Township of Elk, NJ Article II Definitions

§ 96-5 Definitions of terms.

A. For the purpose of this chapter, any words used in the present tense include the future. The singular number includes the plural and the plural the singular; the word "lot" includes the word "plot"; and the word "building" includes the word "structure"; the word "zone" includes the word "district"; the word "occupied" includes the word "designed" and the phrase "intended to be occupied"; the word "use" includes the words "arranged," "designed" and the phrase "intended to be used"; and the word "shall" is always mandatory.

B. The term "such as," where used herein, shall be considered as introducing a typical or illustrative rather than an entirely exclusive designation of permitted or prohibited uses, activities, establishments or structures. As used in this chapter, the following words, terms and phrases shall have the meaning indicated.

C. Definitions. As used in this chapter, the following terms shall have the meanings indicated:

ABANDONMENT

The relinquishment of property or a cessation of the use of a property by the owner with the intention neither of transferring rights to the property to another owner nor of resuming the use of the property.

ACCESSORY USE, STRUCTURE OR BUILDING

A use, structure or building that is customarily incidental and subordinate to that of the principal and on the same lot. No accessory use shall form the basis for a claim of right to a principal or main use.

ACTIVE RECREATION

Recreational activities which require physical participation including sports such as soccer, baseball, softball, tennis, basketball, field hockey, football, lacrosse and street hockey; and facilities including playground equipment of all types.

ACUTE-CARE FACILITY

A facility providing nursing care to sick, invalid, infirm, disabled or convalescent persons in addition to lodging and board or health-related service, or any combination of the foregoing.

ADMINISTRATIVE OFFICER

The Clerk of Elk Township, or any other municipal official designated by ordinance.

ADULT

Persons over the age of 18.

ADULT BOOKSTORE

A commercial establishment which, as one of its principal business purposes, offers for sale for any form of consideration any one or more of the following:

[Added 4-1-2010 by Ord. No. O-2010-7]

(1) Books, magazines, periodicals or other printed material or photographs, films, motion pictures, videocassettes, DVDs or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or

(2) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

ADVERSE EFFECT

Conditions or situations creating, imposing, aggravating or leading to impractical, unsafe or unsatisfactory conditions on a subdivided property, property subject to development or off-tract property, such as, but not limited to, improper circulation and drainage rights-of-way; inadequate drainage facilities; insufficient street widths; unsuitable street grades; unsuitable street locations to accommodate prospective traffic or coordinate and compose a convenient system; locating lots in a manner not adaptable for the intended purposes without danger to health or peril from flood, fire, erosion or other menace; providing for lots of insufficient size and neither providing nor making future allowance for access to the interior portion of the lot or for other facilities required by this chapter.

AFFORDABLE HOUSING PLAN

The document required to be submitted to and approved by the Planning Board on an application for inclusionary development. The plan should include, at a minimum, the number of low- and/or moderate-income units within the development, their location within the development, their phasing within the development and their adherence to all appropriate regulations of Elk Township and the Council on Affordable Housing.

AFFORDABLE UNIT

A housing unit in the Township, the sales or rental of which is established in accordance with this chapter and which shall be occupied by a low- or moderate-income household in accordance with this chapter.

AGENT

One or more persons designated to represent the applicant before either the Planning Board or Zoning Board.

AGE-RESTRICTED COMMUNITY (ARC)

A facility which has a primary purpose of providing housing and continuing care for people 55 years of age or older or where either the husband or wife is 55 years of age or older, and consists of independent apartment units, assisted-living units, and single-family detached and attached residential dwelling units and which must include ARC accessory uses.

AGE-RESTRICTED COMMUNITY (ARC) ACCESSORY USES

Within an ARC, any use reasonably necessary for, or incidental to, the operation of the facility or for the benefit or convenience of the residents and their guests including, but not limited to, kitchen and dining facilities; exercise and vocational rooms; places of worship; indoor and outdoor recreational buildings and uses including swimming pools; retail and banking facilities; beauty saloons and barber shops; gift shops; classrooms; security facilities; conference rooms; common areas; guest rooms; administration, general, medical and other offices associated with the ARC; postal center; pharmacy; maintenance facilities; hobby, craft and music rooms; library; computer and television rooms; heating and cooling equipment structures; and off-street parking and loading areas as required for the use of occupants of the ARC; signs as permitted; and garages, provided that the ARC accessory use is for the use and benefit of the ARC.

AGRICULTURE

The production, keeping or maintenance for sale, lease or personal use, of plants and animals useful to man, including but not limited to forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock including but not limited to beef cattle, sheep, swine, horses, ponies, mules or goats or any mutations of 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; nursery, floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program.

[Added 4-3-2003 by Ord. No. O-2003-3]

AIRPORT

Any area of land or water, or both, designed and set aside for the landing and taking-off of fixed-wing aircraft, utilized or to be utilized by the general public for such purposes, publicly or privately owned, and licensed by the Commissioner of Transportation as a public use airport or landing strip.

ALLEY

A public or private street primarily designed to serve as secondary access to the side or rear of the properties whose principal frontage is on some other street.

ALTERATIONS

As applied to a building or a structure, means a change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extension of a side or by increasing in height, or by moves from one location or position to another.

APARTMENT BUILDING

(1) LOW-RISE APARTMENT BUILDING Any apartment having one to three floors.

(2) MID-RISE APARTMENT BUILDING Any apartment having four or five floors.

(3) HIGH-RISE APARTMENT BUILDING Any apartment having six or more floors.

APPLICANT

Any person or entity submitting an application for any permit or approval pursuant to Article VI.

APPLICATION FOR DEVELOPMENT

The application form and all accompanying documents required by ordinance for approval of a subdivision, plan, planned development, conditional use, zoning variance, permit to build in a mapped area or for a structure not related to a street, or any other use or approval permitted under Article VI.

APPROVING AUTHORITY

The Planning Board of the municipality, unless a different agency is designated by ordinance, when acting pursuant to the authority of this chapter.

ARCHITECTURAL DETAIL

A prominent or significant part or element of a building, structure, sign or site.

[Added 12-18-2008 by Ord. No. O-2008-14]

AREA, BUILDING

See “floor area.”

ASSISTED-LIVING UNIT (ALU)

A dwelling unit varying in square feet from 200 to 500 square feet that provides a residential living environment assisted by congregate meals, housekeeping and personal services, for persons 55 years of age or older, who have temporary or periodic difficulties with one or more essential activities of daily living, such as feeding, bathing, dressing or mobility. ALUs shall be located in a facility that may include accessory uses including dining rooms, bathing areas, common areas, offices and other space necessary to provide the above services. The definition of "ALU" shall include any partially assisted and fully assisted living units.

AUTOMOBILE TRAILER, MOBILE HOME, TRAILER COACH or TRAILER

Any vehicle or structure designed and constructed in such manner as will permit occupancy thereof as sleeping quarters for one or more persons or the conduct of any business or profession, occupation or trade (or use as a selling or advertising device), and designed that it is or may be mounted on wheels and used as a conveyance on highways or streets, propelled or drawn by its own or other motive power, excepting devices used exclusively upon stationary rails or tracks.

AWNING

A rooflike cover that projects from the wall of a building for the purpose of shielding an entrance, doorway or window from the elements. For purposes of determining if setback requirements are met, setbacks are measured from the end of the awning.

BACKYARD AREA

The area of usable land between the rear building wall of the primary structure on the property and the closest of the rear property line, wetlands buffer, or if no buffer is provided, the wetlands line, or the boundary of any conservation or other restricted area. Utility easements located outside of the rear yard setback line, which permit the use of the land above or below such utility installation for nonstructural improvements, are not considered restricted areas for purposes of this definition.

BASEMENT

That portion of a building that is partly or completely below grade.

BEDROOM

A private room planned and intended for sleeping, separable from other rooms by a door, and accessible to a bathroom without crossing another bedroom or living room.

BICYCLE-COMPATIBLE ROADWAY

A road designed to accommodate the shared use of the roadway by bicycles and motor vehicles.

BICYCLE PATH

Bikeway physically separated from motorized vehicular traffic by an open space or barrier, and either within the highway right-of-way or within an independent right-of-way or easement.

BIKEWAY

Any road, path, or way in some manner that is specifically designated as being open to bicycle travel, regardless of whether such facilities are designated for the exclusive use of bicycles or are to be shared with other transportation modes.

BIOMASS

An agricultural crop, crop residue, or agricultural by-product that is cultivated, harvested or produced on the farm and which can be used to generate energy in a sustainable manner.

[Added 4-1-2010 by Ord. No. O-2010-9; amended 8-5-2010 by Ord. No. O-2010-41]

BLOCK

An area bounded by streets.

