Data For Informational Use Only Got it!

MapLink™ | Definitions

Hello! Content on this website is provided as a convenience and is for informational use only. Be sure to review the Terms of Use for all of the details related to your use of this website.
Accept
ABANDONMENT
The relinquishment of property, or a cessation of the use of property, by the owner or lessee for a period of 12 or more consecutive months.
ABUT
To physically touch or border upon; or to share a common property line but not overlap. (See also "contiguous.")
ACCESS
A way or means of approach to provide vehicular or pedestrian physical entrance to a property. (See also "driveway.")
ACCESSORY APARTMENT
A self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance, which is created within an existing home, or through the conversion of an existing accessory structure on the same site, or by an addition to an existing home or accessory building, or by the construction of a new accessory structure on the same site.
ACCESSORY BUILDING
A building detached from and subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal building. (See "accessory structure" and "accessory use.")
ACCESSORY STRUCTURE
A structure detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use. (See also "accessory building" and "accessory use.")
ACCESSORY USE
A use of land or of a building or structure or portion thereof customarily incidental and subordinate to the principal use of the land, building or structure and located on the same lot as the principal use. (See also "accessory building" and "accessory structure.")
ACT
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.).
ADAPTABLE
Constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
ADDITION
An extension or increase in floor area or height to an existing building or structure.
ADJOINING LOT OR LAND
A lot or parcel of land that shares all or part of a common lot line with another lot or parcel of land.
ADMINISTRATIVE AGENT
The entity responsible for the administration of affordable units in accordance with this chapter, N.J.A.C. 5:96, N.J.A.C. 5:97 and N.J.A.C. 5:80-26.1 et seq.
ADMINISTRATIVE OFFICER
The Zoning Officer of the Borough of Prospect Park.
AFFIRMATIVE MARKETING
A regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
AFFORDABILITY AVERAGE
The average percentage of median income at which restricted units in an affordable housing development are affordable to low- and moderate-income households.
AFFORDABLE
A sales price or rent within the means of a low- or moderate-income household as defined in N.J.A.C. 5:97-9; in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented, and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended and supplemented.
AFFORDABLE DEVELOPMENT
A housing development all or a portion of which consists of restricted units.
AFFORDABLE HOUSING DEVELOPMENT
A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable development.
AFFORDABLE HOUSING DEVELOPMENT
A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable development.
AFFORDABLE HOUSING PROGRAM(S)
Any mechanism in a municipal fair share plan prepared or implemented to address a municipality's fair share obligation.
AFFORDABLE UNIT
A housing unit proposed or created pursuant to the Act, credited pursuant to N.J.A.C. 5:97-4, and/or funded through an affordable housing trust fund.
AGENCY
The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
AGE-RESTRICTED UNIT
A housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that:
A. All the residents of the development where the unit is situated are 62 years or older; or
B. At least 80% of the units are occupied by one person that is 55 years or older; or
C. The development has been designated by the Secretary of the U.S. Department of Housing and Urban Development as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
AH ZONE
Areas subject to inundation by 1% annual chance shallow flooding (usually areas of ponding) where average depths are between one foot and three feet. Base flood elevations (BFEs) derived from detailed hydraulic analyses are shown in this zone.
AISLE or PARKING AISLE
The traveled way by which cars enter and depart parking spaces.
ALLEY
A service roadway providing a secondary means of access to abutting property and not intended for general circulation.
ALTERATIONS
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, windows, means of ingress or egress, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another. Normal repairs and maintenance shall not be considered as alterations.
AMATEUR RADIO OR TV TOWER
A structure utilized by a single homeowner to send and/or receive radio and/or television communications.
AMENDMENT, ZONING
See "zoning amendment or Zoning Map amendment."
ANTENNA, RADIO AND TV
Antenna used by homeowners to receive radio or television communications.
AO ZONE
Areas subject to inundation by 1% annual chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one foot and three feet.
APARTMENT
An independent, self-contained dwelling unit with its own sleeping, sanitary and cooking facilities in a building containing two or more such dwelling units or more than one use.
APARTMENT HOUSE
A building containing three or more apartments or two apartments in the same building with another principal use, including common areas restricted to the use of residents such as laundry rooms, administrative offices, computer rooms, common rooms, vending machines and health clubs restricted to the use of residents.
APPEAL
A request for a review of the Borough Engineer's interpretation of any provision of this article or a request for a variance.
APPLICANT
A person submitting an application for development. (See also "developer.")
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents and exhibits required of an applicant by an approving agency for development review purposes.
APPROVED PLAN
A plan that has been granted final approval by the appropriate approving agency.
APPROVING AGENCY
The board or other legally designated individual or agency that has been charged with the review and approval of plans and/or applications.
ARCHITECTURAL ELEVATION
A fully dimensioned drawing of the front, rear or side of a building showing features such as windows, doors and relationship of grade to floor level.
AREA OF SHALLOW FLOODING
A designated AO or AH Zone on a community's Flood Insurance Rate Map (FIRM) with a 1% annual or greater chance of flooding to an average depth of one feet to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD
Land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. It is shown on the FIRM as Zone V, VE, VI-30, A, AO, A1-A30, AE, A99, or AH.
AS-BUILT PLAN
A plan drawn by a professional engineer or registered architect to scale showing the exact layout and dimensions of an existing completed structure or building.
ASSISTED LIVING FACILITY
Residences for the frail elderly that provide rooms, meals, personal care and the supervision of self-administered medication and may, in addition, provide recreational activities, financial services and transportation for the residents.
ASSISTED LIVING RESIDENCE
A facility licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor and that offers units containing, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.
ATTACHED SINGLE-FAMILY DWELLING
See "row house."
ATTIC
That part of a building which is immediately below, and wholly or partly within, the roof framing.
ATTIC STORY
An attic having, within its space, possible floor area with headroom of five feet or greater over 60% or more of the story directly beneath.
AUDIO, RADIO, VIDEO AND TELEVISION STATION AND STUDIO
A building or portion thereof utilized to produce audio, radio, video or television programs.
AUTOMATIC TELLER MACHINE
Any establishment or device whose purpose is the performance of financial transactions to a customer without the aid of a teller.
AUTOMOBILE
A self-propelled, free-moving vehicle with four wheels, usually used to transport not more than six passengers, and licensed by an appropriate agency as a passenger vehicle.
AUTOMOBILE AND/OR TRUCK BODY REPAIR SHOP
An establishment engaged in the repair, service, maintenance or painting of an automobile and/or truck body, but not wrecking or salvage.
AUTOMOBILE HAND WASH
An establishment wherein the washing of automobiles is performed predominantly by hand, without the use of automated or mechanical equipment.
AUTOMOBILE OR CAR WASH
An establishment wherein automated and/or mechanical equipment is predominantly utilized for the washing of automobiles.
AUTOMOBILE PARTS AND SUPPLY STORE
A retail store whose business is the sale of automobile parts and supplies only, and which does not include any repair, service or installation, no matter how minor or infrequent.
AUTOMOBILE REPAIR SHOP
An establishment engaged in furnishing automobile repair, service or maintenance, but not including body work or painting.
AUTOMOBILE STORAGE YARD
An establishment whose principal use is the storage of automobiles. Space utilized for the storage of automobiles shall not be considered parking spaces within the meaning of this chapter.
AUTOMOBILE SUPPLY AND SERVICE STORE
A retail store whose primary business is the sale of automobile parts and supplies, and which provides for the service or installation of such parts on the premises as an accessory use.
AWNING or CANOPY
A roof-like cover made of canvas or similar material that permanently projects from the wall of a building for the purpose of shielding a doorway or window from the elements, not including a marquee. In residential districts, awnings and canopies shall be deemed structural projections.
AWNING OR CANOPY, RETRACTABLE
See "retractable awning or canopy."
BANK
A business establishment authorized to perform financial transactions such as receiving and lending money, but not including check cashing stores or pawnshops.
BANK, DRIVE-THROUGH
See "drive-through bank."
BANK, DRIVE-THRU
See "drive-through bank."
BANQUET OR CATERING FACILITY
An establishment which serves food and drink and provides entertainment to paying customers and their invited guests on weddings, bar mitzvahs, birthdays and other similar occasions.
BAR
An establishment used primarily for the serving of liquor by the drink to the general public.
