcel of land other than a corner lot.

c LOT, THROUGH shall mean a parcel of land which extends through from one street to another.

LOT AREA shall mean the computed area contained within the lot lines.

LOT COVERAGE shall mean that portion of a lot which is occupied by buildings and accessory structures but not including walkways, driveways, patios and open parking lots.

LOT DEPTH shall mean the mean horizontal distance between the front lot line and rear lot line, measured at the following points: (1) at the midpoint of the front lot line to the midpoint of the rear lot 1ine, and (2) at a point where the two opposing side lines are closest to each other, draw a straight line along each side of the lot that extends as close as perpendicular as possible from the front lot line, to the rear lot line. In the case of a triangular shaped lot, wherein there is no discernable rear lot line, the lot depth measurement shall be taken from the midpoint of the front lot line to the intersection of the side lot lines where that occurs most distant from the front lot line.

**Webmasters Note: The previous definition has been amended as per Ordinance No. 1482.

LOT FRONTAGE shall mean the length of the front lot line.

LOT LINE shall mean a line of record bounding the lot

a LOT LINE, FRONT shall mean the lot line separating the lot from the street right-of-way, also referred to as a "street line "

b LOT LINE, REAR shall mean the lot line opposite and most distant from the front lot line.

c LOT LINE, SIDE shall mean any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a "side street lot line."

LOT WIDTH shall mean the distance between the side lines, measured parallel to the front lot line at the required front yard setback line.

MOBILE HOME shall mean any commercially manufactured vehicle, or combination thereof, used, designed or intended for use, for permanent occupancy as living quarters for one (1) family or household, designed to be moved occasionally from one location to another by means of wheels affixed to an axle or carriage affixed to the vehicle, propelled by the power of another vehicle to which it may be attached, and whether the axle or carriage to which the wheels may be affixed is detachable or detached.

MOBILE HOME PARK shall mean one (1) or more parcels of land under single ownership which have been planned for the placement of two (2) or more mobile homes, appurtenant structures or additions.

MOTOR VEHICLE BODY REPAIR SHOP shall mean a place of business within a principal building where the bodies of motor vehicles are repaired and/or rehabilitated. Motor vehicles shall be limited to passenger cars, vans and small trucks not exceeding two (2) tons in weight classification. Permitted activities include metal fabricating and refinishing, sanding and painting and other related mechanical activities necessary to repair auto bodies.

NET DENSITY shall mean the total number of dwelling units within a designated residential land use parcel divided by the total land area of the designated residential land use parcel less major recreational facilities, streets and public facilities within the parcel. The result is expressed as dwelling units per acre (du/ac).

NONCONFORMING LOT shall mean a lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this Chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING STRUCTURE shall mean a structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this Chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING USE shall mean a use or activity which was lawful prior to the adoption, revision or amendment of this Chapter but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NUISANCE shall mean any unlawful use or uses which are unreasonable under all circumstances or which will endanger the health or welfare of the adjacent properties.

OFF-SITE shall mean 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 contiguous portion of a street or right-of-way.

OFF-TRACT shall mean not located on the property which is the subject of a development application, nor located on a contiguous portion of a street or right-of-way.

ON-SITE shall mean located on the lot in question.

**Webmasters Note: The previous definitions Lot Width through On-Site is current as per Supplement No. 9.

ON-TRACT shall mean 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 shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designed 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.

PARKING AREA, PRIVATE shall mean any open area used for the temporary storage of automobiles and other vehicles for the private use solely by the occupants thereof to which such use is accessory.

PARKING AREA, PUBLIC shall mean any open area other than a street or other public way used for the temporary storage of automobiles and other vehicles and available to the public, whether for a fee or without compensation, or as an accommodation for clients, customers or employees.

PATIO HOMES shall mean an attached grouping of not more than two (2) residential dwelling units separated by vertical walls coincidental with a common lot line, with two (2) separate means of access to the outside for each dwelling and with separate cooking, sleeping and sanitary facilities for each unit.

