Glossary forWayne Township, Passaic County, NJ

ACCESSORY BUILDING - A building, the use of which is customarily incidental to that of the main building and which is located on the same lot as that occupied by the main building

ACCESSORY USE - A use, occupation or profession which

(1) Is customarily carried on in a Dwelling unit in the principal building and where the work therein shall involve principally the personal services only of the occupant of the residence and where the said office or studio shall be located on the first or street floor of the Dwelling and the area thereof shall be limited to not more than fifty percent (50%) of the first floor area

(2) Is clearly incidental and secondary to the use of the Dwelling unit for residential purposes.

(3) Conforms to the following additional conditions

(a) The home occupation or profession shall be earned on wholly within the said principal building.

(b) The said home occupation or profession shall employ not more than three (3) persons, one (1) of whom may be a person who is not a member of the family.

(c) There shall be no exterior display or exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building

(d) No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.

(e) One (1) customary professional or announcement sign shall be permitted of not over two (2) square feet in area if attached to the main wall of the Dwelling, provided that no such sign shall be illuminated, or of not over one (1) square foot in area if mounted on a lamppost, provided that such lamppost is set back from the front property line at least five (5) feet

ADMINISTRATIVE OFFICER - For Planning Board matters, the Township Planner, for Board of Adjustment matters, the zoning Officer; for Official Map matters, the Building Official; for Municipal Council matters, the Township Clerk, and for certification of subdivision approval, the Township Engineer.

ALTERATION OF BUILDING - Any change in supporting members of a building, except such change its may be required for its safety, any addition to a building; any change in use from one district classification to another, or removal of a building from one location to another

APPLICANT - A developer submitting an application for development

AREA OF SHALLOW FLOODING - A designated AO or VO Zone on a community's Flood Insurance Rate Map (FIRM) with baseflood depths from one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding 15 unpredictable and indeterminate and where velocity flow may be evident [Added 9-3-86 by Ord No 50-1986]

AREA OF SPECIAL FLOOD HAZARD - The land in the floodplain within the township subject to a one-percent or greater chance of flooding in any given )ear [Added 6-7-78 by Ord No 21-1978]

BASE FLOOD - The flood having a one-percent chance of being equaled or exceeded in any given year [Added 6-7-78 by Ord, No 21-1978]

BASEMENT - Any area of the building having its floor subgrade (below ground level) on all sides [Added 9-3-86 by Ord No 50-1986]

BLOCK - The length of a street between two (2) street intersections or a distance of one thousand (1,000) feet from the nearest street intersection

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 [Added 9-3-86 by Ord No 50-1986]

BUFFER AREA - A strip of land which separates multifamily, commercial, office or industrial-type districts (or as required in Article X) from adjoining residential districts so as to allow adequate screening of view, noise or activity taking place within these districts from adjoining residences Within any such "buffer area," no buildings, structures driveways, parking or loading area or other use of the land shall be permitted unless otherwise provided in this chapter.

BUILDING - A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof

BUILDING SETBACK LINE - The line to which the principal building must conform in its setback from the street line

CENTER LINE OF STREET - A line midway between and parallel to the two (2) street or property lines.

CLUBHOUSE - A building to house a club or social organization not conducted for profit and which is not an adjunct to or operated by or in connection with a public tavern, cafe or other public place.

COMMON OPEN SPACE - An open space area within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

COMPLETE APPLICATION [Amended 7-7-82 by Ord No. 42-1982] - An application for development shall be considered complete when all of the following have been submitted to the administrative officer:

(1) The proper number of duly executed application forms

(2) The necessary fees as set forth in Article V of this chapter

(3) The proper number of exhibits incorporating all of the necessary details and/or documents set forth under the provisions of this chapter for the various types of applications subject to approval by the township

CONDITIONAL USE - A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as; contained in the zoning regulations and upon the issuance of an authorization therefor by the municipal agency

CONVENTIONAL - Development other than planned development

COURT - An open, unobstructed space other than a yard. An "outer court" is one which extends to the street or to the front or rear yard An "inner court" is any other court.

CRITICAL AREA - A sediment-producing highly erodible or severely eroded area

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

DEVELOPMENT - The division of a parcel of land into two (2) or more parcels the construction, reconstruction, conversion, structural alteration relocation or enlargement of any building or other structure or of any mining excavation or landfill and any use or change in the use of any building or Other structure, or land or extension of use of land, for which permission may be required pursuant to the Municipal Land Use Law Also, any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the state floodplain or an area of special flood hazard (Amended 6-778 by Ord No 21-1978]

DEVELOPMENT PERMIT - A township permit required for development in a state floodplain or in an area of special flood hazard issued in accordance with the provisions of Article XII of this chapter [Added 6-7-78 by Ord. No 21-1978]

DEVELOPMENT REGULATION - Zoning, sub- division, site plan, Official map or other municipal regulation of the use and development of land, or amendment thereto, adopted and filed pursuant to the Municipal Land Use Law

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

DRAINAGE RIGHT-OF-WAY - The lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage, in accordance with N.J.S.A. 581-1 to 581-34.

DWELLING, ATTACHED - One (1) Dwelling unit in a line of three (3) or more attached Dwelling units, with each Dwelling unit extending from the ground to the roof and having individual outside access.

DWELLING, DETACHED - A building containing one (1) Dwelling unit.

DWELLING, MULTIPLE-FAMILY - A building under a single roof, with or without fire wall partitions, designed for occupancy by two (2) or more households living as families.

DWELLING, SEMIDETACHED - A building containing two (2) Dwelling units and having one (1) party wall.

DWELLING, SINGLE-FAMILY - A detached Dwelling equipped with cooking facilities for and designed for the use of a single household, including one (1) or more people living as a family, and wherein not more than three (3) people are sheltered or fed for profit

DWELLING UNIT - A room or series of connected rooms containing living, cooking, sleeping and sanitary facilities for one (1) family.