BODY ART

The practice of physical body adornment in establishments operated by licensed operators utilizing, but not limited to, the following techniques: body piercing; tattooing; and permanent cosmetics.

[Added 4-1-2010 by Ord. No. O-2010-7]

BODY ART STUDIO

Any premises, operated by a licensed operator(s), utilizing, but not limited to, the following techniques: body piercing; tattooing; and permanent cosmetics for a fee or other consideration.

[Added 4-1-2010 by Ord. No. O-2010-7]

BUFFER

An area within a property or site, generally adjacent to and parallel with the property line, either consisting of trees, shrubs or other landscaping and/or berms, designed to continuously limit the view and control other impacts of the site from adjacent sites, properties or roadways.

BUFFER LANDSCAPING

Landscaping, including permitted fencing, placed within designated buffers.

BUILDABLE AREA

The central portion of any lot lying inward from all required setback lines.

BUILDING

Any structure or extension thereof or addition thereto having a roof supported by columns, posts, piers or walls and intended for the shelter, housing or enclosure of any person, animal, process, equipment, goods or materials of any kind or nature.

BUILDING HEIGHT

The vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point of the roof deck to the deck line of a mansard roof and to the average height between the plate and ridge of a gable, hip or gambrel roof.

BUILDING LINE

A line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered section of a building, the vertical plane will coincide with the most projected surface. All yard requirements are measured to the building line.

BUILDING SEPARATION

The distance between two buildings measured from the face of the outer walls. Minor architectural features such as chimneys, roofs, overhangs, decks and window bays shall not be considered the face of a building, provided that such features do not extend more than six feet into the minimum building separation area (measured from the face of the foundation wall).

BUSINESS, RETAIL

An establishment with the set purpose of selling commodities or goods in relatively low quantities to ultimate consumers for personal or household consumption.

BUSINESS, WHOLESALE

An establishment with the set purpose of selling commodities or goods in large quantities typically to a retail merchant for resale.

CAMPER

(1) A self-propelled, vehicular structure built as a single unit on a chassis and designed for temporary living or travel, recreation, vacation or other short-term uses which may contain cooking, sleeping and sanitary facilities;

(2) An immobile structure containing cooking and sleeping facilities for travel, recreation, vacation or other short-term use and designed to be attached to the body of another vehicle for transporting from one location to another;

(3) A portable, vehicular structure built on a chassis, designed for camping, the body of which is basically rectangular with a flat top not more than four feet above the surface of the ground. The camper is designed to have a temporary tent erected above the four-foot level for camping activities; or

(4) A portable structure built on a chassis, designed for towing and as a temporary dwelling for travel, recreation, vacation and other short-term uses and having an outside body width not exceeding eight feet and a length not exceeding 30 feet and which may contain cooking, sleeping and sanitary facilities.

CAMPGROUND

Any park, trailer park, trailer court, camp, site, lot, parcel or tract of land designed, maintained or intended for the purpose of supplying a location for occupancy by camping units as a temporary living quarters for children or adults, or both, for recreation, education or vacation purposes and includes all buildings used or intended for use as part of the equipment thereof, whether a charge is made for the use of the camping unit and its facilities or not.

[Added 4-1-2010 by Ord. No. O-2010-5]

CAMPING UNIT

A tent, trailer, cabin, lean-to, recreational vehicle or similar structure established, maintained and operated in a campground as a temporary living quarters for recreation, education or vacation purposes.

[Added 4-1-2010 by Ord. No. O-2010-5]

CAMPSITE

An area specifically marked on a campground map and numbered, lettered or otherwise designated as a site to accommodate either one or two camping units to provide temporary accommodations.

[Added 4-1-2010 by Ord. No. O-2010-5]

CANNABIS

All parts of the plant Cannabis sativa and Cannabis indica, whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured in accordance with P.L. 2021, c. 16 (C. 24:6I-31 et al.) for use in cannabis products, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product.

[Added 6-21-2022 by Ord. No. O-3-2022]

CANNABIS BUSINESS

Any person or entity that holds any of the six classes of licenses established under P.L. 2021, c. 16, the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act" (CREAMMA).

[Added 6-21-2022 by Ord. No. O-3-2022]

CANNABIS CULTIVATOR

Any licensed person or entity that grows, cultivates, or produces cannabis, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 1 cannabis cultivator license.

[Added 6-21-2022 by Ord. No. O-3-2022]

CANNABIS DELIVERY SERVICE

Any licensed person or entity that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer. This person or entity shall hold a Class 6 cannabis delivery license.

[Added 6-21-2022 by Ord. No. O-3-2022]

CANNABIS DISTRIBUTOR

Any licensed person or entity that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment, and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities. This person or entity shall hold a Class 4 cannabis distributor license.

[Added 6-21-2022 by Ord. No. O-3-2022]

CANNABIS ESTABLISHMENT

A cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.

[Added 6-21-2022 by Ord. No. O-3-2022]

CANNABIS ESTABLISHMENT LICENSE

An establishment with one or many of the licenses to operate as defined by the CREAMMA Act:

[Added 6-21-2022 by Ord. No. O-3-2022]

(1) Class 1: Cannabis cultivator license, for facilities involved in growing and cultivating cannabis;

(2) Class 2: Cannabis manufacturer license, for facilities involved in the manufacturing, preparation, and packaging of cannabis items;

(3) Class 3: Cannabis wholesaler license, for facilities involved in obtaining and selling cannabis items for later resale by other licensees;

(4) Class 4: Cannabis distributor license, for businesses involved in transporting cannabis plants in bulk from one licensed cultivator to another licensed cultivator, or cannabis items in bulk from any type of licensed cannabis business to another;

(5) Class 5: Cannabis retailer license for locations at which cannabis items and related supplies are sold to consumers; and

(6) Class 6: Cannabis delivery license, for businesses providing courier services for consumer purchases that are fulfilled by a licensed cannabis retailer in order to make deliveries of the purchased items to a consumer, and which service would include the ability of a consumer to make a purchase directly through the cannabis delivery service which would be presented by the delivery service for fulfillment by a retailer and then delivered to a consumer.

CANNABIS MANUFACTURER

Any licensed person or entity that processes cannabis items in this state by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 2 cannabis manufacturer license.

[Added 6-21-2022 by Ord. No. O-3-2022]

CANNABIS PRODUCT

A product containing usable cannabis, cannabis extract, or any other cannabis resin and other ingredients intended for human consumption or use, including a product intended to be applied to the skin or hair, edible cannabis products, ointments, and tinctures. "Cannabis product" does not include: (1) usable cannabis by itself; or (2) cannabis extract by itself; or (3) any other cannabis resin by itself.

[Added 6-21-2022 by Ord. No. O-3-2022]

CANNABIS RETAILER

Any licensed person or entity that purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, and sells these to consumers from a retail store, and may use a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers. A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer. This person or entity shall hold a Class 5 cannabis retailer license.

[Added 6-21-2022 by Ord. No. O-3-2022]

CANNABIS WHOLESALER

Any licensed person or entity that purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers. This person or entity shall hold a Class 3 cannabis wholesaler license.

[Added 6-21-2022 by Ord. No. O-3-2022]

CANOPY

A permanent ornamental roof-like structure, or a permanent covered area which extends from the walls of building, protecting an entrance, doorway or windows from the elements.

CAPITAL IMPROVEMENT

A governmental acquisition of real property or major construction project.

CARPORT

A nonenclosed accessory roofed structure providing space for the parking of motor vehicles.

[Added 8-3-2006 by Ord. No. O-2006-2]

CARTWAY

That area of a street within which vehicles are permitted, including travel lanes and parking areas but not including shoulders, curbs, sidewalks or swales.

CEILING HEIGHT, MINIMUM

The minimum ceiling height shall not be less than seven feet, six inches for all residential structures.

CELLAR

A story partly underground which has less than half its height above ground level.

CHANGEABLE COPY

A sign that is designed so that the message on the sign can be easily and periodically altered.

[Added 12-18-2008 by Ord. No. O-2008-14]

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 transshipment points.

CLEAR-SIGHT DISTANCE

A line of unobstructed vision from a point 3 3/4 feet above the center line of a street to a point on the same center line.

CLEAR-SIGHT TRIANGLE

A triangular area at a street intersection with another street, alley, or driveway where vision from an automobile is unobstructed, formed by the intersecting street lines and a line drawn between points on the street center lines located a required distance in feet from the intersection of the center lines.

CLUSTER or CLUSTERING

The grouping of buildings or lots by reducing the minimum lot size for subdivisions or situating buildings closer together, provided that the total development density does not exceed that which could be constructed on the site under conventional zoning subdivision regulation unless a density bonus is provided. The additional land that remains undeveloped is then preserved as open space, recreational land and as an environmental resource.

