ACCESSORY STRUCTURE shall mean a subordinate building or structure on the same lot with a principal building or structure, occupied or devoted exclusively for an accessory use, Where an accessory structure is attached to a principal structure by a wall or roof, such accessory structure shall be considered part of the principal structure
ACCESSORY use shall mean a use naturally and normally incident and subordinate to the principal use of a structure or lot
ADMINISTRATIVE OFFICER shall mean the Township Planner
ADULT DAY CARE shall mean a program providing a combination of health and social services to older adults during daytime hours
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 person other than a spouse under fifty-five (55) years of age is permitted in each household
AFFORDABILITY STANDARDS A low income household" shall be a household earning fifty (50%) percent or less of the area median income, adjusted by household size, and a 'moderate income household' shall be a household earning between fifty (50%) percent and eighty (80%) percent of the area median income adjusted by household size. The area median income shall be the most recent median income figures promulgated by the United States Department of Housing and Urban Development for the Morris County PMSA, unless said inquiries are superseded by a court of competent jurisdiction or the New Jersey Council on Affordable Housing
AFFORDABLE - Having a sales price or rent within the means of a low- or moderate-income household as defined in N.J.A.C. 5:93-7.4, or for housing developed in accordance with the third-round rules of the New Jersey Council on Affordable Housing, as defined by N.J.A.C. 5:94-7.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 23-05.
ALTERATION OF A BUILDING OR STRUCTURE shall mean a change in the exterior, interior or supporting members of a building or structure, an addition, diminution, change in use, or conversion of a building or part thereof, or removal of a building from one (1) location to another
APARTMENT shall mean one (1) or more dwelling rooms as regulated in this Article with private bath and kitchen facilities, comprising an independent self-contained dwelling unit in a building
APPLICANT shall mean a developer submitting an application for development
APPLICATION FOR DEVELOPMENT shall mean the application form and all accompanying documents required by this ordinance for approval of a subdivision plat, site plan, planned development, cluster option plan, conditional use, zoning variance or direction for the issuance of a permit pursuant to N.J.S.A 40 55D-34 or 40 55D-36
APPROVING AUTHORITY shall mean the Planning Board unless a different Board is designated by ordinance
BASEMENT shall mean an interior space or a portion of any interior space having a floor below the outside elevation of ground at the foundation wall
BOARDER OR ROOMER shall mean a person who is not related to the head of the household and who pays for the privilege of boarding or rooming
BOARD OF ADJUSTMENT shall mean the Board established by this Article
BUFFER AREA shall mean a required landscaped area on a non-residential tract adjoining a residential district in which no building, parking area, driveway (except to provide access to the property and which is perpendicular to the buffer area), street, sign, (except traffic directional signs) or storage of materials shall be permitted
BUILDING shall mean a combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof
BUILDING HEIGHT shall mean the vertical distance from the average grade to the top of the highest roof beams of a flat roof, the top most portion of any facade, knee wall or similar structure, or the mean level of the highest gable or slope of a hip roof.
**Webmasters Note: The previous definition has been amended as per Ord. No. 12-02.
CABLE TELEVISION COMPANY shall mean a cable television company as defined pursuant to N.J.S.A. 48 5A-3
CAPITAL IMPROVEMENT shall mean a governmental acquisition of real property or major construction project
CHANNEL shall mean a natural depression of perceptible extent, with definite beds and banks to confine and conduct flowing water either continuously or intermittently
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 transshipment points.
CHANGE IN USE shall mean
a. A change from a residential use to a permitted non-residential use.
b. A change from one type of nonresidential use to another type of permitted nonresidential use
c. A change from either a nonresidential or residential use to a mixed use
d. A change from a nonresidential use to a residential use,
COLOCATION USE of a common wireless telecommunication towers or a common site by two or more wireless license holders or by one wireless license holder For more than one type of communications technology and/or placement of a wireless telecommunication towers on a structure owned or operated by a utility or other public entity.
**Webmaster's Note: The previous definition has been added as per Ordinance No. 3-99.
COMMERCIAL RECREATION shall mean a privately owned and operated commercial establishment, conducted primarily within an enclosed building, inclusive of arenas, athletic and health clubs, batting cages, bowling alleys, gyms, martial art studios, pools, skating rinks, tennis and paddle ball courts, volleyball courts end similar uses; but exclusive of arcades, pinball halls, billiard halls and similar uses.
