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.
COMPLETE APPLICATION . An application form completed as specified by this or any other applicable ordinance and the rules and regulations of the
* The power to regulate zoning is contained in R.S. 40:55D-1, et seq. planning board, and all accompanying documents required by ordinance for approval of the application for development, including, where applicable, but not limited to, a site plan or subdivision plat, provided that the planning board or other reviewing municipal agency may require such additional information not specified in the ordinance, or any revisions in the accompanying documents which are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency. An application shall be certified as complete immediately upon the meeting of all requirements specified in the ordinance and in the rules and regulations of the municipal agency, and shall be deemed complete as of the day it is so certified by the administrative officer for purposes of the commencement of the time periods for action by the planning board or other municipal agency.
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.
DRAINAGE RIGHT-OF-WAY . The lands required for the installation of storm water 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 R.S. 58:1.
FINAL APPROVAL . The official action of the planning board taken on an approved preliminary plat after all conditions, engineering plans, and other requirements have been completed and the required improvements installed or bonds properly posted for their completion. A plat that receives such final approval shall have been prepared by a professional engineer licensed in the State of New Jersey, and a land surveyor in compliance with all the provisions of R.S. 46:23-9.9 et seq and shall be the map which must be filed with the county clerk in accordance with R.S. 40:55D-54 in order to make the approval binding.
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 . The general terms and conditions shall be those outlined under preliminary plat details, section 19-6 and the design standards as outlined under section 19-8.
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 of sale, lease, or separate use.
MAJOR SUBDIVISION . All subdivisions not classified as minor subdivisions.
MASTER PLAN . A composite of the mapped and written proposals recommending the physical development of the town which shall have been duly adopted by the planning board.
MINOR SUBDIVISION . The division of a tract of land meeting one or more of the following conditions:
(a) The division of a parcel of land 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 tract of land into no more than two lots plus the remainder of the tract being subdivided wherein all such lots or parcels meet all of the following requirements:
(1.) Such lots shall not be in conflict with the zoning ordinance, master plan or official map.
(2.) All lots shall front on an existing street as defined in this chapter which is of the width shown on the master plan and which is improved sufficiently to meet all requirements of R.S. 40:55D-35 so that a building permit could be issued to construct a building on each lot.
(3.) No new streets or roads shall be involved.
(4.) Curbs, sidewalks and other improvements required in section 19-7 are either in existence or the lots are located in a developed area where such improvements would normally be -installed by the town either as a general improvement or by assessment against benefitting property owners.
(5.) The resulting lots shall be suitable for their intended purpose without the necessity of making unusual changes in grades of the lots.
(6.) The creation of the lots shall not produce a drainage problem or result in the necessity for drainage improvement 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 installation and storm drainage improvements.
(8.) The creation of the lots shall be in conformance with the zone plan and zone scheme for the area and immediately surrounding neighborhood.
(9.) Notwithstanding the foregoing, no more than two lots and a remainder shall be created by minor subdivision, if complete development of remaining lot or parcel, as permitted by the zoning chapter, would require a new road or roads. Subsequent subdivision of remaining lot or parcel shall be accepted only as a major subdivision.
MINOR SUBDIVISION PLAT . The final map of a minor subdivision which is presented to the planning board for approval and which, if approved, shall be filed with the proper county recording officer.
OFFICIAL MAP . A map adopted in accordance with the provisions of R.S. 40:55D-32 et seq. Such map shall be deemed to be conclusive with respect to the location and width of the street, public parks and playgrounds, and drainage right-of-way shown thereon.
OFFSITE . 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 contiguous portion of a street or right-of-way.
OFF-TRACT . Not located on the property which is the subject of a development application nor on contiguous portion of a street or right-of-way.
OFF-TRACT IMPROVEMENTS . Water, sewer, drainage and street improvements 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 . Location on the lot in question.
ON-TRACT . Location 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, co-partnership or corporation having sufficient proprietary interest in the land sought to be subdivided, to commence and maintain proceedings to subdivide such land 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 GUARANTEE . 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, and other similar collateral or surety agreements.
PLAT . The map of a subdivision.
PRELIMINARY APPROVAL . The official action taken on a preliminary plat by the planning board meeting in regular session which determines whether or not the maps submitted are in proper form and meet the established standards adopted for design, layout and development of the subdivision. Such preliminary approval shall confer upon a subdivider all rights provided for by virtue of the provisions of R.S. 40:55D-49.
