§ 165-32. Terms defined.

For purposes of this chapter, the following phrases and words shall have the meanings indicated.

ACCESSORY USE OR BUILDING

A use or structure subordinate to the principal use or structure on the same lot and serving a purpose customarily incidental to the principal use or the principal structure. Where an accessory building is attached to a principal building by a roof, wall or the like, such accessory building shall be considered part of the principal building.

ADMINISTRATIVE OFFICER

The Zoning Officer.

ADULT LIVING CAMPUS

A development which consists of independent living units with limited amenities. Residency shall be age restrictive so that 80% of at least one of the occupants in each unit with or without a spouse or the members of such person's housekeeping unit shall be at least 55 years of age. The remaining 20% of the units must be occupied by at least one person over the age of 48. Resident children shall be 18 years of age or older.

ADVERSE EFFECT

Development designs or existing features on a developer's property, or nearby property, creating, imposing, aggravating or leading to impractical, unsafe, unsatisfactory or noncomplying conditions, such as: a layout inconsistent with the zoning regulations; insufficient street location; inconvenient street system; inadequate utilities, such as water, drainage, shade trees and sewerage; unsuitable size, shape and location of any area reserved for public use or land for open space in a planned development; infringement upon land designated as subject to flooding; and the creation of conditions leading to soil erosion by wind or water from excavation or grading; all as set forth in N.J.S.A. 40:55D-38 and measured against the design and performance standards of this chapter.

AGRICULTURAL USE/PURPOSE

Land devoted but not limited to forages and sod crops; grain and feed crops; dairy animals and dairy products; poultry and poultry products; livestock, including the breeding and raising of such animals; bees and apiary products; trees and forest products; or land devoted to and meeting the requirements for compensation pursuant to a soil conservation program under an agreement with an agency of the federal government. For purposes of this chapter, "agricultural use" does not include a dwelling. (See definition of "farm.")

ALLEY

A driveway or walkway leading to a rear yard bounded on both sides by a dwelling or business establishment.

[Added 6-23-2008 by Ord. No. O-12-08]

ALTERATION, STRUCTURAL

Any changes in the supporting members of a building, such as bearing walls, columns, beams or girders, or in the dimensions or configuration of the roof or exterior walls.

APARTMENT

A dwelling unit in a building have three or more dwelling units.

APPROVAL

Acceptance of a plat by the approving authority and meeting the preliminary or final plat requirements as applicable.

APPROVING AUTHORITY

The Planning Board, unless a different agency is designated in this chapter pursuant to the Municipal Land Use Law.

ASSISTED LIVING FACILITIES

Residences for the elderly that provide units which may include semi-independent living quarters and the supervision of self-administered medication, as well as shared facilities for meals, recreational activities, personal care and transportation.

[Added 12-20-1999 by Ord. No. O-20-99]

ATTIC

The open, uninhabitable space between the ceiling beams of the top habitable story and the roof rafters in any building.

AUTOMOBILE SERVICE STATION or GASOLINE STATION

A building or place of business where gasoline, fuel, oil and grease and/or batteries, tires and automobile accessories are supplied and dispensed directly to the motor vehicle trade and where mechanical repair but not body repair may be rendered as an accessory activity, provided that all mechanical repair takes place within the confines of a building.

BASEMENT

A space having 1/2 or more of its floor-to-ceiling height above the average level of the adjoining ground and with a floor-to-ceiling height of less than 6.5 feet.

BILLBOARD

An off-site lettered or pictorial advertising sign.

BUFFER AREA

An area either in it natural state or planted with evergreen or other suitable vegetation, fences, walls, berms or any combination thereof used to physically separate or screen one use or property from another so as to visually shield or block noise, lights or other nuisances.

BUILDING COVERAGE

The area of a lot covered by buildings, exclusive of decks and patios.

BUILDING HEIGHT

The vertical distance measured from the average elevation of the finished grade six feet from every side of the structure to the highest point of a flat roof, to the deckline of a mansard roof, and to the midpoint below the highest peak on a gable, sloped or hip roof.

CATERING FACILITY

An establishment for lease by private parties or organizations hosting social or business functions, and typically including food and beverage service and entertainment on premises for a specific date and time.

