ACCESSORY STRUCTURE - A subordinate structure on the same lot as a related principal structure. When an accessory structure abuts or is attached to a principal structure in a substantial manner, by a wall or roof, such accessory structure shall be considered part of the principal structure.
ACCESSORY USE - See, Use, Accessory.
ADDITION - Any construction that increases the size of a building or structure in terms of site coverage, height, length, width or gross floor area.
AFFORDABLE HOUSING - A unit with a sales price or rent within the means of a low or moderate income household as defined in N.J.A.C. 5:94-7.
AGRICULTURE - The cultivation of the soil and the raising and harvesting of the products of the soil, including, but not limited to, nursery, horticulture, forestry and animal husbandry, whether for profit, private or personal use.
AGRICULTURE ACTIVITY - Farming, including plowing, tillage, cropping, seeding, cultivating, or harvesting for the production of food and fiber products (except commercial logging and timber harvesting operations); the grazing or raising of livestock (except in feed yards); aquiculture; sod production, orchards, Christmas tree plantations and nurseries.
AGRICULTURE USE - The use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, silviculture, and animal/poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities.
AIRPORT - A facility where aircraft or airborne vehicles, of all types, land and take off and which may provide storage, maintenance and fuel services for such aircraft and which, as to design, surface, maintenance, repair and management thereof meets the minimum requirements of, and is licensed pursuant to N.J. S.A. 6:1-1 et. seq., whether such facility be public or private. The term "airport" shall include airstrip, airfield, landing field, landing strip, heliport, helistop and all other like facilities.
ALLEY - A right-of-way, dedicated to public uses, which gives a primary or secondary means of vehicular access to the rear or side of properties otherwise abutting a street, and which may be used for public vehicular or utility access.
ALTERATION - Any enlargement; addition; relocation; repair; remodeling; change in number of living units; development of or change in an open area; development of or change in a sign, by painting or otherwise; or other change in a facility, but excluding painting except as provided above for signs; ordinary maintenance for which no building permit is required; and demolition or removal.
ANIMAL, DOMESTIC - Any animal customarily kept by humans for companionship, including but not limited to dogs, cats, hamsters, birds, rabbits and the like.
ANIMAL, LARGE - Cattle, horses, mules, sheep, goats, pigs, llamas, beasts ofburden, or any other animal not considered a domestic animal.
ANIMAL HOSPITAL - A place where animals or pets are given medical or surgical treatment. The keeping or boarding of animals shall be necessary to and incidental to such hospital use.
ANTIQUE SHOP - Any premises used for the sale or trading of articles of which 80 percent (80%) or more are over 50 years old and have collectible value. Antique shop does not include "secondhand store."
APARTMENT OR APARTMENT UNIT - See Dwelling Unit, types.
APPLICANT - The party applying for permits or other approval required by this chapter.
APPLICATION - The completed form or forms and all accompanying documents, exhibits, and fees required of an applicant by the Land Use Board of the Township for development review, approval, or permitting purposes.
APPROVAL, FINAL - The official action of the Land Use Board taken on a preliminarily approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.
APPROVAL, PRELIMINARY - The conferral of certain rights pursuant to N.J. S.A. 40:55D-46, 48 and 49, prior to final approval after specific elements of a development have been agreed upon by the Land Use Board and the Applicant.
APPROVING AUTHORITY - The Land Use Board of Lafayette Township as designated by ordinance unless a different agency is designated by ordinance when acting pursuant to the authority of N.J. S.A. 40:55D-1 et. seq.
AQUIFER - A saturated geologic formation that will yield a sufficient quantity of water to serve as a private or public water supply.
ARCADE - A continuous passageway parallel to and open to a street, open space or building, usually covered by a canopy or permanent roofing, and accessible and open to the public.
**Webmasters Note: The previous definition has been added by Ordinance No. 2007-20, effective December 18, 2007.
ARCH - A curved structure in a vertical plane capable of spanning a space or opening while supporting significant weight.
**Webmasters Note: The previous definition has been added by Ordinance No. 2007-20, effective December 18, 2007.
AREA, GROSS - See Gross Area.
ASCE - American Society of Civil Engineers.
ASTM - American Society for Testing Materials, Philadelphia.
AUCTION - Any sale where tangible personal property is sold by an auctioneer who is either the agent for the owner of such property or is in fact the owner thereof.
AUCTION HOUSE - A building, area, or areas within a building used for the public sale of goods, wares, merchandise, or equipment to the highest bidder.
AUTOMOBILE - Every vehicle, except motorcycles, designed for carrying 10 passengers or less and used for the transportation of people.
AUTOMOBILE BODY SHOP - A facility which provides collision repair services, including frame straightening, replacement of damaged parts, and painting. Body and frame repair does not include mechanical engine or power train repair.
AUTOMOBILE SERVICE STATION - See Motor Vehicle Service Station.
AWWA - American Water Works Association.
BANK - See Financial Institutions.
BASEMENT - A space having one-half or more of its floor to ceiling height above the average level of the adjoining ground and with a floor-to-ceiling height of not less than six and one-half (6-1/2') feet.
BED AND BREAKFAST - Overnight accommodations and a morning meal in a dwelling unit provided to transients for compensation.
BEDROOM - A room intended for sleeping. Any room designated on the building plan, submittals as a den, library, study, loft or other extra mom will be considered to be a bedroom for the imposes of this ordinance.
BERM - A man-made mound of earth in excess of two feet in vertical height used to shield or buffer properties from adjoining uses, highways, or noise, or to control the direction of surface water flow.
BOARD - Shall mean the Lafayette Land Use Board.
BOARDER - A person who resides in a dwelling who is not a member of the family unit that is the primary occupant of the dwelling, and who pays for or performs services in exchange for such occupancy. A boarder does not include a person who has separate cooking facilities made available to him.
BOARDING HOUSE - A single-family dwelling where more than two, but fewer than 6 bedrooms are provided for lodging for definite periods of times. Meals may or may not be provided, but there is one common kitchen facility. No meals are provided to outside guests.
BODY SHOP, AUTOMOTIVE - See Automobile Body Shop.
BUFFER AREA - An area of land, including landscaping, berms, fences, and building setbacks, that is located between land uses of different character and is intended to mitigate impacts of the more intense use on a residential or vacant parcel.
**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.
BUILDABLE AREA - The space remaining on a lot after the minimum open space and offsets are considered and after compliance with setback requirements; excepting any environmentally sensitive areas and environmentally critical areas or similarly designated buildable lands.
BUILDING - A structure enclosed within exterior walls, built, erected, and framed with a combination of materials having a roof to form a structure for the shelter of persons, animals or property.
BUILDING HEIGHT - The height to be measured from the lowest level of natural grade abutting the building; or in the case of a door or garage floor level below the first floor level of a building or structure, from the bottom of the door sill and level floor therefrom, or from the garage floor to the top most gable, peak or flat roof top, whichever height is most high, providing that the highest elevation is not more than would be if measured from the natural grade to the top most peak, gable or flat roof top. Height of building or structure not to exceed 35 feet.
BUILDING LINE - The building line is the inner edge of any required yard or required setback, and the corresponding outer edge of the buildable area. Except as specifically provided by this ordinance, no portion of any building or structure may be extended to occupy any portion of a lot outside its building lines.
BUILDING, MAIN OR PRINCIPAL - a building in which is conducted the main or principal use of the lot on which the building is located.
BUILDING PERMIT - A permit issued by the duly designated building official authorizing the erection, construction, reconstruction, alteration, repair, conversion, or maintenance of any building, structure, or portion thereof. Such a permit shall not be issued without the signature of the zoning official or designee, certifying compliance with this ordinance.
BUSINESS OFFICE - see Office, Business
**Webmasters Note: The previous definition has been added by Ordinance No. 2007-20, effective December 18, 2007.
CAMP, DAY OR YOUTH - A parcel of land devoted to primarily outdoor recreation uses not including overnight accommodations for the users.
