Glossary forHopatcong (Borough of), Sussex County, NJ

APPLICANT The developer submitting an application for development.

APPLICATION FOR DEVELOPMENT The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or permit to build in a mapped area or for a structure not related to a street.

CONDITIONAL USE 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 the Zoning Ordinance and upon the issuance of an authorization therefor by the Planning Board. The review by the Planning Board of a conditional use shall include any required site plan review as provided in this chapter.

DAYS Calendar days unless otherwise specified.

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

DEVELOPMENT The process of subdividing or obtaining site plan review. It may also refer to the improvement of land and, in proper context, to a subdivision.

FINAL SITE PLAN APPROVAL The approval required prior to issuance of a building permit or other permit authorizing the development of land.

GENERAL TERMS AND CONDITIONS Those as outlined under preliminary approval, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; and any requirements peculiar to site plan approval, except that nothing herein shall be construed to prevent the municipality from modifying, by ordinance, such general terms and conditions of preliminary approval as relate to public health and safety.

LOT A parcel or portion of land separated from other parcels or portions by description, as on a subdivision or record of survey map or by metes and bounds, for purchase or sale, lease or separate use.

MAINTENANCE GUARANTY The security required for the maintenance of any improvements required by this chapter.

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

OFF-TRACT Neither located on the property which is the subject of a development application nor located on contiguous portions of a street or right-of-way.

OFF-TRACT IMPROVEMENTS Water, sewer, drainage and street improvements neither located on the property which is the subject of a development application nor located on a contiguous portion of a street or right-of-way.

ON-SITE Located on the lot in question.

ON-TRACT Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

OWNER Any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be developed to commence and maintain proceedings for site plan approval for the same under this chapter and, for the purpose of this chapter, shall include the developer, applicant, agent, engineer or other person authorized to represent the owner as defined herein.

PERFORMANCE GUARANTY The security which may be accepted in lieu of a requirement that certain improvements be made before the reviewing board approves a final site plan application, including performance bonds, escrow agreements, other similar collateral or surety agreements and cash, provided that the Borough shall not require more than 10% of the total performance guaranty in cash.

PRELIMINARY SITE PLAN APPROVAL The approval given to a preliminary site plan when the plan as submitted meets all requirements of applicable municipal ordinances and confers upon the applicant all of the rights provided in § 191-8 of this chapter.

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

RECYCLING AREA Space allocated for collection and storage of source-separated recyclable materials. [Added 11-4-1993 by Ord. No. 21-93]

REVIEWING BOARD The Borough Planning Board or Zoning Board of Adjustment, whichever Board has jurisdiction over the particular application, and is synonymous with "reviewing agency."

SITE PLAN A development plan containing the items required by virtue of the provisions of this chapter as a condition for the issuance of a permit for development.

SITE PLAN APPLICATION An application to the reviewing board requesting site plan review and approval and accompanied by all of the information required by this chapter.

SUBDIVISION

A. The division of a lot, tract or parcel of land into two or more lots, sites or other divisions of land for the purpose, whether immediate or future, of sale or building development, except that the following divisions shall not be considered subdivisions, provided that no new streets or roads are involved:

(1) Divisions of land found by the Planning Board or subdivision committee thereof, appointed by the Chairman, to be for agricultural purposes where the resulting parcels are five acres or larger in size.

(2) Divisions of property by testamentary or intestate provisions.

(3) Divisions of property upon court order.

(4) Conveyances so as to combine existing lots by deed or other instrument.

B. Subdivision also includes resubdivision and, where appropriate to the context, relates to the process of subdividing or to the lands or territory divided. The transfer of title to one or more adjoining lots owned by the same person or persons, as the same are designated on a map filed in the Sussex County Clerk's office, prior to the establishment of a Planning Board in the Borough pursuant to the Municipal Planning Act of 1953 shall be considered a subdivision of land.

APPLICANT The developer submitting an application for development.

APPLICATION FOR DEVELOPMENT The application form and all accompanying documents required by ordinance for approval of a subdivision plat.

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

DEVELOPMENT The process of subdividing or obtaining site plan review. "Development" may also refer to the improvement of land and, in proper context, to a subdivision.

DRAINAGE RIGHT-OF-WAY The lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream of water 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 Statutes Annotated.

FINAL APPROVAL The official action of the Planning Board taken on an approved preliminary plat after all requirements, conditions, engineering plans, etc., have been completed and the required improvements installed or bonds properly posted for their completion.

FINAL PLAT 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 proper county recording officer.

GENERAL TERMS AND CONDITIONS Those as outlined under preliminary plat approval, including, but not limited to, use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions, and off-tract improvements; except that nothing herein shall be construed to prevent the Borough from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.

LOT A parcel or portion of land separated from other parcels or portions by description, as on a subdivision or record-of-survey map or by metes and bounds, for purchase or sale, lease or separate use.