CELLAR

A space with less than 1/2 of its floor-to-ceiling height above the average finished grade of the adjoining ground and with a floor-to-ceiling height of less than 6.5 feet.

CHILD-CARE CENTER

An institution offering the provision of supplemental parental care and supervision for nonrelated children on a regular basis during part or all of the day under license by the New Jersey Department of Human Services. The term "child-care center," as used herein, includes the terms "infant-care center," "day nursery," "day-care center," "nursery school" or similar.

CLASSIFICATION

The determination by the approving authority that a plat is either a minor or major development.

CLUSTER DEVELOPMENT

A planned development technique based on a density of dwelling unit(s) per acre. The permitted number of dwelling units is then clustered onto one or more portions of the overall tract on reduced lot sizes so that individual segments of the tract have higher densities, provided that other portions of the tract are left in open space or common property so that the gross density limitation of the entire tract is not exceeded.

COMMON PROPERTY

A parcel(s) of land, together with the improvements thereon, the ownership, use and enjoyment of which are shared by owners and occupants of one or more of the individual building sites in the development.

COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED

Any community residential facility licensed pursuant to P.L. 1977, c. 448, providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to, group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements, and hostels.

COMPLETE APPLICATION

The submission of an application form and checklist completed by the applicant, together with all accompanying documents required by this chapter, for review by the approving authority.

CONDITIONAL USE

A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the zoning provisions of this chapter and upon the issuance of an authorization thereof by the Planning Board.

CONTINUING CARE RETIREMENT COMMUNITY

An organization that provides housing, services, and health care (including long-term care) to persons of retirement age. The community must provide increasing levels of care that meet the needs of individual residents, beginning with independent living and providing a variety of health and nursing care services. It offers a contract based on an entry fee that guarantees shelter and access to various health care services, whether they are prefunded or on a fee-for-service basis.

DENSITY

The permitted number of dwelling units per gross acre of land developed.

DENSITY NET

The number of dwellings per unit of land, excluding streets, easements, water areas and lands with environmental constraints.

DETENTION BASIN

Those areas which exist or are created for the temporary storage of stormwater and controlled discharged of this water to a receiving drainage system.

DEVELOPMENT COMMITTEE

Subdivision and/or site plan committee(s) of at least three members of the approving authority (three members on each committee if separate subdivision and site plan committees are appointed), appointed by the Chairman for the purpose of reviewing and making recommendations to the approving authority on a development application. In the event that no development committee has been created, the function delegated to it shall be performed by the approving authority.

DRAINAGE RIGHT-OF-WAY

The lands required for the installation of stormwater sewers or drainage swales or required along a natural watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against the hazard of flooding in accordance with Chapter 1 of Title 58 of the New Jersey Revised Statutes.

DRIVE-IN RESTAURANT

A business or establishment engaged in the sale of food, soft drinks, ice cream and similar confections which are so prepared, packaged in paper or other types of disposable wrappers or containers, and serviced to persons in motor vehicles so as to be intended for immediate consumption either outside of the building or in motor vehicles while parked on the premises.

DRIVEWAY

Any asphalt, concrete, brick, crushed stone, gravel, paver or other surface designed to provide ingress and egress for motor vehicles into and out of the property.

[Added 10-17-2005 by Ord. No. O-20-05]

DWELLING

Any permanent building or portion thereof designed or used exclusively as the residence of one or more persons.

A. 

DWELLING, ONE-FAMILY

A building which is completely surrounded by permanent open space occupied or intended for occupancy exclusively by one family, with cooking, sleeping and sanitary facilities for the use of the occupants of the dwelling unit; also referred to as a "single-family dwelling."

B. 

DWELLING, TWO-FAMILY

A building occupied or intended for occupancy as separate living quarters for no more than two families, with separate access, cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit, which units are separated from each other by vertical walls to the underside of the roof or by horizontal floors; also referred to as a "duplex dwelling."

C. 

DWELLING, MULTIFAMILY

A structure or building occupied or intended for occupancy as separate living quarters for more than two families, with separate cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit.

D. 

DWELLING, TOWNHOUSE

A one-family dwelling in a row of units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire-resistant walls.

E. 