PRELIMINARY PLAT . The preliminary map indicating the proposed layout of the subdivision submitted to the secretary of the planning board for planning board consideration and tentative approval and meeting requirements of section 19-6 of this chapter.
PUBLIC DRAINAGEWAY . The land reserved or dedicated for installation of storm water sewers or drainage ditches, or required along a natural stream or water course for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.
RE-SUBDIVISION . 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 establishment of any new streets within any subdivision previously made and approved or recorded according to law. Resubdivision shall not include conveyances 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. "Street" shall include the land between the street lines 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:
a. Arterial Streets. Those streets used primarily for fast or heavy traffic.
b. Major Streets. Those streets used primarily for heavy local and through traffic.
c. Collector Streets. Those streets which carry traffic from minor streets to- major streets, including principal entrance streets of a residential development and streets for circulation within such a development.
d. Minor Streets. Those streets used primarily for access to the abutting properties
e. Marginal Access Streets. Those streets parallel or adjacent to controlled access highways or major thoroughfares; and which provide access to abutting properties and protection from through traffic.
f. Alleys. Minor ways used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
SUBDIVIDER . An applicant for development.
SUBDIVISION . The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter, if no new streets are created:
(a.) Divisions of land, if found by the planning board or subdivision committee thereof appointed by the chairman, to be used for agricultural purposes where all resulting parcels are five acres or larger in size.
(b.) Divisions of property by testamentary or intestate provisions.
(c.) Divisions of property upon court order, including but not limited to judgments of foreclosure.
(d.) Consolidation of existing lots by deed or other recorded instrument.
(e.) The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons all of which are found and certified by the administrative officer to conform with 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 town. The term "subdivision" shall also include the term "resubdivision."
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 BUILDING OR USE . A use of structure customarily incident and subordinate to the principal use of land or buildings, and located on the same lot with such principal use or building.
ALTER . As applied to a building, this term means a change or rearrangement of supporting members or an enlargement whether by extending on a side or by increasing in height; or the moving from one location or position to another.
ALTERNATIVE LIVING ARRANGEMENT . A structure in which households maintain private rooms yet share kitchen and plumbing facilities, central heat and common areas. Alternative living arrangement includes, but is not limited to, residential health care facilities as regulated by the NJ Department of Health, and congregate living arrangements. All such facilities must be subject to controls on affordability, acceptable to the council.
APPLICANT . A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT . The application form and all accompanying documents required by ordinance for approval of a site plan and subdivision plat, planned development, conditional use or zoning variance.
BOARDING HOUSE OR LODGING HOUSE . A dwelling having one kitchen and used for the purpose of providing lodging, or both meals and lodging, for pay or compensation of any kind, whether computed by day, week, or month, to persons occupying such dwelling other than members of a family.
BUILDING . A combination of materials to form a construction adapted to a permanent, temporary, or continuous occupancy and having a roof. The word "building" shall include the word "structure".
BUILDING, MAIN OR PRINCIPAL . A building in which is conducted the main or principal use of the lot on which said building is located.
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 "most projected area" include roof overhangs.
BUILDING HEIGHT . The vertical distance measured from the average elevation of the finished grade along the front of the building to the mean elevation of the roof surface.
BUILDING LINE . A line formed by the intersection of a horizontal plane at the average grade level and a vertical 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 shall be measured to the building line.
CELLAR . A story partly underground and having more than one-half of its clear height below the average level of the adjoining ground.
CHANGE OF USE . Any use which substantially differs from a previous use of building or land in that it is located within a different class or category as specified by the Zoning ordinance.
COMMON OPEN SPACE . An open space 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 . ownership of two or more contiguous parcels of real property by one person, or by two or more persons owning such property jointly or as tenants by the entirety or as tenants in common.
CONDITIONAL USE . A use permitted in a particular zoning district only upon a showing that such use in a specified location shall comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the planning board.
CONGREGATE CARE FACILITY . A specially designed multi-unit residential structure which is served by a centrally located dining facility within the structure and designed for independent and semi-independent older persons requiring assistance, monitoring and/or supervision in daily activities, which does not include on-site health care services. Supportive services such as housekeeping, transportation, social and recreational facilities are usually provided.