MAINTENANCE GUARANTY The security required for the maintenance of any improvements required by this chapter.

MAJOR SUBDIVISION Any subdivision not classified as a minor subdivision.

MASTER PLAN A composite of the mapped and written proposals recommending the physical development of the municipality, which shall have been duly adopted by the Planning Board.

MINOR SUBDIVISION The division of a lot of land meeting one or more of the following conditions:

A. The division of a lot for the purpose of enlarging an adjoining parcel, wherein the remaining parcel is not in conflict with the Zoning Ordinance nor is its future use or development adversely affected.

B. The division of a lot into not more than three lots, one of which is the remainder of the lot being subdivided, wherein all such lots meet all of the following requirements:

(1) Said lots are not in conflict with the Zoning Ordinance, Master Plan or Official Map.

(2) All lots front on an improved existing street, as defined in this chapter, which is of the width shown on the Master Plan.

(3) No new streets or roads are involved.

(4) Curbs, sidewalks and other improvements required in Article VI are either in existence or the lots are located in a developed area where such improvements would normally be installed by the Borough either as a general improvement or by assessment against benefiting property owners.

(5) The resulting lots are suitable for their intended purpose without the necessity of making unusual changes in grades of the lots.

(6) The creation of the lots will not produce a drainage problem or result in the necessity for drainage improvements or any other type of off-tract improvement.

(7) The creation of the lots will not adversely affect the uniform and comprehensive development of any remaining parcel or adjoining land in terms of:

(a) Suitable future road access and desirable future road and lot patterns.

(b) Future water and sanitary sewer utility installations and storm drainage improvements.

(8) Notwithstanding the foregoing, not more than three lots, including the remainder, shall be created by minor subdivision if complete development of the remaining lot or parcel, as permitted by the Zoning Ordinance, would require a new road or roads. Subsequent subdivision of the remaining lot or parcel shall be accepted only as a major subdivision.

(9) The lot to be subdivided is not part of a lot that has previously been created by virtue of a subdivision within five years of the date of the application.

OFFICIAL MAP A map adopted in accordance with the provisions of N.J.S.A. 40:55D-32 et seq. Such a map shall be deemed to be conclusive with respect to the location and width of the streets, public parks and playgrounds and drainage rights-of-way shown thereon.

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

OFF-TRACT Neither located on the property which is the subject of a development application nor located on a contiguous portion of a street or right-of-way.

ON-SITE Located on the lot in question.

ON-TRACT Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

OWNER Any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter, and for the purpose of this chapter shall include developer, applicant, agent, engineer or other person authorized to represent the owner as defined herein.

PERFORMANCE GUARANTY Any security which may be accepted in lieu of a requirement that certain improvements be made before the Planning Board or other approving body approves a plat, including performance bonds, escrow agreements, other similar collateral or surety agreements and cash, provided that the Borough shall not require more than 10% of the total performance guaranty in cash.

PRELIMINARY APPROVAL The official action taken on a preliminary plat by the Planning Board, meeting in regular session, which determines whether or not the plat submitted is in proper form and meets the established standards adopted for design, layout and development of the subdivision. Such preliminary approval confers upon a subdivider all rights provided for in this chapter by virtue of the provisions of N.J.S.A. 40:55D-49.

PRELIMINARY PLAT The preliminary map indicating the proposed layout of the subdivision, which is submitted for Planning Board consideration and tentative approval, and meeting requirements of Article VI of this chapter.

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

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

STREET Any avenue, street, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway; or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action; or a street or way 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 within the right-of-way, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, streets shall be classified as follows:

ARTERIAL STREETS - Those which are used primarily for fast or heavy traffic.

COLLECTOR STREETS - Those which carry traffic from minor streets to the major streets, including the principal entrance streets of a residential development and streets for circulation within such a development.

MINOR STREETS - Those which are used primarily for access to the abutting properties.

MARGINAL ACCESS STREETS - Those which are parallel or adjacent to controlled-access highways or major thoroughfares and which provide access to abutting properties and protection from through traffic.

ALLEYS - Minor ways which are used primarily for vehicular-service access to the back or side of properties otherwise abutting on a street.

LANES - Ways either for vehicular or pedestrian use, leading to Lake Hopatcong or Bear Pond.

SUBDIVIDER An applicant for development.

SUBDIVISION

(1) Divisions of land found by the Planning Board, or Subdivision Committee thereof appointed by the Chairman, to be for agricultural purposes, where the resulting parcels are five acres or larger in size.

(2) Divisions of property by testamentary or intestate provisions.

(3) Divisions of property upon court order.

(4) Conveyances so as to combine existing lots by deed or other instrument.

