For the purposes of this chapter, certain words shall have the
meaning assigned to them as follows. The following definitions are
intended to interpret and clarify word usage in the Borough of Clayton
Unified Development Ordinance and not necessarily intended to be used
to interpret or clarify word usage in other portions of the Code of
the Borough of Clayton. When words are used in the Unified Development
Ordinance but are not defined herein, then definitions used in the
Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., as applicable,
shall control and be utilized to interpret and clarify word usage.
A.
Words in the present tense include the future. The singular form
of a word includes the plural form, and the plural form of a word
includes the singular form.
B.
The word "building" includes "structure" and any part thereof.
C.
The phrase "used for" includes "arranged for," "designed for," "intended
for," "maintained for," "constructed for," "altered for," "converted
for," "rented for," "leased for," or "occupied for."
D.
The word "person" includes an individual, corporation, partnership,
incorporated association, or any similar legal entity.
E.
The word "includes" or "including" shall not limit the term to the
specified examples but is intended to extend their meaning to all
other instances of like kind and character.
F.
The words "shall" and "will" are mandatory and not discretionary,
and the word "may" is permissive.
G.
The feminine gender includes the masculine gender and vice versa.
The following words and phrases shall have the meaning given
in this section when applied to the entire chapter:
A way or means of approach to provide physical entrance to
a property.
A building or structure which is detached from a principal
building or structure on the same lot and which is customarily incidental
and subordinate to the principal building or structure. Any accessory
building attached to the principal building shall be considered part
of the principal building.
A use of land or a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building,
located on the same lot with the principal use.
Forty-three thousand five hundred sixty square feet.
A lot or parcel of land which shares all or part of a common
lot line with another lot or parcel of land; provided, however, that
lots which are separated by a public street shall not be considered
adjacent.
An official of the Borough of Clayton who is appointed by
the Borough Council for the purpose of enforcing this chapter.
A residence regulated by the New Jersey Department of Health
and housing no more than three clients, in which personal care and
other supportive services are provided by an individual who has been
licensed by the Department of Health as an adult family care caregiver.
An adult family care home shall include a rooming house or boardinghouse
used and operated under license of the New Jersey Department of Community
Affairs.
[Added 6-13-2002 by Ord.
No. 10-02]
The removal, to the minimum extent possible, of the smallest
and poorest trees so as to permit land development while retaining
the maximum number of larger and healthier trees.
The production, keeping or maintenance, for sale, lease,
or personal use, of plants and animals useful to man, including but
not limited to forage and sod crops; grains and seed crops; dairy
animals and dairy products; poultry and poultry products; livestock,
including beef cattle, sheep, swine, horses, ponies, mules, or goats
or any mutations or hybrids thereof, including the breeding and grazing
of any or all of such animals; bees and apiary products; fur animals;
trees and forest products; fruits of all kinds, including grapes,
nuts and berries; vegetables; and nursery, floral, ornamental and
greenhouse products, or lands devoted to a soil conservation or forestry
management program.
The presence of contaminants in the atmosphere in concentrations
that preclude its normal dispersive ability and that interfere directly
or indirectly with a person's health, safety or comfort or with the
full use and enjoyment of his property.
The traveled way by which cars enter and depart parking spaces.
A public or private street primarily designed to serve as
secondary access to the side or rear of a property whose frontage
is on another street.
Any change in either the supporting members of a building,
such as bearing walls, columns, beams and girders, or in the dimensions
or configurations of the roof or exterior walls.
The major store or stores within a shopping center. For the
purpose of this chapter, a store which occupies at least 20% of the
gross square footage of the entire shopping center shall be considered
an anchor tenant.
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, and who is submitting
an application under this chapter.
The application form and all accompanying documents required
by this chapter for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance, or direction of the
issuance of any permit required herein, or any and all approvals otherwise
required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
A facility which is licensed by the Department of Health,
in accordance with N.J.A.C. 8:36, to provide apartment-style housing
and congregate dining and to assure that assisted-living services
are available when needed to four or more adult persons unrelated
to the proprietor. Apartment units offer, at a minimum, one unfurnished
room, a private bathroom, a kitchenette, and a lockable door on the
unit entrance.
A self-propelled free-moving vehicle, with four or more wheels,
primarily for conveyance on a street or roadway.
The use of any building, land area or other premises for
the display and sale of new or used automobiles, panel trucks or vans,
trailers, or recreation vehicles and including any warranty repair
work and other repair service conducted as an accessory use on vehicles
for sale or previously sold by the facility.
Any building, land area or other premises, or portion thereof,
used or intended to be used for the retail dispensing or sale of vehicular
fuels, and including as an accessory use the sale and installation
of lubricants, tires, batteries and similar accessories.
Any building or premises or portions thereof used for washing
automobiles.
The mean number of cars per day that pass over a given point.
A roof-like projection from the wall of a building, usually
made of cloth, canvas, or similar material, which provides shade or
decorative accent to a window or door.
A space having 1/2 or more of its floor-to-ceiling height
below the average level of the adjoining ground and with a floor-to-ceiling
height of not less than 6.5 feet.
A mound of earth, at least three feet in height, which is
used to shield and screen areas from view or to control the direction
of water.
A lane at the edge of a roadway which is reserved and designed
for the use of bicycles.
A pathway designed to be used by bicyclists.
An individual other than a member of the family occupying
the dwelling unit or a part thereof who, for a consideration, is furnished
sleeping accommodations and may be furnished meals or other services
as part of the consideration.
A dwelling or part thereof in which lodging is provided by
the owner or operator to two or more boarders.
See "Municipal Engineer."
See "Municipal Planner."
A landscaped strip of land used to visually separate one
use from another or from a street. Buffers also serve to shield or
block noise, lights, and other nuisances.
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy and having a roof.
The horizontal area measured within the outside of the exterior
walls of the ground floor of all principal and accessory buildings
on a lot, divided by the entire area of the lot.
The vertical distance of a building measured from the average
elevation of the finished grade within 20 feet of the structure to
the highest point of the roof.
A line drawn parallel to a street line or lot line and drawn
through the point of a building nearest to the street line or lot
line. The term "required setback" means a line that is established
a horizontal distance from the street line or lot line and beyond
which a building or part of a building is not permitted to extend
toward the street line or lot line.
Establishments primarily engaged in rendering services to
business establishments on a fee or contract basis, such as advertising
and mailing; building maintenance; employment service; management
and consulting services; protective services; equipment rental and
leasing; commercial research; development and testing; reproduction
services; and personal supply services.