CONSTRUCTION OFFICIAL . The town official specified in the building code and designated as such by the town council responsible for the enforcement of town codes and ordinances.
COURT . Any unbuilt space other than a yard.
DENSITY . The number of dwelling units per gross acre of land including streets, easements and open space portions of a development.
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 division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or 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.
DEVELOPMENT REGULATION . A zoning ordinance, subdivision ordinance, site plan ordinance, or other town regulation of the use and development of land, or amendment thereto.
DISTRICT . Part of the territory of the town to which certain uniform regulations of this chapter apply.
DRIVE-IN . Premises constructed to cater primarily to the motoring public, whether or not serving pedestrians as well as the automobile trade, and used for the sale to the public of any product and providing curb and/or window counter service.
DWELLING . Any permanent building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons. Dwellings may include but not be limited to the following types:
a. Single Family. A building occupied or intended to be occupied exclusively for residence purposes by one family or one housekeeping unit.
b. Multi-Family. A building or portion thereof used or designated as a residence for three or more families living independently of each other, and doing their own cooking in the building, including apartment houses, apartment hotels, and flats, but not including hotels or garden type apartments as defined in this chapter.
c. Garden Type Apartment. A building not exceeding two stories in height containing a group of separate dwelling units, none of which contains more than two bedrooms, and which is so designed that not more than two apartments are served by a common entry.
d. Duplex Residence. A double house consisting of two separate dwelling units under one roof, each complete in itself, with closed partition between, with independent means of ingress and egress in front and rear, and with separate sewer, water and other utility services. Also includes a two-family dwelling.
e. Semi-detached Dwelling. A free-standing detached building on one lot, or within a lot held in common ownership serving up to four families, with private exterior entrances to each dwelling and in general, having the exterior appearance of a single family dwelling, such as duplex, triplex or quadplex dwelling types.
f. Zero Lot Line Dwelling. A free-standing detached building on one lot, or within a lot held in common ownership, serving one family with one wall of the building located on a side property line including patio and atrium houses. Side, rear or front yards may be enclosed to form common walled, open courtyards, or patios for each dwelling.
g. Townhouse. A building designated for and occupied by no more than one family or household (dwelling unit), attached to similar buildings by not more than two common walls extending from foundation to roof and having individual rear or front yards designated as an integral part of each one family dwelling unit, and further having at least two means of access to the outside from each unit. For the purposes of this chapter, townhouses shall be buildings containing at least four (4) dwelling units and may be of a condominium, fee simple or cooperative form of ownership or any combination thereof.
h. Mid-Rise Apartments. Three or more dwellings located within a single building more than three stories high with direct access to a common hallway served by elevators from the ground level.
The word "dwelling" shall include the word "residence".
EASEMENT . An interest in land owned by another that entitles its owner to specific limited use or enjoyment.
ESTABLISHMENT . One place of business, or one permanent usage,
FAMILY . One or more persons who live together in one dwelling unit and maintain a common nonprofit single housekeeping unit. It may consist of a single person or of two or more persons, whether or not related by blood, marriage or adoption. It may also include domestic servants and gratuitous guests.
FIRST FLOOR . First floor area shall be measured by using the outside dimensions of the residential portion of a building excluding the area of an attached garage. For a split level or tri- level dwelling, the area shall be considered to be the sum of the areas of the two adjoining residential levels, excluding an attached garage.
FLOOR AREA RATIO - FAR . The sum of the area of all floors of buildings or structures compared to the total area of the site. Any paved area on the site shall not be construed as a "Structure" for purposes of application of FAR standards as contained in this chapter.
GARAGE, PRIVATE . A detached accessory building or portion of a main building for the parking of or temporary storage of automobiles of occupants of the main building, and wherein no more than one space is rented to persons not residents of the lot, or no more than one commercial vehicle, not to exceed two tons in net weight, is parked or stored.
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 facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning or servicing such motor vehicles.
GROSS AGGREGATE HOUSEHOLD INCOME . The total gross household income from all sources of all members of the household. In determining the amounts of income to be excluded, the Town shall consider the number of minor children in the household and such other factors as are given similar consideration under Federal and State subsidized housing guidelines.
HABITABLE ROOM . Any room except a room used for kitchen, bath or utility purposes.
HOME OCCUPATION . An activity carried out for gain by a resident and conducted as an incidental and subordinate use in the resident's dwelling unit and meets the performance criteria established for home occupations in Section 20-20.2 of this chapter.
