§ 26-6. DEFINITIONS.

Definitions and Usages. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings herein defined. Whenever a term is used in this chapter which is defined in the MLUL, such term shall have the same meaning as the MLUL. Any word or term not defined below or in the MLUL, shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or the latest edition).

Abutting county road means any existing or proposed county road shown on the adopted County Master Plan or Official Map which adjoins or lies within a lot or parcel of land submitted for subdivision or site plan approval.

Acceleration or deceleration lane means an added roadway lane which permits integration and merging of slower-moving vehicles into the main vehicular stream or slowing down of vehicles.

Access means a physical entrance to property.

Accessory building or structure means a building or structure, the use of which is customarily incidental and subordinate to that of the principal building located on the same lot. When an accessory building is attached in a substantial manner by a wall or roof to a principal building or structure, it shall be considered a part thereof.

Accessory use means a use of land or of a building or structure or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot as the principal use.

Addition means a structure added to the original structure at some time after the completion of the original structure.

Administrative officer means the Zoning Officer of the Borough of Sayreville.

Adverse effect mean the results of development creating, imposing, aggravating or leading to inadequate, impractical, unsafe or unsatisfactory conditions on a site proposed for development or on off-tract property or facilities. Such conditions may relate to circulation, drainage, erosion, potable water, sewage collection and treatment or those factors specifically set forth in Article III.

Agricultural use means the production and cultivation of plant crops, not including the raising of livestock, fowl and fur-bearing animals, and not including retail sales from a roadside stand or other on-premises building.

Aisle means the traveled way by which cars enter and depart parking spaces.

Alteration means any change or rearrangement in the supporting members of an existing building such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows or any enlargement or diminution of a building or structure. "Alteration" shall also mean and include any conversion of a building or a part thereof from one use to another or the moving of a building or structure from one location to another. Alteration shall not be construed to mean any necessary repairs of an existing structure solely for the purpose of maintenance.

Alternative tower structure means man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

Antenna means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves.

Apartment means one (1) or more rooms with a private bath and kitchen facilities comprising an independent, self-contained dwelling unit. See also Dwelling, garden apartment .

Applicant means a developer submitting an application for development.

Application for development means the application form and all accompanying documents required by ordinance for approval of a subdivision plan, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to this Chapter.

Approved plan means a plan which has been granted final approval by the Planning Board or Board of Adjustment of the Borough of Sayreville.

Assisted living facility means a facility which is licensed by the New Jersey State Department of Health to provide housing and congregate dining, and to assure that assisted living services are available when needed, to four (4) or more adult persons unrelated to the proprietor. Such units shall offer, at a minimum, one (1) unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance. "Assisted living" is a level of care between nursing care and independent living and includes a coordinated array of supportive personal and health services, available twenty-four (24) hours per day, to residents who have been assessed to need these services.

Association means the entity responsible for the administration of a condominium, which entity may be incorporated or unincorporated.

Attic means the open non-habitable space between the ceiling beams of the top habitable story and the roof rafters in any building.

Automobile repair means a lot or building used for the repair of automobiles, not including auto sales or dealerships, nor the sale of junked automotive equipment, parts or inoperable motor vehicles or gasoline.

Automobile sales means a lot or building used for the sale or hire of automobiles and including any vehicle preparation or repair work conducted as an accessory use. This shall be interpreted to include new and used car dealerships and auto accessory salesrooms, but neither the sale of junked automotive equipment, parts or inoperable motor vehicles nor auto auctions.

Backhaul network means the lines that connect a provider's towers/cell sites to one (1) or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

Bar means a premises used primarily for the sale or dispensing of liquor by the drink for on-site consumption and where food would be available for consumption on the premises as an accessory use. Package goods may be sold and entertainment provided as accessory to the principal use.

Basement means a space partially below grade level having one-half (½) or more of its floor-to-ceiling height above the average level of the adjoining ground and with a floor-to-ceiling height of not less than six and one-half (6 ½′) feet.

Berm means a mound of earth or the act of pushing earth into a mound.

Bicycle path means a pathway, often paved and separated from streets and sidewalks, designed to be used by bicycles.

Billboard means a sign advertising an occupant, product or service on a lot other than the lot upon which the billboard is located.

Board means the Borough of Sayreville Planning Board when acting within its scope of jurisdiction under this Chapter and/or the MLUL, Zoning Board of Adjustment, or Borough Council.

Board engineer means a New Jersey-licensed professional engineer retained to provide technical advice to the Board.

Boarder means a person other than a member of a family occupying a part of any dwelling unit who, for a consideration, is furnished sleeping accommodations in such dwelling unit and may be furnished meals as part of this consideration.

Borough engineer means that person appointed to the position by Borough Council.

Bridge means a structure designed to convey vehicles and/or pedestrians over a watercourse, railroad, street or any depression.

Buffer means a strip of land containing natural woodlands, berms, or other planted screening materials used to physically separate or screen one use or property from another so as to minimize adverse impacts. No building, parking area, driveway (except to provide access to the property and which is perpendicular to the buffer area) street, sign (except directional sign) or storage of materials shall be permitted in such buffer.

Building means a combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.

Building coverage means the ratio of the horizontal area of all principal and accessory buildings measured from the exterior surface of the exterior walls of the ground floor on a lot to the total lot area.