COMMERCIAL BILLBOARD

An advertising sign, structure or symbol erected and maintained by an individual or corporation engaged in the sale or rental of space thereon to a clientele of manufacturing, service or commercial enterprises, upon which space is displayed, by means of painting, posting or other means, advertising copy describing products or services which are not made, produced, assembled or sold from the premises on which the advertisement is displayed.

COMMON PROPERTY

A parcel or parcels of land or an area of water, or a combination of land and water, together with the improvements thereon and designed and intended for the ownership, use and enjoyment shared by the residents and owners of the development. Common property may contain such complementary structures and improvements as are necessary and appropriate for the benefit of the residents and owners of the development.

COMPLETED APPLICATION

An application which has met all of the requirements of this chapter. In order to be complete, an application must be accompanied by all required fees and all escrow deposits. In addition, real estate taxes and municipal assessments, if any, must be paid up to and including the date of application by the developer for the application to be deemed as complete. No application for a planned unit development will be considered complete until the applicant has calculated and delineated the area of wetlands based upon a wetlands delineation approved by the Department of Environmental Protection.

CONDITIONAL USE

A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter, and upon the issuance of an authorization by the Planning Board.

CONGREGATE-CARE FACILITIES

A congregate-care facility may include residential units and common dining facilities, recreational activities, and other accessory uses for the exclusive benefit of its residents, regulated by N.J.A.C. 8:33H and 8:36-1 et seq.

CONSERVATION AREA or CONSERVATION EASEMENT

A designated area of land which is intended to be preserved and managed for the protection of its natural resources, and where appropriate, opened to the public for passive enjoyment of natural resources.

CONSTRUCTION CODE OFFICIAL

The official appointed by the Township Committee who holds such position pursuant to and in accordance with Article III.

CONTIGUOUS

Lands that abut each other or are separated only by streets or roads (public or private, including limited access highways), ways, easements, pipelines, electric power lines, public open space, conduits or rights-of-way, owned in fee or less than fee, by third parties.

CONTINUING-CARE RETIREMENT COMMUNITY (CCRC)

A facility which has a primary purpose of providing housing and continuing care for people 55 years of age or older or where either the husband or wife is 55 years of age or older, and consists of independent apartment units, assisted-living units, skilled-care nursing units and/or CCRC accessory uses, all as defined herein and as regulated by N.J.S.A. 52:27D-330 through 357, known as the “Continuing Care Retirement Community Regulation and Financial Disclosure Act.” For purposes of this chapter, "continuing care" means the provision of lodging, nursing, medical or other health-related services at the same or another location to an individual pursuant to an agreement effective for the life of the individual or for a period greater than one year, including mutually terminable contracts, and in consideration of the payment of an entrance fee with or without other periodic charges to an individual who is 55 years of age or older or where either the husband or wife is 55 years of age or older.

CONTRIBUTION

Every loan, gift, subscription, advance or transfer of money or other things of value, including any item of real property or personal property, tangible or intangible (but not including services provided without compensation by individuals volunteering a part or all of their time on behalf of a candidate, committee or organization), made to or on behalf of any candidate, candidate committee, joint candidates committee, political committee, continuing political committee or political party committee and any pledge, promise or other commitment or assumption of liability to make such a transfer.[1]

CONVENIENCE COMMERCIAL

Uses and facilities designed to serve residents in their immediate vicinity.

CONVENIENCE STORE

A retail establishment offering for sale prepackaged food products, household items and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet.

CONVENTIONAL

A development other than planned development.

COUNTY MASTER PLAN

Means a composite of the Master Plan for the physical development of the county in which the municipality is located, with accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board.

COVERAGE

(1) BUILDING COVERAGE The building area covered by all buildings on a lot, including all roofed areas on a lot, fixed or temporary, expressed as a percentage of the total lot area.

(2) TOTAL COVERAGE The building coverage plus the area of paved surfaces which cover a lot such as required parking spaces and necessary maneuvering areas, passageways/driveways giving access thereto, services areas, accessways, streets, walkways, patios and plazas.

CUL-DE-SAC

A residential street with access closed at one end by a vehicular turn around.

CURB LEVEL

The average level of the curb in front of the lot.

DAY-CARE CENTER/NURSERY SCHOOL/CHILD-CARE CENTER

A building or structure where care, protection and supervision are provided on a regular schedule at least twice a week to four or more children between two and five years of age and which is licensed or approved to operate as a child-care center.

DAYS

Calendar days.

DECK

An open-floor-type structure having neither roof, walls, nor enclosing features except for safety handrails.

DENSITY

The permitted number of dwelling units per gross acre of land on a particular tract.

DEPENDENT TRAILER COACH

A trailer coach which does not have a toilet and a bathtub or shower.

DETENTION BASIN

A man-made or natural stormwater management collector facility designed to collect surface and subsurface water in order to impede its flow and to release the same gradually at a rate not greater than that prior to the development of the property into natural or man-made outlets.

DEVELOPABLE AREA

All lands exclusive of wetlands and wetland buffers and other nonusable acreage as certified by the Department of Environmental Protection or other agency.

DEVELOPER

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

DEVELOPMENT

The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alterations, 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 this chapter.

DEVELOPMENT REGULATION

A zoning, subdivision, plan, unified development ordinance, or other Township regulation of the use and development of land, or amendment thereto.

DRAINAGE

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

DRAINAGE RIGHT-OF-WAY

The lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter One of Title 58 of the New Jersey Revised Statutes.

DWELLING

A building having one or more rooms providing living facilities for one family including equipment for cooking or provisions for the same; provided, however, that trailers or campers as defined herein shall not be considered as buildings or dwellings within the scope of this chapter. Dwellings shall include but not be limited to the following types:

(1) SINGLE-FAMILY DETACHED DWELLINGS A dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means.

(2) TWO-FAMILY DWELLING A freestanding building on one lot, or within a lot held in common ownership serving two families, with private entrances to each dwelling.

(3) SINGLE-FAMILY (DUPLEX HORIZONTAL) SEMIDETACHED DWELLING — Dwellings on adjacent lots or held in common ownership with one common vertical party wall, or dwellings with two party walls within which walled open courtyards or patios are provided for each dwelling.

(4) SINGLE-FAMILY ATTACHED DWELLING A single-family dwelling in a row of at least three such dwellings in which each dwelling has its access to the dwelling and is separated from any other dwelling by one or more fire-resistant walls.

(5) MULTIFAMILY DWELLINGS Three or more dwellings located within a single building, with a private entrance to each dwelling, not more than three stories above ground level.

(6) ZERO-LOT LINE DWELLING A single-family detached dwelling unit with one of its sides directly on a lot line and with its remaining three sides fronting on yard areas.

(7) TRIPLEX A dwelling unit containing three dwellings, each of which has direct access to the outside or to a common hall.

(8) TOWNHOUSE A one-family dwelling in a row of at least three such units in which each has its own front and rear access to the outside, no unit is located over another unit, and each is separated by one or more common fire-resistant walls.

(9) GARDEN APARTMENT A multifamily structure with access from a common hall or through individual entrances. Dwelling units can be located on top of each other and also back to back.

(10) UNIT One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.

EASEMENT

A grant of one or more of the property rights by the owner to, or for the use by, the public, a corporation, or another person or entity.

EFFICIENCY STRUCTURE

A one- or two-story structure housing two or more dwelling units designed only for residential occupancy on a cooperative or rental basis, which units include complete minimum housekeeping facilities for a family group.

ENVIRONMENTAL COMMITTEE

A municipal advisory body.

EROSION

The detachment and movement of soil or rock fragments by water, wind, ice and gravity.

FACADE

The total wall surface, including door and window area, of a building's principal face. In the case of corner buildings which front on more than one street, only one face shall be used to calculate the facade area.

FAMILY

One or more persons occupying a dwelling unit as a single nonprofit housekeeping unit, who are living together as a stable and permanent living unit, being a traditional family unit or the functional equivalency thereof.

[Amended 10-2-2008 by Ord. No. O-2008-13]

FARM

A tract of land at least five acres in size used for the growing and harvesting of crops and the raising and breeding of certain animals, including truck farms, fruit farms, nurseries and greenhouses, dairies and livestock fodder.

FARMHOUSE

Dwelling on farm property qualifying for farmland assessment and housing the owner or operator of said farm.

FARMING

Agricultural activity or the raising of livestock, poultry or small animals as a major source of income and if conducted on a lot or plot of not less than three acres in area.