PERSON shall mean any individual, association, partnership, corporation or cooperative group.

PLAN shall mean the provisions for development of a planned development, including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, public or private streets, ways and parking facilities, open space and public facilities. The phrase "provisions of the plan," when used in this Chapter, shall mean the written and graphic materials referred to in this definition.

PLANNED COMMERCIAL DEVELOPMENT OR SHOPPING CENTER shall mean an area of a minimum contiguous size as specified in this Chapter 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.

PLANNED DEVELOPMENT shall mean planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.

PLANNED INDUSTRIAL DEVELOPMENT shall mean an area of a minimum contiguous size as specified in this Chapter 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.

PLANNED RESIDENTIAL DEVELOPMENT shall mean an area with a specified minimum contiguous acreage 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.

PLANNED UNIT DEVELOPMENT shall mean an area with a specified minimum contiguous acreage to be developed as a single entity according to a plan, containing one (1) or more residential clusters or planned unit residential development and one (1) or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in this Chapter.

PLANNING BOARD shall mean the Planning Board of the Township.

PROFESSIONAL AND BUSINESS OFFICE shall mean a use or uses conducted entirely within a structure for the purpose of providing a professional service or conducting a business office therein, restricted solely to administrative office activities, specifically excluding the sale or transfer of any physical products or goods from the site.

PUBLIC AREAS shall mean public parks, playgrounds, trails, paths and other recreational areas; other public open spaces; scenic and historic sites; and sites for schools and other public buildings and structures.

PUBLIC OPEN SPACE shall mean 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.

RESIDENTIAL CLUSTER shall mean 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 shall mean the number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a planned development.

RESTAURANT shall mean a building or structure designed, used or intended for use in which either food or beverage or both are sold and consumed primarily within the confines of an enclosed structure on the site. A "restaurant" shall not include refreshment stands commonly called snack or dairy bars where consumption takes place outside of the structure or in automobiles parked upon the premises whether brought to the automobile by the customer or by employees of the establishment. A "restaurant" shall also include pickup or delivery services wherein food is prepared on the premises for off-premises consumption.

SHOPPING CENTER - See planned commercial development

SIGN shall mean any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public.

SIGN, ADVERTISING shall mean a sign which directs attention to an individual, business, product or service conducted, sold, leased or offered elsewhere than on the premises where the sign is located. For the purpose of this Chapter, a billboard shall be considered an advertising sign.

SIGN, AREA OF shall mean that area included within the frame or edge of the sign. Where the sign has no such frame or edge, the area shall be the minimum area which can be defined by an enclosed four (4) sided (straight side) geometric shape which most clearly outlines the said sign.

SIGN, AREA IDENTIFICATION shall mean a sign used to identify a common area containing a group of structures, or a single structure on a minimum site of five (5) acres, such as residential subdivisions, apartment complexes, industrial parks, mobile home parks, or shopping centers; located at the entrance or entrances of the area, and including but not limited to a fence, wall, archway, post or column, with the letters or symbols affixed thereto.

SIGN, BANNER shall mean a sign intended to be hung either with or without a frame, possessing characters, letters, illustrations, or ornamentation's applied to paper, plastic, or fabric of any kind.

SIGN, BUSINESS shall mean a sign used to identify either the trade, business, industry, or profession being conducted on the premises. Logo identification which is used to advertise a product, such as but not limited to "Coca Cola" or "We Sell Kodak Film", shall not be deemed to be a permitted business sign, except that personal logos, not to be used to advertise a product, shall be permitted.

SIGN, DIRECTIONAL OR INFORMATIONAL shall mean a non-advertising sign which directs attention to vehicular or pedestrian entrances or exits, parking areas, reserved parking spaces or similar site elements and is intended only for the safety and convenience of employees, patrons or visitors. No directional or informational sign shall exceed three square feet in area.

SIGN, FLASHING shall mean an illuminated sign on which artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use.