BASE FLOOD
The flood having a 1% chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION (BFE)
The flood elevation shown on a published Flood Insurance Study (FIS) including the Flood Insurance Rate Map (FIRM). For Zones AE, AH, AO, and A1-30, the elevation represents the water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year.
BASEMENT
Any area of the building having its floor subgrade (below ground level) on all sides.
BASEMENT
A story partly underground but having at least 1/2 of its clear height above the average level of the adjoining finished grade. A basement shall be counted as a story if its ceiling is four or more feet above the average finished grade at its perimeter.
BEDROOM
A private room intended or used for sleeping separate from other rooms by a door or other physical barrier.
BERM
A mound of earth used to shield, screen and buffer undesirable views.
BEST AVAILABLE FLOOD HAZARD DATA
The most recent available preliminary flood risk guidance FEMA has provided. The best available flood hazard data may be depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps or Preliminary FIS and FIRM.
BEST AVAILABLE FLOOD HAZARD DATA ELEVATION
The most recent available preliminary flood elevation guidance FEMA has provided. The best available flood hazard data elevation may be depicted on an Advisory Flood Hazard Area Map, Work Map or Preliminary FIS and FIRM.
BILLBOARD
A sign that directs attention to a business, commodity, service or entertainment conducted, offered or sold at a location other than the premises on which the sign is located.
BLOCK
That property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets or nearest intersecting or intercepting street or railroad right-of-way, park boundary or waterway.
BOARDER
An individual other than a member of a family or household occupying a dwelling unit or part thereof who is furnished sleeping accommodations for a fee and may be furnished with meals and/or other services as part of the consideration.
BOARDING-, LODGING OR ROOMING HOUSE
A dwelling or part thereof in which lodging is provided by the owner or operator to more than one boarder.
BOROUGH
The Borough of Prospect Park.
BOROUGH CLERK
The Clerk of the Borough of Prospect Park.
BOROUGH COUNCIL
The Borough Council of the Borough of Prospect Park.
BOUNDARY
The border or outer physical limit of a lot or property.
BREAKAWAY WALL
A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
BUFFER or BUFFER AREA
An open space or landscaped area consisting of trees, shrubs, berms, walls, solid fencing or a combination of all, so installed as to provide both a visual and an acoustical barrier between one use or property and another use or property. Within the Q-MR-1 and Q-MR-2 Districts, the buffer area shall remain undisturbed except where allowed by ordinance.
BUILDING
Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind. Structures divided by unpierced masonry division walls extending from the ground to the roof shall be deemed to be separate buildings.
BUILDING AREA
The total of areas, taken on a horizontal plane at the main grade level, of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.
BUILDING COVERAGE
The total of areas, taken on a horizontal plane at the main grade level, of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.
BUILDING HEIGHT
See "height of building."
BUILDING LINE
A line parallel to the front line and removed from it by the depth of the required front yard.
BUILDING PERMIT
Written permission or authorization issued by the Zoning Officer for the construction, repair, alteration or addition to a structure or building, or the alteration of a lot or land.
BUILDING SETBACK LINE
A line parallel to the street line or lot line touching that part of the building closest to that street line or lot line.
BUILDING, ACCESSORY
See "accessory building."
BUILDING, HISTORIC
See "historic or landmark site."
BUILDING, PRINCIPAL
See "principal building."
CABARET or NIGHTCLUB
Any room, place, space or premises operated as a commercial establishment in which eating and/or drinking may take place and in which there is also provided entertainment. Such entertainment may include music by a live musician or musicians, or any mechanical, electronic or other means, such as records, laser discs, audio or videotapes or other audio or audiovisual means; this does include the operation of a motion-picture theater. Also included as entertainment are any act, play, burlesque show, revue, pantomime, scene, dance act or song-and-dance act participated in by one or more employees, guests, customers or any other person or persons. For the purpose of this definition, background piped-in music shall not be deemed as a form of entertainment.
CAFRA CENTERS, CORES OR NODES
Those areas within boundaries accepted by the Department pursuant to N.J.A.C. 7:8E-5B. (See now N.J.A.C. 7:7-13.)
CAFRA PLANNING MAP
The geographic depiction of the boundaries for Coastal Planning Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C. 7:7E-5B.3. (See now N.J.A.C. 7:7-13.16.)
CALIPER
The diameter of a tree trunk as measured from six inches above ground level for trees up to four inches in diameter, and 12 inches above ground level for trunks of trees with diameters in excess of four inches.
CANOPY
See "awning or canopy."
CANOPY SIGN
See "sign, canopy."
CAR WASH
See "automobile or car wash."
CARNIVAL
A temporary enterprise offering amusements, entertainment, exhibitions, foods, contests and livestock exhibits, with or without the payment of a fee, admission or subscription. A carnival may also include a fair, rodeo, tent park, amusement trailer center or other similar appellations.
CARPORT
A roofed structure providing space for the parking of motor vehicles and enclosed on two sides or less.
CATERING FACILITY
See "banquet or catering facility."
CELLAR
A story partly underground and having more than 1/2 of its clear height below the average level of the adjoining finished grade or having less than four feet of clear height above the average level of the adjoining finished grade.
CERTIFICATE OF COMPLIANCE
A document certifying that premises are in compliance with Borough ordinances entitled "Housing Standards," Chapter 221, and "Zoning," Chapter 235.
CERTIFICATE OF OCCUPANCY
A document certifying that premises are in conformance with Borough ordinances entitled "Zoning," Chapter 235, and "Construction Codes, Uniform," Chapter 146.
CERTIFICATE OF OCCUPANCY
The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), and regulations adopted pursuant thereto.
CERTIFIED HOUSEHOLD
A household that has been certified by an administrative agent as a low-income household or moderate-income household.
CHANGE OF USE
Any use which is different in use classification, as provided for in Part 6, Zoning, of this chapter, from the previous use.
CHARGING LEVEL
The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:
A. Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt AC circuit.
B. Level 2 operates on a forty- to 100-amp breaker on a 208- or 240-volt AC circuit.
C. Direct-current fast charger (DCFC) operates on a sixty-amp or higher breaker on a 480-volt or higher three-phase circuit with special grounding equipment. DCFC stations can also be referred to as "rapid charging stations" that are typically characterized by industrial-grade electrical outlets that allow for faster recharging of electric vehicles.
CHECK CASHING STORE
An establishment primarily engaged in the business of cashing of checks for individuals and not offering the full range of financial services normally associated with a bank.
CHILD-CARE CENTER
A facility licensed or authorized and regulated by the State of New Jersey where care is provided for three or more persons, whether children or adults, away from their own homes for less than 24 hours per day in a facility which is operated for such purposes, for more than five hours per week. The term "day-care center" shall include, without limitation, qualifying facilities that provide adult day health care or child day care.
CHURCH
See "place of worship."
CIVIC USE
A nongovernmental use whose affairs relate to the Borough or its citizens, but not including government or municipal uses as defined herein.
CLINIC, MEDICAL OR DENTAL
See "medical or dental clinic."
CLUB
A group of people organized for a common purpose to pursue common goals, interests, or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and bylaws.
CLUSTER DEVELOPMENT
A form of development that allows the permitted maximum number of dwelling units or gross floor area to be provided on a portion of a lot or property by reducing the applicable dimensional requirements, with the remaining portion of the lot or property devoted solely to open space, active recreation or preservation of environmentally sensitive or constrained areas.
COAH
The Council on Affordable Housing, which is in, but not of, the Department of Community Affairs of the State of New Jersey, that was established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).
COAH or THE COUNCIL
The New Jersey Council on Affordable Housing established under the Act which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the state.
COLLECTOR STREET
A street that collects traffic from local streets and connects minor and major arterials. (See also "local street" and "minor arterial street.")
COMMERCIAL KENNEL
A commercial establishment in which dogs or domesticated animals are housed, groomed, bred, boarded, trained or sold, all for a fee or compensation.
COMMERCIAL RECREATION USE, INDOOR
See "indoor commercial recreation use."
COMMERCIAL SCHOOL
An educational or training establishment operated for a business, including the instruction of language, dance, fine or applied arts, martial arts, business, computers, trades, vocations, or the like.
COMMERCIAL VEHICLE
Any motor vehicle licensed by the state as a commercial vehicle.
COMMON OPEN SPACE
An open space within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
COMMUNITY CENTER
A building used for neighborhood meetings and recreational activities, whether or not on the basis of fees or charges, and exclusive of a building accessory to a church or religious organization.
COMPACTION
The increase in soil bulk density.