CAMPING VEHICLE - A portable structure, or a wheel-based structure built on a chassis, which is self-propelled or ,designed to be transported by tractors or carried as a self-propelled vehicle, and which is designed and intended to be used as a temporary dwelling for travel, recreation or vacation. purposes. The term "camping vehicle" shall include the following:
a. Travel Trailer - a wheel-based vehicle built on a chassis designed to be hauled by traction which has a body width not exceeding eight (8') feet and a body length not exceeding 24 feet.
b. Pickup Coach - A structure designed primarily to be mounted on a pickup or truck chassis and for use as a temporary dwelling for travel, recreational, and vacation uses.
c. Motorized Home - A temporary dwelling designed and constructed as an integral part of a self-propelled vehicle. (See also Trailer.)
CARPORT - A permanent roofed structure permanently open on at least two sides, designed for or occupied by automobiles.
CARTWAY - The actual road surface area from curb line to curb line which may include travel lanes, parking lanes, and deceleration and acceleration lanes. Where there are no curbs, the cartway is that portion between the edges of the paved, or hard surface, width.
CELLAR - A space with less than one-half (1/2) of its floor-to-ceiling height above the average finished grade of the adjoining ground or with a floor-to-ceiling height of less than six and one-half (6 1/2') feet. (Comment: Cellars should be used only for mechanical equipment accessory to the principal structure or for unhabitable space. As such they are not counted as a story or in the computation of the intensity of land use, such as floor area ratio.)
CEMETERY - Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes including columbariums, crematoriums, and mausoleums, when operated in conjunction with and within the boundary of such cemetery.
CERTIFICATION OF OCCUPANCY - A document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in ,compliance with all applicable federal, state and municipal codes and ordinances.
CHILD CARE CENTER - An establishment providing for the care, supervision, and protection of children; but not a preschool.
CHURCH - Land and buildings devoted to and used for worship or asylum and entitled to exemption from taxation, pursuant to the provisions of N.J. S.A. 54:4-3.6.
CIRCULATION - Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes. and conduits, and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or trans-shipment points.
CLINIC, MEDICAL OR DENTAL - A facility operated by one or more physicians, dentists, chiropractors or other licensed practitioners of the healing arts for the examination and treatment of persons solely on an outpatient basis.
CLUSTER - A development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive, areas.
CLUSTER SUBDIVISION - A form of development for single family residential subdivisions that permits a reduction in lot area and bulk requirements, provided there is no increase in the number of lots permitted under a conventional subdivision and the resultant land area is devoted to open space.
COFFEE SHOP - An informal restaurant primarily offering coffee, tea and other beverages, and where light refreshments may also be served. No goods will be sold to customers from a drive- through window.
COMMERCIAL USE - Any use involving in part or in whole the sale of merchandise, materials or services for profit.
COMMERCIAL VEHICLES - Trucks, buses, sedan delivery vehicles, station wagons, minivans or sport utility vehicles or any other commercially used vehicles subject to that licensing designation under N.J. S A. 39:1-1 et. seq.
COMMON OPEN SPACE - An open space area within or related to a site designated as a development, and designed and intended for the use and enjoyment of residents and owners of the development. Common open space may contain such complementary structures or improvements as are necessary and appropriate for the benefit and enjoyment of residents and owners of the development, as permitted.
COMMON OR PARTY WALL - A vertical wall and/or horizontal separation forming a structural part of two buildings or of two separately owned and/or rented units in the same building. Such a wall contains no openings and extends from its footings below finish grade to the height of the exterior surface of the roof.
COMMON OWNERSHIP - Ownership of two or more contiguous parcels of real property by the same person or persons.
CONCEPT PLAN - A preliminary, non-binding presentation and attendant documentation of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification.
CONDITIONAL USE - See Use, Conditional.
CONFORMING LOT - A parcel, plot or area of land abutting a public street complying with the minimum requirements of N.J.S.A. 40:55D-35, exclusive of any area within such public street; whose area is sufficient to provide the yard, space and setback requirements and the minimum area requirements for the zone district in which it is located and complying with all other minimum requirements for said district, as required by this Chapter.
CONSTRAINED LAND - Land that includes environmentally sensitive areas or environmentally critical areas.
CONTIGUOUS UNCONSTRAINED LAND - The minimum contiguous area within the setbacks of a lot consisting of land suitable for construction of principal and accessory buildings and structures, excluding environmentally sensitive areas and environmentally critical areas as defined by this Ordinance.
CONVALESCENCE HOME - See Rest Home and Convalescence Home.
CONVENTIONAL DEVELOPMENT - Land development which does not utilize the techniques of lot averaging, clustering or planned development.
COVERAGE RATIO - See Impervious Surface Coverage or Ratio.
DAY CAMP - See Camp, Day or Youth.
DAY CARE - See Child Care Center.
DBH - Diameter of a tree truck at breast height (typically 3'6" above ground level).
DEMOLITION - Any razing or destruction, whether entirely or in significant part (25% or more), of the exterior of a building structure or site, including the removal of a building or structure from its site or the removal, stripping, concealing, or destruction of the facade or any significant exterior architectural features which are integral to the historic character of the resource, for whatever purpose, including new construction or reconstruction.
DENSITY - The permitted number of dwelling units per gross area of land to be developed.
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 enforceable proprietary interest in such land.
DEVELOPER'S AGREEMENT - A legal agreement between a developer and a municipality in which the terms and conditions required for successful completion of the development are enumerated.
DEVELOPMENT - The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, by any person, for which permission is required under the Municipal Land Use Law, N.J. S.A. 40:55D-1 et. seq. In the case of development of agricultural lands, development means: any activity that requires a State permit; any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
DEVELOPMENT SCHEDULE - A construction schedule and plan showing the time frame in which each portion of a development will be constructed or improvements will be installed. Also referred to as a phasing plan.
DISTRICT OR ZONE - Part of the municipality to which certain uniform regulations of this Chapter apply as a separate zone district.
DOMESTIC WELL - A non-public well that is used primarily to provide drinking and sanitary water supply for an individual dwelling unit.
DRAINAGE - The removal of surface water or ground water from land by drains, grading or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges; to induce water recharge into the ground where practical, to lessen non-point pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE BASIN OR AREA - A geographic area within which stormwater runoff, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.
DRAINAGE PATTERN - The configuration of a drainage system including manmade and natural features within a drainage basin.
DRAINAGE RIGHT-OF-WAY OR EASEMENT - The lands required for the installation of stormwater sewers or drainage ditches, or required along a natural stream or water course for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage, in accordance with the Water Supply Management Act, N.J.S.A. 58:1A-1 to 26.
DRAINAGE SYSTEM - A system of man-made structures, which includes grading or other appropriate means, designed to collect, convey, hold, divert, or discharge stormwater.
DRIVEWAY - In addition to its regularly accepted common meaning, also refers to any lane, way, field entrance or privately owned road, except as hereinafter exempted in Lafayette General Ordinance 9-5.4.
DRIVEWAY, ALTERED - A driveway is altered within the meaning of this chapter when it is widened, relocated or when its grade is changed or when it is modified in any way that alters the prior existing drainage from said driveway onto a public right-of-way or adjoining property. Normal maintenance, such as paving an existing stone driveway, replacing stone, or patching asphalt shall not be considered as "altering a driveway."
DRIVEWAY, COMMERCIAL/INDUSTRIAL - One providing access to an office, retail or institutional building or to an apartment building having more than five dwelling units or any other use classified as commercial or institutional in the Lafayette Township Land Use Ordinance, but not by way of limitation thereof. Industrial plant driveways whose principal function is to serve administrative or employee parking lots are considered "commercial driveways."
DRIVEWAY, COMMON - See Driveway, Multi-Residential.
DRIVEWAY, MULTI-FAMILY - A driveway providing access to a multi-family residence.