SIGN, FREE-STANDING shall mean a sign having not more than two display sides which is attached to or part of a completely self-supporting structure. The supporting structure shall be set firmly in or below the ground surface and shall not be attached to any building or structure whether portable or stationary.

SIGN, GROUND shall mean a sign having not more than two (2) display sides set firmly in or below the ground surface.

SIGN, HEIGHT shall mean a free-standing or pylon sign which shall be measured from the ground surface beneath the sign to the highest point of the sign.

SIGN, LENGTH shall mean no sign area shall have a length greater than four (4) times its height.

SIGN, MOVING shall mean a sign which rotates or shifts, or appears to rotate or shift position.

SIGN, POLITICAL shall mean a sign containing a statement about or endorsement of, any public issue or candidate(s) for public office.

SIGN, PORTABLE OR "A" FRAME shall mean an advertising device which is ordinarily in the shape of an "A" or some variation thereof, located on the ground, easily movable and not permanently attached thereto and which is usually two-sided.

SIGN, PROJECTING shall mean any sign that is affixed at an angle or perpendicular to the wall or facade upon which it is mounted, projects more than twelve (12") inches from the wall or facade upon which it is mounted or projects above the top or beyond either side of the wall or facade upon which it is mounted.

SIGN, PYLON shall mean a sign having not more than two (2) display sides which is attached to or part of a completely self-supporting structure. The supporting structure shall be set firmly in or below the ground surface and shall not be attached to any building or structure whether portable or stationary.

SIGN, REAL ESTATE shall mean a sign placed upon a property for the purpose of advertising to the public the sale or lease of the property placed thereon.

SIGN, ROOF TOP shall mean any sign wholly erected, constructed or maintained on the roof or parapet of a structure.

SIGN, TEMPORARY shall mean a non-permanent, nonilluminated wall or free-standing sign.

SIGN, WALL shall mean a sign affixed to or painted on and parallel with the surface of a wall or facade. A sign affixed to or painted on an awning, marquee or canopy shall be considered a wall sign.

SITE PLAN shall mean a representation of the proposed development, redevelopment, expansion or improvement of one (1) or more parcels of land and/or buildings in accordance with the rules and procedures of the Mahwah Township Site Plan Ordinance.

STANDARDS OF PERFORMANCE shall mean standards adopted by ordinance regulating noise levels, glare, earth-borne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matter, 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 Township, or standards required by applicable Federal, State or interstate law.

STORY shall mean that portion of a building included between the upper surface of the floor or roof next above.

a. STORY, ABOVE GRADE shall mean any story having its finished floor surface entirely above grade except that a basement shall be considered as a story above grade when the distance from grade to the finished surface of the floor above the basement is more than six (6') feet (1829 mm) for more than fifty (50%) percent of the total perimeter or more than twelve (12') feet (3658 mm) at any point.

b. STORY, HALF shall mean a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four (4') feet above the floor of such story.

c. STORY, FIRST shall mean the lowest story or the ground story of any building, the floor of which is not more than twelve (12") inches below the average contact ground level at the exterior walls of the building.

STREET shall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing State, County or Municipal roadway or which is shown upon a plat heretofore approved pursuant to law or which is 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 of such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.

STRUCTURE shall mean a combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.

SWIMMING POOL shall mean any structure having a depth greater than two (2') feet and a water surface area in excess of two hundred fifty (250) square feet which is used for swimming, bathing or wading purposes.

TOWNHOUSE shall mean a building or structure designed for or occupied by no more than one (1) family or household and attached to other similar buildings or structures by not more than two (2) party walls extending from the foundation to the roof and providing two (2) direct means of access from the outside. Furthermore, each such dwelling unit shall be provided with cooking, sleeping and sanitary facilities for the use of each family or household of the townhouse. For the purpose of this Chapter, a townhouse may include a building or structure in a fee simple, condominium, cooperative or leasehold ownership or any combination thereof.

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

VARIANCE shall mean the Board of Adjustment's authorized departure from the literal requirements and terms of this Chapter in accordance with the procedures contained herein.