DWELLING, GARDEN APARTMENT

One or more multiple-family buildings with dwelling units located one above the other and/or side-by-side units, containing off-street parking, outdoor recreation facilities, landscaped areas and other appurtenant facilities.

DWELLING UNIT

One or more rooms occupied or intended for occupancy as separate living quarters by one family or household, provided that access is directly from the outside or through a common hall and that separate cooking, sleeping and sanitary facilities are provided within the dwelling for the exclusive use of the occupants.

EATING ESTABLISHMENT

A commercial establishment where food and drink are prepared, served and consumed on premises, excluding, however, a fast-food restaurant and a snack bar or refreshment stand at a public or community swimming pool, playground or park operated in conjunction with and incidental to such recreational facility for the sole convenience of its patrons.

ESSENTIAL SERVICES

The erection, construction, alteration or maintenance by public utilities or municipal or other government agency of electrical, gas, water transmission or distribution systems or collection, communication, water supply or sewage treatment and collection systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, light stanchions, telephone lines, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate services by such public utilities or municipal or other governmental agencies for the public health, safety or general welfare, but not including buildings.

FAMILY

Any number of persons related by blood, marriage or adoption or living together as a single housekeeping unit.

FAMILY DAY-CARE HOME

A private residence in which child-care services for a fee are regularly provided to no less than three and no more than five children for no less than 15 hours per week.

FARM

An area of land which is organized as a management unit actively devoted to agricultural or horticultural use, including, but not limited to, cropland, pasture, idle or fallow land, woodland, wetlands, farm ponds, farm roads and land under farm buildings and other enclosures related to agricultural pursuits, which occupies a minimum of five acres, exclusive of the land upon which the farmhouse is located and such additional land as may actually be used in connection with the farmhouse as provided in the Farmland Assessment Act of 1964 (N.J.S.A. 54:4-23.3 et seq.).

FAST-FOOD RESTAURANT

An establishment whose principal business is the sale of prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building, in cars on the premises, or off the premises. (See also "drive-in restaurant.")

FLAG LOT

A lot whose area, exclusive of its access drive, meets the area requirement of the zoning provisions of this chapter, but whose configuration is one of reduced frontage on an approved street (generally a width sufficient for use as a driveway or future street), with the enlarged buildable portion of the lot located at the rear of the lot at the end of the access drive.

FLOOD HAZARD AREA

The rivers or other watercourses and adjacent land areas subject to inundation as defined by the New Jersey Department of Environmental Protection in the event of the design flood. These areas include, but are not necessarily limited to, the floodway and flood-fringe areas as delineated on the Flood Insurance Study for the Borough of Wharton with accompanying Flood Insurance Rates Maps and Flood Boundary Maps prepared by the Federal Emergency Management Agency.

FLOODPLAIN

The flood hazard areas of delineated streams and area inundated by the one-hundred-year flood in nondelineated areas.

FLOODWAY

See definition of term in Chapter 142, Flood Damage Prevention.

FLOOR AREA

The sum of the gross horizontal areas of the several floors of a building. "Floor area" for the purposes of imposing parking calculations shall not include areas devoted to mechanical equipment serving the building, stairways and elevators, interior areas devoted exclusively to parking and loading for motor vehicles or to any space where the floor-to-ceiling height is less than seven feet, provided that no more than 15% of the gross area may be reduced for these common area calculations.

FLOOR AREA RATIO

The sum of the area of all floors of buildings or structures compared to the total area of the site.

GARAGE

A building used for the inside storage of one or more vehicles.

GARAGE, REPAIR

Any building, structure, premises and land in which a business or service involving the maintenance, servicing or repair of vehicles, but not body repair of vehicles, is conducted or rendered.

GROSS FLOOR AREA

The sum of the gross horizontal areas of the several floors of a building measured from the exterior walls of the building, but not including interior parking spaces.

HOME OCCUPATION

An activity which is incidental to the use of a dwelling for residential purposes and which is conducted as an accessory use in the residents' dwelling unit.