ELEVATED BUILDING - A nonbasement building which is built, in the case of a building in an area of special flood hazard to have the top of the elevated floor or, in the case of a building in a coastal high hazard area, to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the ground level by means of piling, columns (posts and piers) or shear walls parallel to the flow of the water and which is adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the baseflood 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 the floodwaters In areas of coastal high hazard, "elevated building" also includes a building otherwise meeting the definition of "elevated building" even though the lower area is enclosed by means of breakaway walls. [Amended 9-3-86 by Ord. NO. 50-1986, 3-18-87 by Ord No 5-1987]

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

EROSION AND SEDIMENT CONTROL PLAN - A plan which fully indicates necessary land treatment Measures, including a schedule of the timing for their installation, which will effectively minimize soil erosion and sedimentation Such measures shall be equivalent to or exceed standards adopted by the New Jersey State Soil Conservation Committee and administered by the Northeast Jersey Sod Conservation District

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

EXISTING MOBILE HOME PARK OR MOBILE HOME SUBDIVISION [Added 9-3-86 by Ord No 50-1986, repealed 3-18-87 by Ord No 5-1987]

EXPANSION TO AN EXISTING MOBILE HOME PARK OR MOBILE HOME SUBDIVISION [Added 9-3-86 by Ord No 50- 1986, repealed 3-18-87 by Ord No 5-1987]

FAMILY - One (1) or more pet sons related by blood, adoption or marriage, living and cooking together as a single housekeeping unit. exclusive of household servants A number of persons, but not exceeding two (2), living and cooking together as a single housekeeping unit, though not related by blood, adoption or marriage, shall be deemed to constitute a 'family "

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

FINAL APPROVAL - The Official action of the Planning Board (or in some cases the Board of Adjustment) taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion or approval conditioned upon the posting of such guaranties.

FLOOD INSURANCE RATE MAP (FIRM) - The Official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the township [Added 6-7-78 by Ord No 21-1978]

FLOOD INSURANCE STUDY - The Official report in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Hazard Boundary Floodway Map and the water surface elevation of the base flood [Added 6-7-78 by Ord No 21-1978]

FLOOD OR FLOODING - A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters and/or the unusual and rapid accumulation of runoff of surface waters from am source [Added 9-3-86 by Ord No 50-1986]

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 two-tenths (.02) foot [Added 9-3-86 by Ord No 50-1986]

HEIGHT OF BUILDING - The vertical distance measured from the average ground level at the sides of the building to the extreme high point of the building exclusive of chimneys and similar fixtures

HELIPORT - An area of defined dimensions designated for the landing and takeoff of helicopters and used solely for that purpose Such area may include passenger and cargo facilities, maintenance and overhaul facilities, fueling service, storage space, tie-down spaces, hangars and other accessory buildings

HELISPOT - An area of defined dimensions designated for the occasional landing and takeoff of helicopters but not used solely for that purpose Examples are parking lots, golf courses, parks, recreational athletic field, etc

HELISTOP, PRIVATE - An area of defined dimensions designated for the landing and takeoff of helicopters and used solely for that purpose Such area shall be limited to the operation of helicopters which are owned or controlled by the owner or the occupant of the premises or by guests or patrons of such owner-occupant Such area may not include any refueling, maintenance repair or hangar facilities, except that a tie-down area may be provided for and limited to the accommodation of a single aircraft

HELISTOP, PUBLIC - An area of defined dimensions designated for the landing and takeoff of helicopters and used solely for that purpose Such area shall be open to use by any helicopter regardless of ownership and control Such area may not include any refueling, maintenance, repair or hangar facilities, except that a tie-down area may be provided for and limited to a single aircraft

HOME OCCUPATION OR PROFESSION - Includes the office or studio of a resident physician, surgeon, dentist, lawyer, architect, engineer, professional artist, accountant, real estate agent, insurance broker or similar professional person as hereinafter restricted in this definition, also, day-care operation for not more than five (5) preschool children, individual dancing instructions, individual instrumental instructions or individual voice instructions, also the office of a tradesman whose field of activity is entirely away from home, including building contractors and others Handling or storage of materials on such premises shall not be an accepted use, "Home occupation or profession" referred to under the definition of accessory use shall not include or be deemed to include the office of a person professionally engaged in the purchase, manufacture or sale of goods kept or displayed on the premises; tearooms, tourist lodges, boarding or lodging houses, beauty parlors, barbershops, hairdressing and manicuring establishments, restaurants, commercial stables and kennels, veterinarian offices, convalescent homes; mortuary establishments, and stores, trades, hobby shops or businesses of any kind not herein excepted

Notwithstanding anything to the contrary in this definition, the home professional office of a physician shall not include a biological or other medical testing laboratory

HOMEOWNERS' ASSOCIATION - An incorporated, nonprofit organization operating under a recorded land agreement through which

(1) Each lot owner, condominium owner, stockholder under a cooperative development or other owner of property or interests in the project shall be a member

(2) Each occupied Dwelling unit is subject to a charge for a proportionate share of the expenses for the organization activities and maintenance, including any maintenance costs levied against the association or the municipality

(3) Each owner and tenant has a right to use the common property

HOTEL - A series of attached, semidetached or detached Dwelling units operated as a single business, containing individual sleeping or living units with bathrooms and closet space, with or without kitchens, designed for or used to provide housing accommodations, for a consideration, to tourists, transients and travelers and held out to the public as accommodations by the day, week or month Wherever in this chapter the word "hotel" appears and restrictions are set forth to apply to the use of land for operation of a "howl," it shall be considered synonymous with the word "motel." and the same restrictions and requirements shall apply to the construction and operation of a motel

INTERESTED PARTY - In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey and, in the case of a civil proceeding in any court or in an administrative proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under the Municipal Land Use Law or whose right to use, acquire or enjoy property under the Municipal Land Use Law or under any other law of this state or of the United States has been denied, violated or infringed by an action or a failure to act under the Municipal Land Use Law

LAND - Any ground, soil or earth, including marshes, swamps, drainageways and areas not permanently covered by water, within the municipality Such term shall also include improvements and fixtures on, above or below the surface

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

LIVING FLOOR SPACE - Floor space used for general living purposes, measured from the wall exteriors Attic space with a ceiling height of seven (7) feet or more and sloping to a height at the eaves of not less than four (4) feet from the floor to the underside of the rafters may be counted as "living floor space," except that such attic space shall not be counted or used as living space for garden apartments constructed in accordance with the provisions of Article X The floor of a basement, cellar, garage, porch or similar part of or attachment to a Dwelling, and areas used for public halls or stairways in multifamily dwellings, shall not be counted as "living floor space"

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, CORNER - Any lot which occupies the interior angle of the intersection of two (2) street lines which make an angle of less than one hundred thirty-five degrees (135 degree) with each other, the owner, of a corner lot having the privilege of specifying which street line shall be deemed the front street line and being required, when requesting a building permit to so specify

LOT, DEPTH OF - The average depth measured in the mean direction of the side lot lines from the front street line to the rear lot line The rear line shall be deemed to be not further back than a line drawn parallel with the front street line, entirely on the lot, and not less than ten (10) feet long

