ACCESSORY BUILDING shall mean a separate and subordinate building, on the same lot with a principal structure or a portion of a principal structure, occupied or devoted exclusively to an accessory use, whether or not said accessory building has a foundation. Where an accessory building is attached to a principal structure by any means, such accessory building shall be considered part of the principal structure for the purposes of determining setback requirements.
ACCESSORY STRUCTURE shall mean a separate and subordinate structure, on the same lot with a principal structure or a portion of a principal structure, devoted exclusively to an accessory use, whether or not said accessory structure has a foundation. Where an accessory structure is attached to a principal structure by any means, such accessory structure shall be considered part of the principal structure for the purposes of determining height and setback requirements.
ACCESSORY USE shall mean a use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot as the principal use.
ADMINISTRATIVE OFFICER shall be the designated municipal official charged with administering land development regulations.
ADULT BOOK STORE shall mean any establishment having as a part of its stock-in-trade, books, magazines, photographs, pictures, films, devices, newspapers, recordings, periodicals or any other item or paraphernalia that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas, human or animal, in an obscene manner . or for obscene purposes. For the purposes of this chapter, an adult bookstore shall not be considered a retail use.
ADULT MOTION PICTURE STUDIO shall mean an enclosed used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas, human or animal, in an obscene manner or for obscene purposes. For the purposes of this chapter, an adult motion picture studio shall not be considered a retail use.
ADVERSE IMPACT shall mean a condition or situation that creates, imposes, aggravates or leads to inadequate, impractical, unsafe or unhealthy conditions or situations on a site proposed for development Or off-tract property or facilities such as, but not limited to: circulation, drainage, erosion, potable water, sewage collection and treatment. It may also relate to lighting and glare, aesthetics, quality of life, and impact on environment.
AFFORDABLE HOUSING BOARD shall mean a municipal agency appointed by the Mayor with confirmation of the Borough Council for the purpose of monitoring the Borough's program for construction of low and moderate income housing units in the Borough and which shall have such powers and duties as may be conferred upon it by this chapter.
AGE-RESTRICTED MULTI-FAMILY HOUSING shall mean a building occupied as separate living quarters with a maximum of sixteen (16) dwelling units with separate cooking, sleeping and sanitary facilities. Each dwelling unit shall have its own entrance and at least one of the primary occupants shall be fifty-five (55) years of age or older pursuant to bylaws, rules, regulations and restrictions of record.
AGRICULTURE shall mean the cultivation of the soil and the raising and harvesting of the products of the soil, including but not limited to nursery, horticulture and forestry, whether for profit, private or personal use.
AGRICULTURAL NURSERIES shall mean all lands, premises and buildings upon, on or in which plants, trees, shrubs or vines of any kind, whether for fruit, shade of ornament, are grown for sale, transplanting or experimentation.
ALTERATION shall mean any change, addition or modification in the construction or arrangement of a building or site.
ALTERATION OF BUILDING shall mean any change in the supporting members of a building, such as bearing walls, columns, beams, girders, as well as any change in the size or location of doors, or windows or any addition to or diminution of a building. This definition shall include a change in use to a different use or to a use of greater intensity, enlargement of a use, a conversion of a building or of a part thereof, or removal of a building from one location to another on the same lot or a different lot.
ALTERNATIVE TOWER STRUCTURE shall mean man-made 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.
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 N.J.S.A. 40:5513-34 or 40:5513-36.
AS-BUILT PLANS shall mean original design documents, which have been certified to reflect that the actual construction conforms to the documents or modified to reflect actual construction.
ATTIC shall mean an open, non-habitable space between the ceiling beams of the top habitable story and the roof rafters in any building.
ATTIC, HABITABLE shall mean an attic which has a stairway as a means of access and egress and in which the ceiling height must be a minimum of seven (7) feet above at least fifty (50%) percent of the required area with no portion of the ceiling less than five (5) feet in height and shall have a minimum floor area of not less than seventy (70) square feet and shall not be less than seven (7) feet in any horizontal dimension.
AUTOMOBILE DEALERSHIP shall mean the use of any building, land area, or other premises, for the display and sale of new or used automobiles generally, but may include light trucks or vans, trailers, or recreational vehicles and including any vehicle preparation or repair work conducted as an accessory use.
AUTOMOTIVE SERVICE STATION shall mean any building, land area, or other premises or portion thereof, used for the retail dispensing or sales of vehicle fuels; servicing and repair of automobiles; and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar vehicle accessories.
AVERAGE GRADE PLANE shall mean a reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six (6) feet from the building and a point six (6) feet from the building.
BACKHAUL NETWORK shall mean the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices and/or long distance providers or the public switched telephone network.
BASEMENT, HABITABLE shall mean that portion of the building that is partly or completely below grade, but having more than one-half () its clear height above the average grade of the adjoining ground and having at least one means of egress directly to the exterior part of the building. In a residential structure, a basement shall not be considered a story.
BASEMENT, NON-HABITABLE shall mean a space with less than one-half () of its floor-to-ceiling height above the average finished grade of the adjoining ground or with a floor-to-ceiling height of less than six and one-half feet (6 ). A cellar shall not be used as a dwelling unit.
BEDROOM shall mean a private room planned and intended for sleeping, separated from other rooms by a door, and accessible to a bathroom without crossing another bedroom.
BERM, LANDSCAPING shall mean in the case of landscaping, a graded, landscaped mounding of earth.
BERM, ROADWAY shall mean in the case of roadway or similar construction, a graded, unpaved area adjacent to the roadway pavement that will function in an emergency as a paved shoulder.
BLOCK shall mean a unit of land bounded by streets and public land, railroad right-of-way, waterways, or any other barrier to the continuity of a development.
BOARD shall mean the Planning Board or the Zoning Board of Adjustment of the Borough of Roseland, as the case may be
BODY PIERCING AND ESTABLISHMENTS shall mean and include the definitions in Chapter IV, Section 4-6, of the Revised General Ordinances of the Borough of Roseland. For purposes of this chapter, a body piercing establishment shall not be considered a retail use. (New)
BOND. See Guarantee.