YARD shall mean an open space which lies between the principal or accessory building or buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein permitted:

a. YARD, FRONT shall mean 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 parallel to and at right angles to the front lot line.

b. Yard, rear shall mean 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 or accessory building. The depth of the rear yard shall be measured parallel to the rear property line.

c. Yard, side shall mean an open, unoccupied space between the side line of the lot and the nearest line of the principal or accessory building and extending from the front to the rear yard. The width of the side yard shall be measured parallel to the side line of the lot.

ZONING BOARD shall mean the Board of Adjustment as continued under this Chapter.

ZONING MAP shall mean the Zoning Map of the Township of Mahwah, New Jersey, dated July 30, 1976, together with all amendments subsequently adopted.

ZONING OFFICER shall mean the Municipal official designated to enforce the provisions of the zoning ordinance, and to whom an application for a zoning permit is made and by whom such permits are issued.

ZONING PERMIT shall mean a document signed by the Zoning Officer which is required by this Chapter 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 which acknowledges that such use, structure or building complies with the provisions of this Chapter or variance therefrom duly authorized by the Board of Adjustment, Planning Board, or the Town Council. (Ord. #574; Ord. #622; Ord. #811; Ord. #815; Ord. #851; Ord. #860; Ord. #883; 1976 Code § 179-6; Ord. #919; Ord. #955, §II; Ord. #978, §II; Ord. #1011, §II; Ord. #1122, §VI; Ord. #1123, §II; Ord. #1135, §I; Ord. #1225, §§I, III; Ord. #1294, §III; Ord. #1368, §I; Ord. #1401, §I)

OBSCENE shall mean 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 paragraph, if it is established that:

(1) The dominant theme of the material taken as a whole appeals to the prurient interest; and

(2) The material is patently offensive because it affronts contemporary community standards, relating to the description or representation of sexual matters; and

(3) The material is utterly without redeeming social value, or the work taken as a whole lacks serious artistic, literary, political or scientific value

PERSON shall mean any individual, firm, corporation, partnership or any other type or form of business which may be conducted in this State.

ADULT BOOK STORE shall mean any business or business operation which sells, distributes or otherwise conveys any obscene materials described in paragraph (1) herein.

ISSUING AUTHORITY shall mean any statutorily created position, or board, or body including but not limited to the Planning Board, the Board of Adjustment, the Township Council, the Construction Official, the administrative officer

HOLDER shall mean any person who has been issued any certificate of occupancy, tenant approval, license or other Municipal approval by any issuing authority.

AFFORDABLE HOUSING DEVELOPMENT means a development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project, or a 100 percent affordable development.

TOWNSHIP means the Township of Mahwah.

COAH means the New Jersey Council on Affordable Housing established under the Act, which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the State.

DEVELOPMENT FEE means funds paid by an individual, person, partnership, association, company, or corporation for the improvement of property as permitted in N.J.A.C. 5:97-8.3.

DEVELOPER means 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.

EQUALIZED ASSESSED VALUE means the assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with sections 1, 5, and 6 of P.L. 1973, c.123 (C.54:1-35a through C.54:1-35c).

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

ANTENNA shall mean 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 communication signals.

BACKHAUL NETWORK shall mean the lines that connect a provider's towers/cell sites to one (1) or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

FAA shall mean the Federal Aviation Administration.

FCC shall mean the Federal Communications Commission.

HEIGHT shall mean when referring to a tower or other structure, the distance measured from the lowest finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

PREEXISTING TOWERS AND PREEXISTING ANTENNAS shall mean any tower or antenna for which a building permit or conditional use permit has been properly issued prior to the effective date of this section, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

TOWER shall mean any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed 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. The term includes the structure and any support thereto. (Ord. #1261, §2; Ord. #1316)

ADMINISTRATIVE OFFICER shall mean the administrative clerk for any application before the Planning Board and the Board of Adjustment of the Township.