The diameter of a tree trunk measured in inches, six inches
above ground level for trees four inches in diameter or less, and
measured 12 inches above ground level for trees greater than four
inches in diameter. The tree diameter is also 7/22 of the circumference,
measured at the points on the tree noted above.
A roof-like cover, open to the elements on all four sides,
e.g., a cover which is used to protect outdoor equipment such as gasoline
pumps.
That area of a street within which vehicles are permitted,
including travel lanes and parking areas but not including curbs,
sidewalks or swales.
The use of electronic devices for the provision of wireless
messaging or data transmission services, provided by a system typically
including the following components: communication devices (telephones,
pagers or portable computers, etc.), a cell site/radio link or antenna
(sometimes including lattice or monopole tower) and a switching office.
Personal communications services (PCS) shall also be considered cellular
communications.
Property used for the interring of the dead.
Any use which is not substantially the same as the previous
use of a building or land.
The bed and banks of a natural stream which convey the constant
or intermittent flow of the stream.
The straightening and deepening of channels and/or the surfacing
thereof to permit water to move rapidly and/or directly.
Any home or facility, by whatever name known, which is maintained
for the care, development or supervision of six or more children under
13 years of age who attend for less than 24 hours a day. For a facility
that is located in a sponsor's home, the New Jersey Department of
Human Services shall not count the children residing in the sponsor's
home in determining whether the facility is serving the minimum number
of children that would require it to be licensed as a center.
A building or groups of buildings which by design and construction
are primarily intended for the conducting of organized religious services.
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 transshipment points.
The determination as to whether a plan is a minor or major
subdivision and/or site plan.
The removal of the majority of standing trees on a lot or
portion of a lot.
An establishment where patients are admitted for examination
and treatment by one or more physicians, dentists, psychologists or
social workers and where patients are not usually lodged overnight.
A group of people organized for a common purpose to pursue
common goals, interests or activities and usually characterized by
certain membership qualifications, payment of fees and dues, regular
meetings, and a constitution and bylaws.
An educational institution authorized by the state to award
associate, baccalaureate or higher degrees.
Any sign wording, logo, figure, symbol, color, illumination,
fixture, projection, or other representation that directly or indirectly
names, advertises, or calls attention to a business product, service,
or other commercial activity.
Any activity carried out for pecuniary gain.
Any motor vehicle licensed by the state as a commercial vehicle.
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.
A homeowners' association organized to own, maintain and
operate common facilities and open space and to enhance and protect
their common interests.
A building, structure, recreational device, service system,
or other facility generally available to and/or operated for the benefit
of residents, whether public or private, including but not limited
to swimming pools, tennis courts, bicycle paths, sewage treatment
plants, drainageways, municipal buildings, schools, and similar facilities.
A community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.), providing food, shelter
and personal guidance, under such supervision as required, to not
more than 15 persons with head injuries, who require assistance, temporarily
or permanently, in order to live in the community, and shall include
but not be limited to group homes, halfway houses, supervised apartment
living arrangements, and hostels. Such a residence shall not be considered
a health care facility within the meaning of the Health Care Facilities
Planning Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.).
[Amended 6-13-2002 by Ord. No. 10-02]
Any community residential facility licensed pursuant to N.J.S.A.
30:11B-1 et seq. providing food, shelter, and personal guidance, under
such supervision as required, to not more than 15 developmentally
disabled or mentally ill persons, who require assistance, temporarily
or permanently, in order to live in the community, and shall include
but not be limited to group homes, halfway houses, intermediate care
facilities, supervised apartment living arrangements, and hostels.
Such a residence shall not be considered a health care facility within
the meaning of the Health Care Facilities Planning Act, N.J.S.A. 26:2H-1
et seq. In the case of such community residence housing mentally ill
persons, such a residence shall have been approved for a purchase
of service contract or an affiliation agreement pursuant to such procedures
as shall be established by regulation of the Division of Mental Health
and Addiction Services. See "developmentally disabled person" and
"mentally ill person."[1]
Any community residential facility operated as a hospice
program providing food, shelter, personal guidance and health care
services, under such supervision as required, to not more than 15
terminally ill persons.
[Added 6-13-2002 by Ord.
No. 10-02]
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by the
New Jersey Department of Human Services pursuant to P.L. 1979, c.
337 (N.J.S.A. 30:14-1 et seq.), providing food, shelter, medical care,
legal assistance, personal guidance, and other services to not more
than 15 persons who have been the victims of domestic violence, including
any children of such victims, who temporarily require shelter and
assistance in order to protect their physical or psychological welfare.
[Amended 6-13-2002 by Ord. No. 10-02]
A determination as to whether an application contains all
information required by this chapter and contained on the applicable
submission checklist provided to the applicant.
An informal presentation and attendant documentation of a
proposed subdivision or site plan which is without legal standing
but which is intended to allow the applicant to receive suggestions
from the Planning Board and/or Development Review Committee.
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with all
the conditions and standards for the location or operation of such
use as contained in this chapter, and upon the issuance of an authorization
therefor by the Planning Board.
A building, or group of buildings, in which units are owned
individually and the structure, common areas and facilities are owned
by all the owners on a proportional, undivided basis.
The community association which administers and maintains
the common property and common elements of a condominium.
Next to, abutting, or touching and having a boundary, or
portion thereof, which is coterminous.
A residential use which combines both dwelling units and
a licensed, twenty-four-hour-a-day nursing care facility for the benefit
of residents. A continuing-care facility may also include common dining
facilities, recreational activities, and other accessory uses for
the exclusive benefit of its residents.
See "nursing home."
Development other than planned or cluster development.
See "lot, corner."
The Borough Council of the Borough of Clayton, said organization
being the elected governing body of the municipality.
The Planning Board of the County of Gloucester.
See "lot coverage" or "building coverage."
The branches and foliage of a tree; the upper portion of
a tree.
The turnaround at the end of a dead-end street.
A stone, bituminous or portland cement concrete, or wood,
etc., border usually marking the edge of the roadway or paved area.
A variance prescribed by N.J.S.A. 40:55D-70c.
A licensed principal use for the purpose of providing custodial
care of persons, for a period not to exceed 18 hours within a single
day, in return for the payment of tuition, fees, or other compensation.
Day care may include care of either children or adults who are unable
to care for themselves because of diminished capabilities. See also
the definition of "family day-care home."
Calendar days, including weekends and holidays.