CONCEPT PLAN
A plan or sketch for development provided for the purposes of informal review which carries no legal obligations or vested rights on the applicant, the approving agency or any other party.
CONCEPT REVIEW
See "informal review or concept review."
CONDOMINIUM
A building or group of buildings in which dwelling units, offices, or floor area are owned individually and the structure, common areas and facilities are owned by the owners on a proportional, undivided basis.
CONDOMINIUM-STYLE RESIDENTIAL FLATS
An apartment house dwelling unit which has one habitable floor and which has one means of egress.
CONFORMING APPLICATION OR PLAN
An application or plan which meets all of the requirements of this chapter and other applicable requirements of the Code of the Borough of Prospect Park.
CONGREGATE CARE FACILITY
A facility for ambulatory elderly residents consisting of apartment units with communal dining facilities and services such as housekeeping, organized social and recreational activities, transportation services and other support services appropriate for the residents.
CONTIGUOUS
Next to, abutting or touching and having a boundary or portion thereof that is coterminous. (See also "abut.")
CONVENIENCE STORE
A retail establishment offering for sale prepackaged food products, household items, newspapers and magazines, and sandwiches and other freshly prepared foods for off-site consumption.
CORE
A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
CORNER LOT
A parcel of land at the junction of and fronting on two or more intersecting streets, which meet or intersect so as to form an interior angle of 135°. (See also "interior lot" and "lot, through.")
COUNTY
The County of Passaic of the State of New Jersey.
COUNTY REVIEW AGENCY
An agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
A. A county planning agency; or
B. A county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.
COURT or COURTYARD
An open, unoccupied space bounded on at least two opposing sides by a building wall, but not a front, side or rear yard. An outer court is a court which has one side facing a street, a front yard or a rear yard and which is surrounded on all other sides by building walls and/or side lot lines. Any other court is an inner court. An offset to a court shall be deemed a separate inner court for the purpose of determining its least dimension, its area and the least dimension and area of the court to which it is contiguous. The width of a court is the dimension parallel to the open side in the case of an outer court and is the least dimension in the case of an inner court. For a court which opens upon a side yard, the measurement at right angles to the side lot line may be measured from the building wall to such side lot line across the side yard. The horizontal depth of a court is the dimension at right angles to its width. For a court which opens upon a rear yard or upon a front yard or street, the horizontal depth may be measured from the building wall of the court to the rear line or front line of the building, and such horizontal depth will not be construed to include the depth of the rear yard or front yard.
CROSS SECTION
See "profile."
CUL-DE-SAC or CUL-DE-SAC STREET
A street with a single common ingress and egress and with a turnaround at the end. (See also "dead-end street.")
CURB
A stone, concrete or other improved boundary marking the edge of a roadway or paved area.
CURB CUT
The opening along the curbline or edge of pavement at which point vehicles may enter or leave the roadway.
DCA
The State of New Jersey Department of Community Affairs.
DEAD END or DEAD-END STREET
A street with a single common ingress or egress with no turnaround at the end. (See also "cul-de-sac street.")
DECK
An uncovered structure, usually constructed of wood or concrete, extending from the exterior wall of a residential dwelling, no more than three feet above the finished ground elevation of the wall from which it extends. Any such structure which is more than three feet above the finished elevation shall be considered part of the principal structure for purposes of setback. (See also "patio" and "porch.")
DEED RESTRICTION or RESTRICTIVE COVENANT
A restriction on the use of land as set forth in the deed.
DEFICIENT HOUSING UNIT
A housing unit with health and safety code violations that require the repair or replacement of a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load bearing structural systems.
DENSITY RATIO, GROSS
A measure of the permitted dwelling units per gross acre of land to be developed expressed in dwelling units per acre. For example, the maximum number of dwelling units permitted on a specific parcel shall be calculated by multiplying the gross density ratio by the base site area.
DENTAL CLINIC
See "medical or dental clinic."
DENTAL OFFICE
See "medical office."
DEPARTMENT
The New Jersey Department of Environmental Protection.
DEPTH, LOT
See "lot depth."
DESIGN ENGINEER
A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.
DESIGNATED CENTER
A state development and redevelopment plan center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land. (See also "applicant.")
DEVELOPER
Any person, partnership, association, company or corporation that is the legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development including the holder of an option to contract or purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq.
DEVELOPMENT
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to the Municipal Land Use Law. (See N.J.S.A. 40:55D-1 et seq.)
DEVELOPMENT
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural lands, "development" means any activity that requires a state permit; any activity reviewed by the County Agricultural Board (CAB) and the State Agriculture Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
DEVELOPMENT
Any man-made change to improve or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials located within the area of special flood hazard.
DEVELOPMENT FEES
Money paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted by COAH regulations.
DISTRIBUTION
See "warehouse and distribution."
DISTRIBUTION CENTER
An establishment engaged in the receipt, storage and distribution of goods, products, cargo and materials, including transshipment by boat, rail, air or motor vehicle.
DISTRICT
See "zone or district."
DRAINAGE
The removal of surface water or groundwater from land or stormwater from roofs or paved areas by drains, grading, or other means which include runoff controls to minimize erosion and sedimentation during and after construction or development.
DRAINAGE AREA
A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.
DRIVE-IN ESTABLISHMENT
Premises constructed for the sale of any goods or services by means of curb, window-counter, or self-service, whether to the motoring public.
DRIVE-IN RESTAURANT
An establishment where food or drink is served to a customer in an automobile outside the confines of a building for consumption on the premises. (See also "drive-through or drive-thru restaurant.")
DRIVE-THROUGH OR DRIVE-THRU BANK
A bank where transactions are made to customers within an automobile outside the confines of a building.
DRIVE-THROUGH OR DRIVE-THRU RESTAURANT
An establishment where food is served for immediate consumption outside the confines of a building and where all or part of that consumption occurs outside the confines of the building, off the premises.
DRIVE-THRU BANK
See "drive-through bank."
DRIVEWAY
A vehicular way on private property which provides access to a street or highway. (See also "access.")
DRY-CLEANING ESTABLISHMENT
A retail establishment used primarily for the purposes of picking up or dropping off clothing by customers for dry-cleaning purposes, and in which only those clothes dropped of by the customers at such an establishment and no other are dry cleaned within the premises. (See also "dry-cleaning plant.")
DRY-CLEANING PLANT
An establishment in which clothing dropped off by customers at the establishment, and from other establishments, is dry cleaned within the premises. (See also "dry-cleaning establishment.")
DWELLING
A building containing dwelling units. The terms "dwelling," "one-family dwelling," "two-family dwelling" or "multifamily dwelling" shall not be deemed to include hotel, motel, rooming house or other accommodations used for more or less transient occupancy.
DWELLING UNIT
A building or portion thereof used for living purposes by one family and having cooking and sanitary facilities for its exclusive use.
DWELLING, ONE-FAMILY
A building containing one dwelling unit only.
DWELLING, TWO-FAMILY
A building containing two dwelling units only.
EASEMENT
A permanent right in an individual, the public or other entity to use the land of another for a specific purpose not inconsistent with the general ownership of the property. (See also "right-of-way.")
EATING AND DRINKING ESTABLISHMENT
A retail establishment serving prepared food or drink within an enclosed building for immediate consumption within the building or off the premises, including restaurants, lunch counters, ice cream and pizza parlors, and luncheonettes, which have a customer service area limited to eight seats or space for no more than eight customers to eat within the establishment, but excluding all drive-in or drive-through restaurants, and bars or taverns. (See also "food and beverage store.")
ELECTRIC VEHICLE
Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or EVSE
The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. EVSE may deliver either alternating current or, consistent with fast-charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."
ELEVATED BUILDING
A nonbasement building built, in the case of a building in an area of special flood hazard, to have the top of the elevated floor elevated above base flood elevation plus freeboard by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water, and adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In an area of special flood hazard, elevated building also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.
ELEVATION
A vertical distance above or below a fixed reference.
ELEVATION CERTIFICATE
An administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate, and to support a required for a letter of map amendment (LOMA) or letter of map revision based on fill (LOMR-F).
ELEVATION, ARCHITECTURAL
See "architectural elevation."
ELEVATION, GRADE
See "grade elevation."
EMPOWERMENT NEIGHBORHOOD
A neighborhood designated by the Urban Coordinating Council in consultation and conjunction with the New Jersey Redevelopment Authority pursuant to N.J.S.A. 55:19-69.
