AREA OF SHALLOW FLOODING " means a designated AO or AH zone on a community's Flood Insurance Rate Map with a one percent or greater chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

AREA OF SPECIAL FLOOD HAZARD " means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year.

BASE FLOOD " means the flood having a one percent chance of being equaled or exceeded in any given year.

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

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

DEVELOPMENT " 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, or storage of equipment or materials located within an area of special flood hazard.

ELEVATED BUILDING " means a non-basement building (i) built in the case of a building in an Area of Special Flood Hazard to have the top of the elevated floor elevated above the ground level by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water, and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In an Area of Special Flood Hazard "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.

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 and/or

       [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"(FIS) means the official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate Map and the water surface elevation of the base flood.

FLOOD PLAIN MANAGEMENT REGULATIONS " means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a flood plain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

FLOODWAY " means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.

HIGHEST ADJACENT GRADE " means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE " means any structure that is:

       [a] Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

       [b] Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

       [c] Individually listed on a State inventory of historic places in States with historic preservation programs which have been approved by the Secretary of the Interior; or

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

       (1) By an approved State program as determined by the Secretary of the Interior; or

       (2) Directly by the Secretary of the Interior in States without approved programs.

LOWEST FLOOR " means the lowest floor of the lowest enclosed area [including basement]. An unfinished or flood resistant enclosure, useable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a buildings lowest floor provided that such enclosure is not built so to render the structure in violation of other applicable nonelevation design requirements.

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

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

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

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

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

START OF CONSTRUCTION " (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. No. 97-348) includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation.

       Permanent construction does not include land preparation, such as clearing, grading and filling nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings or piers, or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE " means a walled and roofed building, a manufactured home, or a gas or liquid storage tank, that is principally above ground.

SUBSTANTIAL DAMAGE " means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

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

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

       [2] Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure".

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.

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

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

COMPACTION means the increase in soil bulk density.

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

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

       A.county planning agency; or

       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 plaits and implementing ordinances.

DEPARTMENT means the New Jersey Department of Environmental Protection.

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

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

DEVELOPMENT means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, by any person, for which permission is required tinder 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 4:1 C- I et seq.

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

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

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

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

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

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

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

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

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

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

PERSON means any individual, corporation, company, partnership, firm, association, the Borough of Kenilworth, 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 means 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, ground waters or surface waters of the State, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.

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

SEDIMENT means solid material, mineral 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 means the lot or lots upon which a major development is to occur or has occurred.

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

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

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

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

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

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

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

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

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

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

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

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

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

       (3) Designated as Urban Enterprise Zones; and

       (4) Designated as Urban Coordinating Council Empowerment Neighborhoods.

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

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

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.

DAYS - Calendar days.

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.

MAINTENANCE GUARANTY - Any security, other than cash, which may be accepted by a municipality for the maintenance of any improvement required by this chapter.

MINOR SITE PLAN - A development plan of one or more lots which (1) proposes the expansion of an existing. facility within the scope of development specifically permitted as a minor site plan; (2) does not involve planned development of any new street or extension of any off-tract improvement which is to be pro-rated pursuant to N.J.S.A. 40:55D-42; and (3) contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval of a minor site plan have been met. The portion of a site proposed for development as a minor site plan shall be limited to a change not exceeding ten (10) percent of the overall site area of the lots and blocks being developed.

       **Webmasters Note: The previous definition has been added as per Ordinance No. 2009-23.

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 on a contiguous portion of a street or right-of-way.

PERFORMANCE GUARANTY - Any security which may be accepted by a municipality, including cash, provided that the municipality shall not require more than ten percent (10%) of the total performance guaranty in cash.

PLANNED DEVELOPMENT - Planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.

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

REVIEWING BOARD - The Planning Board. [Amended 8-23-1995 by Ord. No. 95-17]

SITE PLAN - A development plan of one (1) or more lots on which is shown:

       A. The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways.

       B. The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices.

       C. Any other information that may be reasonably required in order to make an informed determination pursuant to an ordinance requiring review and approval of site plans by the Planning Board.