Plants that drop their leaves before becoming dormant in
winter.
Gift or donation of property by the owner to another party.
The permitted number of dwelling units per gross acre of
land to be developed.
The relative size or magnitude of a flood, expressed as a
design discharge in cubic feet per second, which is developed from
hydrologic criteria, represents a major flood of reasonable expectancy,
reflects both flood experience and flood potential and is the basis
of the delineation of the floodway and flood hazard area and the water
surface elevations thereof in the floodplain reports.
The elevations of the water surface of the floodway design
flood and the flood hazard area design flood as shown on the flood
map included in the floodplain report.
The standards contained herein which set forth the specifications
of required improvements.
A constructed or natural water collector facility designed
to collect surface and/or subsurface water in order to impede its
flow and to release the same gradually, at a rate not greater than
that prior to development of the property, into natural or constructed
outlets.
The legal or beneficial owner or owners of a lot or of any
land included in a proposed development, including the holder of an
option or contract to purchase, or other persons having enforceable
proprietary interests in such land.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, or of
any mining, excavation, or landfill; and any use or change in the
use of any building or other structure, or land or extension of use
of land, for which permission may be required pursuant to the Municipal
Land Use Law[2] or this chapter.
A person who is developmentally disabled as defined by N.J.S.A.
30:11B-2.
A means of lighting a sign or other object by means of a
light source located within or directly on the object to be lit.
A part, zone or geographic area within the municipality within
which certain zoning or development regulations apply.
That portion of a lot covered by existing or proposed buildings
or structures and within a certain permitted distance around the same
as noted in § __.[3]
The removal of surface water or groundwater from land by
drains, grading, or other means.
The lands required for the installation and maintenance of
stormwater and sanitary sewers, water pipes or drainageways and other
utilities.
Any natural or artificial watercourse, trench, ditch, swale
or similar depression into which surface water flows.
The perimeter line on the ground measured from the outermost
edge of the vertical plane established by the branches of a tree.
A private roadway providing access for vehicles to a parking
space, garage, dwelling or other structure.
A manhole provided for inspection and maintenance of sewers
where an incoming sewer is higher than the outgoing sewer.
See "dwelling, two-family."
A variance prescribed by N.J.S.A. 40:55D-70d.
A structure, or an entirely self-contained portion thereof,
which is designed for and occupied principally as a place of residence
for one housekeeping unit. A dwelling must be suitable for year-round
occupancy and must contain facilities for cooking, sleeping, bathing,
and human sanitation which are for the exclusive use of the occupants
of the dwelling.
A dwelling unit which is designed for, and occupied exclusively
as, the residence of one housekeeping unit. Garden apartments may
have other dwellings intended for occupancy by one housekeeping unit
above or below, or adjacent to them within the same building. When
sold as condominium units, garden apartments can be referred to as
condominium flats or "condo flats."
A building which contains more than two dwellings, each of
which is intended for occupancy by one housekeeping unit.
A dwelling which is designed for, and occupied exclusively
as, the residence of one housekeeping unit and which is not attached
to any other dwelling.
A dwelling which is designed for, and occupied exclusively
as, the residence of one housekeeping unit and which is attached by
means of a common wall to one other dwelling intended for occupancy
by one housekeeping unit.
A dwelling which is designed for, and occupied exclusively
as, the residence of one housekeeping unit. Townhouse dwellings may
not have any other dwellings above or below them within the same building
and are attached by means of one or more common fire walls to two
or more other dwellings in the same building.
A structure on a single lot which contains two dwelling units,
each of which is designed for, and occupied exclusively as, the residence
of one housekeeping unit and which is totally separated from the other
by an unpierced wall extending from the ground to the roof or by an
unpierced ceiling and floor extending from exterior wall to exterior
wall, except for a common stairwell exterior to both dwelling units.
A grant of one or more of the property rights by the property
owner to and/or for use by the public, a corporation or another person
or entity.
Retail establishments selling food and drink for consumption
on the premises, including lunch counters and refreshment stands selling
prepared food and drink for immediate consumption.
Any building, structure or obstruction in, or on, a delineated
floodway, right-of-way, or adjacent land.
A written report which analyzes the effect of a development
upon the environment.
The Borough of Clayton Environmental Commission.
Features, natural resources, or land characteristics that
are sensitive to improvements and which may require conservation measures
or the application of creative development techniques to prevent degradation
of the environment, or which may limit the amount of development which
is possible.
The detachment and movement of soil or rock fragments by
water, wind, ice, and gravity.
Plants which have green leaves all year long.
The use of a lot or structure at the time of the enactment
of a zoning ordinance.
The exterior wall of a building exposed to public view or
that wall viewed by persons not within the building.
One or more individuals occupying a dwelling unit and living
as one housekeeping unit.
The private residence of a family day-care provider which
is registered by the New Jersey Division of Youth and Family Services
or an organization with which the Division contracts for family day
care as a family day-care home, pursuant to the Family Day-Care Provider
Registration Act, P.L. 1987, c. 27 (N.J.S.A. 30:5B-16 et seq.). A
family day-care home is an accessory use, shall be considered a home
occupation and shall not be subject to more stringent restrictions
than exist or apply to all other home occupations in the particular
residential zone in which it is located. The child-care services regularly
provided in a family day-care home serve no fewer than three nor more
than five children for a period of time of no less than 15 hours per
week nor more than 18 hours within a single day. The limitation on
the number of children for whom day-care service is provided shall
not include children who are legally related to the service provider
or who are being cared for as part of a cooperative agreement between
parents for the care of their children by one or more of the parents
where no payment for the care is being provided. See also the definitions
of "child-care center" and "day-care center."
An artificially constructed barrier of any material or combination
of materials erected to enclose or screen areas of land.
The official action of the Planning Board taken on a preliminarily
approved subdivision or site plan, after all conditions and requirement
have been met, and the required improvements have been installed or
guarantees properly posted for their installation, or approval has
been conditioned upon the posting of such guarantees.
The completed elevation of the land surface of a site after
final grading.
That portion of the floodplain outside of the floodway.
The floodway and additional portions of the floodplain that
are subject to flood flow at lesser depths and lower velocities than
the floodway, that are inundated by the flood hazard area design flood
and that are delineated in the floodplain reports.
The stream channel and the relatively flat area adjoining
the channel of a natural stream or river which has been or may be
covered by floodwater. The floodplain is made up of the floodway and
the flood fringe.