B. "Subdivision" also includes resubdivision and, where appropriate to the context, relates to the process of subdividing or to the lands or territory divided. The transfer of a title to one or more adjoining lots owned by the same person or persons as the same are designated on a map filed in the Sussex County Clerk's office, prior to the establishment of a Planning Board in the Borough pursuant to the Municipal Planning Act of 1953, shall be considered a subdivision of land.

SUBDIVISION COMMITTEE A committee of at least three Planning Board members appointed by the Chairman of the Board for the purpose of reviewing applications for subdivisions and site plans, in accordance with the provisions of this chapter, for the purpose of determining whether the applications are complete.

ACCESSORY USE OR BUILDING A subordinate use or building, the purpose of which is customarily incidental to that of the main use or building and is on the same lot.

AGRICULTURAL See "farm."

ALTERATIONS As applied to a building or a structure, a change or rearrangement in the structure parts or in the existing facilities or an enlargement, whether by extension of a side or by increase in height, or by moves from one location or position to another.

ANIMAL HOSPITAL A place where animals or pets are given medical or surgical treatment. Use as a kennel shall be limited to short-term boarding and shall be incidental to such hospital use.

ANIMAL KENNEL Any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.

ANIMAL SHELTER Any establishment where animals are received, housed or distributed without charge.

APPLICANT The land owner or the agent, optionee, contract purchaser or other person authorized to act for and acting for the landowner submitting an application under this chapter.

AUTOMOTIVE SERVICE STATION AND/OR GASOLINE STATION Any area of land, including structures thereon, that is used for the sale of gasoline or other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories, and which may include facilities used or designed to be used for polishing, greasing or servicing such motor vehicles.

BASEMENT A story partly underground but having more than 1/2 of its clear height above the average level of the adjoining ground.

BEDROOM Any room other than a living room, kitchen, dinette or dining room, bathroom, porch or closet shall be construed as a bedroom, unless a notarized certificate of use or sealed architectural drawings are presented indicating that the room is not a bedroom. The number of bedrooms, as determined above, shall become a part of the certificate of occupancy. [Added 4-5-1990 by Ord. No. 12-90; amended 5-15-1990 by Ord. No. 23-90]

BOARDER A person who is not a member of the immediate family and who may or may not pay for the privilege of boarding.

BOATHOUSE Any enclosed structure over the water used for the sole purpose of storing and mooring boats and boating equipment.

BOAT REPAIR YARD Pertains to any facilities or lakefront activities associated with commercial boat repair and storage.

BUILDING Any structure having a roof supported by columns, piers or walls, including tents, lunch wagons, trailers, dining cars, camp cars or other structures on wheels, or having other supports, and any unroofed platform, terrace or porch having a vertical face higher than three feet above the level of the ground from which the height of the building is measured.

BUILDING AREA The area formed by the intersection of a horizontal plane at average grade level and the vertical planes which coincide with the exterior surfaces of the building. In case of a section of a building which is cantilevered, the exterior surface of the most projected area is used to determine the area. This area does not include uncovered porches, terraces or steps, nor does the most projected area include roof overhangs.

BUILDING FOOTPRINT COVERAGE The sum of the building area compared to the total area of the lot area. When computing building footprint coverage, all building, whether principal or accessory, located on the site shall be included in the building footprint coverage calculation." [Added 4-5-2006 by Ord. No. 7-2006]

BUILDING HEIGHT The vertical dimension measured from the average elevation of the finished grade measured six feet out from the foundation to the highest point of the roof. [Amended 6-5-2002 by Ord. No. 17-2002]

BUILDING LINE A line formed by the intersection of a horizontal plane that coincides with the exterior surface of the building on any side. In case of a cantilevered section of a building, the vertical plane will coincide with the most projected surface. All yard requirements are measured to the building line.

BUILDING SETBACK A line established by this chapter within a lot defining the minimum distance between any structure or portion thereof to be erected or altered and an adjacent right-of-way, easement, street line, common open space or property line.

BULKHEAD LINE The high water mark of 10.30 feet above the dam as recorded at Lake Hopatcong State Park or the line established by the Bureau of Navigation, State Department of Environmental Protection, defining the lake's permanent shoreline.

CATWALK Any structure extending transversely from the main walk.

CHURCH OR HOUSE OF WORSHIP A building or group of buildings designed or intended for public worship.

CLUB An organization, corporation or association operating solely for benevolent, charitable, fraternal, social, religious, recreational, athletic or similar purposes and not for private gain.

CLUSTER Areas to be developed as a single entity according to a plan, containing residential housing and commercial and/or industrial units which have a common or public open space as an appurtenance.

COMMERCIAL SHOPPING CENTER Two or more retail commercial establishments located in one building or structure designated as a planned commercial development u defined herein.

COMMERCIAL VEHICLE Anything registered as a commercial vehicle.

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

COMMON SEWERS The sewerage system wherein all uses on the property dispose of sewage into a common facility.