Building envelope means the two (2) dimensional space within which a principal structure is permitted to be built on a lot and which is defined by minimum yard setbacks.

Building Height . See Height of building.

Building line means a line parallel to the street line or other lot line which touches that part of a building closest to the street line or other lot line. In the case of a cantilevered section of a building, the building line will coincide with the most projected surface.

Cable vision company means a cable television company as defined pursuant to Section 3 of P.L. 1972, c. 186 (C. 48:5A3).

Caliper means the diameter of a tree trunk measured in inches at height of six (6″) inches off the ground.

Canopy means a self-supporting, roof-like shelter or marquee without sides, permanently affixed to the wall of a building and providing overhead protection from the weather at an entrance to said building, which shall be construed to be a part of the building to which it is affixed.

Capital improvement program means a timetable or schedule of all future capital improvements to be carried out during a specific period and listed in order of priority, and may also include cost estimates and the anticipated means of financing each project.

Car Wash, Automatic. Automatic car wash means a building or place of business where the washing of motor vehicles is carried on with the use of a chain or conveyor, blower and water and/or steam cleaning device.

Carport means a roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than three (3) sides.

Cartway means the hard or paved area of a street between the curbs, including travel lanes and parking areas but not including curbs, sidewalks or swales. Where there are no curbs, the "cartway" is that portion between the edges of the paved width.

Cellar means a space with less than one-half (½) of its floor to ceiling height above the average finished grade of the adjoining ground or with a floor-to-ceiling height of less than six and one-half (6 ½) feet.

Certificate of Occupancy (CO) means a document issued by the Construction Official allowing the occupancy or use of a building and certifying that the structure or use has been constructed and/or renovated according to, and in compliance with all the applicable state codes and municipal ordinances and resolutions.

Change of use means any use which substantially differs from the previous use of a building or land involving any of the following:

a.

The addition of parking spaces based upon the parking requirements of this chapter;

b.

A significant increase in the amount of truck deliveries (ten (10) or more) to the property;

c.

A significant change in the hours of operation than the previous use, (a deviation of four (4) or more hours in the morning and (or evening));

d.

The storage or handling of chemicals or hazardous substances;

e.

Proposed changes in intensity of exterior lighting;

f.

Addition of outdoor storage or displays to the property.
A use that does not meet the foregoing criteria can be considered a change of occupancy that does not require site plan approval.

Channel means a watercourse with a definite bed and banks which confine and conduct the normal continuous or intermittent flow of water.

Character means having distinctive qualities, such that attributes or features make up a distinguishable trait or group of traits.

Child care center means an establishment providing for the care, supervision, and protection of children that is licensed by the State of New Jersey pursuant to P.L. 1983, c. 492 (C. 30:5B-1 et seq.).

Circulation means systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.

Common ownership means ownership of two (2) or more contiguous parcels of real property by one (1) person or legal entity. Joint and/or common owners shall be deemed to be one (1) legal entity.

Common water/sewerage means water supply and/or sewage disposal systems, whether privately or publicly owned and operated, that serve two (2) or more dwellings or other buildings.

Community residence for the developmentally disabled means any community residential facility licensed pursuant to P.L. 1977, c. 448 (C. 30:11B-1 et seq.) providing food, shelter, and personal guidance, under such supervision as required, to not more than fifteen (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, half-way houses, intermediate care facilities, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the "Health Care Facilities Planning Act" (P.L. 1971, c. 136; c. 26:2H-1 et seq.). In the case of such community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services.

Community residence for persons with head injuries means a 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 fifteen (15) persons with head injuries, 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, supervised apartment living arrangements and hostels. Such a residence shall not be considered a health care facility within the meaning of the "Health Care Facilities Planning Act," 1971, c. 136.

Community residence for the terminally ill means any community residential facility operated as a hospice program providing food, shelter, personal guidance and health care services, under such supervision as required, for not more than fifteen (15) terminally ill persons.

Community shelter for victims of domestic violence means any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, c. 337 (C. 30:14-1 et seq.) providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than fifteen (15) persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.

Conditional use means a use permitted in a particular zoning district only upon showing that such use in a specified location will comply with the conditions and standards for the location and operation of such use as contained in the zoning ordinance and upon the issuance of an authorization therefor by the Planning Board.

Condominium means the form of ownership of real property under a master deed pursuant to N.J.S.A. 46:8B-1 et seq.

Conference center means a facility used for conferences and seminars, which may include accommodations for sleeping, food preparation and eating, recreation, resource facilities and meeting rooms.

Construction official means the Construction Official or Director of Code Enforcement and Inspection of the Borough of Sayreville, as the case may be, when acting pursuant to the Municipal Land Use Law, this chapter and the New Jersey Uniform Construction Code.

Construction permit means legal authorization for the erection, alteration or extension of a structure.

Contiguous parcels means tracts of land which share one (1) or more common boundaries.

Continuing care retirement community (CCRC) means a development of residential living units exclusively for persons who are sixty-two (62) years of age or older, or for couples, one of whom is at least sixty-two (62) years of age, which provides a continuum of accommodations and care from independent living to assisted living facility to long-term care facility/nursing facility/skilled nursing home and which provides "continuing care" as an integral part of the residential development. Continuing care is the provision of lodging and nursing, medical or other health-related services at the CCRC or at another location to an individual pursuant to an agreement effective for the life of the individual or for a period greater than one (1) year, and, in consideration of the payment of an entrance fee with or without other periodic charges, provided that the person receiving the care is not related to the person who provides the care.