The channel of a natural stream or river and portions of
the floodplain adjoining the channel which are reasonably required
to carry and discharge the floodwater or flood flow of any natural
stream or river, in accordance with Federal Emergency Management Agency
(FEMA) regulations.
The sum of the gross horizontal areas of all floors of a
building measured from the exterior face of exterior walls, or from
the center line of a wall separating two buildings, but not including
interior parking spaces, loading space for motor vehicles, or any
space where the floor-to-ceiling height is less than 6.5 feet.
The total of all floor areas of a building, excluding stairwells
and elevator shafts, equipment rooms, interior vehicular parking or
loading, and all floors below the first or ground floor, except when
used or intended to be used for human habitation or service to the
public.
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
The unit used to measure lumens (the density of light) per
square foot. (Footcandle equals lumens/area.)
That side of a lot abutting on a street; the front lot line.
See "lot line, front."
See "yard, front."
A building licensed and used for the preparation of the deceased
for burial and the display of the deceased and ceremonies connected
therewith before burial or cremation.
A building or structure, or part thereof, used or intended
to be used for the parking and storage of vehicles.
See "dwelling, garden apartment."
See "automobile service station."
The effect produced by brightness sufficient to cause annoyance,
discomfort, or loss in visual performance and visibility.
Any department, commission, independent agency or instrumentality
of the United States, of a state, county, incorporated or unincorporated
municipality, the Borough, authority, district or other governmental
unit.
The degree of rise or descent of a sloping surface. See "slope."
See "floor area, gross."
The total floor area for which the tenant pays rent and which
is designed for the tenant's occupancy and exclusive use. Where specific
data is unavailable, this shall be assumed to be 90% of the gross
floor area.
Grasses or other plants grown to keep soil from eroding.
A shallow channel usually set along a curb or the pavement
edge of a road for the collection and transport of runoff.
A facility or institution, whether public or private, principally
engaged in providing services for health maintenance, diagnosis or
treatment of human disease, pain, injury, deformity or physical condition,
including but not limited to a general hospital, special hospital,
mental hospital, public health center, diagnostic center, treatment
center, rehabilitation center, extended care facility, skilled nursing
home, nursing home, intermediate care facility, tuberculosis hospital,
chronic disease hospital, maternity hospital, outpatient clinic, dispensary,
or other home for sheltered health care, or central health services
facility serving one or more such institutions but excluding institutions
that provide healing solely by prayer.
See "building height."
An area, either at ground level or elevated on a structure,
licensed or approved for the landing and takeoff of helicopters, and
including auxiliary facilities such as parking, waiting room, fueling
and maintenance equipment.
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing which has been
formally designated in the Master Plan or state or national registers
of historic places as being of historical, archaeological, cultural,
scenic or architectural significance.
The use of part of a detached single-family dwelling for
an occupation permitted under the zoning regulations. Home occupations
are permitted conditionally only when they conform to the appropriate
specific standards of this chapter. Family day-care homes shall be
considered home occupations and accessory uses which are not subject
to conditional use approval. The use may be conducted wholly or in
part from the residential building, but shall be limited to an accessory
use which is incidental to the principal residential use. Such occupations
shall be conducted solely by resident occupants of the residential
building except that no more than one person not a resident of the
building may be employed and provided also that no more than 900 square
feet, or the equivalent of half the first floor area of the building,
whichever is smaller, shall be used for such purposes; that the minimum
area for the residence shall remain at least as large as that required
for residences; that no display of products shall be visible from
the street; that no employees are dispatched to work assignments from
the home; that no employee vehicles are parked on or around the residential
lot while the employees work elsewhere; that there shall be no more
than one motor vehicle used in the home occupation and that vehicle
shall be parked on site; no motor vehicle used in the home occupation
shall be parked elsewhere in the residential zone; that the residential
character of the building shall not be changed; that no signs shall
be displayed other than the name of the occupation as permitted under
the sign regulations; that the occupation shall be conducted entirely
within a detached single-family dwelling, but shall not be conducted
either in the yard in an accessory building; that no occupational
sound shall be audible outside the building; that no machinery or
equipment shall be used which will cause interference with radio and
television reception in the neighboring residences; and that the use
does not reduce the parking or yard requirements of the principal
residential use. A person who resides in a home and has an area devoted
to a study, office or library shall be permitted as a customary and
incidental accessory use and shall not be considered a home occupation,
provided that there are no employees, no clients visiting the site,
no signs, no lighting and no deliveries.
[Amended 5-26-2022 by Ord. No. 9-2022]
An association, other than a condominium association, which
is organized in a development in which individual owners share common
interests in open space and facilities. See "community association."
A health care facility 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.
A commercial facility offering transient lodging accommodations
to the general public and providing additional services such as restaurants,
meeting rooms, and recreation facilities. See "boardinghouse" and
"inn."
One or more persons living together in one dwelling unit
on a nonseasonal basis and sharing living, sleeping, cooking and sanitary
facilities on a nonprofit basis.
The area of all portions of the lot which are covered by
impervious surfaces divided by the entire area of the lot.
Any material which reduces the absorption of stormwater into
previously undeveloped land. These include buildings, driveways, streets,
sidewalks, and similar surfaces.
A development containing both affordable housing units and
market-rate units. This term includes, but is not necessarily limited
to, new construction, the conversion of a nonresidential structure
to residential and the creation of new affordable housing units through
the reconstruction of a vacant residential structure.
[Amended 3-11-2021 by Ord. No. 3-2021]
A means of lighting a sign or other object by means of a
light source which is located beyond the object to be lit but which
is directed or reflected upon it.
A tract of land that has been planned, developed and operated
as an integrated facility for a number of individual industrial uses,
with special attention to circulation, parking, utility needs, and
aesthetics.
Any lot or parcel of land containing an industrial use or
building of such uses as may be defined in this chapter.
Those fields of economic activity including forestry, fishing,
hunting and trapping; mining; construction; manufacturing; transportation,
communication, electric, gas, and sanitary services; and wholesale
trade.
Facilities and services for the support of industrial, commercial,
institutional and residential activities, including water, sewerage,
streets, communications, utilities, public facilities such as schools,
parks, firehouses, and libraries.
A commercial facility usually limited to the housing and
feeding of transients.
A nonprofit or quasi-public use or institution such as a
church, library, public or private school, hospital, or municipally
owned or operated building, structure or land used for public purpose.