APPLICANT - A person, partnership, corporation or public agency requesting permission to engage in land disturbance activity.

CRITICAL AREA - A sediment-producing, highly erodible soil or a severely eroded area.

EROSION - Detachment and movement of soil or rock fragments by water, wind, ice and gravity.

EROSION AND SEDIMENT CONTROL 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. Such measures shall be in accordance with standards as adopted by the State Soil Conservation Committee.

EXCAVATION OR CUT - Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.

FARM CONSERVATION PLAN - A plan which provides for the use of land within its capabilities and for treatment within practical limits, according to chosen use, to prevent further deterioration of soil and water resources.

LAND - Any ground, soil or earth, including marshes, swamps, drainageways and areas not permanently covered by water within the borough.

LAND DISTURBANCE - Any activity involving the clearing, grading, transporting or filling of land and any other activity which causes land to be exposed to the danger of erosion.

MULCHING - The application of plant residue or other suitable materials to the land surface to conserve moisture, hold soil in place and aid in establishing plant cover.

PERMIT - A certificate issued to perform work under this chapter.

SEDIMENT - Solid material, both mineral and 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.

SEDIMENT BASIN - A barrier or dam built at suitable locations to retain rock, sand, gravel, silt or other material.

SITE - Any plot, parcel or parcels of land.

SOIL - All unconsolidated mineral and organic material of any origin.

SOIL CONSERVATION DISTRICT - A governmental subdivision of this state which encompasses this borough, organized in accordance with the provisions of Chapter 24, Title 4, of the New Jersey Revised Statutes.

STATE SOIL CONSERVATION COMMITTEE - An agency of the state established in accordance with the provisions of Chapter 24, Title 4, of the New Jersey Revised Statutes.

STRIPPING - Any activity which significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.

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

DAYS - Calendar days.

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 (2) or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation, or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to this Act.

MAINTENANCE GUARANTY - Any security, other than cash, which may be accepted by a municipality for the maintenance of any improvement required by this Act.

MINOR SUBDIVISION - The subdivision of land that does not involve the creation of more than three (3) lots, any new street or extension of any off-tract improvement. A "minor subdivision" shall not include any subdivision which. in the opinion of the reviewing board, is intended as the first step in a series of "minor subdivisions," the total effect of which would constitute a major subdivision.

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 on a contiguous portion of a street or right-of-way.

PERFORMANCE GUARANTY - Any security which may be accepted by a municipality, including cash, provided that the municipality shall not require more than ten percent (10%) of the total performance guaranty in cash.

RESUBDIVISION :

       A. The further division or relocation of lot lines or any lot or lots within a subdivision previously made and approved or recorded according to law.

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

REVIEWING BOARD - The Planning Board. [Amended 8-23-1995 by Ord. No. 95-17]

SUBDIVISION - The division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this act if no new streets are created:

       A. Divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes, where all resulting parcels are five (5) acres or larger in size.

       B. Divisions of property by testamentary or intestate provisions.

       C. Divisions of property upon court order.

       D. Conveyances so as to combine existing lots by deed or other instrument. The term "subdivision" shall also include the term resubdivision.

ACCESSORY BUILDING OR STRUCTURE - A detached building or structure on the same lot with, but subordinate to, a main building and used exclusively for the purpose incidental to that of the main building.

ACCESSORY USE - A use of land which is customarily associated with and is subordinate and incidental to the principal use and which is located on the same lot therewith.

ADJOINING PROPERTY - A lot or parcel of land which shares a common property line.

ALLEY - A thoroughfare or service roadway which affords a secondary means of access to abutting property and is not intended for general traffic circulation.

ALTERATION OF BUILDING OR STRUCTURE - Any enlargement, rearrangement, diminution or change in the supporting members of a building, such as bearing walls, column , beams and girders, as well as any change in doors or windows, means of ingress and egress, or increases in height.