County master plan means a composite of the plan elements for the physical development of Middlesex County, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board.

County planning board means the Middlesex County Planning Board.

Court means any open space, unobstructed from the ground to the sky, that is bounded on two (2) or more sides by the walls of a building.

Cul-de-sac means the turnaround at the end of a dead-end street.

Culvert means a structure under a driveway, road, railroad or pedestrian walk, not incorporated in a closed drainage system.

Curb cut (drop curb) means the opening along the curb line at which point vehicles may enter or leave the roadway.

Cut means a portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface or excavated surface.

Days means calendar days.

Dead-end street means a street or portion of a street which is accessible by a single means of ingress or egress.

Dedication for street purposes means a dedication of land for construction, reconstruction, widening, repairing, maintaining, using or improving a street, public or private, and for the construction, reconstruction or alteration of facilities related to the safety, convenience or carrying capacity of said street, including, but not limited to, curbing, pedestrian walkways, drainage facilities, traffic control devices and utilities in or along road rights-of-way.

Density means the permitted number of dwelling units per gross area of land to be developed.

Detention Basin . See Stormwater detention .

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

Development means the division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure; any mining, excavation, landfill or land disturbances and any use, change in use or extension of use of land for which permission may be required, without limiting the foregoing.

Development, Conventional. Conventional development means development other than planned development.

Development regulation means zoning, subdivision, site plan, official map or other municipal regulation of the use and development of land or amendment thereto adopted and filed pursuant to the Municipal Land Use Law.

Discotheque. See Nightclub .

Dissimilarity. As used herein, shall have the opposite meaning of similarity as defined below.

Diversion channel means a drainage channel constructed across or at the bottom of a slope to divert water.

Drainage means the removal of surface water or groundwater from land by drains, grading or other means and includes controls of runoff during and after construction, or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen non-point pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding.

Driveway means a paved or unpaved area used for ingress or egress of vehicles and allowing access from a street to a lot, building or other structure or facility.

Dry well (seepage pit) means a covered pit with an open jointed lining into which water is piped or directed from roofs, basement floors, other impervious surfaces or swales or pipes to seep or percolate into the surrounding soil.

Dwelling means a structure or portion thereof that is used exclusively for human habitation. "Dwellings" may include but are not limited to the following types:

a.

Detached single-family means a dwelling for one (1) family that is not attached to any other dwelling by any means.

b.

Attached single family/townhouse means a one (1) family dwelling in a row of at least three such attached dwellings in which each dwelling has its own front and rear access to the outside, no dwelling is located over another dwelling and each dwelling is separated from all other attached dwellings by one (1) or more vertical common fire-resistant walls.

c.

Two-family duplex means a building on a single lot containing two (2) dwelling units, each of which is separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.

d.

Garden apartment means three (3) or more dwellings located within a single building, with an entrance to each dwelling by direct access from the outside or through a common hall. "Garden apartments" may include buildings in cooperative or condominium ownership. Also see " dwelling, multi-family. "

e.

Mobile means a structure constructed as a vehicle, containing living quarters with accommodations for sleeping, and which may or may not have built-in sanitary and cooking facilities. It may either move from place to place under its own power or be towed by any other vehicle. It may also be immobilized without changing its character. This term includes habitable trailers, camping trailers and similar habitable devices.

f.

Multi-family means a building containing three (3) or more dwelling units that share common horizontal separations, including garden apartments.

Dwelling unit means one (1) or more rooms designed, occupied or intended for occupancy as separate living quarters with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.

Encroachment, Floodplain. Floodplain encroachment means any obstruction within a delineated floodplain.

Environmental impact assessment means a study to determine the potential direct and indirect effects of a proposed development on the environment.

Erosion means the detachment and movement of soil or rock fragments by water, wind, ice and/or gravity.

Essential services means telephone and electric lines, cable, poles, equipment and structures, water or gas pipes, hydrants, valves, mains or structures or sewer pipes, together with accessories and appurtenances, maintained, operated and conducted for the service, convenience, necessity, health and welfare of the public, not including wireless or cellular communications facilities.

Excavation means removal or recovery by any means whatsoever of minerals, mineral substances or organic substances, other than vegetation, from the water, land surface or beneath the land surface, whether exposed or submerged.

Existing grade means the vertical location of the ground surface prior to excavating or filling.

FAA means the Federal Aviation Administration.

Family means a group of individuals not necessarily related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability.

Family day care home means any private residence approved by the Division of Youth and Family Services or an organization with which the division contracts for family day care in which child care services are regularly provided to no less than three (3) and no more than five (5) children for no less than fifteen (15) hours per week. A child being cared for under the following circumstances is not included in the total number of children receiving child care services:

a.

The child being cared for is legally related to the provider; or

b.

The child is being cared for as part of a cooperative agreement between parents for the care of their children by one (1) or more of the parents, where no payment for the care is being provided.

FCC means the Federal Communications Commission.

Fence means a structure made of posts or stakes, joined together by boards, wire or rails, serving as an enclosure, a barrier or as a boundary.

Fill placement and soil removal means as regulated in Chapter 24-1, Soil and Soil Removal, and 24-2, Fill Placement, of the Borough Ordinances.

Final approval means the official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.