LOT, WIDTH OF - The distance between the property side lines, measured at the building setback line as herein or otherwise established

LOWEST FLOOR - The lowest floor or 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 buildings "lowest floor," provided that such enclosure is not built so to render the structure in violation of other applicable nonelevation design requirements [Added 93-86 by Ord No 50-1986]

MAINTENANCE GUARANTY - Any security, other than cash, which may be accepted by a municipality for the maintenance of any improvements required by the Municipal Land Use Law

MAJOR SUBDIVISION - Any subdivision not classified as a minor subdivision

MANUFACTURED HOME - A structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles. [Added 3-18-87 by Ord No 5-1987]

MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION - A parcel or contiguous parcels, of land divided into two (2) or more manufactured home lots for rent or sale [Added 3-18-87 by Ord No 5-1987]

MASTER PLAN - A composite of one (1) or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to Section 19 of the Municipal Land Use Law

MINOR SUBDIVISION - Any subdivision of land containing not more than three (3) lots fronting on an existing street, which does not involve a planned development, any new street or the extension of any offtract improvement, the cost of which is to be prorated pursuant to � 134-91 of this chapter and which does not adversely affect the development of the remainder of the parcel or adjoining property and not in conflict with any other provision or portion of this chapter therein [Amended 7-7-82 by Ord No 42-1982]

MOBILE HOME [Added 6-7-78 by Ord No 21-1978, amended 9-3-86 by Ord No 50-1986, repealed 3-18-87 by Ord. No. 5-1987]

MOTEL - A series of attached, semidetached or detached Dwelling units operated as a single business, containing individual sleeping or living units with bathrooms and closet space, with or without kitchens, designed for or used to provide housing accommodations, for a consideration, to tourists, transients and travelers and held out to the public as accommodations by the day, week or month Wherever in this chapter the word "motel" appears and restrictions are set forth to apply to the use of land for the operation of a "motel," it shall be considered synonymous with the word "hotel," and the same restrictions and requirements shall apply to the construction and operation of a hotel

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

MUNICIPAL AGENCY - The Municipal Planning Board, Board of Adjustment or Municipal Council when acting pursuant to this chapter

MUNICIPAL LAND USE LAW - Refers to Chapter 291, Laws of New Jersey 1976

NEW CONSTRUCTION - Structures for which the start of construction commenced on or after June 8, 1978 [Added 6-778 by Ord No 21-1978]

NEW MOBILE HOME PARK OR MOBILE HOME SUBDIVISION [Added 9-3-86 by Ord No 50-1986, repealed 3-18-87 by Ord No 5-1987]

NURSERY SCHOOL OR DAY NURSERY - A day-care operation or school for not more than five (5) preschool-age children

OFFICIAL MAP - A map adopted in accordance with N.J.S.A 40 55D-32 et seq or any prior act authorizing such adoption Such a map shall be deemed to be conclusive with respect to the location and width of the streets and public drainageways and the location and extent of flood control basins and public areas shown thereon

OFF-SITE - Located outside the lot lines of the lot in question but within the property, of which the lot is a part, which is the subject of a development application or contiguous portion of a street or right-of-way

OFF-TRACT - Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way

ON-SITE - Located on the lot in question

ON-TRACT - Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way

OPEN PORCH OR STEPS - A porch or steps with a fixed roof no larger than six (6) feet wide by four (4) feet deep and with no side wall other than the wall of the structure to which it is attached

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

OWNER - Any individual, family group, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in land which is the subject of a development proposal

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

PLANNED DEVELOPMENT - Planned unit development, planned unit residential development or residential cluster, a as more fully defined by N.J.S.A 40 55D-6.

PLAT - A map or maps of a subdivision or site plan

PLAT, FINAL - The plat of all or a portion of the development prepared and submitted to the approving authority for final approval in accordance with Article VII and Article IX of this chapter "Final plat" shall also include and be synonymous with the term "final site plan "

PLAT, PRELIMINARY - The plat prepared and submitted to the approving authority as a part of the application for preliminary approval in accordance with Article VII and Article IX of this chapter. "Preliminary plat" shall also include and be synonymous with the term "preliminary site plan "

PLAT, SKETCH - The plat prepared and submitted to the approving authority for purposes of classification and discussion in accordance with Article VII of this chapter

PRELIMINARY APPROVAL - The conferral of certain rights pursuant to Sections 34, 36 and 37 of the Municipal Land Use Law' prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.

PRIVATE GARAGE - A garage not conducted as a business and used to house not more than three (3) vehicles, including not more than one (1) commercial vehicle.

PRIVATE SCHOOL - A duly organized school, other than a public school or a parochial school, giving regular instructions, in subjects ordinarily taught in public schools, at least five (5) days a week for eight (8) or more months a year A nursery school shall not be deemed a "private school "

PUBLIC AREAS

(1) Public parks, playgrounds, trails, paths and other recreational areas

(2) Other public open spaces

(3) Scenic and historic sites

(4) Sites for schools and other public buildings and structures

PUBLIC GARAGE - A garage conducted as a business The rental of storage space for one (1) commercial vehicle or for more than two (2) pleasure vehicles not owned by a person or persons residing on the premises shall be deemed a business use

QUARRY AND/OR QUARRY OPERATION - An open excavation where the Works are visible at the surface; a place or pit where stone, slate, marble, etc., is dug out or separated from a mass of rock [Added 6-16-82 by Ord No. 37-1982]

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

SATELLITE DISH - Any apparatus with a flat or parobolic surface which is designed for the purpose of receiving television, radio, microwave, satellite or similar electronic signals A "satellite dish" shall be deemed to be an accessory structure [Added 7-3-85 by Ord No 34-1985]

SEDIMENT - Solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site of origin by air, water or gravity as a product of erosion

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

SETBACK - The distance from the nearest part of the building [excluding an open porch or steps, and overhanging eaves of not more than two (2) feet] to the nearest part of the front property line

SIGN - Any structure either on its own supports or attached to another structure or vehicle which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as or which is in the nature of an Announcement, direction or advertisement The word "sign" includes the word "billboard" but does not include the flag, pennant or insignia of any nation, state, city or other political unit or of any political, educational, charitable, philanthropic, civic, religious or like campaign, drive, movement or event

SITE - Any plot, parcel or parcels of Land

SOIL - All unconsolidated mineral and organic material of any origin that overlies bedrock and which can be readily excavated