COMMON WATER The water system wherein all users on the property obtain their drinking water from a central well or wells or public water supply system.

CONDITIONAL USE 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 chapter and upon approval by the Planning Board. The review by the Planning Board of a conditional use shall include any required site plan review as provided in this chapter.

CONTRACTOR/OFFICE A use in which a contractor has an office(s) for the contractor's business and has storage of heavy equipment used in the conduct of the contractor's business (not rental space for another business) and which in addition may provide office space for another business(es). All operations and activities, except the parking of the cars of employees and customers, are conducted within enclosed buildings and there is no outside storage of material, equipment, trucks, cranes, etc., nor refuse. "Contractor," as applied in this use, refers to those involved in activities such as construction of buildings, septic systems, driveways, earth movement or similar activities in which are used heavy equipment, such as dump trucks, graders, backhoes and bulldozers. [Added 4-6-1989 by Ord. No. 15-89]

CRITICAL AREA Any area in any zoning district of the Borough of Hopatcong wherein, because of soil characteristics or the existence of a stream, floodplain, pond, lake or wetland or because of any water table, slope, topographical or vegetation condition, general regulations are herein provided in order to promote and protect the public health, safety and general welfare of the people.

CUL-DE-SAC OR DEAD-END STREET A street or portion of a street to which accessibility is limited to only one ingress and egress.

DOCKS Any structure extending lakeward of the bulkhead line for the purpose of mooring boats, gaining access to moored boats or for egress or ingress to the surface waters of the Borough. The definition includes any floating dock or segmented dock used for the above purposes. The term "dock" shall also include any appurtenances thereto, including but not limited to boat lifts, personal watercraft ramps and/or similar devices. [Amended 7-2-1987 by Ord. No. 23-87; 11-7-1996 by Ord. No. 25-96; 8-5-1998 by Ord. No. 18-98]

DWELLING, MULTIFAMILY A building occupied or intended for occupancy as separate living quarters for two or more families or two or more households with direct access from the outside for each family or household or through a common hall, and further provided that separate cooking, sleeping and sanitary facilities are provided for the exclusive use of the occupants of each dwelling unit. Certain features of a multiple-family dwelling may be provided in common, such as off-street parking, yards and open space. Multiple-family dwellings may include buildings in cooperative or leasehold ownership or in condominium ownership.

DWELLING, SINGLE-FAMILY A building occupied or intended for occupancy exclusively by one family or one household with direct access from the outside and, further, provided with cooking, sleeping and sanitary facilities for the exclusive use of the occupants of the unit.

DWELLING UNIT One or more rooms providing living facilities for one family, including equipment for cooking or provisions for same.

ELEEMOSYNARY USE Any nonprofit organization which is primarily supported by charitable contributions.

EROSION AND SEDIMENT CONTROL AND SURFACE WATER MANAGEMENT PLAN A plan which fully indicates necessary land treatment measures, including a schedule of the timing for their installation, which will effectively minimize soil erosion and sedimentation and provide surface water management in accordance with Chapter 197, Soil Erosion and Sediment Control.

ESSENTIAL SERVICES The erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground, surface or overhead gas, electrical, steam or water storage or transmission systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, light stations, telephone lines, hydrants, tanks and other similar equipment and accessories herewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health, safety or general welfare. "Essential services" shall include firehouses or stations and first aid and emergency aid squads. Requirements for underground utilities shall be subject to the requirements of the Public Utility Commission, as well as other municipal ordinances where appropriate.

FAMILY A group of individuals not necessarily related by blood, marriage, adoption or guardianship living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan base on an intentionally structured relationship providing organization and stability. [Amended 10-4-2000 by Ord. No. 20-2000]

FAMILY HOME DAY-CARE PROVIDER A resident owner or renter-occupant, with consent of the property owner, who provides family day-care services in his/her single-family residence. [Added 12-6-1984 by Ord. No. 40-84]

FAMILY HOME DAY-CARE USE An accessory use of a single-family residence which provides care of not more than five children at a time, on a scheduled basis for a fee, to a single-family residence other than the child's own home. This total shall include the provider's own children and foster children age five or younger, not more than two of whom are under 23 months of age. No provider shall offer or operate this use before 6:00 a.m. or after 7:00 p.m. [Added 12-6-1984 by Ord. No. 40-84]

FARM An area of land which is actively devoted to agricultural or horticultural use and which occupies no less than five acres.

FARM BUILDING Any building used for the housing of agricultural equipment, produce, livestock or poultry or for the incidental or customary processing of farm products, provided that such building is located on, operated in conjunction with and necessary to the operation of a farm as defined by this chapter.