FARM MARKET

A facility used for the wholesale or retail marketing of the agricultural output of a commercial farm and products that contribute to farm income. At least 51% of the sales area must be dedicated to the sale of products from the particular commercial farm, and 51% of the sales must be the product of the particular commercial farm. The facility may be operated seasonally or year round and may consist of a temporary or permanent structure.

[Added 6-7-2007 by Ord. No. O-2007-7]

FAST-FOOD OPERATIONS

A business establishment where food and drink are sold ready for consumption and where customers consume the food and drink either inside or outside the confines of the establishment.

FENCE

A vertical enclosure, or partial enclosure solid or partially open, to prevent straying from within or intrusion from without (or merely decorative purposes). A fence over seven feet in height is also considered a structure for purposes of this chapter.

[Amended 6-3-2004 by Ord. No. O-2004-5]

FINAL APPROVAL

The official action of the reviewing board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranties.

FINAL PLAT

The final map of all or a portion of the subdivision that is presented to the Planning Board for final approval in accordance with this chapter and which if approved shall be filed with the proper County Recording Officer.

FINANCIAL INSTITUTIONS

Any structure wherein business of primarily a financial nature is transacted, such as banks, savings and loans companies, mortgage companies and similar institutions.

FLAG LOT

A lot which has a narrow pole with less than the required frontage from an existing right-of-way to a large flag area. These lots shall be prohibited throughout the Township.

[Added 6-3-2004 by Ord. No. O-2004-5]

FLOOD FRINGE AREA

The portion of the flood hazard area outside of the floodway.

FLOOD HAZARD AREA

Land in the floodplain subject to a 1% or greater chance of flood in any given year.

FLOODPLAIN

The area adjoining any natural stream and including any water or drainage course or body of water subject to periodic flooding or overflow based on the one-hundred-year or 1% flood.

FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the one-hundred-year flood without cumulatively increasing the water surface elevation more than one foot at any point.

FLOOR AREA (also referred to as “GROSS FLOOR AREA”)

The gross horizontal area of the floor, or the sum of the gross horizontal area of several floors, of an enclosed building or structure used for residential, business or commercial activities. The area is 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 six feet. The gross floor area of retail stores, service shops and banks shall be equal to gross leasable area less any areas devoted exclusively to staff facilities or storage of inventory.

FLOOR AREA RATIO

The sum of the area of all floors of buildings or structures compared to the total area of the site.

GARAGE, PRIVATE

A building or space used as an accessory to the main building which provides the storage of motor vehicles or other personal property and in which no occupation, business or service for profit is carried on.

GARAGE, PUBLIC or COMMERCIAL

A building or space other than a private garage, for the storage of motor vehicles exclusively or for the storage of motor vehicles at which filling station service, sales of accessories or repairs, other than body or collision repairs and appointing and refinishing, are permitted. This term does not include motor vehicle showrooms for new or used motor vehicles.

GENERAL DEVELOPMENT PLAN

A comprehensive plan for the development of a planned development as provided in N.J.S.A. 40:55D-45.1 et seq.

GENERAL OFFICE

A building comprised of more than 10,000 square feet in which at least 50% is rented or occupied by noncorporate or nonprofessional service-oriented business concerns.

GOLF COURSE

A tract containing a full-size, professional golf course, together with appropriate accessory uses and structures such as clubhouses, dining and refreshment facilities, driving ranges and miniature golf courses, providing the operation of such is incidental and subordinate to the operation of the golf course.

GOVERNMENT AGENCY

Any department, commission, independent agency or instrumentality of the United States of America, of a state, county, incorporated or unincorporated municipality, township, authority, district or other governmental unit.

GRADE

The slope of a road, path, driveway, swale or other surface or the average finished ground elevation adjoining a building at project completion.

GREENHOUSE

A building or structure whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of fragile or out-of-season plants for subsequent sale or for personal enjoyment.

[Added 8-3-2006 by Ord. No. O-2006-2]

GROSS LAND AREA

An area of land which is determined by property lines bounding the tract of land proposed for development within any given zone and which is always expressed in terms of square feet or acres. Any portion of a tract included in an existing public or private right-of-way shall not be included in calculating gross land area.

HISTORIC SITE

Any real property, man-made structure, natural object or configuration or any portion or group of the foregoing of historical, archaeological, cultural, scenic or architectural significance.

HOME OCCUPATION OR BUSINESS

An accessory use of a dwelling unit for gainful employment which is:

(1) Clearly incidental and subordinate to the use of the dwelling unit as a residence;

(2) Carried on solely within the main dwelling and does not alter or change the exterior character or appearances of the dwelling;

(3) Located in a residential district; and

(4) Created and operated as a sole proprietorship, except that should the owner/operator be substantially physically disabled, a nonresident may be employed to assist the owner/operator in his/her work to the extent required to compensate for the aforesaid disability condition.

HOSPITAL

An institution in a building or a series of buildings providing public health services primarily for in-patient medical or surgical care of the sick or injured and including related facilities, such as out-patient and emergency departments, conference, training, diagnostic and central service facilities, cafeteria, gift shop, pharmacies, administrative and staff offices and employee day care, which are integrated with the hospital facilities or complex.

HOTEL

A facility offering transient lodging accommodations on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms and recreational facilities.

HOUSEKEEPING UNIT

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.

IMMEDIATE FAMILY

Includes father, mother, husband, wife, son and daughter but no other person.

IMPERVIOUS SURFACE

A surface that has been covered by buildings, structures or compacted or covered with a layer of materials so that it is highly resistant to infiltration by water.

[Amended 5-3-2012 by Ord. No. O-5-2012]

INDEPENDENT APARTMENT UNIT

A dwelling unit containing living areas, bedroom areas, kitchen areas and bathrooms, including studio-style apartments, with a minimum of 350 square feet, which house one or more people 55 years of age or older, or where the husband or wife is 55 years of age or older, in a manner in which they may live independently while receiving one or more meals per day in a congregate setting.

INDEPENDENT TRAILER COACH

A trailer coach that has a toilet and a bathtub or shower.

INTENSIVE FOWL OR LIVESTOCK FARM

A farm on which are kept more than the amount indicated in § 96-46 of this chapter of adult large animals or small animals. Large animals shall include beef and dairy cattle, horses and mules, emus, ostriches, llamas and alpacas. Small animals shall include pigs, sheep, goats and calves up to an age of one year.

[Amended 6-3-2004 by Ord. No. O-2004-5]

INTERESTED PARTY

Any person, whether residing within or outside the Township, whose right to use, acquire, or enjoy property is, or may be, affected by actions taken under this chapter or whose rights to use, acquire, or enjoy property under this chapter have been denied, violated or infringed by an action or a failure to act under this chapter.

JUNKYARD

Any area or structure used or intended to be used for the conducting and operating of the business of selling, buying, storing or trading in used or discarded metal, glass, paper, cordage or any used or disabled fixtures, vehicles or equipment of any kind.

KENNEL

Any structure, premises, or refuge wherein or whereon the business of boarding or selling or breeding of small animals is carried on; included shall be such establishments as animal shelters and animal hospitals.

LAND

Real property including improvements and fixtures on, above or below the surface.

LANDOWNER

The legal or beneficial owner(s) of land, the holder(s) of an option or contract to purchase or other person(s) having an enforceable proprietary interest in such land shall be deemed to be a landowner for the purpose of this chapter.

LANDSCAPE AREA

An area of land restricted to landscape items which may also include such elements as natural features, earth berms, sculpture and furniture, signs, lighting, accessways, bikeways and pedestrian walkways, but not including motor vehicle parking extending along the entire lot line where they are required. The width of a landscape area shall be measured at right angles to the lot line.

LIVING SPACE

An area within a dwelling unit.

LOADING SPACE

An off-street space or berth on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading or unloading, with 15 feet of vertical clearance.

LOFT

The unpartitioned area below the roof of a structure which is not intended for human habitation or occupancy. A loft may include a floor, but no HVAC or utilities, except for lighting.

[Added 8-4-2011 by Ord. No. O-9-2011]

LOT

A designated parcel, tract or area of land established by a plat or otherwise, as permitted by law and to be used, developed or built upon as a unit.

LOT AREA

An area of land which is determined by the limits of the lot lines bounding that area, and is always expressed in terms of square feet or acres. Any portion of a lot included in a public or private right-of-way shall not be included in calculating lot area.

LOT, CORNER

A lot or parcel of land abutting on two or more intersecting streets when the interior angle of intersection does not exceed 135°. Each corner lot shall have two front yards, a minimum of one side yard and one rear yard.

LOT COVERAGE

That percentage of a lot covered by buildings and impervious surfaces, such as concrete or asphalt.

LOT DEPTH

A mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lot lines.