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

STANDARDS - The standards for sod erosion and sediment control in New Jersey as promulgated by the State Soil Conservation Committee [Added 6-7-78 by Ord No. 22-1978]

START OF CONSTRUCTION - For other than new construction or substantial improvements under the Coastal Barrier Resources Act(PL 97-348), includes substantial improvement and means the date the building permit was issued provided that the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the permit date The "actual start" means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles the construction of columns or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation Permanent construction does not include land preparation, such as clearing, grading and filling nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings 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 [Added 6-778 by Ord No 21-1978, amended 9-3-86 by Ord No 501986, 3-18-87 by Ord No. 5-1987]

STORY - That portion of a building included between the surface of any aboveground floor and the surface of the floor next above A "half story" is the area under a pitched roof at the top of a building, the floor of winch is not more than two (2) feet below the plate

STREET - Any street, avenue, boulevard, road, parkway viaduct, drive or other way which is an existing state, county or municipal roadway, which is shown upon a plat heretofore approved pursuant to law, which is approved by Official action as provided by the Municipal Land Use Law, or which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines

STREETLINE - The edge of the existing or future street right-of-way, whichever would result in the widest right-of-way, as shown as an adopted Master Plan or Official Map or as required by this chapter, forming the dividing line between the street and the lot

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

STRUCTURE - A walled and roofed building that is principally above ground, as well as a mobile home. [Added 93-86 by Ord No 50-1986]

SUBDIVISION - The division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or other divisions of land for sale or development The following shall not be considered "subdivisions" within the meaning of this chapter, if no new streets are created divisions of land found by the Planning Board or Subdivision Committee thereof to be for agricultural purposes where all resulting parcels are five (5) acres or larger in size; divisions of property by testamentary or intestate provisions; divisions of property upon court order, including but not limited to judgments of foreclosure; consolidation of existing lots by deed or other recorded instrument and the conveyance of one (1) or more adjoining lots, tracts or parcels of land owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the Planning and Development Regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map of the Township of Wayne The term "subdivision" shall also include the term "resubdivision [Amended 7-7-82 by Ord. No 42-1982]

SUBDIVISION COMMITTEE - A committee of at least three (3) Planning Board members appointed by the Chairman of the Board for the purpose of classifying subdivisions in accordance with the provisions of this chapter and having such further duties relating to land subdivision as may be conferred on this Committee by the Board.

SUBSTANTIAL IMPROVEMENT OR SUBSTANTIALLY IMPROVED [Amended 6-7-78 by Ord No 21-1978; 11-5-80 by Ord No. 92-1980] - Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structures The term does riot however, include either

(1) Any project; for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or

(2) Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places

TRANSCRIPT - A typed or printed verbatim record of proceedings or a reproduction thereof [Added 7-7-82 by Ord No. 42-1982]

YARD, FRONT - Space between the front street building setback line or front main wall of a building and the front property line

YARD, REAR - An unobstructed spare, on the same lot with a building, between the rear wall of the building and the rear Line of the lot and unoccupied except for accessory buildings and open porches which, in the aggregate, shall occupy not more than thirty-five percent (35%) of the area

YARD, SIDE - An open, unobstructed space, on the same lot with a building, between the building and the side line of the lot and extending through from the front yard to the rear yard, into which space there is no extension of building parts other than eaves with an overhang of not more than two (2) feet, rainwater leaders, windowsills and other such fixtures, bay windows not more than two (2) feet deep and ten (10) feet wide and open steps for a distance not to exceed four (4) feet

B. Words or word groups which we not defined above shall have the meanings set forth in the Municipal Land Use Law or as given in Webster's Unabridged Dictionary

CUT OR EXCAVATION - The result of any act by which soil or rock is cut into, excavated, dug, quarried, uncovered, removed, displaced or relocated

DISTURBANCE - Any activity involving the clearing, excavating, storing, filling or transporting of soil or any other activity which causes soil to be exposed to the danger of erosion, The area of lot 'disturbance' shall include all portions of a lot which will be disturbed by grading activity during construction. In addition, this area shall also include all proposed impervious cover, such as buildings, driveways and patios, even if built on existing grade, and shall also include the sewage disposal beds if any are existing or proposed Beyond the impervious cover and sewage disposal beds, the area of lot grading shall be synonymous with the limit of grading

FILL - A man-made deposit of soil, rock or other materials

GRADING - Any stripping, cutting, filling or stockpiling or any combination thereof, including the land in its cut or filled condition

LIMIT OF GRADING - The boundary line for tried between those areas of a site, which are to be graded and the existing natural topography of the property The "limit of grading" shall be synonymous with a no-cut/no-fill line

SLOPES - Degree of deviation of a surface from the horizontal, usually expressed in percent or (rise - run x 100)

STREAM - Any blue line body of water shown on United States Geological Survey maps, and any tributary with a drainage basin of ten (10) acres or greater

ACCESSORY BUILDING - A building, the use of which is customarily incidental to that of the main building and which is located on the same lot as that occupied by the main building,

ACCESSORY USE - A use, occupation or profession which

(1) Is customarily carried on in a Dwelling unit in the principal building and where the work therein shall involve principally the personal services only of the owner or occupant of the residence, and where the said office or studio shall be located on the first or street floor of the Dwelling and the area thereof shall be limited to not more than fifty percent (50%) of the first floor area

(2) Is clearly incidental and secondary to the use of the Dwelling unit for residential purposes

(3) Conforms to the following additional conditions

(a) The occupation or profession shall be carried on wholly within the principal building

(b) Said home occupation or profession, as said term is hereinafter defined in this section under the listing of 'home occupation or profession,' shall employ not more than three (3) persons, one (1) of whom may he a person who is not a member of the family

(c) There shall be no exterior display or exterior storage of materials, and no other exterior indication of the home occupation or variation from the residential character of the principal building

(d) No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced

(e) One (1) customary professional or announcement sign shall be permitted of not over two (2) square feet in area if attached to the main wall of the Dwelling, provided that no such sign shall be illuminated, or of not over one (1) square foot in area if mounted on a lamppost provided that such lamppost is set back from the front property line at least five (5) feet

ACT - The Fair Housing Act of 1985, c 222 (N.J.S.A 52 27D-301 et seq) [Added 12-16-1992 by Ord. No. 75-1992]

AFFORDABLE - A sales price or rent within the means of a low or moderate-income household as defined in N.J.A.C 5 92-12, Controls on Affordability