FENCE An artificially constructed barrier of any material or combination of materials erected to enclose, screen or separate areas and shall include arbors. [Amended 5-1-2002 by Ord. No. 12-2002]

FISSIONABLE SOURCE MATERIAL [Added 12-6-1984 by Ord. No. 38-84]

A. Mineral ore which is extracted or processed with the intention of permitting the product to become or to be further processed into fuel for nuclear fission reactors or weapons; or

B. Mineral ore which contains uranium or thorium in concentrations which might reasonably be expected to permit economically profitable conversion or processing into fuel for nuclear fission reactors or weapons.

FLOOR AREA RATIO The sum of the area of all floors of buildings or structures compared to the total area of the site with ceiling heights of seven feet or more. In the case of waterfront properties gross area will not include areas under the water. [Added 6-19-2002 by Ord. No. 20-2002; amended 5-4-2005 by Ord. No. 16-2005]

FLOOR AREAS, USABLE The sum of the gross horizontal areas of a floor or several floors of a building measured between the inside face of exterior walls or from the center line of walls separating two units having a clear ceiling height of eight feet, but no more than 10% of the usable floor area shall have a ceiling height less than the prescribed ceiling height for the type of building concerned in the Building Code. Any cellar, basement, garage space or accessory building is not to be included in computing usable area. In computing the area of the first floor of any dwelling, for the purposes of this chapter, in a split-level or tri-level dwelling, the first floor area shall be considered to be the sum of the usable floor areas in adjoining residential levels.

GARAGE, PRIVATE A building or space used as an accessory to the main building which provides for the storage of motor vehicles and in which no occupation, business or service for profit is carried on.

GARAGE, PUBLIC An enclosed building intended for the parking, storage, servicing or repair of motor vehicles as a business where all of the activities are normally carried on within the building, whether or not the facility is a part of an agency dealing in new or used motor vehicles.

GARAGE SALE All sales titled "garage sale," "yard sale," "lawn sale," "attic sale," "rummage sale" or any similar casual sale of tangible personal property advertised whereby the public at large is or can be made aware of the sale. [Added 11-7-1996 by Ord. No. 23-96]

GARDEN APARTMENTS A group of attached individual family dwelling units not more than three stories in height. [Added 10-4-2000 by Ord. No. 20-2000]

GROSS LAND AREA All of the area within the deed boundary lines of the tract.

HOTEL, MOTOR HOTEL OR MOTEL A building designed for occupancy as a temporary residence of one or more persons who are lodged in a furnished room, with or without meals, in accordance with § 242-54.

IMPERVIOUS COVERAGE/IMPERVIOUS SURFACE That percentage of the lot covered by impervious material, including buildings, driveways, paved or unpaved, walkways, paved or unpaved, patios, parking areas, paved or unpaved, auxiliary or accessory buildings, etc. This definition shall not apply to properties located in the R-1, R-2 and R-3 Zones. [Added 10-18-2006 by Ord. No. 29-2006]

INDUSTRIAL Those type, class or particular establishments which manufacture, assemble or fabricate products. Light industrial activities do not present a fire or explosive potential or emit toxic matter, noise, odor, vibration, glare, smoke, particulate matter or other elements which may be discernible and may have a nuisance potential.

INSTITUTIONAL USE Use and occupancy of structures and land by schools, kindergarten through grade 12, inclusive; churches or places of worship; clubhouses; hospitals for humans; libraries; and public utilities, other than municipal, for all lawful purposes for which such institutions were organized or created and exist.

INTERESTED PARTY Any person whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter.

JUNKYARD Any area and/or structure used or intended to be used for the conducting and operating of the business of selling, buying, storing or trading in used or discarded metal, glass, paper, cordage or any used or disabled fixtures, vehicles or equipment of any kind.

LINE-OF-SIGHT DIAGRAM A diagram prepared indicating the line of sight available to an individual or individuals from a given location across an identified distance. [Added 11-4-1998 by Ord. No. 29-98]

LOT A parcel or portion of land separated from other parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds for purchase or sale, lease or separate use.

LOT AREA An area of land which is determined by the limits of the lot lines bounding that area, and is always expressed in terms of square feet. Any portion of a lot included in a street right-of-way shall not be included in calculating the lot area.

LOT COVERAGE That percentage of the lot covered by impervious material, including buildings, driveways, paved or unpaved, walkways, paved or unpaved, patios, parking areas, paved or unpaved, auxiliary or accessory buildings, etc. This definition shall not apply to properties located in the R-1, R-2 and R-3 Zones. [Amended 4-6-1989 by Ord. No. 20-89; 10-18-2006 by Ord. No. 29-2006]

LOT DEPTH A mean horizontal distance between the street line and the rear lot line measured in the general direction of its side lot lines.

LOT WIDTH The mean horizontal distance between the side lot lines measured at right angles to its depth and at a point which constitutes the rear line of the required front yard space.

MAIN WALK Any structure extending into the lake from the shoreline which is used for access to moored boats.