DRIVEWAY, MULTI- RESIDENTIAL - One driveway providing access to two or more residences.
DRIVEWAY, RESIDENTIAL - A driveway providing access to a single family residence.
DRIVEWAY, SHARED - See Driveway, Multi-Residential.
DWELLING - A building or portion thereof designated or used primarily as living quarters for one or more persons, but not including hotels, motor lodges, bed and breakfasts, boarding houses or other accommodations for the transient public.
DWELLING UNIT - One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with sleeping and sanitary facilities and only one cooking facility provided within the dwelling unit for the exclusive use of a single family maintaining a household.
DWELLING UNIT, TYPES -
a. Single-family detached or one-family detached: A free-standing residential building which contains one dwelling unit and which has no common walls with other dwelling units.
b. Duplex - A freestanding residential building containing two dwelling units each of which has direct access to the outside and is totally separated from the other by an unpierced wall extending from basement to roof.
c. Triplex - A freestanding residential building containing three dwelling units each of which has direct access to the outside and is totally separated from the other units by an unpierced common wall extending from the basement to the roof.
d. Efficiency - A residential dwelling unit without a separate bedroom and not exceeding 600 square feet in size.
e. Apartment or Apartment Unit - A suite of rooms, with a full private bath and cooking accommodations, used or designed for use as a residence by a person or persons.
EASEMENT - The right to use real property belonging to another person or entity, for certain limited purposes.
EDUCATIONAL USE - Public, parochial and private elementary and secondary schools duly licensed by the State of New Jersey, attendance at which is a sufficient compliance with the compulsory education requirements of the State. Educational uses shall also include pre-schools and institutions of higher education duly licensed by the State Department of Education. Day or Youth camps shall not be considered as educational uses or accessories to such uses.
ENVIRONMENTALLY CRITICAL AREA - An area or feature that poses a physical or chemical hazard or concern, including pre-development slopes of 15%, or greater, seasonable high water table within two (2) feet of the surface, shallow depth to bedrock of 0 to 3.5 feet, rock outcrop, flood plains, streams, brooks, rivers, and their corridors, ponds, lakes, and open waters, land overlying known or suspected faults, slides, sinkholes, subsidence locations, lands underlain by carbonate bedrock or expansive soil, lands underlain by groundwater that has had its use restricted by the State due to the presence of contaminants, or land impacted by contaminants above restricted use standards or criteria adopted by or otherwise applied by the State.
ENVIRONMENTALLY SENSITIVE AREA - An area or feature of significant environmental value, including surface waters, any water resource which is utilized as a public water or non-public water supply, groundwater recharge areas, wellhead protection areas, wetlands and wetland transition areas, submerged vegetation habitats, prime forest land or unique forest land, natural heritage priority sites, or habitats of endangered or threatened plant and animal species.
ESSENTIAL SERVICES - The erection, construction, alteration or maintenance, by public utilities, municipal or other governmental agencies, of underground, surface or overhead gas, electrical, steam or water transmission or distribution systems, including electrical substations, telephone dial centers, poles, towers, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, light stanchions, telephone lines, hydrants and other similar equipment and accessories, in connection therewith, reasonably necessary for the furnishing of adequate service by public utilities, municipal or other governmental agencies for the public health, safety or general welfare. "Essential services" shall include firehouses, first aid and emergency aid squad, whether provided by a municipal or non-profit agency, pumping stations, sewage treatment facilities, stand poles and water storage tanks.
FACADE OR FACE - The total wall surface, including door and window areas, of a building's facade front. In the case of corner buildings which front on more than one street, only one face shall be used to calculate facade area.
FACADE, FRONT - Those portions of the facade which face and are most closely parallel to the front lot line.
FACILITY - A structure which is built, installed, or established to serve a particular purpose.
FAMILY - Any number of persons related by blood, marriage or adoption or unrelated individuals maintaining a household. A "family" shall, also, include foster children but shall not include roomers or members of a fraternity or sorority.
FARM - A parcel of land containing at least five acres for the primary purpose of agricultural use.
FARM STAND - See Roadside Stand
FENCE - An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land, but not to include berms.
FINAL PLAT - See Plat, Final
FINAL SUBDIVISION APPROVAL - See Approval, Final.
FINANCIAL INSTITUTION - An establishment that provides financial and banking services to consumers or clients. Walk-in and drive-in services to consumers are generally provided on site. Typical uses include banks, savings and loan associations, savings banks, credit unions, and lending establishments. Not included are freestanding automatic teller machines.
FLAG - Any fabric or other flexible material attached to or designed to be flown from a flagpole or similar device.
FLAGPOLE - A freestanding structure or a structure attached to a building or to the roof of a building and used for the sole purpose of displaying flags.
FLOOD, REGULATORY - The 100-year flood along non-delineated watercourses or the flood hazard area design flood along delineated watercourses.
FLOOD HAZARD AREA DESIGN FLOOD : The flood resulting from the 100-year flood discharge increased by 25 percent (25%).
FLOOD PLAIN - The area inundated by a regulatory flood including the water course that creates it.
FLOOR - The top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in a wood frame construction. The term does not include the floor of a garage used solely for parking vehicles.
FLOOR AREA, GROSS - The floor area within the inside perimeter of the exterior walls of the building under construction exclusive of vent shafts and courts, without deduction for corridors, stairways, closets, the thickness of interior walls, columns or other features. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the useable area under the horizontal projection of the roof or floor above. The gross floor area shall not include shafts with no openings or interior courts.
FLOOR AREA RATIO (FAR) - The sum of the area of all floors of buildings or structures compared to the total area of the site.
FRATERNITY - A local or national organization of college or university students, including sorority, organized for the purpose of sharing cultural, scholarly or religious interests, where involvement requires regular meetings and formal written membership requirements.
FRONT LOT LINE - See Lot Line, Front.
GARAGE, PRIVATE - A detached building or portion of the principal building, including a carport, which is used primarily for storing automobiles or other motor vehicles of a rated capacity of not more than 1.5 tons.
GARAGE, PUBLIC - A structure, or portion thereof, other than a private garage, used for the parking and/or storage of motor vehicles and available to the general public.
GROCERY STORE - A retail establishment which primarily sells food, but also may sell other convenience and household goods, and which occupies at least 5,000 s.f , but not more than 25,000 s.f of gross floor area.
GROUP HOME - A non profit or for profit home for the sheltered care of persons with special needs, which, in addition to providing food and shelter may also provide some combination of personal care, social or counseling services, and transportation.
GROSS AREA - The total horizontal area within a lot or parcel of land before public streets, easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel.
GROWTH SHARE - means the affordable housing obligation generated in each municipality by both residential and non-residential development from 2004 through 2014 and represented by a ratio of one affordable housing unit for every eight market-rate housing units constructed plus one affordable housing unit for every 25 newly created jobs as measured by new or expanded non-residential construction within the municipality pursuant to the methodology detailed in N.J.A.C. 5:94-2, App. E.
HABITABLE FLOOR AREA - See Floor Area.
HABITABLE ROOM - A room occupied or designed to be occupied by one or more persons for living, sleeping, eating, or cooking, including kitchens serving a dwelling unit, but not including bathrooms; toilet compartments, laundries, pantries, cellars, attics for storage, and other, similarly approved spaces that are not used frequently or for extended periods.