AMERICANS WITH DISABILITIES ACT (ADA) - A 1990 federal law designed to bring disabled Americans into the economic mainstream by providing them equal access to jobs, transportation, public facilities and services.

APARTMENT - A portion of a building consisting of a self-contained group of rooms, designed, constructed and used as a dwelling unit, as such term is hereinafter defined, which dwelling unit is set apart from other units or portions of the building by way of a separate entranceway.

APARTMENT BUILDING - A structure containing more than three apartment dwelling units as hereinabove defined.

APPLICANT - A person 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, conditional use, zoning variance or direction of the issuance of a permit.

AVERAGE DAILY TRAFFIC (ADT) - The average daily traffic in both directions of travel on a roadway.

BASEMENT - A story of the building that is partly underground and has more than of its height, measured from clear floor to ceiling, above the average adjoining ground level.

BLOCK - A unit of land bounded by streets or by a combination of streets and public land, railroad rights of-way, waterways or municipal boundary lines.

BOARDINGHOUSE - A dwelling unit, or part of a dwelling unit, in which, for compensation, meals and lodging are provided. Some personal services may be provided.

BUILDING - Any structure which is permanently affixed to the land; has one or more floors or stories; is bounded by lot lines, yards or party walls; and is accessible to human use. A building may accommodate more than one family and have more than one dwelling unit and be used for residential, commercial, industrial or other purposes. A building shall not include such structures as billboards, fences or structures With interior areas not normally accessible to human use.

BUILDING AREA - The maximum horizontal projected area of a building and its accessories.

BUILDING COVERAGE - The ratio of the horizontal area, measured from the exterior surface of the exterior walls of the ground floor of all principal and accessory buildings on a lot to the total lot area.

BUILDING HEIGHT - Vertical distance from the average level of the existing or natural grade along the wall or walls of the building to the highest level of a flat roof surface, the slope of which is not more than one inch vertical to one foot horizontal; for all other roots the vertical distance measured from the existing or natural grade to the ridge of the roof. Existing or natural grade is to be measured at the foundation wall at the building corners. The Building height measured will be the largest so measured.

       **Webmasters Note: The previous definition has been amended as per Ordinance No. 2008-02.

BUILDING LINE - The line parallel to the street line at a distance therefrom equal to the depth of the appropriate yard requirements. See definition of "yard."

CANTILEVER - A projection of a second floor of a single-family home, by projecting beams or up to two (2) feet in length.

       **Webmasters Note: The previous definition has been added as per Ordinance No. 2004-01.

CELLAR - A space with less than one-half of its floor to-ceiling height above the average finished grade of the adjoining ground.

CERTIFICATE OF OCCUPANCY - A certificate issued by the Construction Official upon completion of construction of building work in accordance with the construction permit or upon a change in the occupancy of use of a building which certifies that all requirements of this chapter, or such adjustments thereof which have been granted and all other applicable requirements, have been complied with.

COMMUNITY RESIDENCES FOR THE DEVELOPMENTALLY DISABLED - A residential facility, licensed by the State of New Jersey, providing food, shelter and personal guidance, under such supervision as required by the law and limited to not more than 15 developmentally disabled or mentally ill persons. The complete definition and requirements for such a facility are described in N.J.S.A. 40:55D-66.1 and 40:55D-66.2.

COMMUNITY RESIDENTIAL HOME - A dwelling unit licensed to serve clients of a government department that provides living facilities for unrelated residents who operate as the equivalent of a family. Appropriate care and supervision, as well as other functional requirements, would be defined by appropriate State of New Jersey statute.

CONCEPT PLAN - Informal review of a plan for development that carries no vesting rights or obligations on any party.

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 zone district or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Planning Board. If the proposed conditional use does not comply with all of the conditions of the zone district, a variance may be required and jurisdiction over such use and variance rests with the Board of Adjustment pursuant to the Municipal Land Use Law.