MARINA Any public, semipublic or private facility capable of berthing or mooring five or more boats.

NONCONFORMING BUILDING A building which, in its design or location upon a lot, does not conform to the regulations of this chapter for the zone in which it is located.

NONCONFORMING LOT A lot or parcel which does not have the minimum width or contain the minimum area for the zone in which it is located or the use to which it is being put.

NONCONFORMING USE A use of a building or of land that does not conform to the regulations of the zone in which it is located.

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

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

OPEN SPACE ZONING A permitted reduction in lot sizes and lot area requirements in major subdivisions in which the density requirements (dwelling units per acre) are maintained and where all resulting open land within said subdivision is reserved as open space.

OWNER An individual, firm, associated syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided or developed to commence and maintain proceedings to develop the same under this chapter.

PARKING AREA, PRIVATE Any open area used for the temporary storage of automobiles and other vehicles for the private use of the owners or occupants of the lot on which the area is located.

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

PARKING SPACE An off-street space available for the parking of a motor vehicle and which, in this chapter, is held to be an area 10 feet wide and 20 feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto.

PATIO HOME A single-family attached one-story dwelling unit, usually L-shaped, whose structure utilizes the entire lot. The customary side and rear yards are consolidated into one central garden area, either partially or completely bordered by rooms. Party walls are fireproof and there are both rear and front entrances for each unit.

PIER A structure to moor boats to a dock or to which a deck, dock or other structure may be affixed.

PIERHEAD LINE A line running parallel to the bulkhead line and extending not more than 50 feet from said bulkhead line, as approved by the Natural Resources Council and Bureau of Navigation, State Department of Environmental Protection, beyond which no dock, pier or marina or other structure, permanent or temporary, floating or affixed to shore or lake bottom, may be located.

PLANNED DEVELOPMENT Planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development. [Added 9-5-2001 by Ord. No. 19-2001]

PLANNED SENIOR CITIZEN HOUSING DEVELOPMENT A housing development devoted to senior citizen uses incorporating two or more of the following: [Added 10-4-2000 by Ord. No. 20-2000]

A. Single-family detached residential.

B. Single-family attached residential.

C. Group homes.

D. Nonresidential facilities designed to serve the senior citizen community.

PLANNED UNIT DEVELOPMENT An area with a specified minimum contiguous or noncontiguous acreage of 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 or more public, quasi-public, commercial, or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in the zoning ordinance. [Added 9-5-2001 by Ord. No. 19-2001]

PORTABLE POOL Any above-surface-type of swimming, bathing or wading pool, constructed of canvas, rubber, plastic or other material and not designed or intended to be stationary or permanently fixed, but designed and intended to be removed and stored.

PRINCIPAL BUILDING A building or buildings in which is conducted the main or principal use of the lot on which said building is situated.

PUBLIC OPEN SPACE An open space area conveyed or otherwise dedicated to the Borough or a Borough agency, Board of Education, state or county agency or other public body for recreational or conservational uses.

QUARRY A place where rocks, ore, sand, gravel or similar materials are removed from the ground for sale or other commercial or industrial purpose. This shall not include any noncommercial soil, dirt or rock removal which may be incidental to any permitted agricultural use, nor shall it include excavating or regrading in connection with or in anticipation of building development or landscaping of any site. Quarrying operations shall include all operations used for such removal and the crushing, mixing and processing of the extracted product.

RECLAMATION PLAN A plan and supporting documentation to be submitted with an application for a quarrying permit which clearly indicates the ultimate restored contours of any land to be excavated, the preservation or restoration of trees and ground cover, the phasing stages of reclamation and the relationship of reclaimed tracts to the surrounding area, including possible circulation and other material necessary to permit the establishment of an appropriate reclamation bond as required by this chapter.

RESIDENTIAL PLANNED DEVELOPMENT An area of 100 or more contiguous acres to be developed as a single entity according to a plan, containing one or more residential structures in accordance with § 242-42.

RETAINING WALL A structure constructed and erected between lands of different elevations to protect structures and/or to prevent erosion. [Added 5-1-2002 by Ord. No. 12-2002]

RIGHT-OF-WAY The strip of land on which a road, path or public utility is located, owned by or dedicated to the public or subject to an easement in a public agency.

SENIOR CITIZEN HOUSING Housing available to individuals 55 year of age and older in conformance with the provisions of § 242-43C(10). [Added 10-4-2000 by Ord. No. 20-2000]

SENIOR CITIZEN RETIREMENT PROJECT A residential development, including dwelling units, recreation facilities and other appropriate facilities, within which residency shall be restricted to permanent residents of the age of 52 years and over, except for the spouse and the children 18 years or more of age of a qualifying resident.