**Webmasters Note: The previous definition has been added as per Ord. No. 12-02.
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
COMMON OWNERSHIP shall mean ownership of two (2) or more contiguous parcels of real property by one (1) person or by two (2) or more persons owning such property jointly or in common
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 this ordinance, and upon the issuance of an authorization therefor by the Planning Board
CONGREGATE HOUSING shall mean housing for older adults that includes access to a continuum of support services. Congregate housing includes apartment units (with kitchen facilities) for the elderly who are in need of such intermittent support services as occasional meals, socialization opportunities and transportation
CONSTRUCTION OFFICIAL shall mean that person in the Building Department sharing the responsibility for enforcing the State Uniform Construction Code as established by Chapter XI of the General Ordinances of the Township of Denville who shall also have the title of Building Inspector as used in both Chapter XI and Chapter XIX
CONVENTIONAL shall mean development other than planned development.
CORNER LOT shall mean a lot at the junction of, or having frontage on, two (2) or more intersecting streets.
COUNTY MASTER PLAN shall mean a composite of the master plan for the physical development of Morris County with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the Morris County Planning Board
COUNTY PLANNING BOARD shall mean the Morris County Planning Board
DAYS shall mean calendar days.
DENSITY shall mean the permitted number of dwelling units per gross area of land to be developed.
DETENTION BASIN shall mean those areas which exist or are created for the temporary storage of storm water and controlled discharge of this water to a receiving drainage system.
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 - means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use 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 N.J.S.A. 40:55D-1 et seq.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 23-05.
DEVELOPMENT AREA shall mean that part of the building envelope which is intended to be used for a building or a structure and is so designated for soil disturbance necessary for the development of the lot
DEVELOPMENT REGULATION shall mean a zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other municipal regulation of the use and development of land, or amendment thereto adopted and filed pursuant to the Municipal Land Use Law.
DRAINAGE shall mean the removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding
DRAINAGE RIGHT-OF-WAY shall mean the lands required for the installation of storm water 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 Chapter 1 of Title 58 of the Revised Statutes.
DUPLEX shall mean a structure containing two (2) dwelling units, each of which is totally separated from the other by an unpierced ceiling and floor extending from ground to roof or an unpierced ceiling and roof extending from exterior wall to exterior wall, except for a common stairwell exterior to both units.
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
DWELLING, ONE-FAMILY shall mean a building occupied or intended for occupancy exclusively by one (1) family or one (1) household with cooking, sleeping and sanitary facilities for the use of the occupants of the unit. Also referred to as a "single-family dwelling."
DWELLING, PATIO HOME shall mean a one-family dwelling with yard setbacks on three sides and having a court.
**Webmasters Note: The previous definition has been added as per Ordinance No. 18-01.
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 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
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 separate cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each dwelling.
DWELLING, DETACHED shall mean a dwelling which is completely surrounded by permanent open spaces.
DWELLING OR APARTMENT shall mean a building or portion thereof designed or used as the residence or sleeping place of one (1) or more persons, including one-family, two-family and multiple dwellings, apartment-hotels, boarding and lodging houses, but not including motels, tourist cabins, trailers or trailer courts.
DWELLING UNIT shall mean living accommodations designed and used for occupancy by one (1) family only.
DWELLING, ZERO LOT LINE shall mean a patio home dwelling on one lot attached on one side to another patio home on an adjacent lot.
**Webmasters Note: The previous definition has been added as per Ordinance No. 18-01.
EASEMENT shall mean a restriction established in a deed, and/or duly recorded instrument and/or on a duly recorded or filed map to permit the use of land by the public, or by particular persons, corporations or other legal entities for specified uses For the purpose of this Article, a right-of-way, grant or reservation shall be defined as an easement.
ENVIRONMENTAL COMMISSION shall mean a municipal advisory body created pursuant to P.L. 1968, c 245 40:56A-1 et seq.).
EROSION shall mean the detachment and movement of soil or rock fragments by water, wind, ice and gravity
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, electric, steam or water transmission systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, light stanchions, 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 governments] agencies or for the public health, safety or general welfare.
FAMILY shall mean any number of persons related by blood, marriage or adoption living together as a single housekeeping unit and using certain rooms and housekeeping facilities in common, A "family' shall also include foster children placed with a family in such dwelling by the New Jersey State Board of Child Welfare or a duly incorporated child care agency,
FARM shall mean an area of land which is actively devoted to agricultural or horticultural use, or for the raising of poultry, livestock or horses, 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,
FARMING shall mean the use of land for agricultural or horticultural use or for raising poultry or domesticated livestock.