LOT FRONTAGE

That side of a lot abutting on a street; the front lot line. That portion of a lot abutting and extending along the front property line. This definition shall apply to all lots, including, but not limited to, odd-shaped lots, triangular lots and lots having curved or irregular front lines.

LOT, INTERIOR

A lot other than a corner lot.

LOT LINE

A line of record bounding a lot that divides one lot from another or from a public or private street or any other public space.

[Added 8-3-2006 by Ord. No. O-2006-2]

LOT SIZE

The total horizontal area included within the lot lines. Where the front lot line is the center line of a street or lies in part or in whole in the street area, the lot area shall not include that part of the lot in use or to be used as a right-of-way.

LOT WIDTH

The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line.

LOW-INCOME UNIT

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% or less of the median gross household income for households within the housing region in which Elk Township is located, and is subject to affordability controls.

MAINTENANCE GUARANTY

Any security which may be accepted by a municipality for the maintenance of any improvements required by this chapter, including but not limited to surety bonds, letters of credit and cash, as more specifically addressed in § 95-13 of this chapter.

MAJOR SITE PLAN

Any site plan not classified as a minor site plan.

MANUFACTURED HOME

[Added 5-5-2005 by Ord. No. O-2005-2]

(1) A unit of housing which:

(a) Consists of one or more transportable sections which are substantially constructed off site and if more than one section are joined together on site.

(b) Is built on a permanent foundation.

(c) Is designed to be used, when connected to utilities, as a dwelling on a permanent foundation.

(d) Is manufactured in accordance with the standards promulgated for a manufactured home by the Secretary pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, Pub. L. 93-383 (42 U.S.C.: 5401 et seq.) and the standards promulgated for a manufactured home pursuant to the State Uniform Construction Code Act, P.L.1975, c.217 (N.J.S.A. 52:27D-119 et seq.).

(e) Is at least 22 feet wide.

(f) Is permitted under the category of single-family detached dwellings.

(2) This does not include trailers, campers, mobile homes or similar structures.

MANUFACTURING

The treatment or processing of raw materials and the production of articles of finished products from raw or prepared materials by giving them new forms or qualities. Also, an activity which involves the fabrication, reshaping, reworking, assembly or combining of products from previously prepared materials and the synthesis of chemical or chemical products or the processing of any raw materials. Light manufacturing includes light industrial operations such as electronic, machine parts and small component assembly, as opposed to heavy industrial operations such as automobile assembly, milling or forge activities.

MASTER DEVELOPMENT PLAN

A schematic land use plan for the integrated development of a planned unit development (PUD) containing the general location of proposed public streets; the proposed use of each section, including the maximum number of dwelling units and gross square feet of nonresidential floor space; common open space and other public facilities, together with a proposed ownership and maintenance of common open space; a phasing or staging plan schedule showing the order of development; any studies that will determine the feasibility of the development and its potential impact on the Township; and the date of the anticipated completion of the PUD.

MASTER PLAN

The Master Plan for the Township of Elk as adopted by the Elk Township Planning Board in accordance with N.J.S.A. 40:55D-28.

MEAN ELEVATION

The average of the ground level measurements computed at the four extreme corner points of any existing or proposed building.

MINIMUM TRACT SIZE

The minimum amount of the gross acreage of the entire tract prior to any subdivision or development.

MINIWAREHOUSE

A structure or group of structures for storage of customers' goods and wares where individual stalls or lockers are rented out to different tenants for storage and where one or more stalls or lockers has less than 500 square feet of floor area.

MINOR SITE PLAN

A minor plan shall be as specified hereunder and an applicant may prepare a minor plan application drawn according to the standards and conditions specified in this chapter if the proposed building, the conversion of an existing building from one use to another, or the enlargement of an existing building or any combination of same does not exceed 5,000 square feet for retail commercial uses, exceed 10,000 square feet for industrial uses, nor require more than 25 new parking spaces as prescribed by this chapter. All residential development requiring site plan approval shall comply with the major site plan submission requirements. All other plans shall be major plans.

MOBILE HOME PARK

Any park, trailer park, trailer court, court, camp, site, lot, parcel or tract of land designed, maintained or intended for the purpose of supplying a location or accommodations for any trailer coach or trailer coaches and upon which any trailer coach or trailer coaches are parked, and includes all buildings used or intended for use as part of the equipment thereof, whether a charge is made for the use of the mobile home park and its facilities or not. “Mobile home park” shall not include automobile or trailer sales lots on which unoccupied trailers are parked for purposes of inspection and sale.

MODERATE-INCOME UNIT

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 or more than 50%, but less than 80%, of the median gross household income for households within the housing region in which Elk Township is located, and is subject to affordability controls.

MUNICIPAL AGENCY

The Planning Board, Board of Adjustment or governing body, or any agency created by or responsible to one or more municipalities, when acting pursuant to N.J.S.A. 40:55D-1 et seq.

MUNICIPAL RESIDENT

A person who is domiciled in the municipality.

NONCONFORMING LOT

A lot which in its area, dimension, or location does not conform to the regulations of the chapter for the district in which it is located.

NONCONFORMING STRUCTURE

A structure which in its size, design, or location upon a lot does not conform to the regulations of the chapter for the district in which it is located.

NONCONFORMING USE

A use or activity which fails to conform to the requirements of the zoning district in which it is located.

NURSING HOME

An extended- or intermediate-care facility licensed or approved to provide full-time convalescent or nursing care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.

NURSERY, RETAIL

The growing, cultivation, storage, and sale of garden plants, flowers, trees, shrubs and fertilizers, as well as the sale of garden tools and similar accessory and ancillary products to the general public. Also known as "garden centers."

[Added 8-3-2006 by Ord. No. O-2006-2]

NURSERY, WAREHOUSE

The growing, cultivation, storage, and sale of garden plants, flowers, trees, and shrubs to landscapers, developers, builders, and retail nurseries.

[Added 8-3-2006 by Ord. No. O-2006-2]

OBLIGOR

One that places himself under a legal obligation.

OFFICIAL MAP

A map adopted by ordinance pursuant to Article 5 of the Municipal Land Use Law.[2]

OFF SITE

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

OFF-STREET PARKING SPACE

An interior or exterior storage area for a motor vehicle that is directly accessible to an access aisle, and that is not located on a dedicated street right-of-way.

OFF TRACT

Not located on the property which is the subject of a development application nor on the closest half of the abutting street or right-of-way.

ON SITE

Located on the lot in question and excluding any abutting street or right-of-way.

ON-STREET PARKING SPACE

A temporary storage area for a motor vehicle which is located on a dedicated street 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 FENCE

Any fence or barrier that is not more than 75% solid. Examples of such fencing include, but are not limited to, wire, chain link, picket, post-and-rail, staggered board-on-board, louvered or a similar-type fence.

OPEN SPACE

An unoccupied space open to the sky on the same lot with a principal or accessory building. Open space includes the following types:

(1) COMMON OPEN SPACE A parcel or parcels of land or an area of water, or a combination of land and water within the site designated for a planned unit development or a cluster development, and designed and intended for the use or enjoyment of residents and owners of the planned unit development or cluster development. Common open space excludes land areas within the rights-of-way of streets to be located within a planned unit development unless exclusively designed for access to open space. A legally constituted organization of the property owners with authority to place liens on property shall be formed for the maintenance of the common areas and facilities, or this common open space may be deeded to the Township if accepted by the Township for use by all residents of the Township.

(2) USABLE OPEN SPACE Usable open space shall consist of either common or public open space which is either landscaped or developed and maintained for recreational purposes, readily available, or improved for such recreational purpose, and excludes that portion of the area consisting of officially designated wetlands, streets, drives, space utilized for off-street parking or loading purposes. Where usable open space is required in the chapter, it shall be designated on plans submitted as required.

(3) PUBLIC OPEN SPACE Public open space means an open space conveyed or otherwise dedicated to a municipality, municipal agency, Board of Education, state or county agency, or other public body for educational, recreational, or conservation uses.

(4) REQUIRED OPEN SPACE That type and percentage of common, usable or public open space that must be provided in particular zoning districts, in cluster developments, or in planned unit developments, according to the provisions of this chapter.

OPEN SPACE ORGANIZATION

An incorporated, nonprofit organization operating in a planned development under recorded land agreement through which each owner is automatically a member; each occupied dwelling unit is automatically subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the Township; and each owner and tenant has the right to use the common property.

OWNER

Any individual, firm, association, syndicate, copartnership or corporation having a proprietary interest in the land sought to be subdivided.

PARKING SPACE

An area provided for the parking of one motor vehicle.