ADULT BOOKSTORE - A person, establishment or business, whether retail or wholesale, having more than twenty-five percent (25%) of its stock-in-trade, recordings, books, magazines, periodicals, films, video tapes/cassettes or other viewing materials for sale or viewing on or off the premises, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas, as hereinafter defined (Added 8-24-1994 by Ord. No. 66-1994]

ADULT MOTION-PICTURE THEATER - An enclosed or unenclosed building, structure or portion thereof used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as hereinafter defined for observation by patrons [Added 8-24-1994 by Ord. No 66-1994]

ADULT ENTERTAINMENT CABARET - [Added 8-24-1994 by Ord. No. 66-1994] - A public or private establishment, including but not limited to a nightclub, bar, restaurant, club or other commercial establishment, which permits, presents, suffers or allows any of the following

(1) Persons who appear in a state of nudity for entertainment

(2) Live performances which are characterized by the exposure of specific anatomical areas or by specific sexual activities, including

(a) Specific anatomical areas

[1] Human genitals, pubic region

[2] Buttocks

[3] Female breasts below a point immediately above the areola.

(b) Specific sexual activities

[1] Human genitals in a state of sexual stimulation or arousal.

[2] Acts of human sexual intercourse

[3] Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.

[4] Actual or simulated sexual acts.

ALTERATION OF BUILDING - Any change in supporting members of a building, except such change as may be required for its safety, any addition to a building-, any change in use from one district classification to another, or removal of a building from one location to another

ANTENNA [Added 6-21-1995 by Ord. No 15-1995] Any device specifically designed for the reception or transmission, or both, of microwave radio frequency signals

(1) ANTENNA SUPPORT - Any mechanical or structural elements whose specific purpose is to support and maintain an antenna at an elevated point

(2) COMMERCIAL ANTENNAE - Any combination of antenna support, accessory structures and buildings and antennae designed in whole or in part for the reception and/or transmission of radio frequency energy as a part of a licensed radio, television or microwave facility employed for commercial use, including cellular telephone antennae 'Commercial antennae' shall include such services as are employed by nonprofit or religious stations not licensed under the amateur or CB regulations of the Federal Communications Commissions

(3) HEIGHT- The 'height' of any antenna, when required to he measured from ground level, shall be measured from the mean grade of the surrounding terrain to a radius of fifty (50) feet and up to and including the highest point of the antenna or antenna support, whichever is more elevated 'Height' from ground level shall be measured from mean surface grade ground level regardless of whether or not the antenna support is mounted on an existing structure or extends to ground level. Height, when required to be measured from the roofline, shall he measured from the exterior surface of the roof covering the top floor of the building, but shall not include any penthouse, structure or enclosure, utilized solely for the housing of heating, ventilating, air-conditioning, elevator or other utility facilities [Amended 5-15-1996 by Ord No 44-1996]

(4) FCC APPLICATION - Includes any application or other request to the Federal Communications Commission for a license, certificate, waiver, special temporary authorization or any other instrument of authorization issued by the FCC pursuant to Title I and/or Title II of the Communications Act of 1934

(5) FCC FILING - Includes any application, including all attachments, exhibits, appendices, memoranda, amendments, supplements and comments, correspondence (addressed to the Commission, individual comments or objections of other parties, including but not limited to informal objections, petitions to deny, proposed findings of fact, conclusions of law and briefs on appeal), initial decisions of administrative law judges, decision of Commission, notices of appeal, briefs (including other documents on appeal) and all other matters

(6) PERSONAL COMMUNICATIONS ANTENNA An antenna used exclusively for the reception and transmission of radio frequency signals by an individual or association licensed under 47 CFR, Part 95 (Citizens Band), of the regulations issued by the FCC or any amendments, revisions or substitutions resulting therefrom

(7) RADIATING ELEMENT - The part of an antenna which is connected to the transmission line and directly radiates electromagnetic energy into space

ATTIC : That part of a building that is immediately below and wholly or partly within the roof framing.

**Webmasters Note: The previous defintion has been added as per Ordinance No. 45-2006

BLOCK - The length of a street between two (2) street intersections or a distance of one thousand (1,000) feet from the nearest street intersection

BUFFER AREA - A strip of land which separates commercial, office or industrial-type districts from adjoining residential districts so as to allow adequate screening of view, noise or activity taking place within these districts from adjoining residences Within any such "buffer area," no buildings, structures, driveways parking or loading areas or other use of the land shall be permitted [Added 5-17-1967 by Ord No. 1-1967]

BUILDING - Any structure built for the support shelter or enclosure of persons, animals, chattels fixtures or movable property of an), kind and which is permanently affixed to the land [Added 5-17-1967 by Ord. No. 1-1967, amended 3-5-1969 by Ord. No 14-1969]

CELLAR : A space having less than one-half of its floor-to-ceiling height above the averaged finished grade of the adjoining ground or with a floor-to-ceiling height of less than seven feet where such space is intended primarily for storage and is not used for habitation.

**Webmasters Note: The previous definiton has been added as per Ordinance No. 45-2006

CENTER LINE OF STREET - A line midway between and parallel to the two (2) street or property lines

COGENERATION FACILITY - Equipment consisting of oil or gas-fired internal-combustion engines (said term not to include diesel engines) used to produce electric energy and forms of thermal energy, such as heat or steam, which are used for industrial, commercial heating or cooling purposes, through the sequential use of energy (Added 8-20-1980 by Ord No 69-1980]

COMMON OPEN SPACE - An open space area within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development "Common open space" may contain such complementary structures and improvements as are necessary and appropriate for me use or enjoyment of residents and owners of the development [Added 12-2-1992 by Ord. No. 70-1992]

CONSERVATION EASEMENT - An easement restriction placed on a lot or portion of a lot or land assuring that said land will remain in its natural state No structures shall be permitted to be constructed on or occupy the area The areas may be used for passive recreation only [Added 12-2-1992 by Ord. No. 70-1992]

CONTINUING CARE RETIREMENT COMMUNITY OR CCRC - An age-restricted facility consisting of a mix of independent living units and/or "assisted living units," defined as either residential health-care facility units or boardinghouse Class C units, and related social, recreational and dining facilities and a health-care center which may include an outpatient clinic, therapy areas, the assisted living units and the long-term care facility The "CCRC" shall include a long-term care facility The units may be condominiums, cooperatives, an endowment and monthly service fee facility or rentals [Added 5-5-1993 by Ord. No. 29-1993]