APPLICANT shall mean a developer submitting an application for development.

APPROVING AUTHORITY shall mean the Planning Board of the Township or the Township Board of Adjustment, as the case may be, as provided in Section 26-3.

BOARD shall mean the Planning Board of the Township.

COMMON OPEN SPACE shall mean an open space area within or related to a site designated as a development and designed and intended for use or enjoyment by residents and owners of the development. "Common open space" may contain such complementary structures and improvements as are necessary and appropriate for use or enjoyment by residents and owners of the development.

CONVENTIONAL DEVELOPMENT shall mean development other than planned development.

COUNTY MASTER PLAN shall mean a composite of the Master Plan for the physical development of Bergen County with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the Bergen County Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4.

DAYS shall mean the number of calendar days for the purpose of this Chapter.

DIVISION shall mean the Division of State and Regional Planning in the New Jersey Department of Community Affairs.

DRAINAGE shall mean the removal of surface water or groundwater from land by drains, grading or other means, including the control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.

ENVIRONMENTAL COMMISSION shall mean a Municipal advisory body created pursuant to P.L. 1968, c. 245 (N.J.S.A. 40:56A-1 et seq.).

EROSION shall mean the detachment and movement of soil or rock fragments by water, wind, ice and gravity.

FARM shall mean an area of land which is actively devoted to agricultural or horticultural use, which occupies no less than five (5) acres exclusive of the land upon which the farmhouse is located and such additional land, in conformance with the minimum lot size of the residential zone in which the farm is located, as may actually be used in connection with the farmhouse as provided in N.J.S.A. 54:4-23.3, 54:4-23.4, 54:4-23.5 and 54:4-23.11.

FINAL APPROVAL shall mean the official action of the approving authority taken on a preliminarily approved major subdivision 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, which shall be filed with the proper County recording officer.

GOVERNING BODY shall mean the Mayor and Township Council.

INTERESTED PARTY shall mean 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 Chapter or whose right to use, acquire or enjoy property under this Chapter or under any other law of this State or the United States has been denied, violated or infringed upon by an action or failure to act under this Code.

LAND shall mean improvements and fixtures on, above or below the ground surface.

LOT shall mean 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.

MAINTENANCE GUARANTY shall mean security, other than cash, which may be accepted by the Township for the maintenance of any improvements required by this Chapter.

MAJOR SUBDIVISION shall mean any subdivision not classified as a minor subdivision.

MASTER PLAN shall mean a composite of one (1) or more written or graphic proposals for the development of the Township adopted by the Township Planning Board.

MINOR SUBDIVISION shall mean a subdivision of land that does not involve the creation of more than three (3) lots fronting upon an improved and approved street, a planned development, any new street or the extension thereof or the extension of any off-tract improvement or extension of Municipal facilities.

OFFICIAL COUNTY MAP shall mean the map, with changes and additions thereto, adopted and established by resolution of the Board of Chosen Freeholders of Bergen County pursuant to N.J.S.A. 40:27-5.

OFFICIAL MAP shall mean a map and accompanying ordinance adopted by the Township Council of the Township pursuant to law. Such a map shall be deemed to be conclusive with respect to the location and width of streets and public drainageways and the location and extent of flood control basins and public areas, whether or not such streets, ways, basins or areas are improved or unimproved or are in actual physical existence.

OFF-TRACT shall mean 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 shall mean located on the lot in question.

ON-TRACT shall mean 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 shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designed or reserved for public or private use or enjoyment or for use and enjoyment by owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.

PARTY IMMEDIATELY CONCERNED shall mean any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice.

PERFECTED APPLICATION shall mean one that is submitted in a proper and complete form, including all required application forms and maps, all required fees submitted and filed within the appropriate time schedules for minor and major subdivisions, proof that no taxes or assessments for local improvements are due or delinquent on the property for which approval is sought and other Municipal reviews and governmental approvals as provided herein.

PERSON shall mean any individual, firm, association, partnership, corporation, syndicate, co-partnership, trust or other legal entity.