HOME OCCUPATION - Any employment or occupation conducted within a dwelling which shall constitute either entirely or partly a source of income of a person living in such dwelling provided that:
a. Not more than one person living outside of such dwelling is employed on the premises.
b. Not more than two customers will visit the dwelling during a day.
c. Not more than 25% of the total floor area or 500 square feet of such dwelling, whichever is smaller, can be devoted to such employment or occupation.
d. There shall be no display of goods offered for sale in connection with such employment or occupation which is visible from the street or any adjoining lot, and there shall be no motor vehicle or equipment or other items used in connection with or upon which any service is performed in connection with such employment or occupation stored or kept in any location on the lot except in an enclosed building.
e. No equipment or process shall be used in such employment or occupation which creates noise, vibration, glare, fumes, odors, hazardous waste, electrical, radio or television interference or other condition detectable to the normal senses off the premises of which constitutes a nuisance. All noise created by the home occupation shall be in accordance with the provisions of the "Noise Ordinance" of the Lafayette Township Ordinances.
f. The residential character of the building or buildings shall not be changed.
g. The use does not increase the parking or yard requirements of the principal residential use.
h. No signs other than those permitted in Section 13-17 shall be allowed.
HOMEOWNER'S ASSOCIATION - A duly incorporated organization composed of all owners of property in a development.
HORTICULTURE - The use of land for the growing or production for income of fruits, vegetables, flowers, nursery stock, including ornamental plants and trees, and cultured sod.
HOSPITAL - An institution, licensed by the State Department of Health providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions, and including as an integral part of the institution, related facilities such as laboratories, outpatient facilities, or training facilities.
HOTEL - A building containing more than five rooms used, rented or hired out, to be occupied for sleeping purposes by guests, where general kitchen, dining room and/or banquet rooms are provided within the building.
IES - Illuminating Engineering Society.
IMPERVIOUS SURFACE - A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
IMPERVIOUS SURFACE COVERAGE OR RATIO - A measure of the intensity of land use determined by dividing the total of all impervious surfaces on a site by the gross site area.
IMPROVEMENT - Any man-made, immovable item which becomes part of, is placed upon, or is affixed to land or an existing structure or building.
IMPROVEMENTS, OFF-SITE - Improvements required to be made off-site as a result of an application for development including but not limited to streets, water, drainage, or sewer line improvements.
INCLUSIONARY DEVELOPMENT - A housing development containing both affordable units and market-rate units. This term includes, but is not necessarily limited to, new construction; the conversion of a non-residential structure to residential and the creation of new affordable units through the reconstruction of a vacant residential structure.
INSTITUTIONAL USE - A use by a public or nonprofit, quasi-public, or private institution for educational, religious, charitable, medical or civic purposes.
INTERESTED PARTY -
a. in a criminal or quasi-criminal proceedings, any citizen of the State of New Jersey; and
b. in the case of a civil proceeding in any court or in an administrative hearing or proceeding before a state, county or 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 this Ordinance, or whose rights to use, acquire or enjoy property under this Ordinance or under any other law of Sussex County, the State of New Jersey or of the United States have been denied, violated or infringed by an action or failure to act under this Ordinance.
INTERSECTION - A point where two or more streets meet and/or cross.
ITE - Institute of Traffic Engineers.
JUNK - Any scrap, waste, reclaimable material and debris, whether or not stored or used in conjunction with the dismantling, processing salvage, storage, baling disposal mother use or disposition. Junk may include, for purposes of illustration, vehicles, tires, vehicle parts, equipment, paper; rags, metal, glass, plaster, household appliances, wood, lumber, brush and building materials.
JUNKYARD - Any area, lot, parcel, building or structure used for the storage, sale, processing or abandonment of junk.
LAND - The earth, water, and air above, below, or on the surface, including any improvements or structures customarily' regarded as the land.
LIGHT POLLUTION - The upward emitting of stray light which may illuminate clouds, dust and other airborne matters and may obscure the night sky.
**Webmasters Note: The previous definition has been added by Ordinance No. 2007-20, effective December 18, 2007.
LIGHT TRESPASS - Any artificial light greater than 0.10 foot candles falling outside the boundaries of the property upon which the outdoor lighting unit is installed. Light trespass occurs when neighbors of an illuminated space are affected by the lighting systems inability to contain its light within the area intended.
**Webmasters Note: The previous definition has been added by Ordinance No. 2007-20, effective December 18, 2007.
LOADING, OFF-STREET - A space of at least 12 feet in width and 45 feet in length and having a vertical clearance of at least 15 feet, designed and located on a lot for the temporary parking of commercial vehicles while loading or unloading merchandise or materials. This off-street loading space shall not be more than 30 feet from the entrance to the building that will be primarily used for the receiving or shipment of merchandise or materials.
LOADING SPACE - See Loading Off-Street.
LODGING HOUSE - See Boarding House.
LOT - A parcel of land occupied or intended for occupancy by one principle use permitted in this ordinance, including one principal building and its accessory buildings otherwise provided in this ordinance, and having its principal frontage upon a dedicated street. The boundaries of the lot shall be determined by its lot lines.
**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.
LOT AREA - The total area included within the lot lines exclusive of (1) any area within an abutting street right-of-way; (2) any area within 25 feet of a street centerline; (3) any area within a proposed street right-of-ways as shown on the Master Plan or any subdivision map or official map of the State, County or Township.
LOT AVERAGING - A technique whereby one or more lots in a subdivision are reduced' from the conventional minimum sizes and one or more lots are oversized, but the overall average lot size is not less than the minimum lot size permitted in the zone for conventional development. In no case are lots permitted which are below the minim' um standard for the lot averaging technique. The purpose of lot averaging is to produce a more logical development pattern which preserves environmentally critical land, environmentally sensitive land, preserves historic structures, or accomplishes' other public purposes.
LOT, CORNER - A lot abutting two or more streets at their intersection or abutting two parts of the same street fanning an interior angle 'of less than 135 degrees.
LOT COVERAGE - A. measure of intensity of land use that represents the portion of a site that is impervious. This portion includes but is not limited to all areas covered by buildings, parking structures, driveways, roads, sidewalks, and any area of concrete or asphalt.
LOT DEPTH - The horizontal distance between the front and rear lot lines measured along the median, between the two side lot lines. On corner lots, the depth shall be measured from the street or portion of the street upon which the lot has the least frontage.
LOT, FLAG - A parcel or plot of land abutting a public street, complying with the minimum requirements of N.J.S.A. 40:55D-35, whose width at the street line and/or at the building setback line is less than that required by the zone district in which it is located and whose principal portion shall be to the rear of a conforming lot.. Such lots are not permitted in the Township.
LOT FRONTAGE - The uninterrupted linear or curvilinear extent of a lot measured along the street right-of-way from the intersection of one side lot line to the intersection of the other side lot line. The measurement of lot frontage shall not include irregularities in the street line and, in the case of a corner lot, shall extend to the point of intersection of the side line right-of-way. If a lot has frontage on more than one street, the mum lot frontage requirements shall apply to each street on which the lot has frontage.
LOT LINE - The recorded boundary of a lot.
**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.
LOT LINE, FRONT - That boundary of a lot which abuts an existing or dedicated public street, and in the case of a corner lot, it shall be the shortest dimension on a public street. If the dimensions of a corner tot are equal, the front lot line shall be designated by the Applicant.
LOT LINE, REAR - A lot line which is opposite and most distant from the front lot line, and in the case of an irregular or triangle-shaped lot, a line 10 feet in length within the lot parallel to and at the maximum distance from the front lot line.
LOT LINE, SIDE - Any lot line other than a front or rear lot line.
LOT WIDTH - The horizontal distance between the side lot lines measured, along the required building setback line. On corner lots, the width shall be measured between the side lot line and the side street at a setback from the street upon which lot has the least frontage.
LOW INCOME - Income of 50 percent (50%) or less of the median gross household income for households of the same size within the housing region in which the household is located, based upon the US, Department- of Housing and Urban Development's (HUD) Section 8 Income Limits (uncapped) averaged across counties for the housing region of the Council on Affordable Housing (COAH).
LOW INCOME HOUSING - Housing affordable according to Federal 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 50 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.
MAINTENANCE AGREEMENT - A recorded legal agreement setting forth the maintenance obligations of the various parties to the agreement.
MAINTENANCE GUARANTEE - Any security which may be accepted by a municipality for the maintenance of any improvements required by the Municipal Land Use Law, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.