Financial institution means any structure wherein business of primarily a monetary nature is transacted, such as banks, savings and loans associations, mortgage companies and similar institutions.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or the unusual and rapid accumulation or runoff of surface waters from any source.

Flood fringe area means that portion of the flood hazard area outside the floodway, based on the total area inundated during the regulatory base flood plus twenty-five (25%) percent of the regulatory base flood discharge.

Flood hazard area means the floodplain consisting of the floodway and the flood fringe area.

Flood plain means the same as the "flood hazard area," regulated by Chapter 23, Flood Damage Prevention and Protection, of the Borough Ordinances.

Floodway means the channel of a natural stream or river and portions of the flood plain adjoining the channel which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream or river.

Floor Area, Non-Residential. Non-residential flood area means the sum of the area of all floors of buildings measured to the dimensions of the outside walls of the buildings, excluding (1) attic, basement and cellar floor area used solely for storage or utilities; (2) parking garages; (3) open porches, patios, terraces, breezeways, arcades, utility, mechanical and emergency power equipment areas; (4) guard houses; and (5) any open area above the ground floor within an open atrium space.

Floor Area, Residential. Residential floor area means the sum of the gross horizontal areas (including enclosed porches) of the several floors of a building or group of buildings on a lot, measured from the exterior faces of exterior walls or from the center line of a wall separating two (2) buildings, but excluding the following:

a.

Cellars;

b.

Any floors or portions thereof contained on terraces or balconies projecting beyond the exterior face of the building;

c.

Decks;

d.

Attics;

e.

Private garages of less than five hundred (500) square feet (either attached or detached).

Floor area ratio (FAR) means the sum of the floor area of all floors of buildings or structures compared to the total area of the site.

Fly ash means particles of airborne matter, not including process material, arising from the combustion of fuel, such as coal, wood or oil.

Frontage. See Lot, frontage .

Funeral home means a building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation.

Garage, Parking. Parking garage means a building intended for the parking of motor vehicles.

Garage, Private. Private garage means a detached accessory building or a portion of the main building used primarily for the storage of a passenger vehicle or vehicles and not more than one (1) commercial vehicle of a rated capacity not exceeding three-quarter (¾) tons, which commercial vehicle is owned or used by the occupant of the building to which the garage is accessory.

Garage, Public. Public garage means an enclosed building intended for the storage, servicing, or repair of motor vehicles as a business or any facility that is a part of an agency dealing in new or used motor vehicles. A public garage shall not include a car wash or auto detailing facility.

Gasoline service station means a place where gasoline or other motor fuel is offered for sale to the public and deliveries are made directly into motor vehicles and which may provide for minor repairs but shall not include auto body work, welding or painting, nor any repair work outside of the enclosed building.

Governing body means the Mayor and Council of the Borough of Sayreville.

Government agency means any department, commission, independent agency or instrumentality of the United States, the State of New Jersey, and/or any county, municipal or other governmental unit.

Grade, Finished. Finished grade means the final grade or elevation of the ground surface conforming to the proposed design.

Grading means any operation that modifies the existing topography such as cutting, stripping, filling, stockpiling or any combination thereof.

Gym. See Health club .

Ground floor means the first floor of a building other than a cellar or basement.

Hazardous materials means such elements or compounds which, when discharged in any quantity into the environs of air, water or soil, present potential danger to the public health or welfare and vegetation or any forms of wildlife.

Health club means an establishment that provides facilities for aerobic exercise and exercise equipment, including showers, lockers and other accessory uses.

Height of building means the vertical distance from the average finished ground elevation on any side around the foundation of a building or structure to the level of the highest point of the roof surface.

Height of tower means when referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

Home occupation means an occupation or activity carried out for gain by a resident and conducted as a customary, incidental and accessory use in the resident's dwelling unit or other structure located on the lot.

Homeowners' association means a community association, other than a condominium association, that is organized in a development in which individual owners share common interests and responsibilities for costs and upkeep of common open space or facilities.

Hotel, Full-Service or Suite. Full-service or suite hotel means a facility offering transient lodging accommodations to the general public and may provide additional services such as restaurants, meeting rooms, entertainment and recreation facilities, with not less than one hundred forty (140) rooms.

House of worship means a building or structure, or groups of buildings or structures, that by design and construction are primarily intended for conducting organized religious services and associated accessory uses.

Household means a family living together in a single dwelling unit, with common access to and common use of all living and eating areas and all areas and facilities for the preparation and serving of food within the dwelling unit.

Impervious cover means any material which generally reduces or prevents absorption of stormwater into the ground, including but not limited to buildings, parking areas, driveways, sidewalks, paving and patios, but not swimming pools. All required parking areas which are permitted to remain unimproved and all gravel areas shall be considered as impervious surfaces.

Improved lot means a lot upon which exists a structure or building.

Independent living residence means a dwelling unit in a Continuing Care Retirement Community which is unrestricted except as to an age-requirement for occupancy.

Institutional and public uses means non-profit public or quasi-public institutions and uses, such as public and private schools, libraries and municipally-owned or operated buildings, structures or land used for public purposes, not including houses of worship.

Interested party means:

a.

In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey.

b.

In the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the Borough, whose right to use, acquire, or enjoy property is or may be affected by any action taken under this act, or whose rights to use, acquire, or enjoy property under this act, or under any other law of this State or of the United States have been denied, violated or infringed by an action or a failure to act under this act.