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey, or, in a civil proceeding, any person, whether
residing within or outside the municipality, whose right to use, acquire,
or enjoy property is or may be affected by any action taken under
this chapter, or whose rights to use, acquire, or enjoy property under
this chapter, or any other law of this municipality, state, or of
the United States, have been denied, violated, or infringed by an
action or a failure to act under this chapter.
Where two or more roads cross at grade.
In street design, a raised area, usually curbed, which is
placed to guide traffic or separate lanes or used for landscaping,
signage, or lighting.
Scrap, waste, reclaimable material or debris as defined by Chapter 64B, Junkyards, in the Code of Borough of Clayton.
Any area, lot, land, parcel, building or structure or part
thereof used for the storage, collection, processing, purchase, sale
or abandonment of junk.
Ground, soil or earth, including structures on, above or
below the surface.
See "sanitary landfill."
The addition or retention of lawns, trees, plants, and other
natural and decorative features to the land.
An individual certified as a landscape architect by the State
of New Jersey.
A description of how land is occupied or utilized.
That portion of the Borough of Clayton Master Plan which
shows the existing and proposed location, extent and intensity of
development of land to be used now or in the future for varying types
of residential, commercial, industrial, institutional and other public
and private purposes or combination of purposes.
An off-street space or berth used for the temporary loading
or unloading of commercial vehicles.
A designated parcel, tract or area of land established by
plat, subdivision, or as otherwise permitted by law, to be used, developed,
or built upon as a unit.
The total area within the property lines of a lot, exclusive
of any area within a street right-of-way.
A lot or parcel of land abutting upon two or more streets
at their intersection, or upon two parts of the same street forming
an interior angle of less than 135°. Each corner lot shall have
two front yards, one side yard and one rear yard.
The distance measured from the front lot line to the rear
lot line. The minimum lot depth shall apply over no less than 80%
of the required lot width.
The length of the front lot line measured at the street right-of-way
line.
The lot line separating a lot from a street right-of-way.
The lot line opposite and most distant from the front lot
line or, in the case of triangular or otherwise irregularly shaped
lots, a line 10 feet in length entirely within the lot, parallel to
and at a maximum distance from the front lot line.
Any lot line other than a front or rear lot line.
The smallest lot area established by this chapter on which
a use or structure may be located in a particular district.
The horizontal distance between the side lines of a lot measured
an equal distance from the front lot line at the minimum required
building setback line.
The largest retail establishment in a shopping center which
draws customers and thereby generates business for surrounding stores.
See "anchor tenant."
Any security acceptable to the governing body to insure the
maintenance of duly approved improvements installed by the developer
after the final inspection of the improvements and in accordance with
this chapter.
Any site plan not classified as a minor site plan.
Any project that individually or cumulatively will ultimately
disturb more than one acre of land, or will create more than 1/4 acre
of new impervious surfaces. Includes any such projects that received
final approval from any Borough entity after February 2, 2004, and
any that have not yet received final approval.
[Added 10-28-2021 by Ord. No. 17-2021]
Any subdivision not classified as a minor subdivision.
Establishments engaged in the mechanical or chemical transformation
of materials or substances into new products, including the assembling
of component parts, the manufacturing of products, and the blending
of materials such as lubricating oils, plastics, resins or liquors.
A roof-like structure projecting over the door of a theater
or other building.
A comprehensive long-range plan of the Borough of Clayton
intended to guide the growth and development of the Borough which
includes analyses, recommendations and proposals for the community's
population, economy, housing, transportation, community facilities
and land use and which shall have been adopted by the Planning Board.
That portion of a divided highway separating the traveled
ways of traffic proceeding in opposite directions.
A person who is afflicted with a mental illness as defined
in N.J.S.A. 30:4-27.2, but shall not include a person who has been
committed after having been found not guilty of a criminal offense
by reason of insanity or having been found unfit to be tried on a
criminal charge.[4]
Any development plan which is limited to the proposed construction
of any permitted accessory use(s), such as a sign, home occupation
or off-street parking area, or any development plan consisting of
an expansion of, or an addition to, an existing conforming structure
and use not exempted from site plan review by this chapter and not
accounting for more than 15% additional building coverage and not
exceeding 10,000 cubic feet of enclosed and roofed area, provided
that such development plan does not involve the installation of any
new road improvements or the expansion of any off-tract improvement
for water, sewer, drainage, streets, or similar improvement otherwise
required, and does not adversely affect the development of an adjoining
property or properties.
A subdivision of land for the creation of not more than four
lots (three new lots and the remaining parcel), provided that such
subdivision does not involve a planned development, any new street,
or the provision of any off-tract improvement otherwise required for
water, sewer, drainage, or a similar purpose and contains the information
reasonably required in order to make an informed determination as
to whether the requirements established by this chapter for approval
of a minor subdivision have been met. The limit as to the maximum
number of lots in a minor subdivision shall include all lots created
from the same tract or tracts within the previous five years, which
shall be certified to by the applicant.
See "hotel."
A layer of wood chips, dry leaves, straw, hay, or other material
placed on the surface of the soil around plants to retain moisture,
prevent weeds from growing, hold the soil in place, and to aid plant
growth.
For the purposes of establishing facilities for the collection
or storage of source-separated recyclable materials in new multifamily
housing developments, "multifamily housing development" means a building
containing three or more dwelling units occupied or intended to be
occupied by persons living independently of each other, or a group
of such buildings.
The Planning Board or Borough Council or any other agency
created by or responsible to the municipality when acting pursuant
to N.J.S.A. 40:55D-1 et seq.
A professional engineer, licensed by the State of New Jersey,
and appointed by the Borough Manager to represent the Borough's engineering
interests. See "Planning Board Engineer."
A professional planner, licensed by the State of New Jersey,
and appointed by the Borough Manager to represent the Borough's planning
interests. See "Planning Board Planner."
An area of the community with characteristics that distinguish
it from other community areas and which may include distinct ethnic
or economic characteristics, schools, or social clubs, or boundaries
defined by physical barriers such as major highways and railroads
or natural features such as rivers.
See "automobile sales."
Any undesired audible sound, as defined by the Code of the
Borough of Clayton.
A building or structure, the size, dimensions or location
of which was lawful prior to the adoption, revision or amendment of
this chapter but which fails by reason of such adoption, revision
or amendment to conform to the present requirements of this chapter.
A lot, the area, dimensions or location of which was lawful
prior to the adoption, revision or amendment of this chapter but which
fails to conform to the present requirements of this chapter by reason
of such adoption, revision or amendment.