CORNER LOT - Any lot which occupies the interior angle of the intersection of two (2) street lines which make an angle of less than one hundred thirty-five degrees (135 ) with each other, the owner of a "corner lot" having the privilege of specifying which street line shall be deemed the front line and being required, when requesting a building permit, to so specify

COUNCIL OR COAH - The New Jersey Council on Affordable Housing established under the Act and which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning considerations in this state [Added 12-16-1992 by Ord. No. 75-1992]

COURT - An unoccupied open space other than a yard An "outer court" is one which extends to the street or to the front or rear yard An "inner court" is any other "court"

ENVIRONMENTAL CONSTRAINTS - Features, natural resources or land characteristics that are sensitive to improvements and may require conservation measures or the application of creative development techniques to prevent degradation of the environment or may require limited development or in certain instances may preclude development [Added 12-2-1992 by Ord. No. 70-1992]

FAIR SHARE HOUSING PLAN - That plan or proposal which is in a form that may readily be converted into an ordinance, by which the Township of Wayne proposes to satisfy its obligation to create a realistic opportunity to meet its fair share of the low and moderate-income housing needs of its region and which details the affirmative measures the township proposes to under-take to achieve its fair share of low and moderate-income housing, as provided in Sections 9 and 14 of the Act' [Added 12-16-1992 by Ord. No. 75-1992]

FAMILY - One (1) or more persons living together as a single nonprofit housekeeping unit whose relationship is of a permanent and domestic character, as distinguished from fraternities, sororities, societies, clubs and associations Nothing herein contained shall be deemed to interfere with or restrict the placement of children in a group home pursuant to N.J.S.A 40 55D-66 or any other use of single-family Dwelling protected by state statute "Family" shall not include commercial residences, nonfamiliar institutional uses, boarding homes and other such occupancies [Amended 3-17-1982 by Ord. No. 12-1982]

FLOOR AREA RATIO : The ratio of the gross floor area to the lot area.

**Webmasters Note: The previous definition has been added as per Ordinance No. 45-2006

FRONT STREET - Any street upon which the majority of lots within a block are fronted or any street so designated by the Municipal Council

FRONT STREET BUILDING LINE - The line to which the principal building must conform in its setback from the front street line

FRONT YARD - Space between the building line or front main wall of a building and the front property line

GROSS DENSITY - The total number of Dwelling units existing or permitted on a housing site divided by the total area of the tract The result is expressed as Dwelling units per acre [Added 12-16-1992 by Ord. No. 75-1992]

GROSS FLOOR AREA : As applied to detached single family dwelling units, all floor areas of the principal residential building, including but not limited to habitable basements, cellars or attics, but excluding open porches, cellars, crawl spaces, unenclosed decks, breezeways, imaginary/intermediate floor levels below cathedral ceilings, garages and any non-inhabitable areas. A non-inhabitable area shall be one that does not have direct walk-in access and a maximum ceiling height of seven (7) feet over an area (room) of at least 70 square feet. As applied to commercial structures gross floor area shall include all useable floor area including stairwells, lavatories and utility spaces with the exception that cellar area below grade used exclusively for storage shall not be included within the calculation

HABITABLE ATTIC SPACE : attic space that has a stairway as a means of access and egress and in which the ceiling area at a height of seven feet above the attic floor is not more than one-third of the new floor below. Habitable Attic Space is served by a heating system and includes but is not limited to space used for living, sleeping, eating or cooking, as well as bathrooms and toilet rooms. Unheated storage and utility spaces are not considered Habitable Attic Space.

HABITABLE BASEMENT : A space having one-half or more of its floor-to-ceiling height above the average level of the adjoining ground of at least four feet and with a floor-to-ceiling height of not less than seven (7) feet.

**Webmasters Note: The previous definitions has been added as per Ordinance No. 45-2006

HEIGHT OF BUILDING - The vertical distance measured from the average ground level at the sides of the building to the extreme high point of the building, exclusive of chimneys and similar fixtures

HELISTOP - An area of defined dimensions designated for the occasional landing and takeoff of helicopters but not used solely for that purpose (Examples parking lots, golf courses, parks, recreational athletic field, etc )

HELISTOP, PRIVATE - An area of defined dimensions designated for the landing and takeoff of helicopters and used solely for that purpose Such area shall be limited to the operation of helicopters which are owned or controlled by the owner or the occupant of the premises or by guests or patrons of such owner-occupant Such area may not include any refueling, maintenance, repair or hangar facilities, except that a tie-down area may be provided for and limited to the accommodation of a single aircraft

HOME OCCUPATION OR PROFESSION (referred to under the definition of "accessory use") Includes the office or studio of a resident physician, surgeon, dentist, lawyer, architect, engineer, professional artist, accountant, real estate agent, insurance broker or similar professional person as hereinafter restricted in this definition, also, day-care operation for not more than five (5) preschool children, individual dancing instructions, individual instrumental instructions or individual voice instructions, and also the office of a tradesman whose field of activity is entirely away from home, including building contractors, and others The handling or storage of materials on such premises shall not be an accepted use. "Home occupation or profession," referred to under the definition of "accessory use," shall not include or be deemed to include the office of a person professionally engaged in the purchase, manufacture or sale of goods kept or displayed on the premises tearooms, tourist lodges, boarding or lodging houses, beauty parlors, barbershops; hairdressing and manicuring establishments, restaurants, commercial stables and kennels, veterinarian offices, convalescent homes, mortuary establishments, and stores, trades, hobby shops or businesses of any kind not herein excepted Notwithstanding anything to the contrary in this definition, the home professional office of a physician shall not include a biological or other medical testing laboratory [Amended 3-2-1966 by Ord. No. 5-1966; 3-20-1974 by Ord. No. 31-1974]

HOSPITAL - An institution providing health services primarily for human inpatient medical or surgical care for the sick or injured, and including related facilities such as laboratories, outpatient departments, training facilities, central services facilities and staff offices that are an integral part of the facilities [Added 5-5-1993 by Ord. No. 29-1993]

HOTEL - A series of attached, semiattached or detached Dwelling units operated as a single business, containing individual sleeping or living units with bathrooms and closet space, with or without kitchens, designed for or used to provide housing accommodations, for a consideration, to tourists, transients and travelers, and held out to the public as accommodations by the day, week or month Wherever in this chapter the word "hotel" appears and restrictions are set forth to apply to the use of land for the operation of a "hotel," it shall be considered synonymous with the word "motel," and the same restrictions and requirements shall apply to the construction and operation of a motel

HOUSING ELEMENT - That portion of Wayne Township's Master Plan, consisting of reports, statements, proposals, maps, diagrams and text, designed to meet the township's fair share of its region's present and prospective housing needs, particularly with regard to low and moderate-income housing, as further described and defined by N.J.A.C 5 92-14 [Added 12-16-1992 by Ord. No. 75-1992]

IMPERVIOUS COVERAGE : That percentage of the plot or lot area covered by all impervious surfaces including, but not limited to, buildings and structures, parking areas, driveways, tennis courts, patios, decks, swimming pools, walkways and retention and detention basins. Surfaces such as laid stones, slate or timber with open joints, shall constitute 50 percent of impervious surface coverage. Surfaces such as gravel, loose stones, special paver stones with voids for grass, and timber decks with open joints shall constitute 25 percent impervious surface coverage.