BOROUGH shall mean the Borough of Roseland, Essex County, New Jersey.
BOROUGH ADMINISTRATOR shall mean the Administrator of the Borough of Roseland.
BOROUGH COUNCIL shall mean the Governing Body of the Borough of Roseland.
BOROUGH ENGINEER shall mean the municipal official designated by the Governing Body as the Borough Engineer.
BOROUGH PLANNER shall mean the Planner of the Borough of Roseland.
BOROUGH STANDARD DETAILS shall mean standard construction details available in the office of the Borough Engineer.
BUFFER shall mean a strip of land of specified width containing natural woodlands, earth mounds, or other planted screening material.
BUILDING shall mean a combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
BUILDING AREA shall mean the aggregate of the maximum horizontal cross section areas, excluding cornices, eaves and gutters, of all buildings on a lot.
BUILDING ENVELOPE shall mean an area, generally described by building setback lines, depicting the area within which the buildings) will be constructed. (See Appendix A for illustration)
BUILDING FOOTPRINT shall mean the horizontal area contained within the outer dimensions of all buildings.
BUILDING HEIGHT. (See Height of Structure)
BUILDING LINE shall mean a line parallel to the street line touching that part of a building closest to the street.
BUILDING, PRINCIPAL shall mean a building in which is conducted the principal use of the lot on which it is located. (See Principal Structure)
BUILDING SETBACK LINE shall mean that line that is the minimum distance from any lot line and that establishes the area within which the principal structure must be erected or placed.
BUILDING SUBCODE OFFICIAL shall mean the individual designated by the appointing authority to enforce the provisions of the building code.
BUSINESS LUNCHEON CLUB, NONPROFIT CHARTERED MEMBERSHIP shall mean a bona fide nonprofit group organized for the benefit and enjoyment of its members who shall be either (1) persons having a business residence, i.e.: as owners, tenants or occupants, of any building located in an OB Zone district in the Borough of Roseland, or (2) residents of the Borough of Roseland. For the purpose of this definition, a resident is defined as a person who has permanently resided in the Borough of Roseland for a period exceeding three (3) months and is eligible to vote in the general election.
CANOPY OR MARQUEE shall mean self-supporting roofline structure without sides, constructed of any material, permanently affixed to the wall of a building and providing overhead protection from the weather at an entrance to a building, which shall be construed to be part of the building to which it shall be affixed, and is subject to all setback requirements applicable to the building to which it is affixed. This does not apply to roll-up types of fabric awnings.
CARPORT shall mean a roofed structure providing space for the parking of motor vehicles and enclosed on not more than three (3) sides.
CARTWAY shall mean the paved area of a street between the curbs, including travel lanes and parking areas but not including shoulders, curbs, sidewalks, or swales.
CERTIFICATE OF OCCUPANCY shall mean a certificate issued by the Construction Code Enforcement Official upon completion of construction, alteration or change in occupancy of a building, acknowledging compliance with all requirements of this ordinance, with any adjustment thereto granted by the Board of Adjustment, and that the construction is in accordance with the plans and specifications filed with the Construction Code Enforcement Official, and meets conditions of any site plan approval and building permit.
CERTIFICATION shall mean a written statement by the appropriate officer that required constructions, inspections, tests, or notices have been performed and comply with applicable requirements.
CHANGE IN USE shall mean the use of a building or land, which is in any manner different from the previous permitted use by way of function, operation, extent, products sold or manufactured, or external impacts, including a change in ownership or occupancy.
CHANNEL shall mean a watercourse with a definite bed and banks that confine and conduct the normal continuous or intermittent flow of water.
CHILD CARE CENTER shall mean any facility for the care of children during normal business hours for which license is required from the Department of Human Services.
CHURCH shall mean a building or structure, or groups of buildings or structures that by design and construction are primarily intended for conducting organized religious services and associated accessory uses. For the purposes of this ordinance, the word church shall include chapels, congregations, cathedrals, temples, and similar designations as well as rectories, parish houses, and convents.
CIRCULATION shall mean systems, structures, and physical improvements for the movement of people, goods, water, air, sewage, or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipments points.
CLEAR SIGHT TRIANGLE shall mean a triangular shaped area established at street intersections in accordance with the requirements of this chapter, 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 and one half (2 ) feet and eight (8) feet above the centerline grade of either intersecting street.
COLOCATION shall mean placing more than one exterior transmitting or receiving device on one physical structure at one location.
COMMERCIAL VEHICLES shall mean any commercially registered vehicle except a passenger car with no advertising matter exposed to view. Vehicles normally associated with a commercial use, but not registered as a commercial use, shall be deemed commercial vehicles.
COMMON ELEMENTS shall mean open space, buildings, structures, recreational facilities, utilities, and other improvements owned by and/or operated for the benefit of the residents in common, including but not limited to swimming pools, tennis courts, building structures, and entries, roads, drainage systems, pedestrian and bicycle pathways, and other facilities.
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 and enjoyment of residents and owners of the development.
COMMON OWNERSHIP shall mean ownership by one (1) or more individuals in any form of ownership of land and/or real improvements.
COMPLETE APPLICATION shall mean a Development Plan which meets all of the submission requirements, including those pertaining to Development Plan details, set forth in Article III of this chapter, and which is accompanied by payment of the required fee established in Article VII of this chapter.
CONCEPTUAL SITE PLAN shall mean the informal review of a plan for development that carries no vesting rights or obligations on any party.
CONDITIONAL USE shall mean a use permitted in a particular zoning district only upon a showing that such use in a specific location will comply with the conditions and standards for the location and operation of such use as contained in this chapter and upon the approval of a Development Plan by the Planning Board.
CONDOMINIUM shall mean a form of ownership of real property under a master deed providing for ownership by one (1) or more owners of units of improvements together with an undivided interest in common elements appurtenant to each such unit and created and established pursuant to the provisions of the New Jersey Condominium Act (N.J.S.A. 46:8B-1 et seq.).
CONSOLIDATION shall mean the removal of lot lines between contiguous parcels.