HOTEL . A building which contains furnished living units for its occupants, and in which no living unit contains more than two rooms, exclusive of bathroom, foyer, closet or dressing area, terraces, or balconies; and providing, among other things, such services and features as lobby, maid and valet service, linens, central dining room, lounges, concessions, room service dispensary, game and hobby rooms, public assembly area, and other services and features customarily provided in a hotel, including 24-hour office service. Such living units may contain cooking facilities as a supplement to central dining facilities. Living units may be provided for the sole use of resident employees, provided they do not exceed three percent of the living units provided.
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, bags, cordage or any used or disabled fixtures, vehicles or equipment of any kind.
LIGHT MACHINE SHOP . A shop for the machining of light parts or products, in which no heavy machinery is used and which in its operation creates or maintains no nuisance objectionable to adjacent property, and particularly to adjacent residential properties.
LOADING SPACE . An off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or material.
LOT . Shall include the words "plot" or "parcel".
LOT, ZONING LOT . A designated parcel, tract or area of land established by a plat or otherwise as permitted by law, to be used, developed or built upon as a unit.
LOT AREA . The area of a lot taken at its perimeter, exclusive of any portion within a public or private street right-of-way.
LOT DEPTH . The horizontal distance between the front and rear lot lines measured along the median between the two side lot lines.
LOT FRONTAGE . The straight line distance measured between points where side lines meet street lines.
LOT LINE . Any boundary of a lot other than a street line.
LOT LINE, FRONT . The lot line separating the lot from the street line.
LOT LINE, REAR . The lot line opposite and most distant from the front lot line; or in the case of a triangular or otherwise irregularly shaped lot, a line ten feet in length entirely within the lot parallel to and at a maximum distance from the front lot line.
LOT LINE, SIDE . Any lot line other than a front or rear lot line.
LOT WIDTH . The horizontal distance between the side lot lines, measured at right angles to the lot depth at the building line.
LOW AND MODERATE INCOME HOUSING . Dwelling units developed pursuant to the Town's Zoning Ordinance and made available to low and moderate income households.
LOW INCOME HOUSEHOLD . A household whose aggregate gross annual income at the time of purchase or rental does not exceed fifty percent (50%) of the median income established and adjusted from time to time for the geographic area in which the Town is located by the U. S. Department of Housing and Urban Development.
MODERATE INCOME HOUSEHOLD . A household whose aggregate gross annual income at the time of purchase or rental is between fifty percent (50%) and eighty percent (80%) of the median income established and adjusted from time to time for the geographic area in which the Town is located by the U. S. Department of Housing and Urban Development.
MOTELS OR TOURIST CAMPS . A building or group of buildings which contain living or sleeping accommodations for transient occupancy and have individual outside entrances to each unit.
NONCONFORMING USE . 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
NONCONFORMING LOT . A lot, the area, 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 reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE . 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 reason of such adoption, revision or amendment
**Webmasters Note: The previous definitions, Nonconforming Use through Nonconforming Structure, have been amended as per Ordinance No. 2003-5.
NUISANCE . An offensive, annoying, unpleasant or obnoxious thing or practice; a cause or source of annoyance, especially a continuing or repeating invasion or disturbance of another's rights, including the actual or potential emanation of any physical characteristics or activity or use across a property line which can be perceived by or affect a human being of ordinary sensibility; or the generation of an excessive or concentrated movement of people or things, such as but not limited to:
a. Noise.
b. Dust.
c. Smoke.
d .Fumes.
e .Odor.
f .Glare.
g .Flashes.
h. Vibration.
1. Shock waves.
j. Heat.
k Electronic or atomic radiation.
l. Objectionable effluent.
m. Noise or congregation of people, especially at night.
n. Passenger traffic.
0. Transportation of things by truck, rail or other means.
p. Invasion of nonabutting street frontage by parking.
OFF-SITE . Located outside the lot lines of the lot or portions of a lot but within the property, of which the lot is a part, which is the subject of a development application of contiguous portion of a street or right-of-way.
ON-SITE . Located on a lot or portion of a lot which is the subject of a development application.
OFF-TRACT . Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
ON-TRACT . Located on the property which is the subject of a development application or a contiguous portion of a street or right-of-way.
OPEN SPACE . Any unbuilt area intended to meet the side, rear, or front space requirements of this chapter. 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.