Land means and includes improvements and fixtures on, above or below the surface.

Land disturbance means any activity involving the clearing, cutting, excavating, filling, grading and any other activity which causes land to be exposed to the danger of erosion.

Local utility means any sewerage authority created pursuant to the "Sewerage Authorities Law" P.L. 1946, c. 138 (C. 40:14A-1 et seq.); any utilities authority created pursuant to the "municipal and county utilities authority law," P.L. 1957, c. 183 (C. 40:14B-1 et seq.); or any utility, authority, commission, special district or other corporate entity not regulated by the Board of Regulatory Commissioners under Title 48 of the Revised Statutes that provides gas, electricity, heat, power, water or sewer service to a municipality or the residents thereof.

Long term care facility/nursing facility/nursing home means a facility which provides a full range of twenty-four (24) hour direct medical nursing and other health services. Registered nurses, licensed practical nurses and nurses' aides provide services prescribed by a residence physician. It is for those older adults who need health supervision but not hospitalization. The emphasis is on nursing care, but restorative physical occupational speech and respiratory therapies are also provided. This level of care may also include specialized nursing services such as intravenous feeding or medication, tube feeding, injected medication, daily wound care, rehabilitation services and monitoring of unstable conditions.

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

Lot area means the total area within the lot lines of a lot but not including any street rights-of-way.

Lot, Corner. Corner lot means a parcel of land, either at the junction of and abutting on two (2) or more intersecting streets, or abutting a single street at the point where the road tangents deflect by more than forty-five (45°) degrees. The greater frontage of a corner lot is its depth and the lesser frontage is its width.

Lot, Coverage. Coverage lot means that part of one (1) lot or more which is improved or is proposed to be improved with buildings and/or other structures, including but not limited to driveways, parking lots, pedestrian walkways and other man-made improvements on the ground surface which are more impervious than the natural surface, not including privately-owned swimming pools.

Lot depth means the minimum distance between its mean front lot line and its mean rear lot line.

Lot disturbance means all areas disturbed for the purpose of the construction of buildings or other structures on an individual fee simple lot. This total shall include all disturbance including but not limited to building and structure areas, lawns and areas of tree removal.

Lot frontage means the shortest distance between the intersection points of the side lines of a lot with the front street right-of-way line. In the case of corner lots, the frontage shall be measured along the lesser frontage.

Lot, Interior. Interior lot means a lot other than a corner lot.

Lot, Through. Through lot means a lot that fronts upon two (2) parallel streets or that fronts upon two (2) streets that do not intersect at the boundaries of the lot.

Lot line means a line of record bounding a lot that divides one (1) lot from another lot or from a public or private street or any other public space.

Lot Line, Front. Front lot line means the lot line separating a lot from a street right-of-way, also referred to as a "street line." In the case of corner lots, the front lot line shall street line with lesser frontage. In the case of through lots, the front lot line shall be the line on which the primary entrance of the principal building faces.

Lot Line, Rear. Rear lot line means the lot line opposite and most distant from the front lot line, or the point at which the side lot lines meet.

Lot Line, Side. Side lot line means any lot line other than a front or rear lot line.

Lot width means the distance between the side lot lines measured at the front setback line. On corner lots, lot width shall be measured at the front setback line parallel to the lesser frontage.

Maintenance guarantee means any security which may be accepted by a municipality for the maintenance of any improvements required by the Municipal Land Use Law, including but not limited to surety bonds and letters of credit under the circumstances specified in Section 16 of P.L. 1991, c. 256 (C. 40:55D-53.5), and cash.

Major industrial facility means an existing industrial facility possessing greater than one hundred twenty-five thousand (125,000) square feet of gross building area throughout the complex.

Major site plan means a development that:

a.

Does not qualify as a minor site plan and

b.

Involves (1) a building or accessory structure with a gross floor area greater than one thousand (1,000) square feet, and/or (2) a site improvement requiring an area of disturbance greater than one thousand (1,000) square feet.

Major subdivision means any subdivision not classified as a minor subdivision.

Marquee means any hood, canopy, awning or permanent construction that projects from the wall of a building, usually above an entrance.

Master plan means a composite of one (1) or more written or graphic proposals for the development of the Borough of Sayreville as set forth in and adopted pursuant to N.J.S.A. 40:55D-28 et seq.

Mayor means the chief executive of the Borough.

Minor site plan means a development:

a.

Not involving adverse development impacts upon surrounding properties or streets, planned development, any new street or the extension of any off-tract improvement, and

b.

Involving (a) a building or accessory structure with a gross floor area not exceeding ten (10%) percent of the gross floor area of the existing principal building or one thousand (1,000) square feet, whichever is less, and/or (b) a site improvement requiring an area of disturbance of one thousand (1,000) square feet or less, and/or (c) the addition of parking spaces not exceeding ten (10%) percent of the number of existing spaces, or five (5) new parking spaces, whichever is less.

c.

Further, recognizing the existence of major industrial facilities within the Borough, the Board may classify a proposed development within such a complex as a minor site plan if such development is clearly consistent with the existing character and nature of the development and does not require any variances or waivers from this chapter. Application and escrow fees for major site plans still apply in this case.

Minor subdivision means any subdivision containing not more than three (3) lots and which does not involve: a planned development; any new street; or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.