FAST FOOD ESTABLISHMENT shall mean an establishment designed for over-the-counter service which may or may not include drive-through window service and which serves primarily a limited, standardized menu of quickly prepared or preprepared foods such as hamburgers, fried chicken, fried fish, etc., packaged in paper or other types of disposable wrappers and containers for immediate service to patrons primarily for immediate consumption whether or not interior seating facilities are provided. Convenience stores are not included in the definition of fast food establishment
**Webmasters Note: The previous definition has been added as per Ord. No. 12-02.
FINAL APPROVAL shall mean the official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.
FINAL PLAT shall mean the final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with these regulations and which, if approved, shall be filed with the Clerk of the County of Morris for recording in accordance with law.
FLOODPROOFING shall mean any combination of structural and nonstructural additions, changes or adjustments to properties and structures, primarily for the reduction or elimination of flood damage to land, water and sanitary facilities, structures and contents of buildings.
FLOODWAY shall mean the channel of a natural stream and portions of the flood plain adjoining the channel which are reasonably required to carry and discharge the flood water or flood flow of any natural stream
FLOOD FRINGE shall mean the portion of the flood hazard area outside the floodway but inside the 100-year flood plain
FLOOD HAZARD AREA shall mean the floodway and any additional portions of the floodplain in which development and general use of the land would constitute a threat to the health, safety and general welfare. The flood hazard area constitutes the total area inundated by the 100-year design flood.
FLOOD PLAIN shall mean an area usually characterized as relatively flat or a lowland area adjoining a river, stream or watercourse which has been in the past, or can reasonably be expected in the future to be covered temporarily by floods.
FLOOR AREA RATIO shall mean the sum of the area of all floors of buildings or structures compared to the total area of the site.
FRONT STREET PROPERTY LINE shall mean that property line which is situated along a street right-of-way line as it may be modified by the definition of "side yard" as contained in this Article
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 APARTMENT shall mean one (1) or more multiple family buildings not exceeding two and one-half (2 1/2) stories or thirty (30') feet in height, containing off-street parking, outdoor recreational facilities and other requirements herein.
GENERAL DEVELOPMENT PLAN shall mean a comprehensive plan for the development of a planned development, as provided in N.J.S.A 40:55D-45.2.
GOVERNING BODY shall mean the Township Council of the Township of Denville.
GRADE shall mean a reference plan representing the average of finished ground level adjoining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the reference plan shall be established by the lowest points within the area between the building and the lot line or, when the lot line is more than six (6') feet (1829 min) from the building, between the building and a point six (6') feet (1829 mm) from the building.
HABITABLE SPACE shall mean living space and rooms, other than common hallways, cellar, storage space, garage space and space devoted to mechanical equipment serving the building.
HISTORIC DISTRICT shall mean one (1) 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, man-made structure, natural object or configuration or any portion or rights to use, acquire, or enjoy property under this Article, or under any other law of this State or of the United States have been denied, violated or infringed by an action or a failure to act under this Article
LAND shall include improvements and fixtures on, above or below the surface
LAND SURVEYOR shall mean a person who by reason of his special knowledge and ability in the principles and methods of land surveying, including the surveying of areas for their correct determination and description and for conveyancing, and for the establishment or reestablishment of land boundaries, and the plotting of lands and subdivisions thereof, and such topographical survey and land development as is incidental thereto, and is therefore qualified to practice land surveying as attested by Ins license in this State as a land surveyor
LIFE CARE/CONTINUING CARE COMMUNITY shall mean a program through which older adults commit to reside in a community for the remainder of their life The continuing care community has the physical facilities and services to provide care ranging from freestanding apartments to nursing home care Health care or access to health care is guaranteed
LOADING SPACE shall mean an off-street space or berth on the same lot with a building or buildings for temporary parking of a commercial vehicle while loading or unloading materials and/or equipment
LOCAL UTILITY shall mean any sewerage authority created pursuant to the Sewerage Authorities Law, N.J.S.A 40 14A-1 et seq, any utilities authority created pursuant to the Municipal and County Utilities Authority Law, 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 Statutes 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 area within the boundaries of a lot exclusive of any area lying within any abutting street right-of-way, or within twenty-five (25') feet of street centerline, or lying beyond the allowed measurable depth specified for each zone by this Article, or lying within a street right-of-way, as shown and laid out on the Master Plan or Official Map
LOT COVERAGE shall mean that portion of a lot which is occupied by principal and accessory buildings and structures but not including walkways, driveways, patios and open parking lots
LOT DEPTH shall mean a horizontal distance between the front lot line and rear lot line, measured perpendicular or radial to the front lot line at the midpoint of the lot frontage to the furthest distance thereof or taken as the average of three measurements at each corner and the midpoint for irregularly shaped parcels
LOT FRONTAGE shall mean the length of the front lot line Lot line shall mean a line of record bounding the lot.