PASSIVE OPEN SPACE or PASSIVE RECREATION AREAS

An unimproved area of land which may include water set aside, dedicated, designated, or reserved for public or private use and enjoyment which utilizes and depends on the natural environment and requires no modifications of the environment other than to provide access. It permits such low-impact uses as hiking, fishing, canoeing, nature study, horseback riding, and bicycling. Passive open space typically includes wooded areas, streams, lakes, and other varieties of natural vegetative areas. For the purpose of this definition, detention and retention basins represent a developed use of the land and are not considered passive open space.

PERMANENT CAMPING UNIT

Any camping unit utilizing a foundation of any nature or which is incapable of being entirely removed and entirely reassembled in a different location by one person in a single day.

[Added 4-1-2010 by Ord. No. O-2010-5]

PERMITTED USE

Any use of land or buildings as permitted by this chapter.

PERVIOUS SURFACE

Any surface that permits a significant portion of surface water to be absorbed.

PERFORMANCE GUARANTY

Any security which may be accepted by a municipality, including cash, provided that the municipality shall not require more than 10% of the total performance guaranty in cash in accordance with N.J.S.A. 40:55D-53 et seq.

PERSON

Includes person, partnership, firm, company, corporation, tenant, owner, lessee or licensee, and their agents, heirs or assigns.

PHASE

Period of time allocation for the completion of a particular section or stage. The Planning Board may extend such period in accordance with N.J.S.A. 40-55D-52. In the event that the applicant seeks to substantially modify the proposed phasing schedule, such modification shall require the approval of the Planning Board. The Planning Board shall, in deciding whether or not to grant approval of the modification, take into consideration prevailing economic and market conditions, anticipated and actual needs for residential units and nonresidential space within the municipality and the region, the availability and capacity of public facilities to accommodate the proposed development and the terms of any grant of substantive certification.

PLANNED DEVELOPMENT

A planned unit development (PUD), planned unit residential development or residential cluster, or planned commercial development as those terms are defined in N.J.S.A. 40:55D-6 of the Municipal Land Use Law, but only to the extent not inconsistent with the provisions of this chapter.

PLANNED INDUSTRIAL DEVELOPMENT

An area of minimum contiguous or noncontiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by ordinance.

PLANNED UNIT DEVELOPMENT COMMITTEE

A committee, appointed by the Mayor of the Township, for the purposes of reviewing applications prior to action by the entire Board to provide objectives and input and examine whether such applications comply with all ordinance provisions and to perform such other duties relating to development which may be conferred on this committee by the Planning Board. This committee shall consist of seven members; three of the appointees shall be members of the Planning Board at the time of their appointment, and the balance of the members shall be residents of the Township of Elk.

PLANNING BOARD

The Planning Board of Elk Township.

PLAT

The map of a subdivision.

PRELIMINARY APPROVAL

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.

PRELIMINARY FLOOR PLANS AND ELEVATIONS

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.

PRELIMINARY PLAT

The preliminary map indicating the proposed layout of the subdivision and site improvements that is submitted to the Township for Planning Board consideration and preliminary approval and meeting the requirements of § 96-26 of this chapter.

PRINCIPAL BUILDING OR USE

A building or buildings in which is conducted the main or principal use of the lot on which said building is situated or the open land of which such use is made or upon which such activity is carried out.

PROFESSIONAL

Any person or entity whose principals are required to be licensed by New Jersey law and who supply legal representation, engineering services, planning services, expert testimony or written reports in support of an application. Professionals shall include both any individuals supplying the representation, testimonies or reports and the firms or entities in which such individuals practice.

PROFESSIONAL OFFICE

The office of a member of a recognized profession or occupation, including architects, artists, authors, dentists, doctors, lawyers, planners, veterinarians, ministers, musicians, optometrists, engineers, realtors and similar professions and occupations.

PUBLIC AREAS

Public parks, playgrounds, trails, paths and other recreational areas; and other public open spaces; scenic and historic sites; and sites for schools and other public buildings and structures.

PUBLIC DEVELOPMENT PROPOSAL

A master plan, capital improvements program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.

PUBLIC DRAINAGEWAY

The land reserved or dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.

PUBLIC PURPOSE USES

The use of land or buildings by the governing body of the Township or any officially created authority or agency thereof.

PUBLIC WATER AND PUBLIC SEWERAGE

Centralized municipal or municipally operated water and sewerage system, or water and sewerage system franchised or approved by the Township in accordance with the Township sewer and water plan. "With sewer and water" as used in this chapter means that public water and public sewerage shall be provided in order for the use to be permitted in the zone district.

QUORUM

The majority of the full authorized membership of any agency.

RECREATIONAL VEHICLE or CAMP CAR

A portable structure without permanent foundation that can be towed, hauled or driven, with or without wheels, primarily designed as temporary living accommodations for recreational, camping and travel use and including but not limited to travel trailer, truck campers and self-propelled motor homes. No such structure shall be used for a primary or accessory building or use on any lot.

[Added 6-3-2004 by Ord. No. O-2004-5]

REGIONAL SHOPPING CENTER

A unified development of not less than 50 stores, shops or other commercial establishments, together with areas for internal circulation, parking and other accessory uses consisting of one or more lots under the same self-reliant ownership, and having therein a building or group of buildings containing not less than 600,000 square feet of net floor area.

RENEWABLE ENERGY FACILITY

A facility that engages in the production of electric energy from solar technologies, photovoltaic technologies or wind energy.

[Added 6-3-2010 by Ord. No. O-2010-35; amended 4-1-2010 by Ord. No. O-2010-9; 8-5-2010 by Ord. No. O-2010-41]

RESEARCH LABORATORY

A building or group of buildings in which are facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

RESIDENTIAL AGRICULTURE

The growing and harvesting of plant life and the keeping of farm animals for the enjoyment of the residents on the property and not primarily for commercial purposes.

RESIDENTIAL CLUSTER

An area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space as an appurtenance.

RESIDENTIAL SITE IMPROVEMENT STANDARDS (RSIS)

As promulgated by the New Jersey Department of Community Affairs in N.J.A.C. 5:21-1 through 8.

RESTAURANT

A business establishment whose principal business is the selling of unpackaged food to the customer in a ready-to-consume state, in individual servings, or in nondisposable containers, and where the customer consumes these foods while seated at tables or counters located within the building.

RESTAURANT, DRIVE-IN

Any restaurant, refreshment stand, snack bar, dairy bar, hamburger stand or hot dog stand where food is served primarily for consumption at counters, stools, tables or bars outside the building or primarily for consumption in automobiles parking on the premises whether brought to said automobiles by the customer or by employees of the restaurant, regardless of whether or not additional seats or other accommodations are provided for customers inside the building. All such drive-in restaurants and refreshment stands are specifically prohibited in all districts.

RESTAURANT, FAST-FOOD

An establishment which may have a drive-in/walk-up window that offers quick food service, which is accomplished through a limited menu of items already prepared and held for service, or prepared, fried, or grilled quickly or heated in a device such as a microwave oven. Orders are not generally taken at the customer's table and food is generally served in disposable wrapping or containers.

RESUBDIVISION

The further division of a lot or the adjustment of a lot line or lot lines.

RETENTION BASIN

A man-made or natural stormwater management collector facility designed to collect surface water and to retain some or all of the water that drains into it.

REVERSE FRONTAGE LOT

A lot which fronts upon two parallel streets and is not accessible from one of the parallel streets.

REVIEWING BOARD

The Planning Board or Board of Adjustment, whichever Board has jurisdiction over the particular application.

RIGHT-OF-WAY

The land and space required on the surface, subsurface and overhead for the construction and installation of materials necessary to provide passageway for vehicular traffic, pedestrians, utility lines, poles, conduits and mains, signs, hydrants, trees and shrubbery.

ROAD SIDE STAND

A commercial use on an agricultural property exclusively for the sale of products produced on the property. A small roadside produce stand associated with the residential agricultural use shall be permitted provided that the produce is not grown primarily for commercial purposes; the stand is not furnished with permanent heating facilities; the floor area of the stand does not exceed 100 square feet; the stand is set back from all street cartways and side property lines at least 15 feet; and that sufficient on-site, off-street parking is provided. One unlighted sign not exceeding four square feet in area shall be permitted and shall be either attached flat against the front facade of the stand or freestanding. If freestanding, the sign shall not exceed 10 feet in height; shall be located to achieve the greatest sight distance for oncoming traffic; and shall be set back at least 10 feet from the cartway edge.

SEASONAL RESORT COTTAGE

A type of dwelling unit designed for residence only during portions of a year, restricted to the RR Zone (see § 96-75). A seasonal resort cottage shall not include trailers, camper, mobile homes or similar structures.