SENIOR CITIZEN SUBSIDIZED DEVELOPMENT Those projects which qualify under the Senior Citizens' Housing Program pursuant to Section 202 of the Federal Housing Act of 1959, as amended.

SIGN Includes any device that is freestanding or attached to a building or structure or erected, painted, represented or reproduced upon or in any building or structure which displays, reproduces or includes any letter, word, name, number, model, insignia, design, device or representation used for one or more of the following purposes: to identify the premises; to advertise any trade, business, profession, industry, service or other activity; to advertise any product or item; to advertise the sale or rental or use of all or any part of any premises, including that upon which it is displayed; and to direct vehicular or pedestrian traffic, other than a state, county or municipal highway and roadway marker. "Sign" includes any announcement, declaration, demonstration, display, illustration, insignia or any representation being used to advertise or intended to advertise or promote the interest of any person. "Sign" shall include "billboard."

SIGN, FLASHING A sign in which the artificial light is not maintained constant in intensity, color or frequency at all times when such sign is in use.

SINGLE-FAMILY DETACHED DWELLING A house accommodating only a single family and having two side yards, a rear yard and a front yard.

SITE PLAN A development plan containing the items required by virtue of the provisions of this chapter as a condition for the issuance of a permit for development and developed in accordance with Chapter 191, Site Plan Review.

STANDARDS OF PERFORMANCE Standards adopted by this chapter regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and flammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the Borough or required by applicable federal or state laws.

STORY That part of a building between the surface of any floor and the next floor above it or, in its absence, the finished ceiling or roof above it. A split-level story shall be considered a second story if its floor level is six feet or more above the level of the line of the finished floor next below it, except a basement. Any floor under a sloping roof at the top of a building which is more than two feet below the top plate shall be counted as a story, and, if less than two feet below the top plate, it shall be counted as a half story, provided that not more than 60% of the floor area is used for rooms, baths or toilets, otherwise, it shall be counted as that fraction of a story which its floor area in rooms, baths or toilets bears to the entire floor area.

STREET Any avenue, street, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action, or a street or way 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 within the right-of-way, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, streets shall be classified as follows:

ARTERIAL - Those which are used primarily for fast or heavy traffic.

COLLECTOR - Those which carry traffic from minor streets to the major streets, including the principal entrance streets of a residential development and streets for circulation within such development.

MINOR - Those which are used primarily for access to the abutting properties.

MARGINAL ACCESS - Those which are parallel or adjacent to controlled access highways or major thoroughfares and which provide access to abutting properties and protection from through traffic.

ALLEYS - Minor ways which are used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.

LANES - Ways, either for vehicular or pedestrian use, leading to Lake Hopatcong or Bear Pond.

STREET LINE The dividing line between a lot and a street.

SWIMMING OR BATHING POOL Any private pool, whether permanently constructed or of the portable type, having a depth of more than 18 inches below the level of the surrounding land and a surface area greater than 160 square feet or an above-surface pool having a depth of more than 24 inches designed, used and maintained for swimming or bathing purposes by an individual for use of the members of his household and guests and located on the applicant's land as an accessory use to a residence, and shall include all buildings, structures, equipment and appurtenances thereto.

TEMPORARY BUILDINGS A temporary building or trailer without permanent foundation used for field office purposes or the storage of building materials or machinery in conjunction with an approved construction project, but specifically excluding and prohibiting sleeping accommodations for residential habitation.

TOWNHOUSE A building designed for or occupied by no more than one family or household and attached by a fireproof party wall to other similar buildings or structures by party walls and providing at least two direct means of access from the outside and provided with separate cooking, sleeping and sanitary facilities and separate connections for utilities.

TRAILER A wheel-based noncommercial vehicle that is designed to be transported by traction and which is used or may be used as a dwelling or for the transportation or storage of goods, materials, livestock or any object.

TRAVEL TRAILER - A vehicular portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreational and vacation uses on a temporary basis.

PICKUP COACH - A structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.

MOTORIZED HOME - A portable dwelling designed and constructed as an integral part of a self-propelled vehicle.

BOAT TRAILER - A trailer designed for the purpose of transporting a boat over land.

HORSE TRAILER - A trailer designed for the purpose of transporting horses or animals over land.

TENT TRAILER - A trailer with a built-in or attached tent designed and equipped to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.

TRUCK TERMINAL A location at which trucks are parked or privately serviced that transport goods and materials not produced, received for sale, warehoused or used in manufacturing at that location.

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

VARIANCE Permission to depart from the literal requirements of this chapter.

WAREHOUSE A structure or building, the principal use of which is for the storage of merchandise or commodities on a short- or long-term basis. A structure or building having facilities designed to store, deposit or hold merchandise on a temporary basis for further shipment or distribution shall not be considered a warehouse under this definition.