MAJOR SUBDIVISION - Any subdivisions not classified as minor subdivisions.
MARKET - See "Retail Sales Establishment."
MARKET-RATE UNITS - Housing not restricted to low and moderate income households that may sell at any price determined by a willing seller and a willing buyer.
MASTER PLAN - A composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to N.J.S.A.40:55D-28.
MAXIMUM PERMITTED DISTURBED LAND AREA - The maximum percentage of a lot which is permitted to be disturbed by development activities such as grading, removal of existing vegetation, paving, building, landscaping and excavation of subsurface waste disposal and other facilities, but shall not include disturbance related to agricultural activities.
MEDICAL OFFICE - see Office, Medical Night Glow see Sky Glow
**Webmasters Note: The previous definition has been added by Ordinance No. 2007-20, effective December 18, 2007.
MINOR SUBDIVISION - the division of a parcel of land meeting one or more of the following conditions:
a. The division of a parcel of land for the purpose of enlarging an adjoining parcel wherein the remaining parcel is not in conflict with the zoning ordinance nor is its future use or development adversely affected.
b. The division of a parcel of land into not more than two (2) lots in any 12 month period plus the remainder of the parcel being subdivided wherein all such lots or parcels meet all of the following requirements:
1. Said lots are not in conflict with the zoning ordinance, Master Plan or official map.
2. All lots front on an existing street that provides direct access to the lot as defined in this Chapter and which is of the width shown on the Master Plan and which is improved to meet all requirements of N.J.S.A. 40:55D-35 so that a building permit could be issued to construct a building on each lot. Each lot shall be served by a residential driveway (in accordance with Lafayette General Ordinance Chapter 9-5.1 et. seq.) that provides direct access from an existing street to the lot.
3. No new streets or roads are involved.
4. Curbs, sidewalks and other improvements required in § 12-7 of the Lafayette General Ordinance are either in existence or that the lots are located in a developed area, which such improvements would normally be installed or by assessment against benefiting property owner.
5. The resulting lots are suitable for their intended purpose without the necessity of making unusual changes in grades of the lots.
6. The creation of the lots will not produce a drainage problem or result in the necessity for drainage improvements or any other types of off-site improvement.
7. The creation of the lots will not adversely affect the uniform and comprehensive development of any remaining parcel or adjoining land.
8. Notwithstanding the foregoing, not more than two (2) lots and a remainder shall be created by minor subdivision if complete development of the remaining lot or parcel, as permitted by the, zoning ordinance, would require a new road or roads. Subsequent subdivision of the remaining lot ,or parcel shall be accepted only as a major subdivision.
9. The lot to be subdivided is not part of a lot that has previously been created by virtue of a subdivision within three (3) years of the date of the application.
MINOR SUBDIVISION PLAT - See Plat, Final
MIXED USE - Low and moderate income housing apartments located in the same structure with a commercial use as permitted under Lafayette General Ordinance § 13-11.2.
MLUL - The Municipal Land Use Law as found at N.J.S.A.40:55D-1 et. seq.
MOBILE HOME - A transportable structure suitable for year-round single-family occupancy and having water, electrical, sewage connections similar to those of conventional dwellings.
MOBILE HOME PARK - Any parcel of land or portion thereof which is used or offered for use as a location for one or more mobile homes. Mobile Home Parks are not a permitted use under the Lafayette Zoning Ordinance in any zone.
MODERATE INCOME - means more than 50 percent (50%) but less than 80 percent (80%) of the median gross household income for households of the same size within the housing region in which the household is located, based upon the U.S. Department of Housing and Urban Development's (HUD's) Section 8 Income Limits (uncapped) averaged across counties for COAH's housing regions.
MODERATE INCOME HOUSING - means housing affordable according to Federal 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 more than 50 percent (50%) but less than 80 percent (80%) of the median gross household income for households of the same size within the housing region in which the housing is located.
MOTEL - A building or series of buildings in which lodging is offered for compensation and which is distinguished from a hotel primarily by reason of providing direct independent access to, and adjoining parking for, each lodging unit.
MOTOR VEHICLE - Any self-propelled vehicle designed primarily for transportation of persons or goods along public streets or alleys or other public ways.
MOTOR VEHICLE FUELING STATION - means the entire lot on which there is a land area, building or other premises used for the retail dispensing or sales of motor fuels.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2009-01.
MOTOR VEHICLE SERVICE STATION - means the entire lot on which there is a land area, building or other premises used for the servicing and repair of motor vehicles.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 2009-01.
NATURAL FEATURE - Components and processes present or produced by nature, including soil types, geology, slopes, vegetation, surface water, drainage patterns, aquifers, recharge areas, climate, flood plains, aquatic life, and wildlife.
NATURAL GRADE - The elevation of the ground surface in its natural state, before man made alterations.
NATURAL MATERIALS - Materials found to exist naturally and/or have undergone minor modification, reduction or alloying by man; which can be reused (recycled) or are biodegradable. Such materials would include wood, stone, brick, rapid oxidizing metals such as iron, recyclable metals and minerals such as copper and glass and some alloys such as tin, bronze and brass. Plastics, polyvinyl chlorides, special polymers, aluminum, chromium, special steels and other exotic man-made or highly refined materials are specifically and generally excluded.
NITRATE DILUTION MODEL - A mathematical model used to estimate the average area required per disposal system to generate enough groundwater recharge to dilute the nitrate in the systems effluent to acceptable levels.
NONCONFORMING LOT - A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE - A structure the size, dimension or location of which was lawful prior to the adoption; revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment. It is the intent of this ordinance to permit such structures until they are removed, but not to favor them or encourage their survival without strict regulations.
NONCONFORMING USE - A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment. It is the intent of this ordinance to permit such uses until they are no longer in use, but not favor them or encourage their survival without strict regulations.
NONPROFIT ORGANIZATION - Shall include but not be limited to a not-for-profit organization, corporation, community fund or foundation organized and operated exclusively for religious, cultural, charitable, scientific, recreational, literary, agricultural or educational purposes.
NUISANCE - An offensive, annoying, unpleasant or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion or disturbance of another's rights; including the actual or potential emanation of any physical characteristics, activity or use across a property line, which can be perceived by or affect a human being of ordinary sensibility or the generation of an excessive or concentrated movement of people or things such as, but not limited to:
a. Dust
b. Smoke
c. Fumes
d. Odor
e. Glare
f. Flashes
g. Vibration
h. Shock waivers
i. Heat
j. Electronic or atomic radiation
k. Objectionable effluent
l. Noise or congregation of people, especially at night
m. Passenger traffic
n. Transportation of things by truck, rail or other means
o. Invasion of non-abutting street frontage by parking
p. Noise
q. Accumulation of trash, refuse, litter or garbage
NURSERY - Any land used to raise trees, shrubs, flowers, and other plants for sale or transplanting.
NURSERY SCHOOL - See Pre-School.
NURSING HOME - See Rest Homes and Convalescent Homes. Off Premises Sign - See Sign, Off Premises.
OFFICE - A room or group of rooms used for conducting the affairs of a business, professional service, service 'establishment, or government.
OFFICE BUILDING - A building used primarily for offices that may include ancillary services for office workers, such as a restaurant, coffee shop or newspaper stand.
OFFICE, BUSINESS - An office for such activities as real estate agencies, insurance agencies, travel agencies, credit bureaus (but not financial institutions), abstract and title agencies or insurance companies, stockbrokers and the like. It is a characteristic of a business office that retail or wholesale goods are not stored, shown to or sold to a customer. Barber shops or beauty salons are not business offices.
OFFICE, MEDICAL - An office used exclusively by physicians, dentists, and similar personnel for treatment and examination solely on an out-patient basis.