PARKING SPACE . An area for the parking of a motor vehicle either within a structure or garage or in the open which, except in the case of residential properties, shall be exclusive of driveways or access drives.
PERSON . Any association, partnership, corporation, cooperative group, trust or other entity as well as an individual.
PLANNED DEVELOPMENT . Planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development. For purposes of this chapter the following types of planned development are utilized:
a. Planned Residential Development. An area with a specified minimum contiguous acreage of five acres or more to be developed as a single entity according to a plan containing one or more residential clusters which may include appropriate public or semi-public uses all Primarily for the benefit of the residential development.
b. Residential Cluster Development. An area to be developed as a single entity according to a plan containing residential housing units in which individual lots have a common or public open space area as an appurtenance.
PLANNED SENIOR ADULT RESIDENTIAL VILLAGE DEVELOPMENT . An area to be developed as a single entity according to a plan containing one or more residential clusters with attendant services restricted to adults 55 years of age or older, with the following exceptions: (1.) A husband or wife under the age of 55 years, who is residing with his or her spouse, who is of age 44 years or over. (2.) Children residing with their parent or parents where one of the parents with whom the child or children are residing is 55 years or over. (3.) Adults under 55 years of age will be admitted as permanent residents if it is established that the presence of such persons is essential for the physical care or economic support of the eligible older occupant or occupants.
PLANNING BOARD . In this chapter any reference to the planning board shall be considered to refer to the zoning board of adjustment in those instances where the zoning board has jurisdiction as granted by the Municipal Land Use Law (R.S. 40:55D-1 et seq.) and vice versa.
PRINCIPAL BUILDING . A building in which is conducted the main or principal use of the lot on which said building is located.
RIGHT-OF-WAY LINES . The boundary lines of land used or intended for use as streets or future widening, as shown on deeds, plats, or the master plan, and from which yard and other requirements shall begin.
SETBACK . An area extending the full width of the lot between the street right-of-way or any proposed future right-of-way and the required yard within which no buildings or parts of buildings may be erected.
SIGN AND/OR ADVERTISING STRUCTURE . For the purpose of this chapter the terms "sign" or "advertising structure" shall mean and include every sign, billboard, ground sign, roof sign, sign painted or printed on the exterior surface of a building or structure, illuminated sign, temporary sign, awning banner and canopy; and shall include the announcement, declaration, demonstration, display, illustration, or insignia used to advertise or promote the interests of any person or product when the same is placed out-of-doors in view of the general public. The word "sign", when used alone in this chapter, shall mean a nonilluminated sign. A lighted sign shall mean a sign which is lighted by external illumination only, by a light directed upon and reflected back from such sign, which shall be constructed in such manner that the source of light shall not be visible from the street. A sign with internal illumination shall mean either a single or double- faced sign made of glass, plastic, or other material behind or between which are enclosed incandescent or fluorescent lamps used for the purpose of illuminating the sign. A neon sign shall mean a sign consisting of tubes in which neon is used as one of the ingredients to provide illumination. A flashing sign shall mean any sign, lighted by any means, either internally or externally, by an intermittent source of illumination which blinks or flashes on and off. A revolving or moving sign shall mean any sign, however illuminated, which is so designed as to revolve or move in any way or manner. When signs of a certain type are stated to be permitted in any zone, the provision shall be construed as prohibiting any other type of sign.
STREET . Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway, or is shown upon a plat heretofore approved pursuant to law, or is approved by official action as provided by this act, or 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; "street" shall include 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.
STREET LINE . The dividing line between a lot and a street right-of-way from which the yard and other setback requirements shall be measured. Where a future right-of-way is intended as shown on the master plan, then the street line shall be measured from the future right-of-way. If title runs to the center of the street, then the curb line shall be considered the street line.
STRUCTURE . A combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of the parcel.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 2003-5.
TRACT . A parcel, property or area of land comprised of one or more lots adjacent to one another established by a plat or otherwise as permitted by law to be used, developed or built upon as a unit.
TRAILER CAMP . Land used or intended to be used by tents, trailers or movable dwellings. Two or more trailers, whether parked or supported by foundations shall constitute a trailer camp.
YARD, FRONT . An open space, extending across the full width of the lot, the depth of which is the minimum horizontal distance between the nearest point on the street line and nearest part of the main or accessory building, and in which only those structures which are specifically provided for in this Ordinance shall be permitted.