ENLARGEMENT
An increase in the size of an existing structure, building or use, including the physical size of a property, structure, building, parking or other improvements.
ENVIRONMENTALLY CRITICAL AREAS
An area or feature which is of significant environmental value, including but not limited to stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and wellhead protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
EQUALIZED ASSESSED VALUE
The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with Sections 1, 5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
EROSION
The process of gradual wearing away of land masses.
EVERGREEN
A plant with foliage that remains green year-round.
EXISTING GRADE or EXISTING ELEVATION
The vertical location above some elevation point of the ground surface prior to excavating or filling.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
FACADE
The exterior walls of a building exposed to public view or that wall viewed by persons not within the building.
FAMILY
One or more persons related by blood, marriage or adoption and foster children placed with such persons by the Division of Youth and Family Services in the Department of Institutions and Agencies or a duly incorporated child-care agency and children placed pursuant to law in a group home recognized as such by the Department of Institutions and Agencies in accordance with its rules and regulations; provided, however, that no group home shall contain more than 12 children.
FAST-FOOD RESTAURANT
An establishment in which food is preprepared and sold over a counter in disposable containers or wrappers selected from a limited menu for consumption on or off the premises.
FEMA PUBLICATION
Any publication authored or referenced by FEMA related to building science, building safety, or floodplain management related to the National Flood Insurance Program. Publications shall include but are not limited to technical bulletins, desk references, and American Society of Civil Engineers Standards documents.
FENCE
An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
FLAG LOT or FLAGPOLE LOT
See "lot, flag or flagpole lot."
FLOOD DESIGN CLASS
An American Society of Civil Engineers (ASCE) classification of buildings and other structures for determination of flood loads and conditions and determination of minimum elevation requirements on the basis of risk associated with unacceptable performance.
FLOOD HAZARD AREA
That portion of the floodplain as designated by the Federal Insurance Administration or the Federal Emergency Management Agency as constituting particular hazards or risks applicable to the community by reason of flooding.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
The official report in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from: A. The overflow of inland or tidal waters; and/or B. The unusual and rapid accumulation or runoff or surface waters from any source.
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOODPROOFING
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODPROOFING CERTIFICATE
Certification by an engineer or architect to certify a floodproofing design for a nonresidential building.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.
FLOOR AREA OF A BUILDING, GROSS
See "gross floor area."
FLOOR AREA RATIO OF A BUILDING
The quotient of the gross floor area of a building divided by its lot area.
FLOOR, MEZZANINE
See "mezzanine."
FOOD AND BEVERAGE STORE
An establishment selling food and beverages to the public, including but not limited to meat, poultry, fish, specialty foods, beverages, candy, nuts, dairy products, health food, liquor and wine, and including convenience stores, delicatessens and bakeries (for sale of goods on premises only), but not including eating and drinking establishments or restaurants.
FREEBOARD
A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.
FREESTANDING SIGN
See "sign, freestanding."
FRONT LOT LINE
The lot line separating the front of a lot from a street right-of-way. (See also "street line or right-of-way.")
FRONT OF A STRUCTURE
When erected on a plot abutting on two or more streets, the front of a structure is that abutting side which is so designated on the plot plan by the owner.
FRONT YARD
A space extending the full width of the lot between any building and the front lot line.
FRONTAGE
That side of a lot abutting a street.
FUNERAL PARLOR or MORTUARY
A building used for the preparation of deceased human beings for burial or interment and for the display of the deceased and ceremonies connected therewith before burial or cremation.
GARAGE, PRIVATE
See "private garage."
GARAGE, PUBLIC
See "public parking lot or garage."
GARAGE, REPAIR SHOP
See "automobile repair shop."
GARAGE, SEMIPUBLIC
See "semipublic parking structure."
GARDEN CENTER
A retail establishment providing plants, trees, flowers and other landscaping and gardening materials primarily to the public, including plant nurseries.
GASOLINE SERVICE STATION
An establishment primarily used for the retail dispensing of vehicular fuel and oil to automobiles and the incidental servicing thereof, but not including bodywork or painting.
GOVERNMENT USE
The use of land, buildings or structures by any department, commission, independent agency or instrumentality of the United States, of a state, county, authority, district or other governmental unit other than the Borough of Prospect Park.
GRADE ELEVATION
The average ground elevation of the land around the exterior walls of a building or structure.
GRADE or GRADIENT
The percent of rise or descent of a sloping surface, or, where measuring the height of a building, grade is defined as the average ground elevation of the land around the exterior walls of a building or structure. (See also "grade elevation.")
GREEN BUILDING STRATEGIES
Those strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.
GREENHOUSE
A structure utilized for seed germination and plant propagation through the maintenance of a controlled climate necessary to sustain plant growth otherwise not possible in natural or out-of-door surroundings.
GROSS FLOOR AREA
The sum of the gross horizontal areas of the several floors and mezzanine floors of a building and its accessory buildings on the same lot, excluding basement or cellar areas devoted to parking and mechanical equipment space. All dimensions shall be measured between exterior faces of walls.
GROUND AREA OF A BUILDING
See "building, coverage."
GUARANTEE
See "performance guarantee."
HALF STORY
That portion of a building situated above a full story and having at least two opposite exterior walls meeting a sloping roof at a level not higher above the floor than a distance equal to 1/2 the floor-to-ceiling height of the story below.
HEALTH CARE FACILITY, RESIDENTIAL
See "residential health care facility."
HEALTH CLUB or GYMNASIUM
An establishment that provides facilities for physical exercise such as aerobics, running, jogging, weight lifting, game courts, swimming facilities, and accessory saunas, showers, massage rooms and lockers, within an enclosed building or buildings.
HEAVY INDUSTRIAL
An establishment which involves basic processing and manufacturing of materials or products predominantly from extracted or raw materials. (See also "light industrial" and "medium industrial.")
HEIGHT OF BUILDING
The vertical distance, in the case of flat roofs, to the level of the highest point of the roof (deckline) and, in the case of pitched roofs, to the mean level between the eaves and the highest point of the roof, measured from the average finished grade level at the perimeter of the building. In measuring the height by the number of stories, a basement or cellar shall count as a story if it has at least four feet of clear height above the average level of the adjoining finished grade.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
D. Individually listed on a local inventory of history places in communities with historic preservation programs that have been certified either:
(1) By an approved state program as determined by the Secretary of the Interior; or
(2) Directly by the Secretary of the Interior in states without approved programs.
HOME OCCUPATION
An activity carried out for gain by a resident, conducted entirely within a dwelling unit, which is clearly incidental and secondary to the use of the lot for residential purposes. The term shall not include businesses or occupations such as the operation of a beauty parlor, barbershop, automobile repair servicing or body shop, convalescent or nursing home, insurance or real estate agency, boardinghouse, kennel or stable, massage parlor, dancing instructions, band instrument instructions in group, day-care centers or nurseries, drug counseling centers, antique shops, restaurants, tea rooms, tourist homes, real estate offices, insurance offices, mortuary establishments, stores, trades or similar establishments offering services to the general public and veterinary hospitals. (See §§ 235-406D and 235-2402.)
HOMEOWNERS' ASSOCIATION
An association of homeowners organized to own, maintain, operate and share the cost of maintaining common facilities and to enhance and protect their common interests.
HOSPITAL
An institution which maintains and operates organized facilities and services for the diagnosis, treatment or care of persons suffering from illness, injury or deformity and/or obstetrics, and in which all diagnosis, treatment and care are administered by or performed under the direction of persons licensed to practice medicine in the State of New Jersey.
HOSPITAL, VETERINARY
See "veterinary office or hospital."
HOTEL
A facility offering transient lodging accommodations to the general public wherein all rooms are connected to interior hallways, and thereby to interior elevators, lobbies or stairways, through which access to the exterior is gained. Hotels may include but not be limited to related services such as restaurants, meeting rooms or recreation facilities.
HOUSE
See "dwelling unit."
HOUSE, PARISH
See "parish house."
HOUSEHOLD
A family living together in a single dwelling unit, with common access thereto 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 SURFACE
A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.
IMPERVIOUS SURFACE
A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
IMPROVEMENT
Any permanent structure that becomes part of, placed upon, or is affixed to real estate.
IMPROVEMENT, OFF-SITE
See "off-site improvement."
INCLUSIONARY DEVELOPMENT
A development containing both affordable units and market-rate units. This term includes, but is not necessarily limited to, new construction, the conversion of a nonresidential structure to residential and the creation of new affordable units through the reconstruction of a vacant residential structure.