CONDOMINIUM - A building, or group of buildings, in which dwelling units, offices or floor area are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis. such building, lot, structure or use is located.

COUNTY MASTER PLAN - The Official Master Plan for the physical development of a county.

CURB LEVEL - Legal grade of the street in front of the midpoint of the lot.

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 any 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 mine, excavation or earthfill and any use or change in the use of any building or other structure or land or extension of use of land for which permission may be required pursuant to this chapter.

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

DWELLING UNIT OR DWELLING - One or more rooms used or intended to be used for living purposes by one or more persons living together and maintaining a common household, having separate cooking and sanitary facilities and accessible from the outdoors either directly or through an entrance hall shared with other dwelling units.

       (1) SINGLE-FAMILY DWELLING UNIT - A detached building on a lot designed and occupied exclusively as a residence for one family or household.

       (2) TWO-FAMILY DWELLING UNIT - A building on a lot designed and occupied exclusively as a residence for two families or households.

       (a) DUPLEX - A detached building occupying a single lot, separated into two-single family dwelling units by a vertical wall unpierced except for access to a common basement or cellar.

       (b) SEMIDETACHED - A building separated into two dwelling units by a common vertical wall, with each dwelling unit on a separate lot.

       **Webmasters Note: The previous definition is restored as per Ordinance No. 2007-05

EASEMENT - A use or burden imposed on real estate by deed or other legal means to permit the use of land by the public, a corporation or particular persons for specified purposes.

FAMILY - A group of individuals not necessarily related by blood, marriage or other legal basis living together in a dwelling unit as a single household or housekeeping unit based on structured relationship which is a permanent or long-term relationship as opposed to one that is short term or transient. The single household use requires common use and access to all bathrooms, living areas, eating areas, food preparation and serving areas. Domestic servants shall be included.

FAST-FOOD RESTAURANT - An establishment whose principal business is the sale of prepared food or rapidly prepared food to the customer. The food is ready for consumption within the restaurant, off the premises or in cars.

FENCE - An artificially constructed barrier or natural barrier used to enclose, screen or separate areas.

FLOOD-FRINGE AREA - That portion of the flood hazard area outside of the floodway based on the total area inundated during the regulatory base flood plus 25% of the regulatory base flood discharge.

FLOODPLAIN - The channel and the relatively flat area adjoining the channel of a natural stream or river that has been or may be covered by floodwater.

FLOODWAY - The channel of a natural stream or river and portions of the floodplain adjoining the channel, which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream or river.

GARAGE, PRIVATE - A building accessory to the main building on the same lot, designed to house or store not more than three motor vehicles and intended for the sole use of the main building's occupants.

GARAGE, REPAIR - Any building, premises and land in which or upon which a business, service or industry involving the maintenance, servicing, repair or painting of vehicles is conducted or rendered.

GARDEN APARTMENT - One-, two- or three-story multifamily structure, generally built at a density of ten to fifteen dwelling units per acre, with related open space, recreation areas and parking.

HOME OCCUPATION - An occupation which:-

       (1) Is customarily carried on in a dwelling unit and is clearly incidental and secondary to the use of the dwelling unit for residential purposes.

       (2) Is carried on by a member of the family residing in the dwelling unit.

IMPERVIOUS SURFACE - Any material that prevents absorption of stormwater into the ground.

LOADING SPACE - An off-street space on the same lot with a building or group of building

       for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials. A loading space shall have 14 feet of vertical clearance.

LOT - A parcel of land, the locations, dimensions or boundaries of which are to be found recorded on the latest County Assessment Map or a plan prepared for submission under the requirements of this chapter and any other ordinance of the borough. See Figure 1 for typical lot types.

       (1) LOT, CORNER - A parcel of land located at the junction of and fronting on two or more intersecting streets.

       (2) LOT, FLAG - A lot not meeting minimum frontage requirements and where access to the public road is by a narrow driveway or right-of-way.

       (3) LOT, INTERIOR - A lot fronting on one street only.