IMPERVIOUS LOT COVERAGE

The portion of a lot which is improved with principal and accessory buildings, structures and uses, and including but not limited to driveways, swimming pools, tennis courts, parking areas, garages, walkways, patios, loading areas and any area improved with a material that reduces or prevents the absorption of stormwater into land and which reduces percolation to a rate slower than 120 minutes per inch. Retention and detention basins as well as dry wells should not be included as impervious coverage.

[Amended 5-20-2002 by Ord. No. O-5-02]

JUNKYARD

Any area of land, with or without buildings, devoted to the storage, keeping or abandonment of junk debris, whether or not it is in connection with the dismantling, processing, salvage, sale or other use or disposition thereof of any material whatsoever.

LOADING SPACE

An off-street berth on the same lot as the building being serviced for the temporary parking of a vehicle while loading and unloading.

LOT

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

A. 

LOT, CORNER

A parcel of land located at the junction of and abutting two intersecting streets or at the bend of the same street, where the angle of intersection does not exceed 135°.

B. 

LOT, THROUGH

A parcel of land which extends through from one street to another.

LOT COVERAGE

The percentage of a lot area which is occupied by building and accessory structures, including porches, chimneys and other related building appurtenances, but not including decks, driveways, patios, open parking areas and loading areas, tennis courts and swimming pools.

LOT DEPTH

A horizontal distance between the front and rear lot lines, measured perpendicular or radial to the front lot line at the midpoint of the lot frontage to the furthest distance thereof or taken as the average of three measurements, one taken at each corner and one taken at the midpoint, for irregularly shaped parcels.

LOT FRONTAGE

The horizontal distance between the side lot lines, measured along the front lot line.

LOT LINE

Any line, including the street line, forming a portion of the exterior boundary of a lot.

A. 

LOT LINE, FRONT

The line which separates the publicly owned or controlled street right-of-way from the private property which abuts upon the street, as distinct from a sidewalk line, curbline or edge-of-pavement line. On a street or highway shown on the adopted Master Plan of the Borough, the front lot line shall be considered to be the proposed right-of-way for the street.

B. 

LOT LINE, REAR

The lot line opposite and most distant from the front lot line.

C. 

LOT LINE, SIDE

Any lot line other than a front or rear lot line.

LOT WIDTH

The horizontal distance between side lot lines, measured parallel to the front lot line at the required front yard setback line.

MAJOR SUBDIVISION

Any subdivision not classified as a "minor subdivision."

MINOR SUBDIVISION

A subdivision of land that is for the creation of less than four lots, including the remainder of the original lot, and provided that such subdivision does not involve a planned development, any new street or extension of any off-tract improvement, the cost of which is to be prorated pursuant to § 165-42; provided, however, that in the event that more than one minor subdivision, then for the purpose of administering this chapter, the subsequent subdivision shall be considered as a major subdivision and processed accordingly. Approval of a minor subdivision shall be deemed final approval and, as such, shall be prepared and submitted in accordance with the final plat requirements.

MOBILE HOME

Any manufactured, transportable, year-round single-family dwelling built on one or more chassis and containing a flush toilet, bath or shower, and a kitchen sink, designed to be connected to a piped water supply, sewerage facilities and electrical service.

MOBILE HOME PARK

A parcel of land, under single ownership, which has been so designated and improved that it contains two or more mobile home lots or sites for the placement thereon of mobile homes.

MULTIFAMILY HOUSING DEVELOPMENT

A building containing three or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a group of such buildings.

NOISE

As set forth in Chapter 196, Noise, Article II, General Noise Regulations.

NURSING HOME

An institution or a distinct part of an institution that is licensed or approved to provide health care under medical supervision for 24 or more consecutive hours for more than two residents who are not related to the governing authority or its members by marriage, blood or adoption.

OFF-SITE AND OFF-TRACT IMPROVEMENTS

Improvements to accommodate conditions generated by a proposed development, including but not limited to new improvements and extensions and modifications of existing improvements. "Off-site" means located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way. "Off-tract" means 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.

PARKING SPACE

A rectangular space used for the parking of motor vehicles.

PATIO HOME (ZERO LOT LINE)

A detached dwelling, or semidetached dwelling that shares no common interior wall, located on the side lot line. The resulting design offers one larger side yard as opposed to two smaller side yards that result in conventional designs where the building is sited toward the center of the lot.

