The purposes of this chapter are to establish a pattern for the use of land and buildings based on the land use element of the Master Plan and to effectuate the Master Plan, and this chapter has been enacted in order to encourage municipal action to guide the appropriate development of land in a manner which will promote the public health, safety, morals and general welfare of the people This chapter is intended to regulate the use of land within zoning districts, secure safety from fire, flood, panic and other natural and man-made disasters, provide adequate light, air and open space, limit and restrict buildings and structures to specified districts; regulate buildings and structures according to their type and the nature and extent of their use, regulate the nature and extent of the use of land for trade, industry, residence, open space or other purposes, regulate the bulk, height, number of stones and size of buildings and other structures, avoid a conflict with the development and general welfare of neighboring municipalities, the county and the state, establish appropriate population densities and concentrations contributing to the well-being of persons, neighborhoods, communities and regions and the preservation of the environment, provide sufficient space for agricultural, residential, recreational, commercial and industrial uses and open space, encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging the location of such facilities and routes which result in congestion or blight, promote a desirable visual environment, promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land, provide procedures for planned developments which incorporate the best features of design and relate the type, design and layout of residential and recreational development to the particular site, and encourage coordination of various public and private procedures and activities shaping land development with a view to lessening the cost of such development and to the more efficient use of land
As used in this chapter, the following terms shall have the meanings indicated
A. The term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action all words defined in this section are underlined throughout the chapter.
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