LOT LINE, FRONT shall mean the lot line separating the lot from the street right-of-way, also referred to as a "street line "
LOT LINE, REAR shall mean the lot line opposite and most distant from the front lot line
LOT LINE, SIDE shall mean any lot line other than a front or rear lot line
LOT WIDTH shall mean the distance between the side lot lines, measured parallel to the front lot line at the minimum required front yard setback line
LOW INCOME HOUSING shall mean housing affordable according to the Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs, and occupied or reserved for occupancy by households with a gross household income equal to fifty (50%) percent or less of the median gross household income for households of the same size within the housing region in which the housing is located, and is subject to affordability controls
MAINTENANCE GUARANTEE shall mean any security which may be accepted by the Governing Body for the maintenance of any improvements required by this Article, including but not limited to, surety bonds, letters of credit under the circumstances specified in subsection 19-4 11b, and cash
MAJOR SUBDIVISION shall mean any subdivision not classified as a minor subdivision
MARKET-RATE DWELLING UNITS - Housing units not restricted to low- and moderate-income households that may sell at any price determined by a willing seller and a willing buyer.
**Webmasters Note: The previous definition has been added as per Ordinance No. 23-05.
MASTER PLAN shall mean a composite of one (1) or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to the Municipal Land Use Law
MAYOR shall mean the Mayor of the Township of Denville
MINOR SITE PLAN shall mean a development plan of one (1) or more lots which (1) Proposes new development within the scope of development specifically permitted by ordinance 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 50D-42, and (3) Contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval of a minor site plan have been met
MINOR SUBDIVISION shall mean any subdivision containing not more than two (2) lots fronting on an existing street, provided that such subdivision does not involve a planned development, any new street rent or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42. No property may proceed to be subdivided on the basis of a minor subdivision more than once during any five year period and it, during the aforementioned five year period, an attempt to further subdivide a tract of land which was the subject of a minor subdivision in the past is made, said application shall automatically be deemed to be a major subdivision and comply with the various terms and conditions of the Township's Land Use Ordinance relative to major subdivision applications, regardless of the exact nature of the application.
**Webmaster's Note: The previous definition has been amended as per Ordinance 14-98
MOBILE HOME shall mean an enclosed vehicle designed and constructed so as to permit occupancy for dwelling purposes on a permanent basis and customarily moves about on wheels All mobile vehicles for habitation not classified as travel trailers shall be construed to be mobile homes
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
MODERATE INCOME HOUSING shall mean housing affordable according to the Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs, and occupied or reserved for occupancy by households with a gross household income equal to or more than fifty (50%) percent but less than eighty (80%) percent of the median gross household income for households of the same size within the housing region in which the housing is located, and is subject to affordability controls
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 Metal fabricating and refinishing, sanding and painting and other related mechanical activities necessary to repair auto bodies are not included in this process
MUNICIPALITY shall mean any city, borough, town, township or village
MUNICIPAL AGENCY shall mean a municipal planning board or board of adjustment, or a governing body of a municipality when acting pursuant to the Municipal Land Use Law and any agency which is created by or responsible to one or more municipalities when such agency is acting pursuant to the Municipal Land Use Law
NONCONFORMING LOT shall mean a lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, 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 shall mean a structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons 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 a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment
NURSING HOME shall mean a convalescent or boarding home established to render domiciliary or nursing care for chronic or convalescent patients
OBSTRUCTION shall mean any dam, wall, embankment, level, dike, pile, abutment, projection, excavation, channel, rectification, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse fill, structure or matter in, along, across or projecting into any natural stream or flood plain which may impair, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water or that is placed where the flow of water might carry the same downstream to the damage of life or property.
OFFICIAL COUNTY MAP shall mean the map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Morris County Board of Chosen Freeholders.
OFFICIAL MAP shall mean a map adopted by ordinance pursuant to the Municipal Land Use Act (N.J.S.A 4055D32 et seq ).
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
ONSITE 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 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.
OPEN SPACE ZONING shall mean a permitted reduction in lot size and lot area requirements in major subdivisions in certain specified zones in which the density requirement (dwelling units per acre) is maintained and when all resulting undeveloped land with the subdivision is maintained for either public or private open space.
OWNER shall mean any individual, firm, association, syndicate, co-partnership or corporation, trust or other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this Article.