MLUL means the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

Municipal agency means the Planning Board, Board of Adjustment or the Mayor and Council when acting pursuant to the Municipal Land Use Law.

Municipal land use law means N.J.S.A. 40:55D-1 through 55D-92, as amended.

Municipal use means any governmental use made by the Borough of Sayreville of property owned or leased by it or legally under its control by easement, license or otherwise.

Neighborhood means and includes the entire area which is situated within three hundred (300′) feet of the property lines of the proposed development.

Nightclub means an establishment dispensing liquor and/or food and in which music, dancing or entertainment is conducted as a primary activity.

Non-conforming lot means a lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

Non-conforming sign means any sign lawfully existing on the effective date of an ordinance or any amendment thereto, that renders such sign non-conforming because it does not conform to all the standards and regulations of such ordinance.

Non-conforming structure means a structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment to 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.

Non-conforming use means a use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

Nursing Facility/Nursing Home. See Long term care facility .

Obligor means any individual, firm, association, corporation or any other legal entity and shall include the owner or subdivider, or both, as may be required by the Borough. The "obligor" shall be responsible for posting and executing any required performance guaranty.

Official map means a map adapted by ordinance pursuant to Article § of P.L. 1975, c. 291 (C. 40:55D-32).

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 a 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.

On-site means located on the lot in question.

On-tract means located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

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

Open Space, Common. Common open space means an open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

Open Space, Public. Public open space means an open space area conveyed or otherwise dedicated to a Municipality, Municipal Agency, Board of Education, State or County agency, or other public body for recreational or conservation uses.

Parking Area, Private. Private parking area means any open area, including parking spaces and aisles, providing direct access thereto, used for the temporary storage of automobiles and other permitted vehicles for the private use of the owners or occupants of the lot on which the area is located.

Parking Area, Public. Public parking area means any open area, other than a street or other public way, including parking spaces and access aisles, providing direct access thereto, used for the temporary storage of automobiles and other permitted vehicles and available to the public, with or without compensation, or as an accommodation for clients, customers and employees.

Parking facility means any public or private parking area or garage.

Parking space means a space for the off-street parking of one (1) operable, licensed motor vehicle within a public or private parking area.

Party immediately concerned means, for purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under subsection 26-12.3 b. below.

Patio means a level, surfaced area directly adjacent to a principal building at or within one and one-half (1-½′) feet of the finished grade, not covered by a permanent roof.

Performance guarantee means any security which may be accepted by the Borough, including cash, provided that a municipality shall not require more than ten (10%) percent of the total performance guarantee in cash.

Performance standards means standards (1) adopted by ordinance pursuant to N.J.S.A. 40:55D-65d regulating noise levels, glare, skyglow, earthborn or sonic vibrations, heat, radiation, television or radio waves, noxious odors, toxic materials, explosive and inflammable materials, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the Borough or (2) required by applicable Federal or State laws or municipal ordinances.

Permit means a certificate issued to perform work under this chapter.

Person means a corporation, company, association, society, firm, partnership or joint-stock company, as well as an individual, the State and all political subdivisions of the State or any agency or instrumentality thereof.

Planned Commercial Development (PCD) . An area with a minimum contiguous or noncontiguous acreage of one hundred (100) acres to be developed according to a plan as a single entity containing one (1) or more structures with appurtenant common areas to accommodate commercial or office uses or both and any residential and other uses as may be permitted by this ordinance or by an applicable redevelopment plan. Where a project or project component could fall within the definition of a planned commercial development and also either a planned unit development (PUD) or a planned unit residential development (PRD), it shall be deemed to be a planned commercial development in its entirety.

Plat means a map or maps of a subdivision or site plan.

Plat, Final. Final plat means the final map of all or a portion of a subdivision or site plan which is presented to the Planning Board for final approval in accordance with this chapter.

Plat, Preliminary. Preliminary plat means the preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the Planning Board for consideration and preliminary approval.

Porch means a roofed open area, which may be screened, usually attached to or part of and having direct access to and from a building.

Pre-existing towers and pre-existing antennas means any tower or antenna for which a building permit has been properly issued or development approval has been properly granted prior to the effective date of the ordinance codified in this chapter, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

Preliminary approval means the conferral of certain rights, pursuant to Section 26-68, prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.

Preliminary floor plans and elevations means 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.

Principal building means a building in which is conducted the main use of the lot.

Public utility means a facility with the primary function of generating, creating or harnessing natural or man-made energy for essential services use or distribution off-site, including electrical sub- and switching stations, or the disposal or treatment of water or wastes, not including service yards or storage and treatment yards and facilities or wireless telecommunications facilities.

Quorum means a majority of the full authorized membership of a municipal agency.

Recreation, Active Outdoor. Active outdoor recreation means facilities for leisure time activities which require equipment and take place at prescribed places, sites or fields, including but not limited to swimming, tennis, and or other court games, other field sports, running, jogging, water sports and playground activities.

Recreation facility means a place where sports, leisure time activities and customary and usual recreational activities are carried out.

Recreation Facility, Personal. Personal recreation facility means an accessory use located on the same lot as the principal permitted use and designed to be used primarily for the occupants of the principal use and their guests.

Recreation Facility, Private. Private recreation facility means facilities operated by a private organization and open only to bona fide members and guests of such organization.