CONSTRUCTION CODE ENFORCEMENT OFFICIAL shall mean the municipal official designated by the Borough Council to enforce the Uniform Construction Code.
CONVENIENCE FOOD STORE shall mean any retail establishment offering for sale prepackaged food products, household items, newspapers and magazines, and sandwiches and other freshly prepared foods, such as salads, for off-site consumption. In a retail complex, a convenience store may provide for on-site consumption of food and drink, at tables or counters, under the provisions for fast food restaurants and in compliance with the applicable regulations.
CONVENTIONAL DEVELOPMENT shall mean development other than planned development.
COURT shall mean an open space, unobstructed from the ground to the sky, that is bounded by two (2) or more sides by the walls of a building that is on the same lot.
COVERAGE, BUILDING shall mean the area occupied. by all buildings on a lot measured on a horizontal plane around the periphery of the foundations and including the area under the roof of any structure supported by columns, but not having walls, as measured around the outside of the outermost extremities of the roof above the columns.
COVERAGE, IMPERVIOUS shall mean the area occupied by all buildings and structures, including patios, pools, sidewalks, gravel and paved driveways and other impervious surfaces.
CURB LEVEL shall mean the officially established grade of the curb in front of the mid-point of the lot, or in the absence of an officially established curb level, the mean level of any existing curb or of the lot at the street line.
DATE OF DECISION shall mean the date of adoption of a resolution memorializing an action by the Board.
DAYS shall mean calendar days.
DBH shall mean diameter of a tree trunk measured at breast height three feet six (3' 6") inches above ground level.
DENSITY shall mean the permitted number of dwelling units per gross area of land to be developed.
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 pursuant to this chapter.
DEVELOPMENT IMPACT STATEMENT shall mean a study containing detailed information to determine the potential direct or indirect effects of a proposed development on activities, utilities, circulation, surrounding land uses, community facilities, environment, infrastructure, and other factors.
DEVELOPMENT PLAN shall mean the application form and all accompanying documents required by ordinance for consideration by the Board for approval. A Development Plan includes a minor subdivision, major subdivision, site plan, conditional use, request for variance relief or issuance of a permit, or any combination of these terms.
DRAINAGE shall mean the removal of surface water or ground water from land by drains, grading or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE RIGHT-OF-WAY (OR EASEMENT) shall mean the lands required for the installation of storm sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage. in accordance with N.J.S.A. 58:1 et seq.
DRIVEWAY shall mean a private roadway providing access to a garage, dwelling, street or highway, or other structure.
DWELLING UNIT shall mean one or more rooms, designed, occupied, or intended for occupancy as a separate living quarter, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.
DWELLING UNITS, TYPE :
APARTMENT shall mean a dwelling unit located on one (1) or more floors of a building containing similar units, adjoining said similar units above, below or to the side, which units may share in common facilities, such as entryways, hallways and utility systems.
DETACHED SINGLE FAMILY shall mean a building containing one (1) dwelling unit and that is not attached to any other dwelling by any means and is surrounded by open space.
DUPLEX shall mean a building containing two (2) single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof.
GARDEN APARTMENT shall mean a building or group of buildings situated on one (1) lot and containing separate dwelling units for not less than six (6) families serviced by such common facilities as parking, recreation, storage and laundry.
MULTIPLE FAMILY shall mean a building containing two (2) or more dwelling units, including units that are located one over the other.
TOWNHOUSE shall mean a one-family dwelling in a row of at least three (3) such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
EARTH STATION ANTENNA shall mean an apparatus, building or structure which is designed for the purposes of receiving television, radio, microwave, satellite or similar signals in connection with what is commonly referred to as dish type antennas.
EASEMENT shall mean the grant of one (1) or more of the property rights by the property owner to and/or for use by the public, a corporation, or another person or entity
ENVIRONMENTAL COMMISSION shall mean the Borough of Roseland Environmental Commission, a municipal advisory body created pursuant to 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 or gravity.
EXTERNAL IMPACT shall mean the off-tract change resulting from the implementation of a development plan relating to, but not limited to, such items as traffic, drainage, light, noise, etc.
FAMILY shall mean one (1) or more related but not more than four (4) unrelated persons, occupying a dwelling unit as a single nonprofit housekeeping unit.
FAMILY DAY CARE HOME shall mean any private residence approved by the Division of Youth and Family Services in which childcare services are regularly provided for not less than three (3) nor more than five (5) children for at least fifteen (15) hours per week. Children legally related to the provider or being cared for under a cooperative agreement where no payment is received shall not be included in the total number of children.
FAA shall mean the Federal Aviation Administration.
FCC shall mean the Federal Communications Commission.
FLOOD FRINGE AREA shall mean that portion of the flood plain outside of the floodway or encroachment lines.
FLOOD HAZARD AREA shall mean the flood plain consisting of the floodway and the flood fringe area.
FLOOD HAZARD AREA DESIGN FLOOD shall mean the flood used in State Adopted Flood Studies. It is the flood resulting from the 100-year flood discharge increased by twenty-five (25%) percent.
FLOOD HAZARD DESIGN ELEVATION shall mean the elevation of the flood hazard area design flood.
FLOOD MAP shall mean a map prepared by the Department of Environmental Protection showing the channel, floodway and flood fringe area, or, in the event such map has not been prepared, maps showing the flood hazard area.
FLOOD PLAIN shall mean the area inundated by the regulatory flood including the watercourse that creates it.
FLOODWAY shall mean the channel and portions of the floodplain adjoining the channel, which are reasonably required to carry and discharge the regulatory flood. For the purposes of this chapter the term floodway shall refer to both the delineated floodway on State Adopted Studies and the area between the encroachment lines located on both sides of a non-delineated watercourse.
FLOOR AREA, GROSS (GFA) shall mean the gross area of all floors computed by using the dimensions of the outside walls of each floor of a building. Only those areas having five (5) feet or more of clear head room with completed floors, ceilings and partitions may be considered in computing the second floor area of a one and one-half (1 1/2) story house and at least one-half () of the included second floor area shall have a minimum ceiling height of seven feet six (7' 6") inches. Cellars, porches, balconies, patios, terraces, breezeways, carports, verandas and garages are excluded, as is enclosed parking for a nonresidential use except that enclosed porches and patios which are heated and used year-round shall be counted in computing the floor area.