PLAN shall mean the provisions for development of a planned development, including a plat of subdivision; all covenants relating to use; location and bulk of buildings and other structures; intensity of use or density of development; public or private streets, ways and parking facilities," open space; and public facilities. The phrase "provisions of the plan" when used in this Chapter shall mean the written and graphic materials referred to in this definition.

PLANNED COMMERCIAL DEVELOPMENT shall mean an area of a minimum contiguous size, as specified in Chapter XXIV, Zoning, 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.

PLANNED DEVELOPMENT shall mean planned unit development, planned residential development, residential cluster, planned commercial development or planned industrial development.

PLANNED UNIT DEVELOPMENT shall mean an area with a specified minimum contiguous acreage to be developed as a single entity according to a plan, containing one (1) or more residential clusters or planned residential development and one (1) or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in Chapter XXIV, Zoning.

PLAT shall mean a map or maps of a subdivision or site plan pursuant to the provisions of this Chapter or Chapter XXII, Site Plan Review.

RESUBDIVISION shall mean 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.

SEDIMENTATION shall mean the deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.

SUBDIVISION shall mean the division of a lot, tract or parcel of land into two (2) 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 Chapter if no new streets are created or extension of utilities are required: division of land found by the approving authority to be for agricultural purposes where all resulting parcels are five (5) acres or larger in size, divisions of property by testamentary or intestate provisions, divisions of property upon court order and conveyances so as to combine existing lots by deed or other instrument. The term "subdivision" shall also include the term "resubdivision." (Ord. #594; Ord. #599; 1976 Code § 154-4)

ADMINISTRATING OFFICIAL shall mean the Township Engineer.

ADMINISTRATIVE AGENCY FOR APPEALS shall mean the Township Planning Board.

APPEAL shall mean a request for review of the Township Engineer's interpretation of any provision of this Chapter or request for a variance.

AREA OF SHALLOW FLOODING shall mean a designated AO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one (1') to three (3') feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident.

AREA OF SPECIAL FLOOD HAZARD shall mean the land in the floodplain within a community subject to a one (1%) percent or greater chance of flooding in any given year.

BASE FLOOD shall mean the flood having a one (1%) percent chance of being equaled or exceeded in any given year.

BASEMENT shall mean any area of the building having its floor subgrade (below ground level) on all sides.

BREAKAWAY WALL shall mean a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.

DEVELOPMENT shall mean any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard.

ELEVATED BUILDING shall mean a non-basement building:

a. Built in the case of a building in an Area of Special Flood Hazard to have the top of the elevated floor or in the case of a building in a Coastal High Hazard Area to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the ground level by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water, and;

b. Adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In an Area of Special Flood Hazard "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In Areas of Coastal High Hazard "elevated building" also includes a building otherwise meeting the definition of "elevated building" even though the lower area is enclosed by means of breakaway walls.

ENFORCING OFFICER shall mean the Township Engineer.

FLOOD OR FLOODING shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from:

a. The overflow of inland or tidal waters; and/or

b. The unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD INSURANCE RATE MAP (FIRM) shall mean the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY shall mean the official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Boundary-Floodway Map and the water surface elevation of the base flood.

FLOODPLAIN MANAGEMENT REGULATIONS shall mean zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such State or local regulations, any combination, thereof, which provides standards or the purpose of flood damage prevention and reduction.

FLOODWAYS shall mean 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 (0.2') foot.

HISTORIC STRUCTURES shall mean any structure that is:

a. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) as meeting the requirements for individual listing on the National Register;

b. Certified or preliminarily determined by the Secretary of Interior as contributing to the historic district preliminarily determined by the Secretary to qualify as a registered historic district;

c. Individually listed on a local inventory of historic preservation programs which have been approved by; the Secretary of the Interior; or

d. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

1. By an approved program as determined by the Secretary of the Interior; or

2. Directly by the Secretary of the Interior in states without approved programs.

LOWEST FLOOR shall mean the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built so to render the structure in violation of other applicable non-elevation design requirements.