WIRELESS TELECOMMUNICATIONS ANTENNAS A device for the sending or receiving of a wireless telecommunication, subject to the provisions of this chapter. Said antennas may be either mounted on a building or placed on a wireless telecommunications tower. [Added 9-1-1999 by Ord. No. 19-99]

WIRELESS TELECOMMUNICATIONS TOWER A vertical structure used to support wireless telecommunications antennas. [Added 9-1-1999 by Ord. No. 19-99]

YARD, FRONT An open, unoccupied space on the same lot with the principal building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of that lot. Setback line shall be synonymous with the front yard.

YARD, REAR A yard extending across the full width of the lot and the nearest line of any building. The depth of the rear yard shall be measured at right angles to the rear line of the lot or, if the lot is not rectangular, then in the general direction of its side building lines.

YARD, SIDE An open, unoccupied space between the side line of the lot and the nearest line to the building and extending from the front yard to the rear yard or, in the absence of either of such yards, to the street or rear lot line, as the case may be. The width of a side yard shall be measured at right angles to the side line of the lot.

ZONING BOARD The Zoning Board of Adjustment of the Borough of Hopatcong as established in accordance with the Municipal Land Use Law.

ZONING PERMIT A permit stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this chapter for the zone in which it is located or is to be located.

PERSON An individual, proprietorship, partnership, corporation, association or other legal entity.

SEXUALLY ORIENTED BUSINESS

(1) A commercial establishment which as one of its principal business purposes offers for sale, rental or display any of the following: books, magazines, periodicals or other printed material or photographs, films, motion pictures, videocassettes, slides or other visual representations which depict or describe a specified sexual activity or specified anatomical area; or still or motion-picture machines, projectors or other image-producing devices which show images to one person per machine at any one time, and where the images so displayed are characterized by the depiction of a specified sexual activity or specified anatomical area; or other instruments, devices or paraphernalia which are designed for use in connection with a specified sexual activity. Excluded from this definition of "sexually oriented businesses" shall be any commercial entity for which:

(a) The sale, rental or display of the above-described sexually oriented materials constitutes only a minor ancillary or auxiliary aspect of its overall business;

(b) The sale, rental or display of the sexually oriented materials is segregated from other items offered for sale; and

(c) An appropriate warning sign is posted prohibiting minors from the purchase, rental or viewing of said sexually oriented materials.

(2) A commercial establishment which regularly features waiters, waitresses, dancers or other live performances characterized by the exposure of a specified anatomical area or by a specified sexual activity, or which regularly shows films, motion pictures, videocassettes, slides or other photographic representations which depict or describe a specified sexual activity or specified anatomical area.

SPECIFIED ANATOMICAL AREA

(1) Less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below a point immediately above the top of the areola.

(2) Human male genital in a discernibly turgid state, even if covered.

SPECIFIED SEXUAL ACTIVITY

(1) The fondling or other erotic touching of covered or uncovered human genital, pubic region, buttock or female breast.

(2) Any actual or simulated act of human masturbation, sexual intercourse or deviate sexual intercourse.

UNDERGROUND STORAGE TANK Any tank or other container which is located in whole or part below grade and which is used to store hazardous substances as defined by New Jersey Department of Environmental Protection and Energy (NJDEPE).

UNREGULATED TANKS Those tanks specifically exempted from NJDEPE regulations.

BMP Best management practices.

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

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

COMPACTION The increase in soil bulk density.

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

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

A. A county planning agency; or

B. A county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.

DEPARTMENT The New Jersey Department of Environmental Protection.

DESIGNATED CENTER A state development and redevelopment plan center as designated by the State Planning Commission, such as urban, regional, town, village, or hamlet.

DESIGN ENGINEER A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.

DEVELOPMENT The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural lands, "development" means: any activity that requires a state permit; any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A 4:1C-1 et seq.

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

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

ENVIRONMENTALLY CRITICAL AREAS An area or feature which is of significant environmental value, including but not limited to: stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and wellhead protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's landscape project as approved by the Department's Endangered and Nongame Species Program.

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

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

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

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

MINOR DEVELOPMENT Any development that provides for disturbing 1,500 or more square feet of land but less than one acre of land. "Disturbance," for the purpose of this article is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting or removing of vegetation.

MUNICIPALITY Any city, Borough, town, township, or village.

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

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

PERSON Any individual, corporation, company, partnership, firm, association, Borough of Hopatcong, or political subdivision of this state subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

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

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

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

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

SOIL All unconsolidated mineral and organic material of any origin.

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

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

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

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

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

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

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

URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD A neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.

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

URBAN REDEVELOPMENT AREA Previously developed portions of areas:

A. Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), designated centers, cores or nodes;

B. Designated as CAFRA Centers, cores or nodes;

C. Designated as urban enterprise zones; and

D. Designated as Urban Coordinating Council Empowerment Neighborhoods.

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

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