FLOOR AREA RATIO (F.A.R.) shall mean the gross floor area of all buildings or structures on a lot divided by the total area of the lot.
GARAGE, PRIVATE shall mean a structure that is accessory to a residential building and that is used for the parking and storage of passenger vehicles and not more than one (1) commercial vehicle with a rated capacity not exceeding eight thousand five hundred (8,500) GVW, owned and operated by the residents thereof and that is not a separate commercial enterprise available to the general public.
GARAGE, PUBLIC shall mean a structure, or portion thereof, other than a private customer and employee garage or private residential garage, used primarily for the parking and storage of vehicles and available to the general public.
GOVERNING BODY shall mean the Borough Council of the Borough of Roseland.
GRADE shall mean: (1) the average elevation of the ground surface, (2) the slope of a road, path, swale or other surface, expressed as a percentage.
GRADING shall mean any stripping, cutting, filling, stockpiling or combination thereof of earth or land, including the land in its cut or filled condition, to create new grades.
GROSS DENSITY shall mean the number of dwelling units per acre of land in a total tract area.
GUARANTEE shall mean any security, which may be accepted by the Borough including, without limitation, cash, letter of credit, or a surety bond underwritten by an insurance company licensed to do business in the State of New Jersey and in a form approved by the Borough Council.
HAZARDOUS MATERIALS shall mean any materials classified as hazardous by the New Jersey Department of Environmental Protection, and also, including other materials requiring special handling or disposal methods if so designated by NJDEP.
HEIGHT OF STRUCTURE shall mean the maximum vertical distance of a building measured from the average established grade plane as defined in this section: (1) to the highest point of the roof's surface if a flat surface; or (2) to the deck of a mansard roof; or (3) to the highest point of a hip and gable roof peak or ridge: and in any event excluding chimneys, cooling towers, elevator bulkheads, tanks, water towers, radio towers, ornamental cupolas, domes or spires not exceeding ten (10) feet in height, and parapet walls, not exceeding three (3) feet in height. (See diagram)
**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.
HEIGHT OF TOWER 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.
HISTORIC SITE shall mean any real property, man-made structure, natural object or configuration or any portion or group of the foregoing of historical, archeological, cultural, scenic or architectural in significance, that has been so designated by a Federal, State, or local landmarks and Historic District Commission.
HOME OCCUPATIONS shall mean any use customarily conducted for profit entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and does not change the character thereof, provided that no article is sold or offered for sale to the public, except such as may be produced by members of the immediate family residing in the dwelling; and provided, further, that no machinery or equipment used will cause electrical or other interference with radio and television reception in adjacent residences, or cause offensive noise or vibration. Such activities as clinics, hospitals, barber shops, beauty parlors, tea rooms, tourist homes, animal hospitals, nursery schools, and music or dancing schools other than for individual instruction shall not be deemed home occupations under the terms of this chapter.
HOMEOWNERS ASSOCIATION shall mean a community association, including a condominium association, that is organized in a development in which individual owners share common interests and responsibilities for costs and upkeep of common open space or facilities.
HOUSING ADMINISTRATOR (REFERRED TO HEREIN AS "ADMINISTRATOR") shall mean a consultant or municipal employee, who may also hold other positions with the Borough, retained by the Borough Council for the purpose of administering and coordinating the affordable housing provisions of this chapter and who shall have such duties and responsibilities as herein set forth.
IMPACT shall mean the projected or measured effect of a proposed development on a public facility or service, on the natural environment, on the fiscal balance of the Borough, its school districts and/or other local public agencies.
INDUSTRIAL OPERATION OR USE shall mean any activity conducted in connection with the manufacture, assembly, disassembly, fabrication or processing of materials or products, all of which is marketed off the premises to the ultimate consumer.
INTERESTED PARTY shall mean (a) in a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and (b) 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 municipality whose rights to use, acquire, or enjoy property is or may be affected by any action taken under this chapter or under any law of this State or of the United States, or whose rights to use, acquire, or enjoy property under this chapter or under any Law of this State or the United States have been denied, violated or infringed by an action or a failure to act under this chapter.
INTERSECTION shall mean the location where two (2) or more roadways cross or meet at grade without a bridge.
JUNK shall mean any scrap, waste, reclaimable material or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed salvaged, stored, baled, disposed, or other use or disposition.
JUNKYARD shall mean any area, lot, land, parcel, building, or structure, or part thereof, used for storage, collection, processing, purchase, sale, salvage, or disposal of junk.
KENNEL shall mean a commercial establishment in which dogs or domesticated animals are housed, groomed, bred, boarded, trained, or sold, all for a fee or compensation.
LIGHT INDUSTRIAL OPERATIONS shall mean an activity which involves the assembly of products from previously prepared materials and which does not involve the synthesis of chemicals or the processing of raw materials. Specifically not included in the term "light industrial" are the following uses and activity, which are specifically prohibited in all zones in the Borough:
Processing, packaging or handling of highly inflammable or explosive materials; slaughterhouses; rendering plants devoted to the rendering or refining of animal fats and oils; creosote, creosote products, coal tar or coal tar products manufacturing; incinerator or dump; yeast plant; junk yard or automobile graveyard; the storage of crude oil or any of its volatile products or any highly inflammable liquids or gas in aboveground tanks with individual capacities greater than five hundred fifty (550) gallons and with total capacities greater than one thousand one hundred (1,100) gallons; the manufacture and storage of illuminating gas; blast furnaces, boiler works and forge shops; the manufacture or refining of asphalt; the tanning of hides and skins; the generation of heat and/or power unless with smokeless fuels or with the use of approved and effective smoke and fly-ash elimination equipment; trucking terminals.
LIVESTOCK, RAISING AND KEEPING OF shall mean the breeding and quartering of horses, cows, ponies, sheep, goats, or other farm animals. This term shall not include the keeping of cats, dogs, or other domesticated animals in kennels.