Any sign which was lawful prior to the adoption, revision
or amendment of this chapter but which fails to conform to the present
requirements of this chapter by reason of such adoption, revision
or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of this chapter but which fails by reason of
such adoption, revision or amendment to conform to the present requirements
of this chapter.
Any tree with a diameter less than 24 inches, but at least
eight inches.
An interference with the enjoyment and use of property.
Land or greenhouses used to raise flowers, shrubs and plants
for sale.
See "day-care center."
An extended or intermediate health care facility licensed
or approved to provide full-time convalescent or chronic care to individuals
who, by reason of advanced age, chronic illness or infirmity, are
unable to care for themselves.
The residing of an individual or individuals overnight in
a dwelling unit, or the installation, storage or use of equipment,
merchandise or machinery in any public, commercial or industrial building.
The individual or individuals in actual possession of a premises.
Gainful employment in which an individual engages to earn
compensation for the necessities of life.
A room or group of rooms used for conducting the affairs
of a business, profession, service, industry, or government.
A building used primarily for conducting the affairs of a
business, profession, service, industry or government or like activity,
that may include ancillary services for office workers such as a restaurant,
coffee shop, or newspaper or candy stand.
A development on a tract of land that contains a number of
separate office buildings, supporting uses and open space and which
is designed, planned, constructed and managed on an integrated and
coordinated basis.
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.
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.
Located on the lot in question.
Located on a property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, and 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.
Land within or related to a development, not individually
owned, which is designed and intended for the common use or enjoyment
of the residents of the development and may include such complementary
structures and improvements as are necessary and appropriate.
A municipally adopted law or regulation.
A separate accessory building or structure not physically
connected to the principal building.
The keeping in an unroofed area of any goods, junk, material,
merchandise, or unregistered vehicles in the same place for more than
24 hours.
The extension of the main walls of a building above the roof
level.
A lot or tract of land.
Any public or private land area designed and used for parking
motor vehicles, including parking lots, garages, private driveways
and legally designated areas of public streets.
An off-street, ground level area, usually surfaced and improved,
for the temporary storage of motor vehicles. See "garage"; "parking
area."
A temporary storage area for a motor vehicle that is directly
accessible to an access aisle and which is not located on a dedicated
street right-of-way.
An area either within a structure or in the open, exclusive
of driveways, access drives and fire lanes, except that nothing shall
prohibit private driveways for dwelling units from being considered
off-street parking areas, provided that no portion of such public
driveway within the right-of-way line of the street intersected by
such driveway shall be considered an off-street parking space.
A rough test designed to determine the ability of ground
to absorb water, which has been used to test the suitability of a
soil for the use and design of a septic system.
Any security that may be accepted by a municipality as a
guarantee that improvements required as part of an application for
development will be satisfactorily completed.
A rating of the ability of a substance to allow water to
pass through the openings or intersects.
Any permit in writing as issued by a designated Borough official
or by a county, state, or federal agency, or any other applicable
permit.
Any use allowed in a zoning district and subject to the restrictions
applicable to that zoning district.
Any material that permits passage of stormwater through the
material.
A corporation, company, association, society, firm, partnership,
or joint-stock company, as well as an individual, and all political
subdivisions or any agency or instrumentality thereof.
Communication services encompassing a wide range of wireless
mobile technologies, chiefly cellular, paging, cordless voice, personal
communications networks, mobile data, wireless PBX, specialized mobile
radio and satellite-based systems.
Establishments primarily engaged in providing services involving
the care of a person or his or her agent.
Any person who has sustained an injury, illness or traumatic
changes to the skull, the brain contents or its coverings which results
in a temporary or permanent physiobiological decrease of mental, cognitive,
behavioral, social or physical functioning which causes partial or
total disability.
A building or structure, or groups of buildings or structures,
which by design and construction are primarily intended for the conducting
of organized religious services and accessory uses associated therewith.
The duly designated Planning Board of the Borough of Clayton.
A professional engineer, licensed by the State of New Jersey,
and appointed by the Borough Planning Board to represent its engineering
interests. See "Municipal Engineer."
A professional planner, licensed by the State of New Jersey,
and appointed by the Borough Planning Board to represent its planning
interests. See "Municipal Planner."
A map or maps of a subdivision or site plan.
A roofed open area, which may be screened, usually attached
to or part of and with direct access to or from a building.
Water suitable for drinking purposes.
The conferral of certain rights prior to final approval after
specific elements of a development plan have been agreed upon by the
Planning Board and the applicant.
Architectural drawings prepared during early and introductory
stages of the design of a project, illustrating in a schematic form
its scope, scale, and relationship to its site and immediate environs.
A plan indicating the proposed layout of a development and
related information that is submitted for preliminary subdivision
or site plan approval.
A building in which is conducted the principal use of the
lot on which it is located.
The main purpose for which a lot or building is used.
The office of a member of a recognized profession and/or
an administrative or executive office, including but not limited to
architecture, medicine, dentistry, engineering, law, planning, accounting,
insurance, and real estate.
See "lot line."
Leisure-time activities, usually of a more formal nature
and performed with others, often requiring equipment and taking place
at prescribed places, sites or specialized fields.
A vehicular-type portable structure without permanent foundation,
which can be towed, hauled or driven, and primarily designed as temporary
living accommodation for recreational, camping and travel use and
including but not limited to travel trailers, truck campers, camping
trailers and self-propelled motor homes.
A place designed and equipped for the conduct of sports,
leisure time activities and other customary and usual recreational
activities.
Any leisure-time activity not considered active, including
such activities as walking and bird watching.
Space allocated for the collection and storage of source-separated
recyclable materials.
An establishment or other facility for carrying on investigation
in the natural, physical or social sciences, or engineering and development
as an extension of an investigation with the objective of creating
end products.
The removal of natural resources by means of mining, drilling,
or other extractive techniques from the surface or subsurface of the
land. For the purposes of this chapter, natural resources shall include
sand, gravel, minerals, or any other inorganic material but shall
exclude materials regulated by the New Jersey Board of Public Utilities.
An establishment where food and drink are prepared, served
and consumed primarily within the principal building.
A building or portion thereof where food and/or beverages
are sold in a form ready for consumption and where all or a significant
portion of the consumption takes place or is designed to take place
outside the confines of the building, often in a motor vehicle on
the site.
An establishment whose principal business is the sale of
pre-prepared or rapidly prepared food directly to the customer in
a ready-to-consume state for consumption either within the restaurant
building or off premises.