OWNER OF RECORD shall mean the recorded owner of the parcel of land to be subdivided as shown on the tax records of the Township.
PARKING AREA shall mean an open area used for the parking of motor vehicles and available for use as a service or privilege to clients, customers, suppliers or the general public. Such parking area shall not be construed to include a street or other public way or access drive leading to the parking area, but may include aisles that directly serve parking spaces
PARKING SPACE shall mean the parking area for the parking of one motor vehicle Such a parking space shall provide for a rectangular area of not less than two hundred (200) square feet exclusive of access drives or aisles and shall be a minimum of ten (10') feet in width measured perpendicular to the axis of the length Each space shall abut an access driveway or aisle
PARTY IMMEDIATELY CONCERNED shall mean for purposes of notice any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under the Municipal Land Use Law
PATIO HOUSE shall mean a one-family dwelling located on a separate lot with open setbacks on three (3) sides which may have a courtyard Patio homes shall be attached to similar houses on adjacent lots with one (1) common party wall.
PERFORMANCE GUARANTEE shall mean any security which may be accepted by the Governing Body, including but not limited to, surety bonds, letters of credit under the circumstances specified in subsection 19-4 1001i and cash
PLAN shall mean the provisions for development of a planned development, including a plat or 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 Article, shall mean the written and graphic materials referred to in this definition
PLANNED AGE-RESTRICTED COMMUNITY shall mean a comprehensively designed residential development containing dwellings restricted to occupancy by at least one member of a household fifty-five years of age or older and no children under nineteen (19) years of age in permanent residence, pursuant to the Federal Fair Housing Act, as amended.
**Webmasters Note: The previous definition has been added as per Ordinance No. 18-01.
PLANNED COMMERCIAL DEVELOPMENT shall mean an area of a minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses or both and any residential and other uses incidental to the predominant use as may be permitted by ordinance
PLANNED DEVELOPMENT shall mean a 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 by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by ordinance
PLANNED UNIT DEVELOPMENT shall mean an area with a specified minimum contiguous acreage of ten (10) acres or more to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one (1) or more public, quasi-public, commercial or industrial areas in such ranges or ratios of nonresidential uses to residential uses as shall be specified in the zoning ordinance
PLANNED UNIT RESIDENTIAL DEVELOPMENT shall mean an area with a specified minimum contiguous acreage of five (5) acres or more to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate commercial, or public or quasi-public uses all primarily for the benefit of the residential development
PLANNING BOARD shall mean the Municipal Planning Board established by this Article
PLAT shall mean a map or maps of a subdivision or site plan.
PRELIMINARY APPROVAL shall mean the conferral of certain rights pursuant to the Municipal Land Use Law prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS 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.
PRELIMINARY PLAT shall mean the preliminary map indicating the proposed layout of the subdivision which is submitted to the Secretary of the Planning Board for Planning Board consideration and tentative approval and meeting the requirements, of this Article.
PRINCIPAL USE shall mean the primary or predominant use of the premises. A principal building shall be one containing a principal use.
PRIVATE GARAGE shall mean a detached accessory building or portion of a main building, used for the storage of passenger vehicles or a permitted commercial vehicle.
PRIVATE SWIMMING POOL . See "Swimming Pool (Private) "
PROFESSIONAL ENGINEER shall mean a person who by reason of his special knowledge of the mathematical and physical sciences and the principles and method of engineering analysis and design, acquired by professional education and practical experience, and is qualified to practice professional engineering as attested by his license in this State as a professional engineer.
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 for any physical products or goods from the site.
PUBLIC AREAS shall mean:
a. Public parks, playgrounds, trails, paths and other recreational areas;
b. Other public open spaces;
c. Scenic and historic sites;
d. Sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSAL shall mean a master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
PUBLIC DRAINAGE WAY shall mean the land reserved or dedicated for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen nonpoint pollution.
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 conservation uses
PUBLIC GARAGE shall mean any building, premises or landing which or upon which the following business, service or industry is conducted:
a. Gasoline filling or motor vehicle service or repair station, provided this definition shall be construed to expressly prohibit the repair or refinishing of motor vehicle bodies, the rental of cars, trucks or trailers as an accessory use or the conduct of a taxi, trucking, or similar business as an accessory use The term "motor vehicle service or repair" shall not be construed to include any business where the service or repair of motor vehicles is an accessory use in connection with the sale of motor vehicles or where the installation of motor vehicle accessories is not the primary or predominant use of the building premises or land unless the building premises or land is also used as a gasoline filling station
b. The storage or the maintenance of motor vehicles or trailers
PUBLIC UTILITY shall mean any public utility regulated by the Board of Regulatory Commissioners and defined pursuant to N.J.S.A. 48:2-13
PUBLIC VIEW . Visible frame public thoroughfare, public lands or buildings, public pathways, trails or bicycle paths and navigable waterways.