LOADING SPACE shall mean an off-street space or berth used for the loading and unloading of cargo, products, or materials from vehicles located on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading and unloading.
LOCAL UTILITY shall mean any sewerage authority created pursuant to the "Sewage Authorities Law," P.L. 1946, c.138 (N.J.S.A. 40: 14A-1 et seq.); any utility authority created pursuant to the "Municipal and County Utilities Authority Law" P.L. 1957, c. 183 (N.J.S.A. 40:14B-1 et. seq.); or any utility, authority, commission, special district, or other corporate entity not regulated by the Board of Regulatory Commissioners under Title 48 of the Revised Statues that provides gas, electricity, heat, power, water, or sewer service to a municipality or the residents thereof.
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.
LOT AREA shall mean the total area within the lot lines of a lot, excluding any street right-of-way.
LOT, CORNER shall mean a lot or parcel of land abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees.
LOT DEPTH shall mean the average distance measured from the front lot line to the rear lot line.
LOT FRONTAGE shall mean the length of the front lot line measured at the street right-
LOT LINE shall mean a line of record bounding a lot that divides one (1) lot from another lot, or from a public, or private street, or any other public space.
LOT LINE, FRONT shall mean the lot line separating a lot from the street right-of way.
LOT LINE, REAR shall mean the lot line opposite and most distant from the front lot line. In the case of a triangular or otherwise irregularly shaped lots, a line ten (10) feet in length entirely within the lot, parallel to, and at a maximum distance from the front lot line.
LOT LINE, SIDE shall mean any lot line other than a front or rear lot line.
LOT, THROUGH shall mean a lot that fronts upon two (2) parallel streets, or that fronts upon two (2) streets that do not intersect at the boundaries of the lot.
LOT WIDTH shall mean the horizontal distance between the side lot lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line.
LOW INCOME shall mean total gross household income equal to fifty (50%) percent or less of the median household income for households of the same size and using the median income data for household size prepared by the United States Department of Housing and Urban Development (HUD) or equally reliable source for the region which includes Roseland.
MAINTENANCE GUARANTEE shall mean any security that may be accepted by the Borough for the maintenance of any improvements required by this chapter, including, but limited to surety bonds, letters of credit under the circumstances specified in NJ:&A. 40:55:D-53:5, .and cash. ;See Guarantee)
MASTER PLAN shall mean a composite of one (1) or more written or graphic proposals for the development of the Borough of Roseland as set forth in and adopted pursuant to N.J.S.A. 40:55D-28.
MECHANICAL AMUSEMENT DEVICE shall mean any machine, device or contrivance which, upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally for amusement only; and does not dispense, offer or provide for any form of pay-off prize or reward. It shall not include "juke boxes" or other devices or machines, which operate or may be operated for emission .of songs; music or similar amusement or entertainment.
MEMORIALIZATION, RESOLUTION OF shall mean a resolution setting forth the decision of the Board on a particular application, including the findings of fact, reasons for the decision and conditions of approval, if any.
MODERATE INCOME shall mean the total gross household income between fifty (50%) percent and eighty (80%) percent of the median household income for households of the same size for the region which includes the Borough of Roseland, using the median income data for household size prepared by HUD or equally reliable source.
MOBILE HOME. (See Recreational Vehicle)
MUNICIPAL AGENCY shall mean the Planning Board, Zoning Board of Adjustment or Borough Council of the Borough of Roseland.
MUNICIPALITY shall mean the Borough of Roseland.
MUNICIPAL LAND USE LAW shall mean N.J.S.A. 40:55D-I et seq.
MUNICIPAL USE shall mean any use by the Borough of Roseland of any property owned or leased by it.
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 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 OR BUILDING 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.
NONRESIDENTIAL ZONES shall mean those zones set forth in the zoning regulations of this chapter and known as the B-I, B-2, OB-1, OB-2 OB-3, R/M Zones, Conservation and Conservation-Recreation Districts.
NURSING HOME shall mean a building or group of buildings in which nursing care and not acute medical care services are prescribed by or performed under the general direction of persons licensed to practice medicine or surgery in the State of New Jersey.
OCCUPANCY OR OCCUPIED shall mean the residing of an individual or individuals overnight in a dwelling unit or the storage or use of equipment, merchandise, or machinery in any commercial, public, or industrial building.
OFFICE shall mean a room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government and generally furnished with desks, tables, files, and communication equipment which does not offer a product or merchandise for sale to the public, on the premises, but offers a service, including professional services, not including, however, personal services, such as barber and beauty shops and repair shops, such as radio and television repair shops.
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 Essex County pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP shall mean a map adopted by ordinance in accordance with the provisions of N.J.S.A. 40:55D-32, et seq.
OFFSITE 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 the closest half of the street or right-of-way abutting the property of which the lot is a part. (See Appendix B)
OFF-TRACT shall mean not located on the property, which is the subject of a development application, nor on the closest half of the abutting street or right-of- (See Appendix B)
OFF-TRACT IMPROVEMENT shall mean a new street, water, sewage or drainage improvement or extension or modification of an existing improvement which is not located on the property which is the subject of a Development Plan nor on a contiguous portion of a street or right-of-way and which includes either the following:
a. All improvements of the types required for on-site installation, where the need for providing for such improvements off-tract is, in whole or in part, made necessary by the proposed Development Plan and where such improvements will confer a benefit upon the lands which are the subject of the Development Plan.
b. Any improvement or facility, the installation of which is required in the public interest but which would not otherwise be required except for the improvement of the lands which are the subject of the Development Plan and the installation of which would confer a benefit upon the lands which are the subject of the Development Plan. In addition to improvements of the type referred to above, improvements required to maintain a safe flow of vehicular and pedestrian traffic are specifically declared to be necessary and in the public interest. (See Appendix B)
ON-SITE shall mean located on the lot in question and excluding any abutting street right-of-ways. (See Appendix B)
ON-TRACT shall mean located on the property, which is the subject of a development application, or on the closest half of an abutting right-of-way. (See Appendix B)
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 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 AISLE shall mean an area located between two (2) parallel rows of parking stalls required to pass and maneuver vehicles into and out of parking stalls. (See Appendix C)
PARKING SPACE shall mean a space for the parking of a motor vehicle within a public or private parking area, except that nothing shall prohibit private driveways for dwelling units from being considered off-street parking areas provided that no portion of a street shall be considered part of an off-street parking space. (See Appendix C)
PERFORMANCE GUARANTEE shall mean any security, which may be accepted by the municipality, including, but not limited to, surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5 (MLUL).