MANUFACTURED HOME shall mean a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreational vehicle.

MANUFACTURED HOME PARK OR MANUFACTURED HOME subdivision shall mean a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

NEW CONSTRUCTION shall mean structures for which the "start of construction" commenced on or after the effective date of a floodplain regulation adopted by a community and includes any subsequent improvements to such structures.

NEW MANUFACTURED HOME PARK OR SUBDIVISION shall mean a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by the Municipality.

RECREATIONAL VEHICLE shall mean a vehicle which is (i) built on a single chassis; (ii) four hundred (400) square feet or less when measured at the longest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as temporary living quarters for recreational, camping, travel, or seasonal use.

START OF CONSTRUCTION (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348) shall mean and include substantial improvement and mean the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration effects the external dimensions of the building.

STRUCTURE shall mean a walled and roofed building, a mobile home, or a gas or liquid storage tank, that is principally above ground.

SUBSTANTIAL DAMAGE shall mean damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50%) percent of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT shall mean any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which exceeds fifty (50%) percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:

a. Any project for improvement of a structure to correct existing State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or

b Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

VARIANCE shall mean a grant of relief from the requirements of this Chapter which permits construction in a manner that would otherwise be prohibited by this Chapter. (Ord. #440; Ord. #796; 1976 Code § 110-3, Ord. #985, § II; Ord. #993, § I; Ord. #1016, § I; Ord. #1192, § II)

APPLICANT shall mean a property owner submitting an application for a soil movement permit.

CLEAN shall mean broom clean; all soil removed. Day shall mean a calendar day.

DEVELOPMENT shall mean improvement of a lot by the construction or erection of one (1) or more buildings for residential, commercial or industrial purposes and improvement of lands through or for conservation or flood control.

ENVIRONMENTAL CONSULTANT shall mean an individual or firm retained by the Township's Environmental Commission, or in the event of the failure of said Commission to so appoint, then an individual or firm appointed or retained by the Township Council, Planning Board or Board of Adjustment. The individual or firm shall possess a degree from an accredited institution of higher learning in environmental studies.

EROSION AND SEDIMENT CONTROL MEASURES shall mean the standards for soil erosion and sediment control established by the State Soil Conservation Committee.

EXCAVATOR shall mean any person who shall move or remove soil as the terms are hereinafter defined.

LOT shall mean any parcel of land or portion thereof the boundary lines of which may be ascertained by reference to the maps and records, or either, in the office of the Tax Assessor of the Township of Mahwah or in the office of the Clerk of Bergen County.

MOVE shall mean to dig; to excavate; to remove; to import; to export; to deposit; to place; to dump; to fill; to backfill; to deliver; to grade, regrade or level; to rough grade or fine grade; to level, relocate or otherwise alter or change the location or contour; to transport; to supply; to extract or to shift the location of tree stumps. This term shall not be construed to include plowing, spading, cultivating, harrowing or disking of soil or any other operation usually and ordinarily associated with the tilling of soil for agricultural or horticultural purposes.

NUISANCE shall mean any conduct which is either unlawful in itself or unreasonable under all circumstances or the creation or maintenance of a condition which endangers the safety or health of the general public.

OWNER shall mean any person seized in fee simple of any lot.

PERSON shall mean any individual, firm, association, partnership or corporation, or any group of two (2) or more of them.

SOIL shall mean any earth, sand, clay, loam, gravel, humus, tree stumps, minerals, mud, silt, ore, muck, stone, rock or dirt, without regard to the presence or absence therein of organic matter, and any debris whether organic or construction debris including but not limited to asphalt, concrete and macadam.

SOIL MOVEMENT OPERATION shall mean delivery or removal of equipment or materials associated with soil movement; soil movement; installation or removal of erosion control measures; starting or warm-up of equipment; arrival, departure or waiting of transport vehicles for equipment or soil; street cleaning; restoration; revegetation.