OFFICIAL MAP - A map adopted in accordance with the provisions of N.J.S.A 40:55D-32 et seq. Such a map shall be deemed to be conclusive with respect to the location and width of the street, public parks and playgrounds, and drainage right-of-way shown thereon.
OFFSITE - 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 the closest half of the street or right-of-way abutting the property of which the lot is a part.
OFFSITE IMPROVEMENTS - See Improvements, Offsite.
OFF-TRACT -Not located on a property which is the subject of a development application or on the closest half of the abutting street or right-of-way.
ONSITE - Located on the lot in question and excluding any abutting street or right-of-way.
ON-TRACT - Located on the property which is the subject of a development application or on the closest half of an abutting street or right-of-way.
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 lands.
OPEN SPACE, DEVELOPED - An area created for recreational purposes such as playgrounds, tennis courts, outdoor swimming pools, ball fields and picnic areas.
OUTDOOR DINING AREA - A designated area on the premises of a restaurant, but outside the principal building, and where patrons may sit at tables while consuming food and beverages.
OWNER - Any individual, firm, association, syndicate, co-partnership, corporation or other legal entity having sufficient proprietary interest in the land to commence and maintain proceedings under this chapter.
PACKAGE TREATMENT PLANT - A pre-manufactured onsite waste treatment facility designed to handle the specific needs of a specialized, small, or remotely located waste generator.
PARAPET - The extension of the main walls of a building above the roof level often used to shield mechanical equipment and vents.
**Webmasters Note: The previous definition has been added by Ordinance No. 2007-20, effective December 18, 2007.
PARKING AREA - An off-street facility including parking spaces and drives and aisles for maneuvering, and providing access and entrance and exit, developed in a way to accommodate the parking of motor vehicles.
PARKING SPACE - An off-street space for the parking of one motor vehicle exclusive of maneuvering areas. At a minimum, a parking space shall have a depth of 19 feet (19') and a width of 9 feet (9').
PARKING SPACE, HANDICAPPED - A parking space for the physically handicapped which shall be at a minimum 12 feet (12') wide and 19 feet (19') deep.
PARKING STRUCTURE - A structure or portion thereof composed of one or more levels or floors used exclusively for the parking of motor vehicles. A parking structure may be totally below grade (as in an underground parking garage) or either partially or totally above grade with those levels being either open or enclosed.
PEDESTRIAN WALKWAY - A right-of-way or easement dedicated for public pedestrian access.
PERFORMANCE GUARANTEE - Any security which may be accepted by the Township as a guarantee that improvements required as part of an application for development are satisfactorily completed. The Township may require up to ten percent (10%) of the total performance guarantee in cash.
PERMIT - A written document issued by the appropriate municipal authority empowering the permitted party or entity to perform some act not allowable without such authority.
PERSONAL SERVICES - Service primarily involving the care of a person or his/her personal goods or apparel such as, but not limited to, laundry, dry cleaning, beauty and barber shops, show repair, funeral services, salons, health clubs, and domestic services excluding professional services.
**Webmasters Note: The previous definition has been added by Ordinance No. 2007-20, effective December 18, 2007.
PLANT MATERIAL - Vegetation that is to be planted on a site in accordance with an approved landscape plan.
**Webmasters Note: The previous definition has been added by Ordinance No. 2007-20, effective December 18, 2007.
PLAT - (1) A map representing a parcel of land, showing the boundaries and location of individual properties and streets. (2) A map of a subdivision or a site plan.
PLAT, FINAL - The final map of all or a portion of a subdivision or site plan that is presented to the proper review authority for final approval.
PLAT, PRELIMINARY - A proposed plat, including supporting data, indicating a proposed subdivision design or site plan, prepared by an authorized person under N.J. State Statute in accordance with the ordinances and regulations of the Township of Lafayette and the statutes and regulations of New Jersey.
PLOT - See Lot.
PORTICO - An open sided structure attached to a building and sheltering an entrance or serving as a semi-enclosed space.
**Webmasters Note: The previous definition has been added by Ordinance No. 2007-20, effective December 18, 2007.
PREMISES - Land and the improvements thereon.
PRE-SCHOOL - A facility designed to provide day-time care and or instruction for five or more children from two to five years of age inclusive, and operated on a regular basis and meeting minimum State requirements.
PRINCIPAL STRUCTURE - See Structure, Principal. Principal. Use - See Use, Principal.
PROFESSIONAL HOME OFFICE - See Home Occupation.
PROFESSIONAL SERVICE - A business that offers any type of personal service to the public. By way of example; and without limiting the generality of this definition, professional services include services rendered by certified public accountants, engineers, chiropractors, dentists, osteopaths, physicians and surgeons, podiatrists, architects, veterinarians, attorneys at law, physical therapists and insurance agents.
PROFESSIONAL SERVICES - A business that offers any type of service such as, but not limited to, services which may be lawfully rendered by certified public accountants, engineers, chiropractors, dentists, osteopaths, physicians and surgeons, podiatrists, architects, veterinarians, attorneys at law, physical therapists and insurance agents and all other professional licensed, registered, certified or otherwise authorized to practice independently by New Jersey Law.
**Webmasters Note: The previous definition has been added by Ordinance No. 2007-20, effective December 18, 2007.
PROPERTY - See Premises.
PUBLIC BUILDING - See Public Facilities.
PUBLIC DRAINAGE WAY - The land reserved or dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream or water course for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and-to lessen non-point source pollution.
PUBLIC FACILITIES - Any facility, including but not limited to buildings, property, recreation areas, and roads, which are owned, leased or otherwise operated or funded by a governmental body or public entity.
PUBLIC USE - See Institutional Use.
PUBLIC OPEN SPACE - an open space conveyed or otherwise dedicated to a municipality, municipal agency, Board of Education, State or County agency, or other public body for recreational or conservation uses.
PUBLIC UTILITY - Any public utility regulated by the Board of Regulatory Commissioners and defined pursuant to N.J.S.A. 48:2-13.
PUBLIC UTILITY FACILITY - A building or structure used or intended to be used by any public utility, including but not limited to any gas treatment plant, reservoir, tank or other storage facility, water treatment plant, well, reservoir, tank, or other storage facility; electric generating plant, distribution, or transmission substation; telephone switching or other communications plant, earth station, or other receiving or transmission facility; any storage yard for public utility equipment or vehicles, and any parking lot for parking vehicles or automobiles to serve a public utility.
PUBLIC UTILITY USES - Telephone or telegraph systems, plant or equipment; electric power plants, substations or equipment; cable television, plant antenna and transmission facilities; water company wells, storage facilities and pumping equipment; and gas transmission pumping stations, for public use or to provide services to the public, excluding actual transmission lines.
PUBLIC WAY - Any street, alley, pedestrian walkway, pathway, channel, viaduct, bridge, easement, right-of-way, or other way in which the public has a right of use.
REDEVELOPMENT - The removal and replacement, rehabilitation or adaptive reuse of an existing structure or structures, or of land from which previous improvements have been removed and which may include construction of residential, commercial, industrial, public, or other uses as well as provisions for streets, parks, open space and other public facilities.
**Webmasters Note: The previous definition has been added by Ordinance No. 2007-20, effective December 18, 2007.
REST HOMES AND CONVALESCENT HOMES - A home for the aged or infirm in which three or more persons not of the immediate family are received, kept, or provided food and shelter for compensation; but not including hospitals. The home must have all necessary licenses and approvals from the state and have no greater than semi-private room occupancy.
RESTAURANT - An establishment where food and beverages are prepared for onsite consumption. This definition specifically excludes and does not include what is commonly known as a fast-food restaurant.
RESTAURANT, FAST-FOOD - Restaurants where customers order and are served, their food at a counter in packages prepared to leave the premises or to be taken to a table for consumption. No food shall be served from a drive-through window.
RE-SUBDIVISION - (a) 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 (b) 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.
RETAIL SALES ESTABLISHMENT - Establishments engaged in selling goods in small quantities to the ultimate consumer or customer.