       (4) LOT, THROUGH - An interior lot having frontage on two parallel or closely parallel streets.

LOT AREA - In square feet, determined by the limits of the lot lines bounding the lot, not including any portion used or intended for use as a street or street right-of-way.

       (1) LOT DEPTH - A mean horizontal distance between the front lot line and its parallel drawn through the midpoint of the rear lot line.

       (2) LOT FRONTAGE - Lot line or portion thereof which is coexistent with a street line. In the case of corner lots, the smaller of the two lot lines shall be considered as "frontage."

       (3) LOT WIDTH- The mean horizontal width measured at right angles to the lot depth.

       (4) LOT COVERAGE - The portion of a site, expressed as a percentage of the lot area, covered by buildings.

MASTER PLAN - A composite of the mapped and written proposals recommending the physical development of the borough which shall have been duly adopted by the Planning Board pursuant to the Municipal Land Use Law.

MULTI-GENERATIONAL FAMILY ACCOMMODATIONS - A dwelling area similar to those sometimes called a "mother-daughter apartment,' serving as secondary living space for a relative or relatives. The living space shall be connected with a door to the remainder of the residence and may have separate kitchen appliances installed pursuant to codes. The accessory apartment must share a common entrance and may not have a separate exterior entrance. The dwelling area shall be considered as an accessory apartment. The property owner must enter into an agreement with the Borough of Kenilworth to be recorded with the office of the Union County Recorder, specifying the persons permitted to occupy the accessory apartment and agreeing to remove all kitchen appliances when the named parties no long reside there.

NONCONFORMING BUILDING OR 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.

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 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 reason of such adoption, revision or amendment.

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 a development application or within a contiguous portion of a street or right-of-way.

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.

PARKING SPACE - An off-street space available for the parking of a motor vehicle, which space is to be nominally nine feet wide and 18 feet long, subject to overhangs, exclusive of passageways and driveways appurtenant and giving access thereto.

PROFESSIONAL OFFICE - The office of a member of a recognized profession, including the offices of doctors or physicians, dentists, optometrists, ministers, architects, professional engineers, surveyors, lawyers, artists, authors, musicians and such other similar professional occupations. The practice of such occupation shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone to a greater extent than for the professional activities listed herein. The issuance of a state or local license for regulation of any gainful occupation need not be deemed indicative of professional standing.

PUBLIC ASSEMBLY - An area where large numbers of individuals collect to participate in or to observe various programs. Typical public assembly areas are auditoriums, gymnasiums, field houses, theaters, banquet rooms, etc.

RIGHT-OF-WAY - The area between the outer boundaries of the public street or way, whether

       improved or unimproved and whether acquired by deed or easement. The term "right-of-way' shall apply to planned future roadways or widenings when these are shown on adopted documents.

SETBACK - The distance between the building and any lot line. See Figure 2.

SETBACK LINE - A line within any lot, usually marking the limits of a required yard space, parallel to any street line, between which and the street line no building or portion thereof may be erected, except as provided in this chapter.

SHED - A small structure usually of metal or wood used for storage.

SIGN - Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images.

SITE PLAN - The development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, floodplains, wetlands and waterways; landscaping and open spaces; walkways, means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority.

STORAGE - To place, park, stand or permit to remain unattended, unless temporarily.

STREET - A public thoroughfare which has been dedicated or deeded, or is designed to be, to the public for its use.

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

STREET, PAPER - A street that has never been built, but which is shown on an approved plan, tax map, subdivision plat or Official Zoning Map.

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

USE - The specific purpose for which a parcel of land or a building or a portion of a building is designed, arranged, intended, occupied or maintained. The term "permitted use' or its equivalent shall not be deemed to include any nonconforming use.

VARIANCE - Permission to depart from the specific or literal zoning ordinance requirements.

VARIANCE, BULK - A departure from any provision of a zoning ordinance except provisions concerning use. Bulk regulations are standards that establish the maximum size of structures, coverage, setbacks, heights, yard requirements, etc.