YARD, SIDE . An open space, extending from the front yard to the rear yard between the main building and the side lot line. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the main building, and in which only those structures which are specifically provided for in this Ordinance shall be permitted.
YARD REAR . An open space, extending the full width of the lot between the main building and rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest part of the main building toward the nearest point of the rear lot line, and in which only those structures which are specifically provided for in this ordinance shall be permitted.
ZONING PERMIT . A document signed by the administrative officer which either 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 or acknowledges that such use, structure or building complies with the provisions of the town zoning ordinance or variance therefrom duly authorized by a municipal agency pursuant to R.S. 40:55D-60 and 40:55D-70.
PORTABLE SIGN - any sign not permanently attached to the ground or other permanent structure or a sign designed to be transported, including but not limited to signs designed to be transported by means of wheels, balloons and other inflatables, and umbrellas used for advertising.
TEMPORARY SIGN - a sign which is displayed for a period not to exceed two weeks in any one calendar year.
SIGN STRUCTURE - the structure to which a portable sign is attached.
ABANDONED SIGN shall mean a sign which no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, project or activity conducted or product available on the premises where such sign is displayed.
ADVERTISING SIGN shall mean a sign directing attention to a business, profession, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is maintained, including but not limited to billboard signs.
ANIMATED SIGN shall mean any sign with action, or changing colors which require electrical energy. This definition does not include signs which indicate time, temperature, or date.
AWNING shall mean a rooflike structure with a vertical face Of no more than twelve (12) inches, usually made of canvas, and which is extended over a sidewalk. The opened triangular areas at the ends of the awning can be either infilled with the same material as the awning, or left open. The awning can be either retractable or fixed in position. Awnings which are in the shape of a segmented dome or segmented barrel shall not be permitted.
BANNER SIGN shall mean any sign which is stretched across and hung over a public right-of-
way, attached to any public or utility poles or a building and which is a non-permanent sign.
BENCH SIGN shall mean a sign located on any part of the surface of a bench or seat placed on or adjacent to a public right-of-way.
BILLBOARD SIGN shall mean a non-point-of-sale sign which advertises a business, organization, event, person, place or thing, unless such is more specifically defined herein.
BUILDING FACE OR WALL shall mean all window and wall area of a building in one plane or elevation.
BUSINESS SIGN shall mean any notice or advertisement, pictorial or otherwise, which directs attention to goods, commodities, products, services, or entertainment sold or offered upon the premises where such sign is located.
CHANGEABLE COPY SIGN shall mean a changeable copy sign (manual) which identifies a non-profit institution or organization on whose premises it is located, and which contained (a) the name of the institution or organization; (b) the name or names of the persons connected with it; (c) and greetings, announcements of events, or activities occurring at the institution, or similar messages.
CLOCK SIGN shall mean any timepiece erected outside of any building for the purpose of advertising the business on the Premises on which it is located.
COPY shall mean the wording or graphics on a sign surface.
CONSTRUCTION SIGN shall mean any sign giving the name or names of principal contractors, architects, and lending institutions responsible for construction on size where the sign is placed, together with other information included thereon.
DIRECTORY SIGN shall mean a serial sign, which identifies the names of businesses, offices, professionals, industries or other entities located within a planned center or complex.
DIRECTIONAL SIGN shall mean a sign which serves as an aid to motorists or pedestrians using facilities of some establishment, which sign does not itself advertise the establishment and which meets the sign requirements of this chapter.
DOUBLE-FACED SIGN shall mean a sign which has two (2) display areas against each other or where the interior angle formed by the display areas is sixty (60) degrees or less, where one face is designed to be seen from one direction and the other face from another direction.
EXTERIOR DIRECTORY sign shall mean a sign containing the building identification and address and the name and location of each tenant, and allowed in any project where one or more tenants does not have an exterior entrance or does not qualify for an exterior sign.
FACE OF SIGN shall mean the entire area of sign on which copy could be placed, and in the instance where a double-faced sign is utilized, the area of both faces shall be included to determine face square footage.
FLASHING SIGN shall mean a sign, the illumination of which is not kept constant in intensity at all times when in use and which exhibits marked changes in lighting effects. Illuminated signs which indicate only the time, temperature, or date shall not be considered as flashing signs.