**Webmasters Note: The previous definition has been added as per Ordinance No. 3-99
QUADRUPLEX shall mean four (4) attached dwellings in one (1) structure in which each unit has two (2) open space exposures and shares one (1) or two (2) walls with adjoining unit or units
QUORUM shall mean the majority of the full authorized membership of a municipal agency
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 development
RESTAURANT shall mean a building or structure designed, used or intended for use in which either food or beverage or both is provided in an enclosed structure on the site A '.restaurant" shall not include fast-food or 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 said 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
RESUBDIVISION shall mean.
a. The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law, or
b. The alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument
RETENTION BASIN shall mean those areas which exist or are created for the storage of storm water and absorption of this water into the ground
SEDIMENTATION shall mean the deposition of soil that has been transported from its site of origin by water, lee, wind, gravity or other natural means as a product of erosion
SHOPPING CENTER See "Planned commercial development "
SIGNS shall mean any announcement, declaration, demonstration, billboard, display, illustration or insignia used to promote or advertise the interests of any person, group of persons or product when the same is placed, erected, attached, painted or printed, in view of the general public The term "sign" shall include a new painted text or other display, illustration or insignia on an existing sign area
SINGLE FAMILY RESIDENCE shall mean a detached structure designed for the use of a single household, including a single person or two (2) or more persons living as a family and wherein not More than two (2) persons are sheltered or fed for profit.
SINGLE OWNERSHIP shall mean ownership by one (1) person or by two (2) or more persons, whether jointly, as tenants by the entirety, or as tenants in common, of a separate parcel of real property not abutting land in the same ownership.
SIGHT TRIANGLE shall mean a triangular shaped area established at the intersection of two (2) streets.
SITE PLAN shall mean a development plan of one (1) 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, floodplains, marshes and waterways; (2) The location of all existing and proposed buildings, driveways, 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 an ordinance requiring review and approval of site plans by the Planning Board adopted pursuant to the Municipal Land Use Law.
SKETCH PLAT shall mean the sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion outlined in and meeting the requirements of this Article
SKILLED NURSING FACILITY shall mean a facility that provides medical and continuous nursing care services to geriatric patients who are not in the acute phase of illness and require primarily convalescent, rehabilitative, and/or restorative services It may be freestanding or a unit in a hospital. The facility can include, but is not restricted to, Medicare/Medicaid certified skilled nursing facilities.
STANDARDS OF PERFORMANCE shall mean standards: (1) Adopted by ordinance pursuant to the Municipal Land Use Law regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the municipality; or (2) Required by applicable Federal or State laws or municipal ordinances
STEEP SLOPES shall mean any slope which has a grade greater than or equal to fifteen (15%) percent but less than twenty-five (25%) percent
STORY shall mean that portion of a building included between the surface of any floor, excluding basement, 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
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
STORY, FIRST shall mean the lowest story or the round 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. (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 Article, or (4) Which is shown on a plat duly filed and recorded in the Office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
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.
SUBDIVIDER shall mean any individual, firm, association, syndicate, co-partnership, corporation, trust, or any other legal entity commencing proceedings under this Article to effect a subdivision of land hereunder for himself or for another
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 act, if no new streets are created
a. Division of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five (5) acres or larger in size,
b. Division of property by testamentary or intestate provisions,
c. Division of property upon court order including but not limited to judgments of foreclosure,
d. Consolidation of existing lots by deed or other recorded instrument; and
e. 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 the 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 term "resubdivision".
SUBDIVISION COMMITTEE shall mean a committee of at least three (3) Planning Board members appointed by the Chairman of the Board for the purpose of classifying subdivisions in accordance with the provisions of this Article, and such other duties relating to land subdivision which may be conferred on this Committee by the Board.
SWIMMING POOL (PRIVATE) shall mean any artificially constructed basin or other structure for the holding of water used, or intended to be used, as a swimming pool in conjunction with a single-family residence and available only to the family of the householder and his private guests for swimming, diving, and other aquatic sports and recreation, provided that said swimming pool shall have a depth of not less than twenty-four (24") inches or a surface area of not less than two hundred fifty (250) square feet, except when such pools are permanently equipped with a water recirculating system or involve structures materials
TERMS . The present tense shall include the future; the singular number shall include the plural; and the plural the singular. The word " shall" is always mandatory. The words "zones" and "district" are the same.