**Webmasters Note: The previous definition has been added as per Ordinance No. 45-2006

INCLUSIONARY DEVELOPMENT - A residential housing development in which a substantial percentage of the housing is provided for a reasonable income range of low and moderate-income households The term may also mean housing developments comprised completely of low and moderate-income units [Added 12-16-1992 by Ord. No. 75-1992]

LIVING FLOOR SPACE - Floor space used for general living purposes, measured from the wall exteriors Attic space with a ceiling height of seven (7) feet of more and sloping to a height at the eaves of not less than four (4) feet from the floor to the underside of the rafters may be counted as "living floor space," except that such attic space shall not be counted or used as living space for garden apartments constructed in accordance with the provisions of Article VIII The floor of a basement or cellar, garage, porch or similar part of or attachment to a Dwelling, and areas used for public halls or stairways in multifamily dwellings shall not be counted as "living floor space "

LOT - A unit of land subdivision, as shown on the Wayne Township Assessment Map, occupied by or which may be occupied by a building and accessory building and including yards or other open spaces required by this chapter

LOW-INCOME HOUSING - Housing that is affordable according to the United States Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to fifty percent (50%) or less of the median gross household income for households of the same size within the housing region in which the housing is located and that is subject to affordability controls [Added 12-16-1992 by Ord. No. 75-1992]

MASSAGE PARLOR - An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment or similar treatment or manipulation of the human body is administered by an individual who is not a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the state This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service [Amended 8-24-1994 by Ord. No. 66-1994]

MODERATE-INCOME HOUSING - Housing that is affordable according to the United States Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to or more than fifty percent (50%) but less than eighty percent (80%) of the median gross household income for households of the same size within the housing region in which the housing is located and that is subject to affordability controls [Added 12-16-1992 by Ord. No. 75-1992]

MOTEL - A series of attached, semiattached or detached Dwelling units operated as a single business, containing individual sleeping or living units with bathrooms and closet space, with or without kitchens, designed for or used to provide housing accommodations, for a consideration, to tourists, transients and travelers, and held out to the public as accommodations by the day, week or month Wherever in this chapter the word .motel' appears and restrictions are set forth to apply to the use of land for the operation of a 'motel,' it shall be considered synonymous with the word 'hotel' and the same restrictions and requirements shall apply to the construction and operation of a hotel

MULTIFAMILY UNIT - A structure containing two (2) or more Dwelling units [Added 12-16-1992 by Ord. No. 75-1992]

MULTIPLE-FAMILY DWELLING - Any building under a single roof, with or without fire wall partitions, designed for occupancy by two (2) or more households living as families

NURSERY SCHOOL OR DAY NURSERY - A day-care operation or school for more than five (5) pre-school-age children [Added 3-2-1966 by Ord. No. 5-1966]

NURSING HOMES - Any institution, whether operated for profit or not, which maintains and operates facilities for extended medical and nursing treatment or care for two (2) or more nonrelated individuals who are suffering from acute or chronic illness or injury, or are crippled, convalescent or infirm, and are in need of such treatment or care on a continuing basis 'Infirm" is construed to mean that an individual is in need of assistance in bathing, dressing or some type of supervision, but not primarily designed to serve the mentally ill or those suffering from a communicable or contagious disease or those addicted to narcotics or addicted to alcohol [Added 5-5-1993 by Ord. No. 29-1993]

OPEN PORCH OR STEPS - A porch or steps with a fixed roof no larger than six (6) feet wide by four (4) feet deep and with no sidewall other than the wall of the structure to which it is attached

PEEP SHOWS - A theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged, depicting, describing or relating to specific sexual activities or specific anatomical areas for observation by patrons (Added 8-24-1994 by Ord. No. 66-1994]

PLACE OF WORSHIP - A building, including a temple, church, mosque or other place of religious worship, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by an organized religious body [Added 8-24-1994 by Ord. No. 65-1994]

PLOT - Land consisting of two (2) or more contiguous lots or tracts shown on the records of Passaic County and under the same ownership

PRIVATE CONSERVATION OPEN SPACE - An open space (land area) within a development site lot or part of a lot within a development, which area shall be left in its natural state and may be used for passive recreation only [Added 12-2-1992 by Ord. No. 70-1992]

PRIVATE GARAGE - A garage not conducted as a business and used to house not more than three (3) vehicles, including not more than one (1) commercial vehicle

PUBLIC OPEN SPACE - Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings/structures, streets and off-street parking arid other improvements that are designed to be incidental to the natural openness of the land [Added 12-2-1992 by Ord. No. 70-1992]

QUARRY AND/OR QUARRY OPERATION - An open excavation where the works are visible at the surface a place or pit where stone, slate, marble, etc, is dug out or separated from a mass of rock. ]Added 6-16-1982 by Ord. No 36-1982]

REAR YARD - An open space on the same lot with a building between the rear wall of the building and the rear line of the lot and unoccupied except for accessory buildings and open porches which, in the aggregate shall occupy not more than thirty-five percent (35%) of the area

RESTRICTED - Restricted for occupancy by a class of individuals by virtue of legally enforceable conditions contained within a deed or other duly recorded document [Added 12-16-1992 by Ord No. 75-1992]

SATELLITE DISH - Any apparatus with a flat or parabolic surface which is designed for the purpose of receiving television, radio, microwave, satellite or similar electronic signals A "satellite dish" shall be deemed to be an accessory structure [Added 6-19-1985 by Ord. No. 30-1985]

SEMI FIREPROOF CONSTRUCTION - That in which the structural members are of approved noncombustible construction having the necessary strength and stability and fire-resistance ratings of not less than four (4) hours for exterior nonbearing walls and wall panels, not less than three (3) hours for columns and for wall-supporting girders and trusses and not less than two (2) hours for floors, for roofs and for floors and floor-supporting beams, girders and trusses, and in which the exterior and interior bearing walls, if any, are of approved masonry or reinforced concrete