[Added 5-5-2005 by Ord. No. O-2005-2]

SECTION/STAGE

Describes the physical boundaries, geophysical areas and land uses which are proposed for development.

SEDIMENTATION

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.

SELF-SERVICE STORAGE

A warehouse-type structure containing relatively small storage spaces usually of varying sizes which are leased or rented individually. Individuals are typically permitted to access their storage spaces directly without appointment during business hours. Also known as “miniwarehouses.”

SENIOR CITIZEN

A person 55 years of age or older. A senior citizen will not lose his/her status as a senior citizen if the spouse or immediate member of the family (other than a child under the age of 18 years) of a senior citizen, a live-in domestic, companion or nurse, regardless of his/her age, is a permanent resident living with such senior citizen.

SERVICE STATION

Any premises where gasoline and other petroleum products are sold and/or light maintenance activities such as engine tuneups, lubrication and minor repairs are conducted, and other accessory services to the motoring public are provided. Service stations shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting and body fender work are conducted.

SETBACK

The required minimum horizontal distance between the building line and the related front, side or rear property line. For front yard setbacks, the setback shall be measured from the right-of-way line or easement line.

[Amended 8-3-2006 by Ord. No. O-2006-2]

SHOPPING CENTER

A grouping of retail business and service uses on a single site planned, constructed and managed as a total entity with customer and employee parking provided on site, provisions for goods delivery separated from customer access, aesthetic considerations and protection from the elements.

SIGHT EASEMENT AT INTERSECTION

A triangular-shaped area established at intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct sight distance of motorists entering or leaving the intersection.

SIGN

Any visible 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, location or position by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images.

[Amended 5-5-2005 by Ord. No. O-2005-2]

SIGN AREA

That area defined by the frame or edge of a sign. Where no frame or edge exists, the area shall be defined by a projected enclosed four-sided (straight sides) geometric shape which most closely outlines said sign. Where a sign has more than one side, sign area shall be construed to include the total area used for advertisement or identification.

SIGN FUNCTIONS

These may include, but not be limited to, the following:

(1) ADVERTISING A sign directing attention to a business commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is maintained.

(2) BUSINESS A sign directing attention to a business, commodity, service, or entertainment conducted, sold or offered upon the same premises as those upon which the sign is located.

(3) DIRECTORY A sign of permanent character, but with interchangeable letters, words or numerals, indicating the names of persons associated with, or events conducted upon, or products or services offered upon the premises whereon a sign is maintained.

(4) IDENTIFICATION 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.

[Amended 7-20-2004 by Ord. No. O-2004-6]

(5) INSTRUCTIONAL A sign conveying instructions with respect to the premises on which it is maintained, such as parking lot entrance or exit signs and danger signs.

(6) NAMEPLATE A sign indicating the name, address and/or profession or occupation of a person.

(7) PUBLIC Signs of a noncommercial nature and in the public interest, erected by, or on the order of, a public officer in the performance of his duty, such as safety signs, danger signs, memorial plaques or citations, official court and public notices, signs of historical interest, and the like.

(8) TEMPORARY A sign which is designed to advertise or announce, for a limited period, a particular event or series of events, to solicit political support, or to announce the availability for sale of a particular item or items.

(9) (Reserved)[3]

(10) INTERIOR Any sign that is affixed to or painted on the interior of a window or any sign located inside and within three feet of the face of the window which is designed to be visible from the window's exterior.

(11) OFFICIAL Any sign, symbol or device, erected and maintained by a federal, state, county or local governmental agency for the purpose of informing or guiding the public or for the protection and promotion of health, safety, convenience and general welfare.

SIGN HEIGHT

The greatest vertical dimension between the top of a sign and the ground.

SIGN ILLUMINATION

A sign illuminated by or exposed to artificial lighting, either by lights on or in the sign or directed to the sign.

[Added 12-18-2008 by Ord. No. O-2008-14]

(1) External: illumination of a sign that is affected by an artificial source of light not contained within the sign itself.

(2) Internal: a light source that is concealed or contained within the sign and becomes visible in darkness through a translucent surface.

(3) Indirect: a source of external illumination, located away from the sign that lights the sign but is not itself visible to persons viewing the sign from the adjacent street, sidewalk or property.

SIGN, NONCONFORMING

A sign lawfully erected and maintained prior to the adoption of the current ordinance that does not conform with the requirements of the current ordinance.

[Added 12-18-2008 by Ord. No. O-2008-14]

SIGN TYPES

These may include, but not be limited to, the following types:

(1) GROUND A freestanding sign supported by uprights or braces in or upon the ground and not attached to any part of a building.

(2) HANGING A sign designed to project beyond the front face and perpendicular to it over a public walkway.

(3) INTEGRAL A sign carved into stone, concrete, or similar material or made of bronze, aluminum, or other permanent-type construction and made an integral part of the structure.

(4) MARQUEE A sign attached to or hung from a marquee, canopy or other covered structure projecting from and supported by the building.

(5) ROOF A sign which is erected, constructed or maintained on, above or as part of the roof of any building.

(6) WALL A sign which is attached directly to the building and is parallel to the building.

(7) FREESTANDING A sign supported by one or more upright poles, columns, or braces placed in or on the ground and not attached to any building or structures.

SITE PLAN or PLAN (PRELIMINARY/FINAL)

A development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily 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 and signs, lighting, and screening devices; and any other information that may be reasonably required in order to make an informed determination pursuant to this chapter.

SITE PLAN/PLAN REVIEW

Examination of the specific development plans for a lot. Wherever the term "plan approval" is used herein, it shall be understood to mean a requirement that the plan be reviewed and approved by the Board.

SKETCH PLAT

The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of Article VI of this chapter.

SKILLED-CARE NURSING UNIT

A nursing bed or individual room which provides board, shelter and twenty-four-hour skilled nursing and medical care to chronic or convalescent patients. Skilled-care nursing units shall be in a facility that may include accessory uses including dining rooms, bathing areas, common areas, offices, clinics, therapy areas, medical facilities and other space necessary to provide the above services.

SMALL WIND ENERGY SYSTEM

A wind energy conversion system as defined herein that is used to generate electricity, and has a nameplate capacity of 100 kilowatts or less.

[Added 4-1-2010 by Ord. No. O-2010-9; amended 8-5-2010 by Ord. No. O-2010-41]

SOLAR ENERGY

The radiant energy received from the sun which through photovoltaic technologies or other solar technologies is used to produce electricity.

[Added 6-3-2010 by Ord. No. O-2010-35]

SOLAR ENERGY COMMERCIAL OPERATION

A solar energy system which exists to generate electricity, heat water and/or produce hot air for use on site, by sites contiguous to the site; and/or off site with electricity delivered by distribution and/or transmission lines.

[Added 6-3-2010 by Ord. No. O-2010-35; amended 4-1-2010 by Ord. No. O-2010-9; 8-5-2010 by Ord. No. O-2010-41]

SOLAR ENERGY SYSTEM

A solar energy system and all associated equipment which converts solar energy into usable electrical energy, heats water or produces hot air or other similar function through use of solar panels.

[Added 6-3-2010 by Ord. No. O-2010-35; amended 4-1-2010 by Ord. No. O-2010-9; 8-5-2010 by Ord. No. O-2010-41]

SOLAR PANELS

A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of a solar energy system.

[Added 4-1-2010 by Ord. No. O-2010-9; amended 8-5-2010 by Ord. No. O-2010-41]

SOLAR PANELS, SOLAR CELLS and PHOTOVOLTAIC CELLS

Equipment containing one or more receptive cells or other devices mounted on arrays, rooftops or other structures and utilizing solar technologies for the conversion of solar energy into electricity, to heat water, and/or to produce hot or compressed air.

[Added 6-3-2010 by Ord. No. O-2010-35]

SOLID FENCE

Any fence that is a solid, close-boarded-type fence.

STORY

That portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above it, the space between such floor and the ceiling above it. A basement shall be counted as a story if its ceiling is more than six feet above the average level of the finished ground surface adjoining the exterior walls of such story, or if it is used for business or dwelling purposes.

STORY, HALF

A story, any two exterior sides of which meet a sloping roof not more than two feet above the floor of such story, or that portion of any structure herein defined as a basement.

STREET

Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way that is an existing state, county, or municipal roadway, street, or way shown upon a plat heretofore approved pursuant to law or approved by official action of the Township, or a street or way on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of the Planning Board and the grant to such Board of the power to review plats. “Street” includes the land between the street lines, whether improved or unimproved, and may comprise pavement shoulders, gutters, sidewalks parking areas and other areas within the street lines. See RSIS N.J.A.C. 5:21-4.

STREET LINE

That line determining the limit of the road, street or highway rights of the public, either existing or contemplated.