TOWNHOUSE-DUPLEX COMBINATION shall mean a building designed for occupancy by two (2) families or households separated from each other by an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both units, which is attached to and other similar two-family or single-family building by means of party walls extending from foundation to roof and/or by a common stairwell. For the purposes of this Article, each building may be owned in fee simple, condominium or cooperative ownership or each unit may be owned in cooperative or condominium ownership.
TRANSCRIPT shall mean a typed or printed verbatim record of the proceedings or reproduction thereof
TRAVEL TRAILER shall mean an enclosed mobile vehicle designed and constructed so as to permit occupancy for dwelling or sleeping purposes on a temporary basis and to be moved on wheels. For the purpose of this Article, this definition shall be construed to include vehicles having a self-contained means of locomotion and collapsible camping trailers. No vehicle under this definition shall be more than thirty (30') feet in length,
TRIPLEX shall mean a building containing three (3) dwelling units, each of which has direct access to the outside.
UTILITY BUILDING shall mean an accessory structure either prefabricated or built using approved construction materials not exceeding a building height of twelve (12') feet or exceeding (200) two hundred square feet in area, to be used only for the storage of articles and materials accessory to a residential use in any residential zone. There shall not be more than two utility buildings on a single lot that is two (2) acres or less in size and the total area of all utility buildings on a lot shall not exceed two hundred (200) square feet.
**Webmasters Note: The previous definition has been amended as per Ord. No. 9-02.
VARIANCE shall mean permission to depart from the literal requirements of a zoning ordinance pursuant to the Municipal Land Use Law
WETLANDS shall mean those areas that are inundated by surface or ground water with a frequency sufficient to support, and under normal circumstances does or would support, a prevalence of vegetative or aquatic life that requires saturated or seasonally saturated soil conditions for growth and reproduction. Wetlands include, but are not limited to swamps, marshes, bogs and similar areas such as sloughs, potholes, wet meadows, river overflows, mud flats and natural ponds Wetlands shall include, but not be limited to, those shown on the US Department of the Interior wetlands maps, or similar rasps published by the New Jersey Department of Environmental Protection.
WIRELESS TELECOMMUNICATION ANTENNAS . A system of electrical conductors that transmit or receive radio frequency signals for wireless telecommunication towers.
**Webmaster's Note: The previous definition has been added as per Ordinance No. 3-99.
WIRELESS TELECOMMUNICATION EQUIPMENT Accessory facilities serving and subordinate in area, extent and purpose to, and on the same lot as a wireless telecommunication towers or antenna. Such facilities include transmission equipment, storage sheds, storage buildings and security fencing.
**Webmaster's Note: The previous definition has been added as per Ordinance No. 3-99
WIRELESS TELECOMMUNICATION EQUIPMENT COMPOUND . A fenced-in areas which houses wireless telecommunication buildings, antennas, as, equipment and/or towers.
**Webmaster's Note: The previous definition has been added as per Ordinance No. 3-99
WIRELESS TELECOMMUNICATION TOWER . A freestanding vertical structure designed to support one or more wireless telecommunication antenna, including monopoles, guyed towers, lattice towers and similar structures.
**Webmaster's Note: The previous definition has been added as per Ordinance No. 3-99
YARDS, FRONT YARD shall mean an open space, unoccupied except by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the front street property line and the nearest point of any structure on the lot, Any lot abutting a street less than fifty (50') feet in width shall be construed as having a front street property line or side street property line located twenty-five (25') feet from the center line of the street. Any lot abutting a street shown as greater than fifty (50') feet on the Master Plan or Official Map shall provide a front yard or side street setback measured from the right-of-way required herein.
YARDS, SIDE YARD shall mean an open space, unoccupied except by a use as hereinafter specifically permitted, extending between the front yard and the rear yard of a lot and lying between the side lot line and the nearest point of any structure on the lot.
YARDS; REAR YARD shall mean an open space unoccupied except by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the rear lot line and the nearest point of the principal structure on the lot.
ZONING MAP shall mean the Zoning Map of the Township of Denville, New Jersey dated together with all amendments subsequently adopted
ZONING PERMIT shall mean a document signed by the administrative officer. (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 the Municipal Land Use Law. (Ord #2-77, 19-1 2, Ord #18-91, 1, Ord #1-92, 2; Ord #16-92, 1, Ord #7-93, 1)
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
CHANNEL shall mean a natural depression of perceptible extent, with definite beds and banks to confine and conduct flowing water either continuously or periodically.