FRONT FOOTAGE shall mean the lineal width measured parallel to the street frontage of the heated and enclosed structure upon a premises, not included out-buildings or appurtenant structures, unless said structures have no street frontage; in which case the front footage shall be the structure's side width of principal entrance.
GROUND LEVEL shall mean the immediate surrounding grade.
GROUND AND/OR POLE SIGN shall mean a permanently affixed sign which is wholly independent of a building for support.
HEIGHT OF SIGN shall mean the vertical distance measured from the surrounding grade to the highest point of the sign.
HISTORICAL IDENTIFICATION SIGN shall mean a sign, marker or plaque, identifying an historic structure or site, providing information about the significance of the structure or site.
ILLUMINATED DIRECT SIGN shall mean a sign illuminated by an external light source directed primarily toward such sign.
INSTITUTIONAL USES shall mean the use of a building by a church, school, non-profit organization, hospital, or the offices of a unit of government.
INSTRUCTIONAL SIGN shall mean a sign conveying instructions strictly for the direction, safety and convenience of the public with respect to the premises on which it is maintained, such as a sign designating the entrance to or exit from a parking area, a sign identifying restrooms, a trespassing sign, a danger sign, and similar signs.
MARQUEE shall mean any permanent rooflike structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
MARQUEE SIGN shall mean any sign attached to, in any manner, or made a part of a marquee.
MOBILE SIGN shall mean any sign which is attached to, mounted on, pasted on, painted or drawn on any vehicle, whether motorized or drawn, which is placed, parked or maintained at one (1) particular location for the express purpose and intent of promotion, or conveying an advertising message.
MURAL SIGN shall mean any sign that is painted on the wall or a building or structure in such a manner that the wall becomes the background surface of the sign.
NON-CONFORMING SIGN shall mean any sign which does not conform to the provisions of this Ordinance.
OPENING SIGN shall mean a temporary sign erected only for that limited period during which an enterprise not theretofore in operation begins its operation initially or at a new location.
POLE SIGN shall mean a sign mounted upon the ground but which by reason of height, width or other characteristics does not qualify as a ground sign.
POLITICAL SIGNS shall mean signs identifying or urging voter support for a particular election issue, political party, or candidate for public office.
PORTABLE SIGN shall mean a sign which is nor permanently affixed, including but not limited to signs mounted or painted on vehicles which are parked in such a manner as to serve the Purpose of an advertising device.
PROHIBITED SIGN shall mean any sign, other than a non-conforming sign, not conforming to this Ordinance.
PROJECTING SIGN shall mean any sign that extends perpendicular to a wall.
REAL ESTATE SIGN shall mean a temporary sign erected by the owner, or his agent, advertising the real property upon which the sign is located for rent, lease, or for sale, except in residential districts.
RESIDENTIAL USE shall mean the use of a building as a home, abode or place where an individual or individuals are actually living at a specific point in time.
ROOFLINE shall mean the apex, or highest point of the roof, or if there is a series of roofs, the apex of the lowest roof will be considered.
ROOF SIGN shall mean a sign projecting over the coping of a flat roof, or over the ridge of a gable, hip or gambrel roof, and Supported by or attached to said roof, or any sign that uses the roof for support.
SET BACK shall mean the minimum horizontal distance between either the face or curb, the edge of pavement, or the right-of-way line and the sign structure as specified in a particular section of this ordinance.
SIDEWALK OR SANDWICH SIGN shall mean a movable sign not secured or attached to the ground or surface upon which it is located.
SIGN shall mean any identification, description, illustration or device which is visible from any public place, whether located on private property or public property, which directs attention to a product, location, service, place, activity, person, institution or business, generally including columns, status, roof color or design, any exterior situated merchandise or any emblem, paint, banner, pennant, or placard designed to direct customers to or advertise, identify or convey information, said items still constituting a sign with or without copy, except permitted non-copy internal window displays. For the purpose of this Ordinance, signs shall also include all sign structures.
SIGN FACE shall mean the part of a sign that is or can be used for advertising purposes.
SIGNS, NUMBER AND SURFACE AREA shall mean, for the purpose of determining number of signs, a sign considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. Where matter is displayed, in a random manner, without organized relationship of elements, or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single sign. That area enclosed by one continuous line, connecting the extreme points or edges of a sign. The area shall be determined using the largest sign area or silhouette visible at any one point, including any open space or hole within the sign's face or any appendage protruding outside the sign's face. This area does not include the main supporting sign structure, but all other ornamental attachments, inner connecting links, etc. which are not a part of the main supports of the sign, are to be included in determining sign area.