STRUCTURAL ALTERATIONS

Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or in the utility system or mechanical equipment of a structure which materially alters its usability, capacity or function.

STRUCTURE

Anything constructed, assembled or erected, the use of which requires location on the ground or attachment to something having location on or in the ground and shall include fences which are more than 50% solid, tanks, towers, advertising devices, bins, tents, lunch wagons, trailers, dining cars or similar structures on wheels or other supports used for business or living purposes. The word "structure" shall not apply to service utilities entirely below the ground.

STRUCTURE, ADVERTISING

Any rigid or semirigid materials with or without advertisement displayed thereon situated upon or attached to real property (outdoors primarily) or principally for the purpose of furnishing a background or base or support upon which an advertisement may be posted or displayed. That portion of any structure, regardless of its primary or principal use, which is used for the display of an advertisement shall be considered an advertising structure and shall be subject to the control exercised in this chapter.

STRUCTURE, TEMPORARY

A structure that has no footing or foundation, no permanent floor, and does not have all of the normal structural components of a structure designed for permanent occupancy of humans or goods, including trailers either with axles or transported on another vehicle.

[Added 4-3-2003 by Ord. No. O-2003-3]

SUBDIVIDER

Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to affect a subdivision of land hereunder for himself or for another.

SUBDIVISION

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 Subdivision Committee thereof appointed by the Chairman, 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 judgements 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 the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map or atlas of the municipality. The term "subdivision" shall also include the term "resubdivision."

[Amended 4-3-2003 by Ord. No. O-2003-3]

SUBDIVISION COMMITTEE

A committee of at least three Planning Board members appointed by the Chairman of the Board for the purpose of classifying subdivisions in accordance with the provisions of this chapter, and such other duties relating to land subdivision which may be conferred on this Committee by the Board.

SUBDIVISION, INDUSTRIAL

A division of a lot, tract, or parcel of land into sites, lots, or other divisions of land for the purpose, whether immediate or future, of sale or building development for industrial uses. An industrial subdivision shall not be accorded a minor subdivision treatment regardless of the number of lots involved. However, after approval of an industrial subdivision as a result of following the major subdivision procedures, the interior divisions of the aforesaid industrial tract shall be treated as minor subdivisions regardless of the number thereof, providing they shall meet with the criteria set forth under the definition of "subdivision, minor," excluding items thereof which pertain to the number of prior subdivisions. They must comply, however, with the provisions for plan review.

SUBDIVISION, MAJOR

All subdivisions not classified as industrial or minor subdivisions.

SUBDIVISION, MINOR

A subdivision of land that does not involve the creation or alteration of more than two lots in addition to any retained portion of the original lot; does not involve a planned development; does not involve the creation of a new street or any off-tract improvement. In counting the lots to determine whether a proposed subdivision may be considered a minor subdivision, the following shall be counted:

[Amended 6-3-2004 by Ord. No. O-2004-5; 5-3-2007 by Ord. No. O-2007-3]

(1) All lots to be created or altered by the proposed subdivision, including the lots to be retained by the subdivider.

(2) No lot shall be counted twice, and in the case of a resubdivision or lot line adjustment, any eliminated lots shall be deducted.

(3) All lots created out of the original parcel by subdivisions since 1956.

(4) Any lot subdivided from the same tract within the last five years.

SWIMMING POOL

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 aboveground pool, having a depth of more than 30 inches, designed, used and maintained for swimming and bathing.

SWIMMING POOL, COMMERCIAL

Includes all pools associated with permitted hotel and motel land uses. Commercial swimming pools shall be further classified into types in accordance with their particular use and shall meet the appropriate design standards as set forth by the National Swimming Pool Institute.

SWIMMING POOL, PORTABLE

Portable pools shall not be subject to the requirement of this chapter and are those pools which are not otherwise permanently installed; do not require water filtration, circulation and purification; do not exceed a water surface of 100 square feet; and do not require braces or supports.

SWIMMING POOL, PRIVATE RESIDENTIAL

Includes artificially constructed pools, whether located above or below the ground, having a depth of more than 18 inches and/or a water surface of 100 square feet or more; designed and maintained for swimming and bathing purposes by an individual for use by members of his household and guests; and which is located on a lot as an accessory use to a detached dwelling and shall include all buildings, structures, equipment and appurtenances thereto. Private residential swimming pools shall be further classified into types in accordance with their particular use and shall meet the appropriate design standards as set forth by the National Swimming Pool Institute.

TOWNHOUSE

One or a group of two or more dwelling units divided from each other by vertical walls and each having separate front and rear or front and side entrances from the outside (see “single-family attached dwelling”).

TOWNSHIP

Township of Elk, Gloucester County, New Jersey.

TRACT

An area, parcel, site, piece of land, or property which is the subject of a development application.

TRAILER

Any structure or unit designed for short-term human occupancy, the carrying of materials, goods, or objects and standing on wheels, placed on the ground or placed on a structure without wheels. No such structure or unit shall be used as a principal or an accessory building or use on any lot.

[Amended 6-3-2004 by Ord. No. O-2004-5; 8-3-2006 by Ord. No. O-2006-2]

TRAILER COACH SPACE

A plot of ground within a mobile home park designed to accommodate one trailer coach. Each trailer coach space shall be not less than 45 feet in width and 90 feet in length or depth.

UNITS, DWELLINGS

(1) For single-family detached or attached units, one housekeeping unit equals one unit.

(2) For condominiums, cooperatives and apartments, one housekeeping unit equals one unit.

(3) For assisted-living facilities, one housekeeping unit equals one unit.

(4) For skilled-nursing-care facilities and nursing homes, one bed equals one unit.

USE

The purpose or activity for which land or buildings are designed, arranged, or intended, or for which land or buildings are occupied or maintained.

USE, PRINCIPAL

The main use of land or structures, as distinguished from a secondary or accessory use.

VARIANCE

A departure from the terms of this chapter authorized by the appropriate municipal agency in accordance with N.J.S.A. 40:55D-70 et seq.

WETLANDS

Those areas meeting the definition of “wetlands” under N.J.A.C. 5:1-1 et seq. and enforced by the NJDEP.

WIND ENERGY SYSTEM

A wind turbine and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component necessary to fully utilize the wind generator.

[Added 4-1-2010 by Ord. No. O-2010-9; amended 8-5-2010 by Ord. No. O-2010-41]

WIND TURBINE

Equipment that converts energy from the wind into electricity. This term includes the rotor, blades and associated mechanical and electrical conversion components necessary to generate, store and/or transfer energy.

[Added 4-1-2010 by Ord. No. O-2010-9; amended 8-5-2010 by Ord. No. O-2010-41]

YARD

The area that lies between the principal or accessory building or buildings and the nearest lot line. A yard shall be unoccupied by structures and buildings from the ground upward except as may be specifically provided in this chapter. Improvements below grade are permitted, provided there is no visual evidence of such improvements.

YARD, FRONT

A yard on the same lot with the principal building, extending the full width of the lot and situated between the street line and the front line of a building projected to the side lines of that lot.

YARD, REAR

A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of any building. The depth of a rear yard shall be measured at right angles to the rear line of the lot, or if the lot is not rectangular, then in the general direction of its side building lines.

YARD SIDE

A yard between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or in the absence of either of such yards, to the street or rear lot line as the case may be. The width of a side yard shall be measured at right angles to the side line of the lot.

ZONING BOARD

The Zoning Board of Adjustment of Elk Township.

ZONING DISTRICT

A finite area of land, as designated by its boundaries on the Zoning Map,[4] throughout which specific and uniform regulations govern the use of land and/or the location, size and use of buildings.

ZONING OFFICER or ZONING ADMINISTRATION OFFICER

The official appointed by the Township Committee, and responsible for the administration of this chapter as hereinafter set forth.

ZONING PERMIT

A document signed by the Zoning Officer which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion, or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of the municipal zoning ordinance or variance therefrom duly authorized by a municipal agency pursuant to N.J.S.A. 40:55D-60 and N.J.S.A. 40:55D-70.

[1] Editor's Note: The former definition of “contribution disclosure statement,” which immediately followed this definition, was repealed 7-20-2004 by Ord. No. O-2004-6.

[2] Editor's Note: See N.J.S.A. 40:55D-32.

[3] Editor's Note: The former definition of “identification” was repealed 7-20-2004 by Ord. No. O-2004-6.

[4] Editor's Note: The Zoning Map is included at the end of this chapter.

D. Whenever a term is used in this chapter which is defined in N.J.S.A. 40:55D-1 et seq., as amended, such term is intended to have the meaning set forth in the definition of such term found in such statute, unless a contrary intention is clearly expressed in the context of this chapter.