Recreation Facility, Public. Public recreation facility means facilities operated by the Borough, County or other governmental agency.

Recreation, Passive Outdoor. Passive outdoor recreation means facilities for activities that involve relatively inactive endeavors, including but not limited to, walking, sitting, picnicking outdoor table games. Passive outdoor recreational facilities may also include open areas suitable for nature walks and for scenic observations.

Recreational vehicle means a vehicle without permanent foundation that can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational, camping and travel use.

Research laboratory means a facility limited to laboratories engaged in scientific investigation, testing or the production of factual information for industrial, commercial or institutional clients.

Residential density means the number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.

Restaurant means an establishment where food and drink are prepared and/or served and consumed at tables within the principal building without facilities for drive-thru order and for drive-thru pick up.

Restaurant, Drive-In. Drive-in restaurant means an establishment where food and drink are primarily prepared for consumption outside of the principal building, either on-site or off-site. There is generally no interior seating in such a facility.

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

Retail sales and service means establishments engaged in selling goods, merchandise or services to the general public for personal, household or business use, not including the sale or rental of transportables, sexually-oriented businesses as defined in Title 2C of the New Jersey Criminal Code, as amended, junk or scrap yards, petroleum and propane bulk stations or sale of used automotive parts.

Satellite dish means an apparatus capable of transmitting and/or receiving signals from geostationary orbital satellites, also known as a satellite earth station.

School means any building or part thereof which is designed, constructed or used for education of students up to and through the secondary level and licensed by the State of New Jersey, Board of Education.

Senior citizen means a head of a household who is sixty-two (62) years of age or older.

Senior housing means housing that is located and designed to meet the special needs and accommodate the changing living arrangements of senior citizens.

Setback line means that line to which a building must be set back from the property line.

Sight triangle means a triangular shaped portion of land established at intersections in accordance with the requirements of this chapter in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to limit or obstruct sight distance of motorists entering or leaving the intersection.

Sign means any device, fixture, placard or structure that uses color, form, picture, display, graphic, illumination, symbol or writing to advertise, attract attention to, announce the purpose of, or identify a person, entity or thing, or to communicate any information to the public.

Sign, advertising. Advertising sign means a sign maintained which advertises or otherwise directs attention to a use, business, products, commodity, service, activity or entertainment manufactured, conducted, sold or offered elsewhere than on the premises where such sign is located.

Sign, Building. Building sign means any sign attached below the roof line to any part of a building. Building signs include window signs and canopy signs.

Sign, Canopy. Canopy sign means any sign on, or attached to, an awning, marquee, or canopy, fixed or movable, projecting from a building.

Sign, Freestanding. Freestanding sign means any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.

Sign, Window. Window sign means any sign that is placed within a window or upon the window panes or glass and is visible from the exterior of the window.

Sign, Window, Permanent. Permanent window sign means any window sign that is painted directly on the window glass with permanent paint, or that is mounted by bolts or screw, or otherwise in a permanent fashion, on a permanent structure.

Sign, Window, Temporary. Temporary window sign means any window sign that is not a permanent window sign.

Similarity. The quality or state of resembling each other, having a marked likeness in development, having characteristics of being mistaken for each other.

Site means any plot or parcel of land or combination of contiguous lots or parcels of land.

Site plan means 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, flood plains, wetlands and waterways.

b.

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

c.

Any other information that may be reasonably required in order to make an informed determination pursuant to this chapter by the Planning Board.

Soil means all unconsolidated mineral and organic material of whatever origin that overlies bedrock and which can be readily excavated.

Soil conservation district means the Freehold Soil Conservation District.

Soil erosion and sediment control plan means a plan which indicates necessary land treatment measures, including a schedule for installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be at least equivalent to the standards and specifications as adopted by the Freehold Soil Conservation District.

Storage means the keeping or placing of goods, wares, materials, merchandise or equipment in a warehouse or other structure or in any open space.

Storage shed means an accessory building used for the storage of items such as, but not limited to, tools, lawn and garden equipment and furniture, and similar items of personal property belonging to the occupant or owner of the principal structure.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

Story, Half. Half story means a space under a sloping roof that has the line of intersection of the roof decking and wall face not more than three (3′) feet above the top floor level and in which space the possible floor area with a headroom of five (5′) feet or less occupies at least forty (40%) percent of the total floor area of the story directly beneath.

Stream means a watercourse having a source, terminus, banks and channel through which waters flow at least periodically.

Street means a street, avenue, boulevard, road, parkway, viaduct, drive or other way:

a.

Which is an existing state, county or municipal roadway; or

b.

Which is shown upon a plat heretofore approved pursuant to law; or

c.

Which is approved by official action as provided by this chapter; or

d.

Which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, "street" shall be classified as follows:

Street, Collector. Collector street means a street that collects traffic from local streets and connects with major and minor arterials and so designated in the duly adopted Borough Master Plan.

Street, Cul-De-Sac. Cul-de-sac street means a street with a single common ingress and egress with a turnaround at the end.

Street, Local. Local street means a street intended primarily for access to individual properties and designed for local traffic and so designated in the duly adopted Borough Master Plan.

Street, Major Arterial. Major arterial street means any street or road intended to carry large traffic volumes at steady speeds through the Borough and so designated in the duly adopted Borough Master Plan.

Street, Service. Service street means a street running parallel to a freeway or major arterial and serving abutting properties.