See "subdivision."
Establishments providing services or entertainment, as opposed
to products, to the general public.
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
A structure erected between lands of different elevation
to protect structures and/or to prevent the erosion of earth from
the upper slope.
A constructed or natural water collector used for the permanent
storage of runoff with no outlet provided.
To change the zoning classification of particular lots or
parcels of land.
A strip of land acquired by reservation, dedication, forced
dedication, proscription or condemnation and intended to be occupied
or occupied by a road, sidewalk, railroad, electric transmission line,
oil or gas pipeline, waterline, sanitary storm sewer or other similar
use.
A site for solid waste disposal.
A structure designed and intended for the reception of radio
and television communications which are relayed by means of an earth
satellite.
The natural features of an open area which are visually significant
or geologically or botanically unique.
An easement the purpose of which is to limit development
in order to preserve a view or scenic area.
Any building or part thereof which is designed, constructed
or used for education or instruction in any branch of knowledge.
Any school licensed by the state and which meets state requirements
for elementary education.
Any building or group of buildings the use of which meets
state requirements for primary, secondary or higher education and
which use does not secure the major part of its funding from any governmental
agency.
Any school licensed by the state and which is authorized
to award diplomas for secondary education.
A secondary or higher education facility primarily teaching
usable skills that prepare students for jobs in a trade and meeting
the state requirements as a vocational facility.
A method of visually shielding or obscuring one abutting
or nearby structure or use from another by fencing, walls, berms or
densely planted vegetation.
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity, or other natural means
as a product of erosion.
The removal of larger trees on an individual basis while
leaving trees of a lesser size.
A structure containing separate storage spaces of varying
sizes, leased or rented as individual storage units.
See "dwelling, semidetached."
Establishments primarily engaged in providing services for
individuals, business and government establishments and other organizations.
See "automobile service station."
All effluent carried by sewers whether it is sanitary sewage,
industrial wastes or stormwater runoff.
The entire system of sewage collection, treatment and disposal.
A group of commercial establishments planned, constructed
and managed as a total entity and which include on-site customer and
employee parking, loading areas, common design features, and semi-enclosed
or enclosed customer walkways adjacent to the establishments. For
the purposes of this chapter, shopping centers shall contain a minimum
of 100,000 square feet of gross leasable area.
A paved or surfaced area, paralleling and usually separated
from the street, used as a pedestrian walkway.
See "yard, side."
A triangular-shaped portion of land established at street
intersections in which nothing is erected, placed, planted or allowed
to grow in such a manner as to limit or obstruct the sight distance
of motorists entering or leaving the intersection.
Any object, device, display or structure, or part thereof,
situated outdoors or indoors, which is used to advertise, identify,
display, direct or attract attention to an object, person, institution,
organization, business, product, service, event or location by any
means, including words, letters, figure, design, symbols, fixtures,
colors, illumination or projected images.
The rectangular, continuous area on the wall of a building
which extends from the top line of windows and doors on one floor
and the bottom line of the windows, roof, or cornice above it and
which is uninterrupted by architectural details or openings.
Any sign or part of a sign which changes physical position
by any movement or rotation or which gives the visual impression of
such movement or rotation.
The area of a sign which is computed by multiplying the greatest
height of the sign face by the greatest width of the sign face. The
sign area shall include the advertising surface and any framing, trim
or molding, but shall not include the supporting structure. See "signable
facade area."
A sign that is mounted or painted on or attached to an awning
that is otherwise permitted by this chapter.
A graphic or sign which has its letters or design applied
to cloth, canvas, or other flexible material which is durable and
weather resistant.
A sign which contains a commercial message and which directs
attention to a business, commodity, service or entertainment conducted,
sold or offered at a location other than the premises on which the
sign is located.
A sign that is mounted or painted on or attached to a canopy
that is otherwise permitted by this chapter.
A sign that is designed so that the message on the sign can
be easily and periodically altered.
Signs limited to directional messages, principally for pedestrian
or vehicular traffic, such as "one-way," "entrance," and "exit."
See "sign, wall."
Any nonmovable sign not affixed to a building.
A sign giving the nature, logo, trademark or other identifying
symbol, address, or any combination of the name, symbol and address
of a building, business, development or establishment on the premises
where it is located.
A sign lighted by or exposed to artificial lighting either
by lights on or in the sign or directed towards the sign. See "direct
illumination" and "indirect illumination."
A sign that is mounted or painted on or attached to a marquee
that is otherwise permitted by this chapter.
See "sign, billboard."
A temporary sign announcing or supporting political candidates
or issues in connection with any national, state or local election.
A sign that is wholly or partly dependent upon a building
for support and which projects more than 12 inches from such building.
A sign pertaining to the sale or lease of the premises, or
a portion of the premises, on which the sign is located.
A sign located in a district zoned for residential purposes
that does not contain any commercial message except for goods or services
legally offered on the premises on which the sign is located.
Any sign erected and constructed wholly on and over the roof
of a building, supported by the roof structure, and extending vertically
above the highest portion of the roof.
A sign constructed of paper, cloth, canvas, plastic or other
lightweight material intended to be displayed for a short period of
time, normally less than 30 days.
A sign or a portion of a sign whose sole purpose is to indicate
the time and/or temperature.
A sign affixed or painted on a vehicle or trailer and parked
at a specific location for a period of four or more days so that its
primary purpose is as a commercial message.
A sign fastened to or painted on the wall of a building or
structure in such a manner that the wall becomes the supporting structure
for, or forms the background surface of, the sign and which does not
project more than 12 inches from such building or structure.
A sign that is applied or attached to the exterior or interior
of a window or located in such manner within a building that it can
be seen from the exterior of the structure through a window.
See "dwelling, single-family."
Any plot or parcel of land or combination of contiguous lots
or parcels of land.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the lot, including but
not limited to topography, vegetation, drainage, floodplains, marshes,
and waterways;
The location of all existing and proposed buildings, drives,
parking spaces, walkways, means of ingress and egress, drainage facilities,
utility services, landscaping, structures, signs, lighting, and screening
devices; and
Any other information that may be reasonably required in order
to make an informed determination concerning the adequacy of the plan
in accordance with the requirements of this chapter. See "major site
plan" and "minor site plan."
See "concept plan."
The degree of deviation of a surface from the horizontal,
usually expressed in percent, degrees or ratio. See "grade."