PERMITTED USE shall mean any use, which is allowed in a zoning district and subject to the restriction applicable to the zoning district.
PLAN. See Development Plan.
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.
PROHIBITED USE shall mean any use, which is not specifically permitted in a zoning district.
PUBLIC AREAS shall mean (1) public parks, playgrounds, trails, paths, and other recreational areas; (2) public open spaces; (3) scenic, and historic sites; and (4) sites for schools, and other public buildings, and structures.
PUBLIC IMPROVEMENT shall mean any improvement, facility, or service together with its associated site or right-of-way necessary to provide transportation, drainage, utilities, or similar essential services, and facilities and that are usually owned and operated by a governmental agency.
PUBLIC OPEN SPACE shall mean an open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, a State or County agency or other public body for recreational or conservation uses. (See Open Space.)
PUBLIC AND PRIVATE SCHOOLS shall mean schools through grade twelve (12) for preschool, primary and secondary education, established and operated primarily for the general education of the children of the neighborhood, municipality, or region in subjects and classes necessary for compliance with State Compulsory Education laws.
PUBLIC UTILITY shall mean any public utility regulated by the Board of Public Utilities and defined pursuant to N.J.S.A. 48:2-13 but not including wireless telecommunication facilities.
QUORUM shall mean the majority of the full-authorized membership of a municipal agency.
RECREATIONAL VEHICLE shall mean a vehicular-type portable structure without permanent foundation that can be towed, hauled, or driven and primarily designed as a temporary living accommodation for recreational, camping, and travel use and including, but not limited to, travel trailers, truck campers, camping trailers, self propelled motor homes, and boats.
RESIDENTIAL DENSITY shall mean the number of dwelling units per acre of residential land area including streets, easements, and open space portions of a development.
RESIDENTIAL PROFESSIONAL OFFICE shall mean a professional office use when conducted on residential property and limited to those residing on the premises and legally practicing medicine, law, dentistry, architecture, engineering, and accounting.
RESIDENTIAL ZONES shall mean those zones set forth in the zoning regulations of this chapter and known as R-1, R-2, R-3, R-4, R-5, R-6, R-7 (AH-1), R-8 (AH-2), and R-9 (AH-3) Zone Districts.
RESTAURANT shall mean an establishment where food, and drink are prepared, served, and consumed primarily within the principal building. A snack bar at a public or non-profit playground, play field, park or swimming club, maintained solely by the agency or group operating the recreational facilities and for the sole use of the patrons of the facility, shall not be deemed to be a restaurant.
TRADITIONAL, FULL SERVICE RESTAURANT shall mean an establishment providing food and drink to customers seated at tables and served by employees for whom waiting tables is their primary job responsibility.
FAST SERVICE RESTAURANT shall mean an establishment providing food and drink to customers for consumption either on or off premises, in which the customer orders and/or receives food and drink from a counter served by employees whose primary job responsibility is counter service and/or food preparation and in which table service is not a regular custom.
RESUBDIVISION shall mean (1) the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved and recorded according to law or (2) the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved and recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
RETAIL COMPLEX shall mean a group of commercial establishments, planned, constructed, and managed as a total entity, with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations, and protection from the elements, and landscaping, and signage in accordance with an approved plan.
RETAIL SALES AND SERVICES shall mean the sale of goods for use or consumption off the premises, which goods are intended to meet food, clothing, furnishings, or recreational needs and/or the sale of services, which services are either arranged for or take place on the premises.
RETAINING WALL shall mean any structure made of any materials that is assembled or constructed for the purpose of retaining soil, stone or any embankment.
RIGHT-OF-WAY shall mean (1) a strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission line, oil, or gas pipeline, waterline, sanitary storm sewer, and other similar uses; (2) generally, the right of one to pass over the property of another.
ROOMER OR BOARDER shall mean a person, other than a member of a family, occupying a part of any dwelling unit, who, for compensation, is furnished living accommodations in such dwelling unit.
SECRETARY TO THE BOARD shall mean the authorized agent of the Planning Board or the Board of Adjustment as the case may be.
SELF-STORAGE FACILITY shall mean a structure or structures containing separate, individual, and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time.
SENIOR CITIZEN HOUSING shall mean a building or buildings containing one (1) or more dwelling units restricted by deed or other instrument or occupancy of each dwelling unit by a person or persons in any one (1) of the following categories:
a. Up to two (2) individuals both of whom are fifty-five (55) years of age or older.
b. A man and wife, either one of whom is fifty-five (55) years of age or older.
c. A single person over eighteen (18) but under age fifty-five (55) living with either of the above when the presence of said person is essential to the physical care or economic support of either of the above.
SHED shall mean an accessory building used primarily for storage, not exceeding one hundred fifty (150) square feet.
SHOPPING CENTER, NEIGHBORHOOD shall mean a group of commercial establishments, providing a variety of convenience goods and services catering to the daily needs of the local community that is planned, constructed and managed as a total entity and provides on-site parking in definite relationship to the type and total size of the stores. The commercial establishments may be located in one or several buildings, attached or separated.
SIGHT TRIANGLE shall mean a triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. See Clear Sight Triangle.
SIGN shall mean any announcement, declaration, demonstration, display, illustration, or insignia used to identify, promote or advertise the interests of any person, group of persons, company, corporation, service, or product when the same is painted or printed directly on the building or is placed on, erected on or attached to the building or is placed or erected on the lot containing the building, where it may viewed from off-site.
SIGN, BILLBOARD shall mean a sign that directs attention to a business, commodity, service, or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
SIGN, EXTERNALLY LIGHTED shall mean any sign whose sole source of artificial illumination is not contained within the display portion of the sign.