INDOOR COMMERCIAL RECREATIONAL USE
A building or group of buildings used for recreational purposes and operated as a business and open to the public for a fee, including bowling alleys, skating and roller rinks, pool and billiard halls, indoor rifle and pistol ranges, indoor batting cages, recreation centers, and indoor swimming pools or tennis courts. (See also "recreation use or facility.")
INDOOR MARKET
A single indoor retail establishment which is designed, arranged or intended to be used on a permanent basis by multiple vendors.
INDUSTRIAL PARK
A tract of land that is planned, developed and operated as an integral facility for a number of individual industrial uses, with consideration to transportation facilities, circulation, parking, utility needs, aesthetics, and compatibility.
INDUSTRIAL, HEAVY
See "heavy industrial."
INDUSTRIAL, LIGHT
See "light industrial."
INDUSTRIAL, MEDIUM
See "medium industrial."
INFILTRATION
The process by which water seeps into the soil from precipitation.
INFORMAL REVIEW or CONCEPT REVIEW
A review process undertaken by the Planning Board at the option of the applicant as provided for in this chapter, for the purposes of assisting an applicant to prepare an application for formal submission and to provide direction and feedback on such application, at which no decisions, resolutions or formal actions are taken, and wherein all comments or communications carry no legal obligation or vested rights, nor are binding on any party.
INTERIOR LOT
A lot other than a corner lot. (See also "corner lot" and "lot, through.")
JUNKYARD or SALVAGE YARD
A lot, land or structure, or part thereof, used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or other scrap or discarded material or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof.
KENNEL, COMMERCIAL
See "commercial kennel."
LABORATORIES
An establishment or part thereof equipped and used for experimental study, testing or analysis in a field of science.
LAND USE BOARD
The Land Use Board of the Borough of Prospect Park, New Jersey.
LANDSCAPED AREA
Areas containing trees, shrubs and ground covers, pedestrian and recreation areas, ponds, streams or any other areas or features which can be reasonably included, but shall not include areas occupied by buildings or structures, paving for parking, loading or access thereto, required buffers or areas utilized for outside storage.
LANDSCAPING
Lawns, trees, plants and other natural materials such as rock and wood chips, and decorative features, including sculpture, patterned walks, fountains and pools.
LAUNDROMAT
A business premises equipped with individual clothes-washing machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or hotel.
LIGHT INDUSTRIAL
An establishment engaged in light nonnuisance fabrication or the assembly, packaging, storage and distribution of products from finished products or parts. (See also "heavy industrial" and "medium industrial.")
LIVE ENTERTAINMENT
Any form of entertainment which is performed in person before an attending audience.
LIVE/WORK BUILDING
A building wherein 50% or more of the units or gross floor area is comprised of live/work units. (See also "live/work unit.")
LIVE/WORK UNIT
An apartment designed to provide space in which to conduct a business or trade, including offices, studios, crafts workshop area or laboratory space. (See also "live/work building.")
LOADING BERTH
See "loading space or berth."
LOADING SPACE OR BERTH
An off-street space or berth used for the loading or unloading of cargo, products or materials from vehicles.
LOADING, OFF-STREET
See "off-street loading."
LOCAL STREET
A street designed to provide vehicular access to abutting property and to discourage through-traffic. (See also "collector street.")
LODGING HOUSE
See "boarding-, lodging or rooming house."
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.
LOT AREA
An area of land which is determined by the limits of the lot lines bounding the area expressed in terms of square feet. Any portion of a lot included in a public or private street right-of-way shall not be included in calculating lot area.
LOT DEPTH
The mean horizontal distance between the front and rear lot lines. Where the front property line is an arc of a circle or irregular in shape, the depth shall be the average distance between the front and rear lines.
LOT LINE
The boundary line of a parcel of land as shown on a certified filed map, Tax Map or as defined by a field map. A lot line shall not be considered unless legally subdivided or apportioned.
LOT LINE, FRONT
The street line of a lot. On a corner lot, the front line shall be the shorter street line. On a corner lot with equal street lines, or having more than the required lot depth on two or more streets or on a through lot, the owner may elect which street line shall be considered the front lot line.
LOT LINE, REAR
The lot line which is more distant from and most nearly parallel to the front lot line.
LOT LINE, SIDE
Any lot line which is not a front or rear lot line.
LOT WIDTH
The distance between side lot lines measured along the front lot line, or in the case where side lines are parallel and not perpendicular to the front line or where side lines are parallel and the front line is irregular or the arc of a circle, the width shall be the perpendicular distance between the side lines measured at the minimum required front yard setback. In the case where side lines converge toward or away from the front line, the width shall be measured along a line parallel to the front lot line drawn at a distance equal to the required minimum setback. The minimum required width of a lot at the front lot line shall in no case be less than 50% of the required lot width, but no less than 25 feet in any case.
LOT, CORNER
A lot at the junction of and abutting on two or more intersecting streets when the interior angle of intersection does not exceed °.
LOT, COVERAGE
The area of the lot covered by impervious surface.
LOT, FLAG or FLAGPOLE LOT
A lot which does not meet the minimum lot width requirements and where access from the lot to the public road is by means of a narrow private right-of-way or driveway.
LOT, INTERIOR
See "interior lot."
LOT, NONCONFORMING
See "nonconforming lot."
LOT, THROUGH
An interior lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor, provided that such enclosure is not built so to render the structure in violation of other applicable nonelevation design requirements of 44 CFR 60.3.
LOW-INCOME HOUSEHOLD
A household with a total gross annual household income equal to 50% or less of the median household income.
LOW-INCOME UNIT
A restricted unit that is affordable to a low-income household.
MAINTENANCE GUARANTEE
A security acceptable to the Borough of Prospect Park to assure that necessary improvements installed or completed by a developer will function as required for a specific period of time.
MAJOR DEVELOPMENT
Any development that provides for ultimately disturbing one or more acres of land. "Disturbance," for the purpose of this rule, is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation.
MAJOR SYSTEM
The primary structural, mechanical, plumbing, electrical, fire protection, or occupant service components of a building which include, but are not limited to, weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement or load-bearing structural systems.
MAKE-READY PARKING SPACE
The pre-wiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, Level Two EVSE and direct-current fast chargers. "Make-ready" includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a "plug and play" basis. "Make-ready" is synonymous with the term "charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et seq.).
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreational vehicle.
MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MARKET-RATE UNITS
Housing not restricted to low- and moderate-income households that may sell or rent at any price.
MASSAGE ESTABLISHMENT
Any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed massage therapist, physical therapist or health professional or barbershops or beauty salons in which massages are administered only to scalp, face, neck or shoulders. This definition also shall exclude health clubs which have facilities for physical exercise, such as tennis courts, racquetball courts or exercise rooms, and which do not receive their primary source of revenue through the administration of massages.
MAUSOLEUM
A building for interring the human dead aboveground.
MEDIAN INCOME
The median income by household size for the applicable county, as adopted annually by COAH.
MEDICAL OFFICE
The office of recognized medical practitioners, including but not limited to doctors, dentists, dental surgeons, veterinarians, chiropractors, podiatrists, psychologists, and licensed therapists.
MEDICAL OR DENTAL CLINIC
An establishment where patients are admitted for examination and treatment on an outpatient basis by one or more physicians, dentists, other medical personnel, psychologists, or social workers and where patients are not lodged overnight, and are provided treatment not commonly performed in medical or dental offices.
MEDIUM INDUSTRIAL
An establishment engaged in the processing, fabrication, treatment, packaging, storage and distribution of predominantly previously prepared materials, or finished products or parts, but excluding basic processing or manufacturing from predominantly new or extracted materials. (See also "heavy industrial" and "light industrial.")
MEZZANINE
An intermediate floor between the floor and ceiling of any story and covering less than 1/3 of the floor area immediately below. A mezzanine shall not be counted as a story, but its floor area shall be included in the computation of gross floor area.
MINI WAREHOUSE or SELF-SERVICE STORAGE FACILITY
A facility consisting of a building or group of buildings in a controlled-access compound that contains varying sizes of individual compartmentalized and controlled access stalls or lockers for the dead storage of customers' goods and wares.
MODERATE-INCOME HOUSEHOLD
A household with a total gross annual household income in excess of 50% but less than 80% of the median household income.
MODERATE-INCOME UNIT
A restricted unit that is affordable to a moderate-income household.