SET-ASIDE - The percentage of housing units devoted to low and moderate-income households within an inclusionary development [Added 12-16-1992 by Ord. No. 75-1992]

SETBACK - The distance from the nearest part of the building [excluding an open porch or steps and overhanging eaves of not more than two (2) feet] to the nearest part of the front property line

SIDE YARD - An open unobstructed space on the same lot with a building, between the building and the side line of the lot and extending through from the front to the rear yard, into which space there is no extension of building parts other than eaves with an overhang of not more than two (2) feet, rainwater leaders, windowsills and other such fixtures, bay windows not more than two (2) feet deep and ten (10) feet wide and open steps for a distance not to exceed four (4) feet

SIGN - Any structure, either on its own supports or attached to another structure or vehicle, which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as or which is in the nature of an announcement, direction or advertisement The word "sign" includes the word "billboard," but does not include the flag, pennant or insignia of any nation, state, city or other political unit or of any political, educational, charitable, philanthropic, civic, religious or like campaign, drive, movement or event

SINGLE-FAMILY DWELLING - A detached house, equipped with cooking facilities for and design for the use of a single household, including one (1) or more people living as a family.

**Webmasters Note: The previous definition has been amended as per Ordinance No. 20-2005.

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 and including habitable basement space and attic space

**Webmasters Note: The previous definition has been amended as per Ordinance No. 45-2006

STORY, HALF : A space under a sloping roof that has the line of intersection of the roof and wall face not more than three feet above the floor level and in which space the possible floor area and head room of five feet or less occupies at least 50 percent of the floor area of the story directly beneath

**Webmasters Note: The previous definiton has been added as per Ordinance No. 45-2006

STREET LINE OR ROAD LINE - The right-of-way line of a street, road or other public thoroughfare, publicly or privately owned, as shown on the records of Passaic County or as otherwise legally established

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.

**Webmasters Note: The previous definition has been added as per Ordinance No. 33-2003.

TEMPORARY SIGN -- A sign, banner, pennant, poster, advertisement, bill, placard, or streamer displayed for the purpose of conveying information, expressing an opinion or publicizing an event which is rendered moot or otherwise loses its informational quality by the passing of an event which is the subject matter of such sign, poster, advertisement, bill, placard or streamer.

**Webmasters Note: The previous definition has been added as per Ordinance No. 23-2003.

TEMPORARY STRUCTURE - A structure without any foundation or footings and that is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased including but not limited to tents and accessory sheds 100 square feet or less.

**Webmasters Note: The previous definition has been added as per Ordinance No. 33-2003.

WIDTH OF LOT - The distance between the property side lines, measured at the building setback line as herein or otherwise established

ADDITION - The construction of a new improvement as part of an existing improvement when such new improvement changes the exterior appearance of any landmark

ADMINISTRATIVE OFFICER - The person designated by the Administration to handle the administration of building permit applications as referenced in this Article

AFFECTING A LANDMARK OR HISTORIC DISTRICT - Any act which alters or changes a historic landmark or an improvement within an historic district.

ALTERATION - Any work done on any existing improvement which

A. Is not an addition to that improvement, or

B. Changes the appearance of the exterior surface of any improvement.

BUILDING - Any structure or extension thereof or addition thereto having a roof supported by such things as columns, posts, piers or walls and intended for the shelter, business, housing or enclosing of persons, animals or property.

DEMOLITION - The partial or total razing or destruction of any landmark or of any improvement within an historic district

HISTORIC DISTRICT - A geographically definable area, urban or rural, small or large, possessing significant concentration, linkage or continuity of sites, building structures and/or objects which, when viewed collectively

A. Represents a significant period in the development of the township,

B. Has a distinctive character resulting from its architectural style, or

C. Because of its distinctive character can readily be viewed as an area or neighborhood distinct from surrounding portions of the township

HISTORIC LANDMARKS ( OR LANDMARK) - Any buildings, structures, sites, objects or districts which possess integrity of location, design, setting, materials, workmanship or association and which have been determined, pursuant to the terms of this Article, to be

A. Of particular historic significance to the Township of Wayne by reflecting or exemplifying the broad cultural, political, economic or social history of the nation, state or township,

B. Associated with historic personages important in national, state or township history,

C. The site of an historic event which had a significant effect on the development of the nation, state or township,

D. An embodiment of the distinctive characteristics of a type, period or method of architecture or engineering,

E. Representative of the work of an important builder, designer, artist or architect.

F. Significant for containing elements of design, detail, materials or craftsmanship which represent a significant innovation, or

G. Able or likely to yield information important in prehistory or history

HISTORIC PRESERVATION ADVISORY COMMITTEE - The body which, for the purposes of this Article, acts as the Historic Preservation Commission as cited in the Municipal Land Use Law, N.J.S.A 40 55D-1 et seq

IMPROVEMENT - Any structure or any part thereof constructed or installed upon real property by human endeavor and intended to be kept at the location of such construction or installation for a period of not less than one hundred twenty (120) continuous days,

OBJECT - A thing of functional, aesthetic, cultural, historical or scientific value that may be, by nature or design, movable yet related to a specific setting or environment.

REPAIR - Any work done on any improvement which

A. Is not an addition to the improvement, and

B. Does not change the appearance of the exterior surface.

REPLACEMENT - Repairs when a building permit is required for same.

RESOURCES WITHIN AN HISTORIC DISTRICT - Classified as either key, contributing or noncontributing, which are defined as

KEY - Any buildings, structures, sites or objects when, due to their significance, would individually qualify for landmark status

CONTRIBUTING - Any buildings, structures, sites or objects which are integral components of the historic district either because they date from a time period for which the district is significant or because they represent an architectural type, period or method for which the district is significant

NONCONTRIBUTING - Any buildings, structures, sites or objects which are not integral components of the historic district because they neither date from a time period for which the district is significant nor represent an architectural type, period or method for which the district is significant

SITE - The place where a significant event or pattern of events occurred It may be the location of prehistoric or historic occupations or activities that may be marked by physical remains, or it may be the symbolic focus of a significant event or pattern of events that may not have been actively occupied A site may also be the location of a ruined building, structure or object if the location itself possesses historic, cultural or archeological significance

STRUCTURE - Any man-made work arranged in a definite pattern of organization