SIGN, FREESTANDING shall mean any nonmovable sign not affixed to a building.
SIGN, INTERNALLY LIGHTED shall mean any sign whose sole source of artificial illumination is contained within the display portion of the sign,
SIGN, TEMPORARY shall mean any sign displaying information regarding a special offer of products, services, or information for a limited period of time as provided herein.
SIGN AREA shall mean the entire face of a sign, including the advertising surface, and any framing, trim, or molding but not including the supporting structure.
SIGN SETBACK SHALL mean the length of a line perpendicular to the lot line or curb line, whichever is farther from the street center line, drawn from the lot or curb line to the sign.
SINGLE OWNERSHIP shall mean ownership by one (1) or more persons, in any form of ownership, of more than one (1) lot entirely in the same ownership.
SITE PLAN, MAJOR shall mean a development plan of one or more lots on which is shown (1) the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, flood plains, marshes and water ways; (2) 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 (3) any other information that may be reasonably required in order to make an informed determination pursuant to this chapter requiring review and approval of site plans by the Planning Board adopted pursuant to N.J.S.A. 40:55D-37 et seq. (MLUL)
SITE PLAN, MINOR shall mean a development plan of one or more lots which (1) proposes new development within the scope of development specifically permitted by this chapter as a minor site plan; (2) does not involve planned development, any new street, or extension of any off-tract improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42; and (3) contains the information reasonably required in order to make an informed determination as to whether the requirements established by this chapter for approval of a minor site plan have been met.
SOIL EROSION AND SEDIMENTATION CONTROL PLAN shall mean a plan that indicates necessary land treatment measures, including a schedule of installation, which will effectively minimize soil erosion and sedimentation.
STORMWATER DETENTION shall mean any storm drainage technique that retards or detains runoff, such as a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells, or any combination thereof.
STORY shall mean that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it and including those basements used for the principal use.
STORY, HALF shall mean a space under a sloping roof that has the line of intersection of the roof and wall face not more than three (3) feet above the floor level and in which space the possible floor area with head room of five (5) feet or less occupies at least forty (40%) percent of the total floor area of the story directly beneath.
STREAM ENCROACHMENT PERMIT shall mean a permit issued by the Department of Environmental Protection under the provisions of N.J.S.A. 58:1-26.
STREET shall mean any street, avenue, boulevard, road, parkway, viaduct, drive, or other way (1) which is an existing State, county, or municipal roadway, or (2) which is shown upon a plat heretofore approved pursuant to law, or (3) which is approved by official action as provided by this chapter, or (4) which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such board of the power to review plats; and includes the land between street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines. For the purpose of this chapter, streets shall be classified as follows:
STREET, ARTERIAL shall mean those streets that accommodate high volumes of through traffic.
STREET, PRIMARY ARTERIAL shall mean a street with access control, channelized intersections, restricted parking, and that collects and distributes traffic to and from secondary arterial streets as designated in the Master Plan.
STREET, SECONDARY ARTERIAL shall mean a street with signals at important intersections and stop signs on the side streets and that collects and distributes traffic to and from collector streets as designated in the Master Plan.
STREET, COLLECTOR shall mean a street that collects traffic from local streets and connects with minor and major arterials.
STREETS, MINOR AND/OR LOCALS shall mean a street designed to provide vehicular access to abutting property and to discourage through traffic.
STREET, CUL-DE-SAC shall mean a street with a single common ingress and egress and with a turnaround at the end
STREET, DEAD-END shall mean a street with a single common ingress and egress.
STREET, PRIVATE shall mean a street that has not been accepted by the municipality or other governmental agency.
STREET LINE shall mean the lines that form the boundaries of a right-of-way.
STRUCTURE shall mean a combination of materials to form a construction for occupancy, use, or ornamentation whether installed on, above, or below the surface or a parcel of land, which is permanent or temporary.
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: (1) divisions of land found by the planning board to be for agricultural purposes where the resulting parcels are five (5) acres or larger in size, (2) divisions of property by testamentary or interstate provisions, (3) divisions of property upon court order, included, but not limited to foreclosure, (4) consolidation of existing lots by deed or other recorded instrument, and (5) the conveyance of one (1) or more adjoining lots, tracts or parcels of land owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of this municipal development regulations and are shown and designated as separate lots, tracts, or parcels on the tax map or atlas of the municipality. The term "subdivision" shall also include the terms "resubdivision".
SUBDIVISION, MAJOR shall mean any subdivision not classified as a minor subdivision.
SUBDIVISION, MINOR shall mean the division of a tract of land into not more than four (4) separate lots or parcels, including remaining lands, provided that such subdivision does not involve (1) a planned development; (2) any new street, or the improvement of any street; or (3) the extension of any off-tract improvement the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42. (MLUL)
SWALE shall mean a depression in the ground, either natural or man made, that channels runoff.
SWIMMING POOL shall mean a water-filled enclosure, permanently constructed, or portable, having a depth of more than twenty-four (24) inches below the level of the surrounding land, or an above-surface pool, having a depth of more than twenty-four (24) inches, designed, used, and maintained for swimming and bathing.
TATTOO PARLOR shall mean and include the definitions in Chapter IV, Section 4-6 of the Revised General Ordinances of the Borough of Roseland. For purposes of this chapter, a tattoo parlor shall not be considered a retail use. (New)
TECHNICAL REVIEW COMMITTEE shall mean a committee of four (4) Planning Board members which may be appointed by the Chairman for the purpose of reviewing development plans in accordance with the provisions of this chapter and such other duties relating to land development as may be conferred to this committee by the Chairman.
THEATER shall mean a building, or part of a building devoted to showing motion pictures, or for dramatic, dance, musical, or other live performances. For the purposes of this chapter, a theater shall not be considered a retail sales and services establishment.
TRACT shall mean an area, parcel, site, piece of land, or property that is the subject of a development application.
TRAILER shall mean a structure standing on wheels, towed, or hauled by another vehicle, and used for short-term human occupancy, carrying of materials, goods, or objects, or as a temporary office, but shall not include trailers used for storage purposes.