CUT shall mean the removal of non-buoyant, impervious, solid material which results in an increase in the storage capacity of the if flood plain.
**Webmaster's Note: The previous definition has been added as per Ordinance 14-98
DEVELOPMENT shall mean any man made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operation.
ELEVATED BUILDING shall mean a non-basement building, (i) 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 (ii) 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
FILL shall mean any approved material placed or deposited within the flood plain or the watercourses that create them which will displace floodwaters.
**Webmaster's Note: The previous definition has been added as per Ordinance 14-98
FLOOD FRINGE shall mean that portion of the flood hazard area outside of the floodway, but inside the one hundred (100) year flood plain.
FLOOD HAZARD AREA shall mean the floodway and any additional portions of the flood plain which the improper development and general use of would constitute a threat to the safety, health and general welfare. This constitutes the total area inundated by the one hundred (100) year design flood.
FLOOD PLAIN shall mean an area, usually a relatively flat or lowland area adjoining a river, stream or watercourse, which has been in the past or can reasonably be expected in the future to be covered temporarily by flood.
FLOODPROOFING shall mean any combination of structural and non-structural addition, changes or adjustments to properties and structures, primarily for the reduction or elimination of flood damage to lands, water and sanitary facilities, structures and contents of buildings
FLOODWAY shall mean the channel of a natural stream and portions of the flood plain adjoining the channel, which are reasonably required to carry and discharge the flood water or flood flow of any natural stream.
LOWEST FLOOR shall mean the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, useable 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 as to render the structure in violation of other applicable non-elevation design requirements.
OBSTRUCTION shall mean any dam, wall, wharf, embankment, levee, dike, pile, abutment, projections, excavation, channel, rectification, bridge, conduit, culvert, building, weir, fence, rock, gravel, refuse, fill, structure, or matter, in, along, across or projecting into any natural stream or flood plain which may impair, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.
100-YEAR FLOOD shall mean a flood of such magnitude as may reasonably be expected to be equaled or exceeded on an average once every one hundred (100) years, the term also means that level of flooding having a one (1%) percent probability of occurrence in any year
START OF CONSTRUCTION (for other than new construction or substantial improvements under the Coastal Barrier Resources Act [P L 97-348]) includes substantial improvement and means 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 a 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.
SUBSTANTIAL IMPROVEMENT shall mean any repair, reconstruction, or improvement of a property, the cost of which equals or exceeds fifty (50%) percent of the fair market value of the property either (a) before the improvement is started or (b) if the property has been damaged and is being restored, before the damage occurred Substantial improvement is started when the first alteration of any wall, ceiling, floor or other structural part of the building commences
WATER SURFACE ELEVATION DATA shall mean the elevation in relation to mean sea level expected to be reached by floods of various magnitudes and frequencies at pertinent points along a stream or in the flood plains of coastal areas.
DEVELOPMENT AREA shall mean that part of the permitted building envelope which is intended to be used for a structure and is so designated for soil disturbance necessary for the development of the lot.
EXCESSIVE SLOPE shall mean any slope which has a grade of twenty-five (25%) percent or more.
MINOR TOPOGRAPHIC VARIATION shall mean that slopes of twenty-five (25%) percent or more shall not occur in more than ten (10%) percent of any area of the lot.
STEEP SLOPE shall mean any slope which has a grade greater than or equal to fifteen (15%) percent but less than twenty-five (25%) percent.
HELIPAD shall mean the improved surface of defined dimensions upon which the helicopter lands and from which it takes off
HELISTOP shall mean an area of defined dimensions with appropriate improvements designed and used for the landing and takeoff of helicopters for the purpose of picking up or discharging passengers or cargo for a specific entity. It shall include the area used for storage of the aircraft, fuel service, maintenance or overhaul.
COUNCIL OR COAH shall mean the New Jersey Council on Affordable Housing established under the Fair Housing Act of 1985.
DEVELOPMENT FEES shall mean money paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted in COAH's rules.
EQUALIZED ASSESSED VALUE shall mean the value of a property determined by the Township tax assessor through a process designed to insure that all property in the Township 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 tax estimates for construction cost. Final equalized assessed value will be determined at project completion by the Township tax assessor.
SUBSTANTIVE CERTIFICATION shall mean a determination by the Council approving a municipality's housing element and fair share plan in accordance with the provisions of the Fair Housing ant and the rules and criteria as set forth herein. A grant of substantive certification shall be valid for a period of six (6) years in accordance with the terms and conditions contained therein.