PERMITTED USE

Any use of land or buildings permitted by this chapter.

PRINCIPAL USE

The primary or predominant use of a lot.

PRIVATE SCHOOL

An institution of education whose general course work is comparable to the public school system and whose curriculum is approved by the New Jersey Department of Education or the New Jersey Department of Higher Education.

PROFESSIONAL OFFICE

The office of a dentist, physician, attorney, clergyman, accountant, engineer, architect, professional planner, insurance agent, real estate agent, or other generally recognized professional.

PUBLIC PURPOSE

The use of land and/or buildings by a municipal, county, state or federal agency or authority.

RECYCLING AREA

Space allocated for the collection and storage of source-separated recyclable materials.

RIGHT-OF-WAY

The total width of a street, watercourse, utility alignment or other way, and within, under or over which all improvements and rights of access are confined.

SETBACK LINE

A line parallel to a street line or lot line beyond which a building does not project. The minimum yard requirements shall be the minimum required setbacks. All setbacks from public streets shall be measured from the proposed right-of-way as shown on the adopted Master Plan.

SIGHT TRIANGLE

A triangular area at the quadrants of street intersections where unobstructed visibility is maintained along the intersecting street.

SIGN

Any announcement, display or illustration placed so as to be seen and in view of the general public.

SITE PLAN, MAJOR

Any site plan not classified as a minor site plan.

SITE PLAN, MINOR

Any site plan which is limited to the proposed construction of an accessory building or use, such as a sign or off-street parking area consisting of less than 10 parking spaces, as such accessory uses are specifically permitted in this chapter, and/or improvement of existing outside facilities such as parking and drainage without the expansion of said facilities.

SLOPE

The degree of deviation of a surface from the horizontal, expressed in percent or degree. Slope calculations shall be based on elevation intervals of 10 feet. For example, a deviation of 10 feet in surface elevation within a horizontal or linear distance of 100 feet equates to a ten-percent slope.

STORY

That portion of a building between the surface of any floor and the surface of the floor above it or, if there is no floor above it, then the space between the surface of the floor and the ceiling above it.

STORY, HALF

A space under a sloping roof which has the line of intersection of the roof and wall face not more than three fee above the floor level, and in which space the possible floor area with head room of five feet or less occupies at least 40% of the total floor area of the story directly beneath.

STREET

Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway or which is shown upon a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.

STREET, ARTERIAL

Any street that collects and distributes traffic to and from collector streets and whose routes are intended to provide a high degree of mobility. The principal function of an arterial street is vehicular movement. An arterial is characterized by access control and channelized intersections.

STREET, COLLECTOR

A street that collects traffic from local streets and connects to arterial streets.

STREET, LOCAL

A street which is designed to provide vehicular access to abutting properties and to discourage through traffic.

STREET LINE

The edge of the existing or future street right-of-way, whichever is wider, as shown on an adopted Master Plan or Official Map or as required by this chapter, forming the dividing line between the street and the lot. Where title to land extends into or to the center of a street, the right-of-way line shall nevertheless be deemed to be the street line.

TRACT

One or more lots. Existing streets shall not be included in calculating the area of the tract.

USE

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

USABLE RECREATION SPACE

An open area of land designed for and devoted to recreational purposes, e.g., park land, sports fields, playgrounds, swimming pools, etc.

UTILITY

Services, including but not limited to sewage treatment, water supply, gas, electric, telephone and cable television.

WAREHOUSE

A building used primarily for the storage of goods and materials.

WETLANDS

Those areas as defined by the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 et seq.

YARD

An open space which lies between the principal or accessory building or buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except as provided by this chapter.

A. 

YARD, FRONT

The area extending across the full width of the lot, between any building and the front lot line and measured perpendicular to the building at the closest point to the front lot line.

B. 

YARD, REAR

The open space extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building and the closest point of the rear lot line. The rear yard setback shall be parallel to the rear lot line.

C. 

YARD, SIDE

An open space extending from the front yard to the rear yard from the principal building and the side lot line and measured perpendicular from the side lot line closest to the principal building.

ZONING OFFICER

The administrative officer designated to administer this chapter.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Amended 5-8-2000 by Ord. No. O-7-2000