Structure means 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.

Subdivision means 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 chapter, if no new streets are created:

a.

Divisions of property by testamentary or intestate provisions;

b.

Divisions of property upon court order, including but not limited to judgments of foreclosure;

c.

Consolidation of existing lots by deed or other recorded instrument;

d.

The conveyance of one (1) or more adjoining lots, tracts or parcels of land, owned by the same person or persons, and all of which are found and certified by the Administrative Officer to conform to the requirements of this chapter and are shown and designated as separate lots, tracts or parcels on the Tax Map or Atlas of the Borough.

The term "subdivision" shall also include the term "resubdivision."

Substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty (50%) percent of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes 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 affects the external dimensions of the structure. The term does not, however, include either 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 any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

Swimming Pool, Private. Private swimming pool means an artificial basin or other structure for the holding of water, constructed on residential premises for the sole use of the occupant of the premises, his family and guests, for wading, swimming, diving or other aquatic sports and recreation. The term "swimming pool" shall not include any plastic, canvas, rubber or other small receptacle temporarily erected on the ground and which holds less than five hundred (500) gallons of water.

Tavern. See Bar .

Theater, Indoor. Indoor theater means a facility used for viewing of live performances and/or films.

Theme means containing a specific topic, quality, characteristic or design representation which the development is designed upon.

Topographical maps means maps maintained by the Borough Engineer's office depicting the topography of the Borough, in accordance with Chapter 25, Topographical Maps, of the Borough Ordinances.

Topsoil means the surface soil and soil material to a depth of six (6″) inches tillage, its equivalent in cultivated soil or the original or present "A" horizon plus "B" horizon (if in top six (6″) inches), as defined by the National Cooperative Soil Survey of the United States Department of Agriculture, before its removal or displacements for any purposes whatsoever. "Topsoil" shall be capable of supporting vegetation indigenous to the area.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, wireless telecommunications towers, alternative tower structures, and the like; it also includes the structure and any support thereto.

a.

Lattice tower means a lattice shaped steel structure held in place by a concrete foundation upon which antennas are mounted.

b.

Guyed tower means any steel structure upon which antennas are mounted which is supported by steel cables.

c.

Monopole tower means a steel structure which itself acts as an antenna.

Tract means property which is the subject of a development application.

Tract disturbance means all tract disturbance not associated with individual lots including areas disturbed for roadways and drainage systems.

Trailer means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle.

Transportable means a prefabricated container, trailer or converted or altered vehicle structure used or intended for use as temporary or permanent storage or occupation-site. The term "transportable" shall not include prefabricated sheds for use on residential properties. Transportable shall include emergency temporary residential transportables, temporary construction site trailers and temporary storage transportables.

Tree save plan means a plan in compliance with the requirements of Chapter 30 of the Borough Ordinances, Tree Conservation and Reforestation.

Trespass lighting means any form of artificial illumination emanating from a light fixture or illuminated sign that penetrates other property.

Use means the purpose or activity for which land or buildings are arranged, designed or intended or for which land or buildings are occupied or maintained.

Use, Principal. Principal use means the main or primary activity of any lot or parcel.

Variance means permission to depart from the literal requirements of Article IV of the Land Development Ordinance.

Vehicular sales area means an open area, other than a right-of-way or public parking area, used for display, sale or rental of new or used vehicles in operable condition and where no repair work is done.

Waiver means permission to depart from the literal requirements of the Land Development Ordinance, except deviations from Article IV, which require a variance.

Wall means a solid, vertical structure of wood, masonry or other material serving to enclose, divide or protect an area.

Water bodies means any natural or artificial collection of water, whether permanent or temporary.

Watercourse means any natural or artificial watercourse, stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel, bed and banks, and shall include any area adjacent thereto subject to inundation by reason of overflow or floodwater.

Wholesale sales and services means establishments or places of business primarily engaged in selling merchandise to retailers; industrial, commercial, institutional or professional business users; other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies, not including the sale of used automotive parts, junk and scrap yards or petroleum and propane bulk stations or terminals.

Wireless telecommunications facility means an unmanned telecommunications facility providing point to point communication services, generally consisting of antennae mounted on either an existing structure or tower and an associated structure housing radio equipment.

Yard means an open space that lies between the principal building or buildings and the nearest lot line. The minimum required yard as set forth in this Land Development Ordinance shall be unoccupied and unobstructed from the ground upward except as provided within this chapter.

Yard, Front. Front yard means a space extending the full width of the lot between any building and the front lot line and measured perpendicular to the building at its closest point to the front lot line. Said "front yard" shall be unoccupied and unobstructed from the ground upward, except as may be permitted elsewhere in this chapter.

Yard, Rear. Rear yard means a space extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building at its closest point to the rear lot line. Said "rear yard" shall be unoccupied and unobstructed from the ground upward, except as may be permitted elsewhere in this chapter.

Yard, Side. Side yard means a space extending from the front yard to the rear yard between the principal building and the side lot line.

Zoning permit means a document signed by the Zoning Officer:

a.

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.

b.

Which acknowledges that such use, structure or building complies with the provision of the Borough Land Development Ordinance or variance therefrom was duly authorized by the appropriate agency of the Borough pursuant to N.J.S.A. 40:55D-60 and 40:55D-70.

(Ord. #637-99)

(Ord. No. 213-13, § 1, 4-8-2013)