STOCKPILE shall mean a reserve supply of soil accumulated on site in anticipation of future use on or off site.

TOPSOIL shall mean soil that, in its natural state, constitutes the top layer of earth and is composed of two (2%) percent or more, by weight, of organic matter and has the ability to support vegetation. (Ord. #1271, §28-1)

CAFRA PLANNING MAP means the geographic depiction of the boundaries for Coastal Planning Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C. 7:7E-5B.3.

CAFRA CENTERS, CORES OR NODES means those areas within boundaries accepted by the Department pursuant to N.J.A.C. 7:8E-5S.

COMPACTION mans the increase in soil bulk density,

CORE means a pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.

COUNTY REVIEW AGENCY means an agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance (s). The county review agency may either be:

A county planning agency; or

A county water resource association crated under N.J.S.A 58:15A55.5, if the ordinance or resolution delegates authority to approve, Conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.

DEPARTMENT means the New Jersey Department of Environmental Protection,

DESIGNATED CENTER means a State Development arid Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.

DESIGN ENGINEER means a person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but riot necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.

DEVELOPMENT means 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 structure, 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, by any person, for which permission is required under the Municipal Land Use Law , N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural lands, development means: any activity that requires a State permit; any activity reviewed by the County Agricultural Board (GAS) and 'the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act , N.J.S.A 9:1C-1 et seq.

DRAINAGE AREA means a geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody.

ENVIRONMENTALLY CRITICAL AREAS means an area or feature which is of significant environmental value, including but not limited to: stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and well head protection and groundwater recharge areas. habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Non-game Species Program.

EMPOWERMENT NEIGHBORHOOD means a neighborhood designated by the Urban Coordinating Council "in consultation and conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A 55:19-69.

EROSION means the detachment and movement of soil or neck fragments by water, wind, ice or gravity.

IMPERVIOUS SURFACE means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.

INFILTRATION is the process by which water seeps into the soil from precipitation.

MAJOR DEVELOPMENT mans any "development" that provides far ultimately disturbing one or mare acres of land. Disturbance for the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation.

MUNICIPALITY means any city, borough, town, township, or village.

NODE means an area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.

NUTRIENT means a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.

PERSON means any individual, corporation., company, partnership, firm, association, Township of Mahwah, or political subdivision of this State subject to municipal jurisdiction pursuant to the Municipal Land Use Law , N.J.S.A. 40:550,1 et seq.

POLLUTANT means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, crease. sewage sludge. munitions, chemical wastes, biological materials, medical wastes, radioactive substance (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.), thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, ground waters or surface waters of the state, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.

RECHARGE means the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.

SEDIMENT means solid material, mineral ox organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.

SITE means the lot or lots upon which a major development is to occur or has occurred.

SOIL means all unconsolidated mineral and organic material of any origin.

STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1) means an area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the state's future redevelopment and revitalization efforts.

STATE PLAN POLICY MAP is defined as the geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.

STORMWATER means water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.

STORMWATER RUNOFF means water flow on the surface of the ground or in storm sewers, resulting from precipitation.

STORMWATER MANAGEMENT BASIN means an excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).

STORMWATER MANAGEMENT MEASURE means any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal non-stormwater discharges into stormwater conveyances.

TIDAL FLOOD HAZARD AREA means a flood hazard area which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.

URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD means a neighborhood given priority access to State resources through the New Jersey Redevelopment Authority.

URBAN ENTERPRISE ZONES means a zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et. seq.

URBAN REDEVELOPMENT AREA is defined as previously developed portions of areas:

(1) Delineated on the State Plan Policy Map WPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores Or Nodes;

(2) Designated as CAFRA Centers, Cores or Nodes;

(3) Designated as Urban Enterprise Zones: and

(4) Designated as Urban Coordinating Council Empowerment Neighborhoods.

WATERS OF THE STATE means the ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

WETLANDS OR WETLAND means an area that is inundated ox saturated icy surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.