MOTOR VEHICLE USES
Any one of the following as defined herein: automobile body repair shops, automobile rental or short-term leasing establishments, automobile repair shops, automobile sales or long-term leasing establishments, gasoline service stations, automobile storage yards, automobile supply and service stores, automobile washes, convenience stores in conjunction with gasoline service stations, transport service businesses, truck and bus depots, rental, storage, leasing and sales establishments, truck and bus service stations, and repair shops.
MULTIFAMILY OR MULTIPLE-FAMILY DWELLING
A building containing three or more dwelling units, occupied or intended to be occupied by three or more families, each living independently of each other and with their own sleeping, sanitary and cooking facilities. A building containing three or more such families where separation of the units is provided by means of a wall, floor, door or other type of screen or partition, or with a separate outside entrance, or basement access, shall be considered a multiple-family dwelling.
MUNICIPAL HOUSING LIAISON
The employee charged by the governing body with the responsibility for oversight and administration of the affordable housing program for the Borough of Prospect Park.
MUNICIPAL USE
Any use of land, building or structure by the Borough of Prospect Park or an agency thereof.
MUNICIPALITY
Any city, Borough, town, township, or village.
NADIR
The lowest point.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of a floodplain regulation adopted by a community and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by the municipality.
NIGHTCLUB
See "cabaret or nightclub."
NODE
An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
NONCONFORMING LOT
A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment. (See also "nonconforming structure" and "nonconforming use.")
NONCONFORMING STRUCTURE
A structure, the size, dimension or location of which was lawful prior to the adoption, revision, or amendment of this chapter, 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. (See also "nonconforming lot" and "nonconforming use.")
NONCONFORMING USE
A use or activity which was lawful prior to the adoption, revision or amendment of this chapter, 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. (See also "nonconforming structure" and "nonconforming use.")
NONEXEMPT SALE
Any sale or transfer of ownership other than the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a Class A beneficiary and the transfer of ownership by court order.
NURSING HOME
An institution licensed and approved to provide health care under medical supervision for 24 or more consecutive hours to two or more patients who are not related to the governing authority or its members by marriage, blood or adoption.
NUTRIENT
A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
OFFICE
A room or group of rooms used for conducting the offices of a business, profession, service, industry or government, and generally furnished with desks, tables, files, and communication equipment, including offices of general, business, executive, legal, accounting, architect, planning, engineer, real estate, contractor and employment agencies.
OFFICE, MEDICAL
See "medical office."
OFFICES OF PHILANTHROPIC ORGANIZATIONS
A building or group of buildings containing offices for use by civic, charitable, philanthropic, fraternal, trade union or veterans organizations, but excluding residential facilities and social welfare facilities such as soup kitchens, emergency or overnight shelters, or the dispensing of medical care or other forms of personal aid.
OFF-SITE OR OFF-TRACT IMPROVEMENT
Improvements to be made off site as a result of an application for development and including, but not limited to, road widening and upgrading, stormwater facilities, and traffic improvements.
OFF-SITE PARKING
Parking provided for a specific use but located on a site other than the one on which the specific use is located.
OFF-STREET LOADING
Designated areas located adjacent to buildings where trucks may load and unload cargo. (See also "loading space or berth.")
OFF-STREET PARKING
Parking for a motor vehicle not located within a street right-of-way. (See also "on-street parking.")
ON-STREET PARKING
Parking for motor vehicles located within a street right-of-way. (See also "off-street parking.")
OPEN SPACE
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners, occupants and their guests, of land adjoining or adjacent to such open space.
OPEN SPACE, COMMON
See "common open space."
OUTDOOR STORAGE
The keeping of any goods, junk, material, merchandise or vehicles outdoors in the same place overnight or continually for a period of more than 12 hours.
OWNER
Owner of real property.
PARCEL
A contiguous lot or tract of land owned and recorded as the property of the same persons or controlled by a single entity, including members of an immediate family. (See also "lot" and "tract.")
PARISH HOUSE
The residence of the clergy associated with a place of worship.
PARK or PLAYGROUND
A tract of land designated and used by the public for active and passive recreation.
PARKING AISLE
See "aisle or parking aisle."
PARKING GARAGE
See "private garage," "semipublic parking structure," and "public garage."
PARKING LOT, PUBLIC
See "public parking lot or garage."
PARKING SPACE
A space conforming to applicable standards of this chapter for the parking of a motor vehicle within a private, semipublic or public parking area.
PARKING, OFF-STREET
See "off-street parking."
PATIO
A level, landscaped or surfaced area directly adjacent to a principal building at grade and not covered by a permanent roof. (See also "deck" and "porch.")
PAWN SHOP or PAWNBROKER'S SHOP
An establishment in which the proprietor lends money on the security of personal property pledged in his or her keeping.
PERFORMANCE GUARANTEE
A security that is acceptable to the Borough of Prospect Park to assure that improvements that are required as part of an approved development will be satisfactorily installed or completed.
PERMITTED USE
A use of a building or land that conforms with the provisions of this chapter.
PERSON
Any individual, corporation, company, partnership, firm, association, Borough of Prospect Park, or political subdivision of this state subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
PERSONAL SERVICE ESTABLISHMENTS
An establishment engaged primarily in providing services involving the care of a person or his or her personal goods or apparel, including but not limited to linen supply, diaper service, beauty shops and barbershops, dressmaker, milliner, tailor shops, watch repair, clothing and shoe repair, laundromats, dropoff laundry and dry cleaners (not including dry-cleaning establishments or plants), nail salons and tanning salons.
PLACE OF WORSHIP
A church, synagogue, temple, mosque, or other building or group of buildings which by design and construction are intended for the conducting of organized religious services and accessory uses associated therewith.
PLANNED DEVELOPMENT
An area of a minimum contiguous size and meeting other specific requirements as specified in this chapter, to be planned, developed, operated and maintained according to a plan as a single entity and containing one or more structures or buildings with appurtenant common areas, such as planned apartment complexes, planned cluster developments and planned townhouse complexes.
PLAYGROUND
See "park or playground."
PLOT
See "lot."
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the state, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.
PORCH
A roofed open area which may be screened but not enclosed by glazing, usually attached to or part of and with direct access to and from a building. Porches are part of a principal structure for purposes of setback. (See also "deck" and "patio.")
PREEXISTING USE
The lawful use of a lot, parcel, structure or building existing prior to the time of the enactment of this chapter.
PRELIMINARY FLOOD INSURANCE RATE MAP
The draft version of the FIRM released for public comment before finalization and adoption.
PRINCIPAL BUILDING
A building in which is conducted the principal use of the lot on which it is located.
PRINCIPAL USE
The primary or predominant use of any lot, parcel, structure or building.
PRIVATE EVSE
EVSE that has restricted access to specific users (e.g., single- and two-family homes, executive parking fleet parking with no access to the general public).
PRIVATE GARAGE
A structure that is accessory to a residential use which is used for the parking of vehicles, and which is not used by the general public.
PRIVATE STREET
A street that has not been accepted by the Borough of Prospect Park or other governmental entity, but which is shown on the Official Map of the Borough of Prospect Park.
PRIVATE SWIMMING POOL
A swimming pool located as an accessory use on the same lot as the principal use it serves, is utilized only by the owner or tenants or his or their nonpaying guests.
PROFILE or CROSS SECTION
A drawing or side or sectional elevation showing the vertical elements of a structure from below ground through the top of the structure.
PROJECTION
An extension of a building which protrudes or juts out from the vertical plane of the building.
PROPERTY
A lot, parcel or tract of land together with the building and structures located thereon. (See also "lot," "parcel" and "tract.")
PUBLIC OR PRIVATE UTILITY
Any agency that, under public franchise or ownership, or under certificate of convenience and necessity, or by grant of authority by a governmental agency, provides the public with electricity, gas, heat, steam, communication, transportation, water, sewage collection or other similar services.
PUBLICLY ACCESSIBLE EVSE
EVSE that is publicly available (e.g., park and ride, public parking lots and garages, on-street parking, shopping center parking, nonreserved parking in multifamily parking lots, etc.).
QUARRY
An open excavation used for obtaining slate, limestone or other stone building material.
RADIO ANTENNA
See "antenna, radio and TV."
RADIO STATION OR STUDIO
See "audio, radio, video and television station and studio."
RADIO TOWER, AMATEUR
See "amateur radio or TV tower." (See also "wireless telecommunications tower.")