RETAIL SALES ESTABLISHMENT, NEIGHBORHOOD - A use devoted exclusively to the retail sale of goods. The sales area of such use shall be indoors only, and the total enclosed area for such a use shall not exceed 4,000 square feet.
RETAIL SERVICE ESTABLISHMENT - Establishments providing services or entertainment, as opposed to the sale of products, to the general public for personal or household use, including eating and drinking places, hotels and motels, financial institutions, real estate and insurance offices, personal services, theaters, amusement and recreation services, health, education and social services, museum and galleries.
**Webmasters Note: The previous definition has been added by Ordinance No. 2007-20, effective December 18, 2007.
RETAIL STORE, CONVENIENCE - A retail establishment with up to 5,000 square feet selling primarily food products, household items, newspapers and magazines, candy and beverages, and a limited amount of freshly prepared food such as sandwiches and salads for off-premises consumption.
RIGHT-OF-WAY - A strip of land acquired by reservation, dedication, prescription or condemnation and, intended to be occupied by a street, crosswalk, railroad, electric transmission lines, oil or gas pipeline, waterline, sanitary storm sewer, or other similar uses.
ROADSIDE STAND - A temporary structure not permanently affixed to the ground and is readily removable in its entirety, which is used solely for the display or sale of farm products produced on the premises upon which such roadside stand is located. No roadside stand will be more than 300 square feet in ground area and there shall not be more than one roadside stand on any one premise.
ROADWAY - The portion of a public road right-of-way on which travel is conducted.
ROOM - See Habitable Room.
ROOMER - See Boarder.
ROOMING HOUSE - See Boarding House.
SCHOOL - Any building or part thereof that is designed, constructed or used for non profit educational instruction in any branch of knowledge, but not a child care center.
SECOND-HAND STORE - Any store selling previously used merchandise such as clothing, household furnishings or appliances and sports or recreational equipment but does not include antique shops.
SEMI-PRIVATE ROOM - A room designed for and occupied by no more than two persons in a rest home or convalescent home.
SEPTIC SYSTEM - A subsurface wastewater system consisting of a settling tank and a subsurface disposal field and subject to the requirements of N.J.A.C. 7:9A.
SERVICE ESTABLISHMENT - Any establishment whose primary activity is the provision of assistance, as opposed to products, to individuals, business, industry, government, and other enterprises.
SERVICE STATION, AUTOMOTIVE - See Motor Vehicle Service Station.
SETBACK LINE - See Building Line.
SHARED PARKING - a joint utilization of a parking area for more than one use in a zone or district in which more than one use per lot is permitted.
**Webmasters Note: The previous definition has been added by Ordinance No. 2007-14, effective September 4, 2007.
SHOPPING CENTER - A group of permitted retail sales and permitted retail service establishments, planned, constructed and managed as a total entity, with (a) customer and employee parking provided on-site, (b) provision for goods delivery separated from customer access, (c) aesthetic considerations, (d) landscaping and signage in accordance with an approved plan, and (e) safe pedestrian walkways.
**Webmasters Note: The previous definition has been added by Ordinance No. 2007-20, effective December 18, 2007.
SIGHT DISTANCE - The distance of clear sight required in the alignment of streets, roads and driveways.
SIGHT DISTANCE TRIANGLE - An area of land at the intersection of streets, or street and a driveway, within which nothing may be erected, planted, placed, or allowed to grow in a manner which will obstruct -the vision of a motorist entering or leaving the intersection or driveway.
SIGNS - Any device (including but not limited to letters, words, numerals, figures, emblems, pictures, or any part or combination thereof) used for visual communication intended to attract the attention of the public and visible to the public right-of-way or other properties. The term "sign" shall include flags or sign banners used for promotional purposes.
SIGN, BACK-LIT - A sign illuminated with an internal source of light that shines ;through a translucent surface.
SIGN, BANNER - A sign of lightweight fabric or similar non-rigid material that is mounted with no enclosing framework.
SIGN, FREESTANDING - Any sign not affixed to a building and that is not a portable sign.
SIGN, HEIGHT - The vertical distance measured from the lowest adjacent grade to the highest point of the sign or sign structure.
SIGN, MONUMENT - A free standing sign, other than a pole sign, in which the entire bottom is in contact with or is close to the ground and is designed to conform to the applicable design standards.
SIGN, NEON - Any sign that uses neon, argon, or any similar gas to illuminate transparent or translucent tubing or other materials, or any use of neon, argon, or similar gas lighting which is readily visible from the outside of a building.
SIGN, OFF-PREMISES - A sign advertising a use, facility, service, or product that is not located, sold; or manufactured on the same premises as the sign.
SIGN, POLE - A freestanding sign that is fixed, attached or erected on a pole that is not itself an integral part of, or attached to, a building or structure.
SIGN, PORTABLE - A sign that is designed to be easily transportable, including but not limited to signs designed to be displayed while mounted or affixed to the trailer by which it is transported, or with wheels remaining otherwise attached during display; signs mounted on transportable frames with wheels removed; signs attached or affixed to a chassis or other moveable support constructed without wheels; signs designed as, or converted to, A-frame or T-frame signs; signs attached temporarily to the ground, a structure or other signs; signs mounted on a vehicle and visible from the public right-of-way; sandwich boards; and hot-air or gas-filled balloons which are not designed or approved for navigable flight.
SIGN STRUCTURE - The supports, uprights, bracing, or framework of any structure exhibiting a sign, be it single-faced, double-faced, or V-type or otherwise.
SIGN, TEMPORARY - A sign that is temporary in nature, is not permanently attached to the ground or a structure or other sign surface, and is used for special events such as, but not limited to, grand openings, seasonal sales, liquidations, going out of business sales, and promotions.
SIGN, WINDOW - A sign that is applied to or attached to the exterior or interior of a window or located in such a manner within a building that it is visible from the exterior of the building through a window, but excludes merchandise in a window display.
SILVICULTURE - The development and/or maintenance of a forest or wooded preserve.
SINGLE OWNERSHIP - Ownership by one person or ownership by two or more persons jointly as joint tenants, as tenants by the entirety or as tenants in common of a separate lot not adjacent to land in the same ownership.
SITE COVERAGE - The percentage of total site area occupied by structures, buildings, paving for vehicle use, and all other impervious surfaces. Structure/building coverage includes primary structure, all accessory structures (e.g. carports, garages, patio covers, storage sheds, trash dumpster enclosures, etc.) and architectural features (e.g. chimneys, balconies, decks, porches, stairs, etc.). Structure/building coverage does not include eave overhangs, second story balconies, and decks that allow for the drainage of water through the deck surface and are a minimum of 10 feet (10') above the finished grade at all points. Structure/building coverage is measured from exterior wall to exterior wall. Pavement coverage includes areas necessary for ingress, egress, outdoor parking, and circulation of motor vehicles.
SITE PLAN - A development plan of one or more lots on which is shown (1) the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, flood plains, marshes and waterways, (2) the location of all existing and proposed buildings, drives, parking, spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices, and (3) any other information that may be reasonably required in order to make an informed determination pursuant to an ordinance requiring review and approval of site plans by the County Planning Board adopted pursuant to N.J.S.A. 40:55D-37 et seq.
SIGHT TRIANGLE - See Sight Distance Triangle.
SKY GLOW - The brightening of the night sky attributable to man-made sources of light resulting in light pollution that reduces the ability to view the nighttime sky, interferes with the viewing of astrological events and causes an adverse impact on wildlife and nocturnal ecosystems.
**Webmasters Note: The previous definition has been added by Ordinance No. 2007-20, effective December 18, 2007.
SOIL - All unconsolidated mineral and organic material of any origin.
SPECIAL NEEDS - The needs of people with physical or mental disabilities.
SPECIALTY STORE - a retail store specializing in a specific range of merchandise and related items and catering to a specific market.