VARIANCE, HARDSHIP - A variance that involves a departure from any provision of a zoning ordinance for a specific lot because of exceptional narrowness, shape, topographic conditions, physical features or similar extraordinary conditions of the property. Personal hardship, or a self- created hardship, are not grounds for the granting of a hardship variance.

VARIANCE, PLANNING - A variance granted for bulk regulation departure that would result in improved zoning and planning that would benefit the community. Examples might be protection of environmentally sensitive areas, reducing impervious areas and similar benefits which would outweigh any detriments.

VARIANCE, USE :

       (1) A variance granted for a use or structure that -is not permitted in the zone. Particular cases include:

       (a) A use or principal structure not permitted in the zone district.

       (b) Expansion of a nonconforming use.

       (c) Deviation from standards pertaining to a conditional use.

       (2) Use variances are sometimes called "D-variances." Some items included in the D-variance section of the Municipal Land Use Law are not solely "use" variances. Floor area ratios, increases in permitted density and heights which exceed certain specific limits are not solely use departures, but are controls on intensity of use in a zone district.

VOLUME - The space within a structure as defined by the New Jersey Uniform Construction Code.

YARD - An open space as may be required by this chapter of uniform width or depth on the same lot with a building or a group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein permitted. See Figures 2 and 3:

       (1) FRONT YARD - An open, unoccupied space on the same lot with a main building, situated between any street line of the lot and the parts of the building nearest to such street line, and extending to the side lines of the lot. The front yard is measured perpendicular to the building at the closest point to the front lot line.

       (2) REAR YARD - An open, unoccupied space on the same lot with a main building, except for permitted accessory buildings, extending the full width of the lot and situated between the rear line of the lot and the nearest part of the building projected to the side lines of the lot. The depth of the rear yard shall be measured perpendicular from the rear line of the lot to the nearest projection of the building.

       (3) SIDE YARD - An open, unoccupied space on the same lot with a main building, situated between the side line of the lot and the parts of the building nearest thereto, and extending through from the front yard to the rear yard.

ZERO LOT LINE - The location of a building on a lot in such a manner that one or more of the building's sides rest directly on a lot line.

ZONE - A specifically delineated area or district within which this chapter provides for uniform regulations and requirements that govern the use, placement, spacing and size of land and buildings.

ZONING MAP - The Official Zoning Map that is a part of this chapter. The Official Zoning Map delineates the boundaries of each zone district.

ZONING PERMIT - A document signed by the Zoning Officer which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building which acknowledges that such use, structure or building complies with the provisions of the municipal zoning ordinance or variance therefrom duly authorized by a municipal agency pursuant to sections of the Municipal Land Use Law, N.J.S.A. 40:55D-60 or 40:55D-70.

SCHOOL BUS - A motor vehicle utilized primarily for the transportation of school children and registered pursuant to the laws of the State of New Jersey and the Division of Motor Vehicles as an S-l or S-2 vehicle.

       **Webmasters Note: The previous definition pertains to section 197-12.

FACADE - The main front of a building that masks the basic structure of a building.

       (2) Awnings associated with principal uses in the LC, I or SC Zones shall conform to the n following specifications:

       (a) No awning frame or part thereof shall be extended below seven feet from the sidewalk in front of any building, and no portion of the covering of said awning shall extend below six feet nine inches from the sidewalk.

       (b) No awning shall extend more than four feet from the facade of any building.

       (c) Sign lettering on any awning shall be painted on the area of the lowest 12 inches of an awning, and such lettering shall not exceed six inches in height. No external illumination from below the awning or facade shall be directed to the sign.

       (d) All newly constructed facades and awnings shall emphasize a colonial theme.

       (e) Notwithstanding the provisions of this article, any awning erected in such a manner, design or location so as to obstruct pedestrian traffic or which creates an obstruction to view by vehicular traffic or in any way creates a safety hazard to person or property shall be prohibited.

       **Webmasters Note: The previous definition pertains to Article XVII