RANDOM SELECTION PROCESS
A process by which currently income-eligible households are selected for placement in affordable housing units such that no preference is given to one applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable unit (e.g., by lottery).
RECHARGE
The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
RECREATION USE OR FACILITY
A place designed and equipped for the conduct of sports and leisure-time activities.
RECREATION VEHICLE
A vehicular-type portable structure without permanent foundation that can be towed, hauled or driven and designed primarily as a temporary living accommodation for recreation, camping and travel use, including but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes.
RECREATIONAL VEHICLE
A vehicle which is:
A. Built on a single chassis;
B. Four hundred square feet or less when measured at the longest horizontal projections;
C. Designed to be self-propelled or permanently towable by a light-duty truck; and D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REGIONAL ASSET LIMIT
The maximum housing value in each housing region affordable to a four-person household with an income at 80% of the regional median as defined by COAH's adopted Regional Income Limits published annually by COAH.
REHABILITATION
The repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.
RENT
The gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. In assisted living residences, rent does not include charges for food and services.
REQUIRED SETBACK LINE
That line that is the required minimum distance from any lot line and that establishes the area in which a building must be erected or placed.
REQUIRED YARD
The open space between the lot line and the required setback line measured perpendicular to the lot line and within which no structure shall be located except as provided in this chapter.
RESIDENCE
A home, abode or place where an individual or household is actually living at a specific point in time.
RESIDENTIAL USE
Any use in which one or more dwelling units or residences are present.
RESTAURANT
An establishment where food and drink are prepared, served and consumed within an enclosed building, and wherein food is served only to be consumed by customers seated at tables on the premises. (See also "eating and drinking establishment," "drive-in restaurant" and "drive-through restaurant.")
RESTAURANT, DRIVE-IN
See "drive-in restaurant."
RESTAURANT, DRIVE-THROUGH
See "drive-through restaurant."
RESTAURANT, DRIVE-THRU
See "drive-through restaurant."
RESTAURANT, FAST-FOOD
See "fast-food restaurant."
RESTRICTED UNIT
A dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1, as may be amended and supplemented, but does not include a market-rate unit financed under UHORP or MONI.
RETAIL ESTABLISHMENT
An establishment engaged in selling of goods and merchandise to the general public for personal or household use, including automobile parts and supplies (with no service), clothing and shoes, fabrics, curtains, drapes, floor coverings, furniture, lamps, appliances, radios, television sets, computers, electronics, upholstery, china and glassware, luggage and leather goods, antiques, home wares, paint and wallpaper, arts and crafts, candles, records, tapes, videos, musical instruments, pets, books and stationery, flowers, tobacco, drugs, sporting goods, jewelry, sewing machines, photography equipment, keys, cards, gifts, and toys, and including TV, appliance, computer and electronics sales and repair establishments, department stores, variety stores, hardware stores (with products for sale predominantly to the public), interior decorating stores, hobby shops and art galleries.
RETRACTABLE AWNING OR CANOPY
An awning or canopy that may be retracted by mechanical means so as not to project beyond the front facade of a building.
RIDGELINE
The line along a mountainside or hillside, which when viewed from any public traveled way or public areas or public open space appears to be the highest elevation of the mountain chain or line of hills and represents a line marking or following that ridge top as it appears when viewed from any public traveled way, public area or public open space.
RIGHT-OF-WAY
An easement for ingress and egress, sometimes together with the right to maintain utilities within the easement area. (See also "easement.")
RIGHT-OF-WAY LINE
See "street line or right-of-way line."
SATELLITE ANTENNA
Any accessory structure capable of receiving and/or transmitting, for the sole benefit of the principal use, radio or television signals from a transmitter or transmitter relay located in planetary orbit and including but not limited to satellite receivers, satellite dish antennas, satellite disks, direct broadcast systems (DBSs), and television reception only systems (TVROs).
SCHOOL
Any place of education or instruction, other than a commercial school, college, university, theological seminary, convent, monastery, day-care center, children's day camp and religious retreat as defined in this chapter.
SCREENING
A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms or densely planted vegetation. (See also "buffer.")
SEDIMENT
Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.
SELF-SERVICE STORAGE FACILITY
See "mini warehouse."
SETBACK
The distance between a building and any lot line. When two or more lots under one ownership are used for a single development, the exterior lot lines so grouped shall be used in determining the setback.
SHADE TREE
A tree with a minimum caliper of three inches, usually deciduous, planted primarily for overhead canopy.
SHED
A small, fully enclosed structure for storage. (See also "accessory structure.")
SIDE YARD
A space extending from the front yard to the rear yard between the principal building and the side lot line.
SIGN
Any outdoor illuminated or nonilluminated device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of or identify the purpose of a person or entity or to communicate information or concepts of any kind to the public, provided that signs described in Chapter 90 of the Borough Code shall not be subject to the provisions of this chapter.
SIGN, BILLBOARD
See "billboard."
SIGN, BUILDING
Any sign attached to any part of a building, as contrasted to a freestanding sign.
SIGN, BUSINESS OR NONRESIDENTIAL
A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered upon the premises, provided that, at any location where a business sign is permitted, there shall also be permitted a sign containing noncommercial images or messages in lieu of any other images or messages, regardless of whether such noncommercial images or messages relate to activity conducted upon the premises.
SIGN, CANOPY
Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area.
SIGN, FREESTANDING
Any sign supported by a structure or supports that are placed on or anchored in the ground and that are independent from any building or other structure.
SIGN, INCIDENTAL
A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives. No sign with a commercial message legible from a position off the lot on which the sign is located shall be considered incidental.
SIGN, RESIDENTIAL
Any sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms with all requirements of this chapter.
SIGN, ROOF
Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.
SIGN, TEMPORARY
Any sign that is used only temporarily and is not permanently mounted.
SIGN, WALL
Any sign attached parallel to, but within six inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.
SITE
The lot or lots upon which a major development is to occur or has occurred.
SITE AREA, BASE
The remainder of the gross site area after subtracting the area all lands within conservation easements; freshwater wetlands and wetlands transition areas as determined by NJDEP; steep slope areas in excess of 15%; stream encroachment areas as determined by NJDEP; flood hazard areas; and natural preexisting lakes, ponds, and watercourses.
SITE PLAN
A rendering, drawing, or sketch prepared to specifications and containing necessary elements, as set forth in Part 4 of this chapter, which shows the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan.
SITE PLAN EXEMPT
A site plan approval shall not be required for single-family and two-family houses. Building alterations which do not involve a change in use, additional parking, or additional building area shall be exempt. Changes in use which do not require additional parking shall be exempt.
SOIL
All unconsolidated mineral and organic material of any origin.
START OF CONSTRUCTION
A. For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. No. 97-348) (See 16 U.S.C. § 3501 et seq.) includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of pilings, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation.
B. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings or piers, or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)
An area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the state's future redevelopment and revitalization efforts.
STATE PLAN POLICY MAP
The geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.
STORAGE FACILITY
An establishment engaged in the storage of goods, products or materials primarily for business or industrial purposes.
STORAGE, OUTDOOR
See "outdoor storage."
STORAGE, SELF-SERVICE FACILITY
See "mini warehouse or self-service storage facility."
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.
STORMWATER MANAGEMENT BASIN
An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE
Any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.
STORMWATER RUNOFF
Water flow on the surface of the ground or in storm sewers, resulting from precipitation.
STORY
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. A basement shall be counted as a story if its ceiling is four or more feet above the average finished grade at its perimeter.
STREET LINE or RIGHT-OF-WAY LINE
The dividing line between the street and a lot.
STREET-FACING SETBACK
The minimum distance from a public roadway or driveway from which a building may be located. Within a fee simple subdivision, this setback is typically referred to as the "front yard setback."
STREETSCAPE
A design term referring to all the elements that constitute the physical makeup of a street and that, as a group, define its character, including building frontage, street paving, street furniture, landscaping, including trees and other plantings, awnings and marquees, signs and lighting.
STRUCTURE
A combination of materials to form a construction for use, occupancy or ornamentation, whether installed on, above or below the surface of land or water, which includes but is not limited to buildings, stadiums, platforms, towers, sheds, trailers, storage bins, fences, swimming pools and signs. (See also "building.")
STRUCTURE
A walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally aboveground.
STRUCTURE, ACCESSORY
See "accessory structure."
STRUCTURE, NONCONFORMING
See "nonconforming structure."