A tree with a diameter of 24 inches or greater or a unique,
rare, or otherwise specifically selected plant or tree which most
typically represents a whole class or group, specifically in shape,
form, historical importance, or any other characteristics which may
be designated as such by the Borough.
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 approved pursuant to law; which is approved
by other official action as provided by the Municipal Land Use Law;[5] 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 such street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, paving areas and other areas within the street lines.
A street which collects traffic from local streets and connects
with minor and major arterials.
A street with a single common ingress and egress and with
a turnaround at the end.
A street with a single common ingress and egress and without
a turnaround at the end.
The edge of the existing or future right-of-way, whichever
may result in the widest right-of-way, as shown on the adopted Master
Plan or Official Map, forming the dividing line between the street
and a lot.
A street designed to provide vehicular access to abutting
property and to discourage through traffic.
A street with access control, channelized intersections,
and restricted parking, and which collects and distributes traffic
to and from minor arterials.
A street with signals at important intersections and stop
signs on the side streets, and which collects and distributes traffic
to and from collector streets.
A combination of materials to form a construction for use,
occupancy, or ornamentation, whether installed on, above, or below
the surface of land or water. Fences which are not used for the purposes
of corralling or otherwise containing livestock or poultry shall not
be considered to be a structure as defined by this chapter.
The division of a lot, tract or parcel of land into two 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 an appointed
subcommittee thereof to be for agricultural purposes where all resulting
parcels are five 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 or more adjoining lots, tracts or parcels
of land owned by the same person or persons and all of which are found
and certified by the Administrative Officer to conform to the requirements
of this chapter and are shown and designated as separate lots, tracts,
or parcels on the municipal Tax Map.
The term "subdivision" shall also include the term "resubdivision."
See "major subdivision" and "minor subdivision."
A retail establishment exceeding 20,000 square feet in area,
primarily selling groceries as well as other convenience and household
goods.
A water-filled enclosure, permanently constructed or portable,
having a depth of more than 18 inches below the level of the surrounding
land, or an above-surface pool, having a depth of more than 18 inches,
designed, used and maintained for swimming and bathing.
An occupant of land or premises who occupies, uses, and enjoys
real property for a fixed time, usually through a lease arrangement
with the property owner and with the owner's consent.
A building or part of a building devoted to showing motion
pictures or for dramatic, musical or live performances.
The removal of undesirable, competitive, diseased or damaged
trees so as to cultivate and improve the development of remaining
trees on the lot.
The configuration (relief) of the surface of a portion of
the earth showing natural and artificial features thereon, including
but not limited to contours, structures, hydrography, and vegetation.
An improved and equipped play area for small children usually
up to elementary school age.
An area, parcel, site, piece of land, or property which is
the subject of a development application.
See "school, vocational."
A structure on wheels, capable of being towed or hauled by
another vehicle, which is further defined by Chapter 72 of the Code
of the Borough of Clayton.
Any woody perennial plant usually having one main stem or
trunk and a more or less definitely formed crown, and which has the
potential based on its genus and species to grow to a height of 10
feet or more.
The width of a tree, equal to 7/22 of the circumference,
measured 4.5 feet above the ground.
A group of trees represented by a line depicting a common
drip line.
That portion of a lot outside of the disturbance zone.
The cutting down of a tree, the transplanting of a tree to
a site other than that under development, or the infliction of damage
to a tree which is of such severity as to show evidence within a period
of two years of irreparable harm leading to the ultimate death of
a tree. Examples of said serious damage include, but are not limited
to, damage inflicted to the root system by machinery, storage of materials,
and soil compaction; changing the natural grade above or below the
root system and around the trunk; damage inflicted on the tree permitting
fungus infection or pest infestation; excessive pruning; excessive
thinning; and paving with concrete, asphalt, or other impervious material
within such proximity as to be harmful to the tree.
The area under a tree extending from the trunk to the drip
line.
A single, one-way vehicle movement to or from a property
or study area.
The purpose or activity for which land or buildings are designed,
arranged, or intended, or for which land or buildings are occupied
or maintained.
See "accessory use."
See "conditional use."
See "existing use."
See "variance, use."
Establishments engaged in the generation, transmission and/or
distribution of electricity, gas or steam, including water and irrigation
systems and sanitary systems used for the collection and disposal
of garbage, sewage and other wastes.
A departure from the terms of this chapter authorized by
the appropriate municipal agency in accordance with the N.J.S.A. 40:55D-1
et seq.
See "d variance."
A self-propelled device used for transportation of people
or goods over land surfaces and licensed as a motor vehicle.
A building used primarily for the storage of goods and materials.
Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, waterway, gully, ravine or wash in
which water flows in a definite direction or course, either continuously
or intermittently, and has a definite channel, bed and banks.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation"; provided, however, that the delineation
of the wetland shall use a three-parameter approach involving hydrology,
soils, and vegetation which shall be acceptable to the New Jersey
Department of Environmental Protection or the U.S. Army Corps of Engineers,
whichever shall have primary jurisdiction.
A facility where the salvage from demolished structures is
stored out of doors and is available for resale or reuse.
An open space that lies between the principal or accessory
building or buildings and the nearest lot line. Such yard shall be
unoccupied and unobstructed from the ground upward except as may be
specifically provided in this chapter.
An open space extending the full width of the lot between
any building and the street line, and measured perpendicular to the
street line. Such front yard shall be unoccupied and unobstructed
from the ground upward except as may be specifically provided in this
chapter. In the case of a corner lot, each yard with frontage on a
street shall be considered a front yard.
A space extending the full width of the lot between the principal
building and the rear lot line, and measured perpendicular to the
rear lot line. Such rear yard shall be unoccupied and unobstructed
from the ground upward except as may be specifically provided in this
chapter. In the case of a corner lot, only one rear yard shall be
provided and the applicant may choose which yard is to be considered
the rear yard.
A space extending from the front yard to the rear yard between
the principal building and the side lot line, and measured perpendicular
to side lot line. Such side yard shall be unoccupied and unobstructed
from the ground upward except as may be specifically provided in this
chapter. In the case of a corner lot, not more than one side yard
shall be provided and the applicant may choose which yard is to be
considered the side yard.
A specifically delineated area or district in a municipality
within which regulations and requirements uniformly govern the use,
placement, spacing and size of land and buildings.
The dividing of a municipality into districts and the establishment
of regulations governing the use, placement, spacing and size of land
and buildings.
The map or maps which are a part of the zoning ordinance
and delineate the boundaries of zone districts.
The municipal official designated to enforce the provisions
of this chapter.