SNIPE SIGN shall mean any sign of any material whatsoever that is attached in any way to a utility pole, tree, or any object located or situated on public or private property.
SIGN STRUCTURE shall mean structure which supports, has supported or is capable of supporting a sign including decorative cover.
STREET shall mean a public thoroughfare which affords the principal means of access to abutting property.
SURROUNDING GRADE shall mean the finished grade of the ground upon which a sign is placed, as per approved site plan by the Town of Newton.
TEMPORARY SIGN shall mean a sign of a non-permanent nature. All such signs shall be removed within ten (10) days after the purpose for which the sign is intended to advertise has been accomplished.
WALL SIGN shall mean a sign applied to or mounted to the wall or surface of a building or structure, the display surface which does not project more than six (6) inches from the our-side wall of such a building or structure. The total lettering on one side of a building or structure shall constitute one wall sign.
WINDOW SIGN shall mean any sign placed inside or upon a window facing the outside and which is intended to be seen from the exterior.
APPEAL means a request for a review of the Construction Official's interpretation of any provision of this Ordinance or a request for a variance.
AREA OF SPECIAL FLOOD HAZARD is the land in the flood plain within a community subject to a 1% or greater chance of flooding in any given year.
BASE FLOOD means a flood having a 1% chance of being equaled or exceeded in any given year.
DEVELOPMENT means 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 operations located within the area of special flood hazard.
FLOOD OR FLOODING means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters; (2) the unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY means the official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Boundary-Floodway Map and the water surface elevation of the base flood.
FLOODWAY means a channel of a river or other water course and the adjacent land areas that must be reserved in order to discharge a base flood without cumulatively increasing the water surface elevation more than 0.2 feet.
HABITABLE FLOOR means any floor usable for living purposes which include working, sleeping, eating, cooking or recreation or a combination thereof. A floor used only for storage purposes is not a habitable floor.
LOWEST FLOOR means the lowest level (including basement, crawl space, and basement) of the lowest enclosed area.
MOBILE HOME means a structure, transportable in one or more sections which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected with the required utilities. it does not include recreational vehicles or travel trailers. The Town of Newton prohibits the placement of Mobile homes in the area of special flood hazard.
NEW CONSTRUCTION means structures for which the "start of construction" commenced on or after the effective date of this Ordinance.
NEW MOBILE HOME PARK OR MOBILE HOME SUBDIVISION means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of this ordinance.
START OF CONSTRUCTION means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. 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 as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home Park or mobile home subdivision, "start of construction" means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed.
STRUCTURE means a walled and roofed building, a mobile home, or a gas or liquid storage tank, that is principally above ground.
SUBSTANTIAL means any repair, or reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either: (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored before the damage occurred. (For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration effects the external dimensions of the structure. The term does not, however, include either: (a) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (b) any alteration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places.
VARIANCE means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this Ordinance.
ANTENNA . Any exterior transmitting or receiving device mounted on a tower, building, or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), or television signals.
FAA . The Federal Aviation Administration.
FCC . The Federal Communications Commission.
HEIGHT . When referring to a tower or other structure, the distance measured from the lowest finished grade of the base of the tower to the highest point on the tower or other structure, including the base pad and any antenna or other appurtenances.
PRE-EXISTING TOWERS AND PRE-EXISTING ANTENNAE . Any tower or antenna for which a zoning permit has been issued prior to the effective date of the Ordinance.
STEALTH TOWER STRUCTURE . Man-made trees, clock tower, bell steeples, light poles and other similar alternative design mounting structures that camouflage and/or conceal the presence of antennae or towers.
TOWER . Any structure that is designed and constructed primarily for the purpose of supporting one or more antennae for telephones, radio, beepers, pagers, and similar communications purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes, but is not limited to, radio and television transmission towers, microwave towers, common carrier towers and cellular or other wireless telephone towers. The term also includes the Structure and any support thereof.
WIRELESS COMMUNICATIONS FACILITIES . Any structure or group of structures, including but not limited to, towers and antennae, designed and constructed for the purpose of facilitating communications for radios, beepers, pagers, mobile telephones or any other similar device.