STUDIO
The workshop of an artist, sculptor, photographer or craftsperson or a place where radio, television or movies are produced. (See also "live/work unit.")
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which exceeds 50% of the market value of the structure before the start of the construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the Local Code Enforcement Officer and which are the minimum necessary to assure safe living conditions; or
B. Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
SUBSTANTIVE CERTIFICATION
A determination by the Council approving a municipality's Housing Element and Fair Share Plan in accordance with the provisions of the Act, this chapter and N.J.A.C. 5:96. A grant of substantive certification may run for a period of 10 years beginning on the date that a municipality files its Housing Element and Fair Share Plan with the Council in accordance with N.J.S.A. 52:27D-313, but shall not extend beyond December 31, 2019.
TENNIS OR SPORTS COURT
A structure constructed on the ground consisting of a playing area of whatever consistency used to engage in the game of tennis or other sports. A backstop, consisting of netting, fencing or similar material and designed to prevent the passage of tennis or other balls, shall be considered to be part of the tennis or sports court.
THEATER or MOVIE THEATER
A building or part of a building devoted to showing motion pictures or for dramatic, dance, musical or other live performances to the public for a fee.
TIDAL FLOOD HAZARD AREA
A flood hazard area, which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.
TOWNHOUSE or TOWNHOUSE DWELLING
A building containing three or more dwelling units wherein each unit has its own front and rear access to the outside, no unit is located over another unit, and each is separated from the other by one or more common vertical walls. (See also "row house or attached single-family dwelling.")
TRACT
An area, parcel, site, piece of land or property that is the subject of a development application. (See also "lot" and "parcel.")
TRAILER
A structure which temporarily or permanently stands on wheels and is capable of being towed or hauled by another vehicle and used for temporary or long-term human occupation.
TREE, SPECIMEN OR SIGNIFICANT
Any tree that has a diameter of 20 or more inches or any tree which is a particularly impressive or unusual example of a species due to the size, shade, age or any other trait that epitomizes the character of the species.
TWO-FAMILY RESIDENTIAL DWELLING
A detached residential building containing two dwelling units occupied or intended to be occupied by two families, each living independently of each other and with their own sleeping, sanitary and cooking facilities.
UHAC
The Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et seq.
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
A neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.
URBAN ENTERPRISE ZONES
A zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.
URBAN REDEVELOPMENT AREA
Previously developed portions of areas:
A. Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;
B. Designated as CAFRA Centers, Cores or Nodes;
C. Designated as Urban Enterprise Zones; and
D. Designated as Urban Coordinating Council Empowerment Neighborhoods.
USE
The specific purpose for which land, building or structure is designed or arranged for which it is or may be occupied or maintained.
USE VARIANCE
The authorization by the Zoning Board of Appeals function of the Land Use Board for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
USE, PROHIBITED
A use not permitted within a district. Those uses not permitted by Part 6 of this chapter are prohibited. The listing of certain uses as specifically prohibited reiterates the prohibition regarding those particular uses to avoid doubt or confusion.
VARIANCE
A grant of relief from the requirements of this article that permits construction in a manner that would otherwise be prohibited by this article.
VERY-LOW-INCOME HOUSEHOLD
A household with a total gross annual household income equal to 30% or less of the median household income.
VERY-LOW-INCOME UNIT
A restricted unit that is affordable to a very-low-income household.
VETERINARY OFFICE OR HOSPITAL
An office or hospital where animals are given medical care and the boarding of animals is limited to short-term care incidental to the principal use.
VIOLATION
The failure of a structure or other development to be fully compliant with this article. A new or substantially improved structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
WALL
A structure of wood, stone or other materials or combination thereof intended for defense, security, screening or enclosure or for the retention of earth, stone, fill or other materials as in the cases of retaining walls or bulkheads.
WAREHOUSE AND DISTRIBUTION
An establishment used primarily for the storage of goods, products, cargo and materials and/or which receives, stores or distributes such goods or materials by boat, rail, air or motor vehicle.
WATER SURFACE ELEVATION
The height, in relation to the North American Vertical Datum (NAVD) of 1988, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
WEATHERIZATION
Building insulation (for attic, exterior walls and crawl space), siding to improve energy efficiency, replacement storm windows, replacement storm doors, replacement windows and replacement doors, and is considered a major system for rehabilitation.
WETLANDS or WETLAND
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
WIRELESS TELECOMMUNICATIONS
Any personal wireless services as defined in the Telecommunications Act of 1996 (See 47 U.S.C. § 251 et seq.) which includes FCC-licensed commercial wireless telecommunications services including cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed. It does not include any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas, nor does it include noncellular telephone services.
WIRELESS TELECOMMUNICATIONS ANTENNA (WT ANTENNA)
Antenna of any type of design, which is or may be used for the delivery of wireless telecommunications, except for those radio antenna, dish antenna, or satellite receiving stations regulated pursuant to Part 6.
WIRELESS TELECOMMUNICATIONS COMPOUND (WT EQUIPMENT COMPOUND)
The area which houses any combination of WT equipment.
WIRELESS TELECOMMUNICATIONS EQUIPMENT (WT EQUIPMENT)
Any building, structure, or equipment, including without limitation transmitters, power sources, or other equipment, except antennas or towers, which are or may be used for the delivery of wireless telecommunications.
WIRELESS TELECOMMUNICATIONS SERVICE PROVIDER (WT SERVICE PROVIDER)
Any person, business organization, or other entity of any kind, whether public or private, which seeks to install, operate, or maintain any combination of WT technology within the boundaries of the Borough of Prospect Park, or which already operates or maintains such WT technology as of the effective date of this chapter.
WIRELESS TELECOMMUNICATIONS TECHNOLOGY (WT TECHNOLOGY)
Collectively, refers to all WT antennas, WT equipment, WT equipment compound, and WT towers.
WIRELESS TELECOMMUNICATIONS TOWERS (WT TOWERS)
A vertical structure which is or may be used to support any WT antenna or other WT equipment, whether freestanding or attached to any existing structure.
YARD
An open space of uniform width or depth which lies between the principal building or group of buildings and the nearest lot line and is occupied and unobstructed from the ground upward except for certain features specified in the Schedule of Space Regulations and, in rear yards only, accessory buildings.
YARD
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 chapter is unoccupied and unobstructed from the ground upward except as may be specifically provided in this chapter.
YARD, FRONT
A yard extending across the full width of the lot and lying between the rear line of the lot and nearest point of the principal building.
YARD, SIDE
A yard between the side line of the lot and the nearest point of the principal building and extending from the front yard to the rear yard or, in the absence of either or both such yards, to the front and/or rear lot line, as the case may be. A corner side yard is the yard extending to a corner side lot line and an interior side yard is the yard extending to an interior side lot line.
ZONE or DISTRICT
A specifically delineated area as shown on the Official Zoning Map of the Borough of Prospect Park within which regulations and requirements govern the use, placement, spacing and size of land and buildings.
ZONING AMENDMENT or ZONING MAP AMENDMENT
An alteration of or addition to the text of this chapter or the Zoning Map by the Borough of Prospect Park.
ZONING MAP
The map or maps which are part of this chapter as set forth in § 235-2202 of this chapter.
ZONING PERMIT
An approval issued by the Zoning Officer indicating that the proposed construction work or property development conforms to the requirements of this chapter and any resolutions of approval issued by the Land Use Board.
Note: The provided images are illustrative only and not intended to be regulatory.
Unless the context clearly indicates the contrary, words used in the present tense include the future; the singular number includes the plural; and the plural, the singular.

For the purpose of this chapter, certain terms and words are defined as follows:

(1) The word "shall" is mandatory and not directory; the word "may" is permissive.

(2) The word "lot" includes the word "plot."

(3) The word "structure" includes the word "building."

(4) The term "erected" shall be deemed to include "constructed," "structurally altered," "enlarged" or "moved."

(5) The word "use" and the word "used" refer to any purpose for which a lot or land or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use and to any purpose for which a building or structure or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use or erected, reconstructed, altered, enlarged, moved or rebuilt with the intention or design or using the same.

(6) The word "Borough" means the "Borough of Prospect Park, Passaic County, State of New Jersey."

(7) The terms "Mayor and Council," "Land Use Board" and "Zoning Officer" mean the respective Boards and officers of said Borough.

(8) The word "person" shall be deemed to include persons, corporations or partnerships where appropriate.