USE shall mean the purpose or activity for which land or buildings are designed, arranged, or intended or for which land or buildings are occupied or maintained.
WAIVER shall mean permission to depart from the requirements of an ordinance with respect to the submission of required documents.
WATERCOURSE shall mean any natural or artificial stream, river, creek; ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed, and banks and includes any area adjacent thereto subject to inundation by reason of overflow or floodwater.
WETLANDS shall mean those areas as defined and regulated by the USACOE and/or the N.J.D.E.P. that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
WIRELESS TELECOMMUNICATION TOWER shall mean any structure that is designed and constructed primarily for the purpose of supporting one 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 lower structures and the like. The term includes the structure and any support thereto.
YARDS shall mean an open space that lies between the principal building or buildings and the nearest lot line. The minimum required yard as set forth in the chapter is unoccupied and unobstructed from the ground upward except as may specifically provided in the zoning ordinance. In an apartment or townhouse complex, yards shall also be the open space extending between structures. All yard dimensions shall be measured horizontally and at right angles to either a straight street line, lot line, or building facade or perpendicular to the point of tangent of curved lines and facades. (See Appendix A)
YARD, FRONT shall mean a space extending the full width of the lot between any building and the front lot line and measured perpendicular to the building at the closest point to the front lot line. For the purpose of determining the front yard, stoops, steps, or balconies extending not more then sixty (60) inches from the front line of any building shall not be construed as part of the structure unless enclosed.
YARD, REAR shall mean a space extending the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building at the closest point to the rear lot line. Stoops, steps, or balconies extending not more than 36 inches into the required yard shall not be construed as part of the building unless enclosed.
YARD, SIDE shall mean a space extending from the front yard to the rear yard between the principal building and the side lot line and measured perpendicular from the side lot line to the closest point of the principal building. Stoops, steps, or balconies extending not more than 36 inches into the required rear yard shall not be construed as part of the building unless enclosed.
ZONING PERMIT shall mean a document signed by the administrative office (1) which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion, or installation of a structure or building and (2) which acknowledges that such use, structure, or building complies with the provisions of the municipal zoning ordinance or variance therefrom duly authorized by a municipal agency pursuant to sections 47 and 57 of the MLUL.
ZONING OFFICER shall mean the administrative officer designated to administer the zoning ordinance and issue zoning permits.
ADMINISTRATIVE OFFICER shall mean the Construction Official.
ALTERATION shall mean any act defined as an alteration by the Uniform Construction Code established under Chapter 217, laws of 1975 and Title 5 Chapter 23 of the New Jersey Administrative Code (N.J.A.C.). An alteration or construction shall be deemed to be "major" if the estimated cost of the alteration is one thousand ($1,000.00) dollars or greater or the alteration will change the architectural integrity or significant details of the improvements; an alteration or construction shall be deemed to be "minor" if the estimated cost of the alteration is less than one thousand ($1,000.00) dollars and the alteration does not change the architectural integrity or significant details of the improvement.
COMMISSION shall mean the Roseland Landmarks and Historic District Commission.
CONSTRUCTION OFFICIAL shall mean the Construction Official of the Borough of Roseland.
DAY shall mean any day other than Saturday, Sunday or legal holiday.
EXTERIOR ARCHITECTURAL FEATURE shall mean the architectural style, design, general arrangement and components of all the outer surfaces enclosed by said exterior surfaces, including, but not limited to, the kind, texture and color of the building material, and the type and style of all windows, doors, lights, signs, and other features appurtenant to such improvement.
HISTORIC DISTRICT shall mean any area which:
a. Contains improvements which:
1. Have a special architectural, historic or aesthetic interest or value;
2. Cause such area, by reason of such features, to constitute a distinct section of the Borough.
b. Has been designated as an historic district pursuant to subsection 30-908.1
IMPROVEMENT shall mean any building, structure, place, work of art or other object constituting a physical betterment of the real property, or any part of such betterment.
IMPROVEMENT parcel shall mean the unit of real property which:
a. Includes a physical betterment constituting an improvement and the land embracing the site thereof;
b. Is treated as a single entity for the purpose of levying taxes, provided, that the term "improvement parcel" shall also include any unimproved area of land which is treated as a single entity for such tax purposes.
LANDMARK shall mean any exterior or interior improvement, any part of which has a special character or special historic or aesthetic interest or value as part of the development, heritage or cultural characteristics of the Borough, State or nation and which has been designated as a landmark pursuant to the provisions of subsection 30908.1.
LANDMARK SITE shall mean an improvement parcel or part thereof on which is situated a landmark and any abutting improvement parcel or part thereof used as and constituting a part of the premises on which the landmark is situated, and which has been designated a landmark site pursuant to the provisions of subsection 30-908.1.
OWNER shall mean any person or persons having such right to, title to, or interest in any improvement so as to be legally entitled, upon obtaining the required permits and approvals from the Borough agencies having jurisdiction over building construction, to perform with respect to such property any demolition, construction, reconstruction, alteration, restoration or other work as to which such person seeks the authorization or approval of the Commission.
RESIDENCE shall mean an improvement which is occupied and used as a single family dwelling. The residence shall include all accessory buildings customarily incident to single family dwellings which are located on the same lot and block, as shown on the tax maps of the Borough, upon which the residence is constructed.
COAH shall mean the New Jersey Council on Affordable Housing.
DEVELOPMENT FEES shall mean money paid by an individual, person, partnership, association, company, corporation or other legal entity, for the improvement of property as permitted in N.J.A.C. 5:93-8.
EQUALIZED ASSESSED VALUE shall mean the value of a property determined by the Borough Tax Assessor through a process designed to ensure that all property in the Borough is assessed at the same assessment ratio or ratios required by law. Estimates at the time of building permit may be obtained by the Tax Assessor utilizing estimates for construction cost. Final equalized assessed value will be determined at project completion by the Tax Assessor.
HOUSING TRUST FUND shall mean the interest bearing account in which all development fees will be deposited pursuant to N.J.A.C. 5:94-6.11.