**Webmasters Note: The previous definition has been added by Ordinance No. 2007-14, effective September 4, 2007.
SQUARE FOOTAGE - See Floor Area.
STAND - See Roadside Stand.
STORE - Retail - See Retail Sales Establishment.
STORMWATER - Means water resulting from precipitation (including rain and snow) that runs off the land' s surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.
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 basements used for the principal use.
STORY, HALF - A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space the possible floor area with a head room of five feet or less occupies at least 40 percent (40%) of the total area of the story directly beneath.
STREET - Any street, avenue, boulevard, road, parkway, viaduct, drive or other way (a) which is an existing State, County or municipal roadway, or (b) which is shown upon a plat heretofore approved pursuant to law, or (c) which is approved by official action as provided by this chapter, or (d) which is shown on a plat duly filed and recorded in the Office of the County Recording Officer, prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may compromise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
STREET LINE - The dividing line between the street and the lot. The street line shall be the same as the legal right-of-way.
STREET TREES - Trees planted along any public and/or private street.
**Webmasters Note: The previous definition has been added by Ordinance No. 2007-20, effective December 18, 2007.
STRUCTURE - A combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.
STRUCTURE, PRINCIPAL - A structure in which is conducted the principal use of the lot on which it is located.
SUBDIVIDER - Any individual, firm, partnership, association, corporation, estate, trust, or any other group or combination, acting as a unit, dividing or proposing to divide land so as to constitute a subdivision, as defined herein and including any agent of the subdivider.
SUBDIVISION - The division of a lot or parcel of land into two or more lots, parcels or other subdivisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this Act if no new streets are created:
(1) Divisions of land found by the Land Use Board or subdivision committee thereof to be for agricultural purposes where all resulting parcels are five acres or larger in size;
(2) Divisions of property by testamentary or intestate provisions;
(3) Divisions of property upon court order, including but not limited to judgments of foreclosure;
(4) Consolidation of existing lots by deed or other recorded instrument; and
(5) The conveyance of one or more adjoining lots 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 Municipal Development Regulations and are shown and designated as separate lots or parcels on the Tax Map of the municipality.
The term "subdivision" shall also include the term re-subdivision.
SUBDIVISION PLAT - See plat, final or plat, preliminary. Subsurface Sewage Disposal System - See Septic System.
SUPPORTIVE HOUSING - Permanent housing for homeless persons or person at risk of homelessness who may be men, women, youth or families who earn less than 20% of median income as determined by the sponsoring agency and have chronic mental and/or physical illnesses that require linked support services.
SURFACE WATER - Water at or above the land's surface which is neither groundwater nor contained within the unsaturated zone, including, but no limited to, the ocean and its tributaries, all springs, streams, rivers, lakes, ponds, wetlands, and artificial water bodies.
TECHNICAL REVIEW COMMITTEE (TRC) - A committee consisting of one or more persons organized to review applications for development.
TEXTURED CONCRETE MASONRY UNITS - A large rectangular block made from cast concrete, such as Portland cement and aggregate, usually sand and fine gravel in the case of blocks.
**Webmasters Note: The previous definition has been added by Ordinance No. 2007-20, effective December 18, 2007.
TILT-UP CONCRETE MASONRY PANELS - Concrete slabs created by assembling forms and pouring large slabs of concrete directly onsite. The panels are raised into position around the building's perimeter forming the exterior walls.
**Webmasters Note: The previous definition has been added by Ordinance No. 2007-20, effective December 18, 2007.
TRACTOR - A motor vehicle specifically designed or equipped to haul or pull any wheeled vehicle licensed to go upon public roads or highways.
TRAILER - A wheel-based vehicle that is designed to be transported by traction. The regulations of this Chapter shall apply to the following vehicles as herein defined below:
a. Camping vehicles
b. Boat Trailer - A trailer designed for the purpose of transporting a boat overland.
c. Horse Trailer - A trailer designed for the purpose of transporting horses or animals over land.
d. Tent Camper - A trailer with a built-in or attached tent designed and equipped to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
e. Mobile Home - A transportable structure suitable for year-round single-family occupancy and having water, electrical, sewage connections similar to those of conventional dwellings
TRAILER OR MOBILE HOME PARK OR COURT - See Mobile Home Park
TRUCKING TERMINAL - A premises which is used for the temporary parking of motor freight or cargo vehicles between trips and for the transfer of freight or cargo between trucks or between trucks and rail facilities for shipment elsewhere and where the storage of freight or cargo is only temporary, and which also may contain facilities for dispensing motor fuels.
UNCONSTRAINED LAND - Land that does not include environmentally sensitive areas or environmentally critical areas.
USE - The specific purpose for which land or building is designed, arranged, intended, or for which it is or may be occupied or maintained. If a use is not provided for in the Zoning Ordinance, it is prohibited.
USE, ACCESSORY - A use naturally and normally incident and subordinate to the principal use of the structure or lot and located on the same lot as the principal use to which it relates.
USE, CONDITIONAL - A use permitted in a particular zoning district only upon a showing that such use in a specific location will comply with the conditions and standards for the location or operation of such use as contained in the zoning ordinance and upon the issuance of an authorization therefore by the Land Use Board.
USE, PRINCIPAL - The primary use of the premises of which there can only be one.
VARIANCE - Permission to depart from the actual or literal requirements of this Ordinance as provided for in the Municipal Land Use Law (N.J. S.A. 40:55D Sections 40, 60 and 70).
WAIVER - Permission to depart from the requirements of an ordinance with respect to the submission of required documents.
WAREHOUSE - A building used for the storage of goods, materials or merchandise for later or subsequent distribution or delivery elsewhere for purposes of processing or sale.
WATER SUPPLY SYSTEM - The physical infrastructure on an individual lot, including but not limited to a domestic well, pumps, and water lines, that is operated and maintained to deliver water to any structure or for any use upon the lot, subject to the approval of health and sanitation offices having jurisdiction.
WETLANDS - An area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adopted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
WHOLESALE ESTABLISHMENT - an establishment or place of business primarily engaged in selling and/or distributing merchandise to retailers; to industrial commercial, institutional, or professional business users, or other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
WILDLIFE - Animals or plants existing in their natural habitats.
WING WALLS - Retaining walls located adjacent to the foundation of a building, either as an independent wall or an integral component of the foundation wall.
**Webmasters Note: The previous definition has been added by Ordinance No. 2007-20, effective December 18, 2007.
YARD - An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard, or the rear yard, the minimum horizontal distance between the lot line and any buildings shall be used.
a. Front Yard - A yard, unoccupied, except by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the abutting street line and the nearest part of the principal structure on the lot. On corner lots, a front yard shall abut each of the street frontages.
b. Side Yard - A yard, unoccupied, except by a use as hereinafter specifically permitted, extending from the front yard to the rear yard of a lot and lying between the side lot line and the nearest part of the principal structure on the lot.
c. Rear Yard - A yard, unoccupied except by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the rear lot line and the nearest part of the existing or proposed principal structure on the lot. If there is no rear lot line, as in the case of a triangular shaped lot, or if there is doubt as to determination of rear yard measurement, the rear yard requirement of this Chapter shall be construed as conforming provided there can be drawn entirely within the property a rectangle formed by the rear line of the existing or proposed principal building, the extension of the sidelines of the principal building toward the rear of the principal building and a line connecting said extended building side lines, which rectangle shall have an average depth measured from the rear of the building equal to at least the required minimum rear yard. In no event shall the principal building be located closer to the property line at any point other than the minimum side yard requirement.
ZONING PERMIT - A document signed by the administrative officer (1) which is required by ordinance as a condition precedent to the commence of the use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building, and (2) which acknowledges that such use, structure or building complies with the provisions of the municipal zoning ordinance or variance there from duly authorized by a municipal agency pursuant to N.J. S.A. 40:55D60 and 70.