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.
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.
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]
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 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.
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.
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.
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 COVERAGEThe 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 COVERAGEThe 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.
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.
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 DWELLINGSA 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 DWELLINGA 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 (DUPLEXHORIZONTAL) 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 DWELLINGA 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 DWELLINGSThree 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 DWELLINGA 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)
TRIPLEXA dwelling unit containing three dwellings, each of which has direct access to the outside or to a common hall.
(8)
TOWNHOUSEA 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 APARTMENTA 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)
UNITOne 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.
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 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.
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.
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 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.
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.
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.
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 SPACEA 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 SPACEUsable 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 SPACEPublic 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 SPACEThat 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.
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.
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)
ADVERTISINGA 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)
BUSINESSA 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)
DIRECTORYA 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)
IDENTIFICATIONA 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)
INSTRUCTIONALA 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)
NAMEPLATEA sign indicating the name, address and/or profession or occupation of a person.
(7)
PUBLICSigns 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)
TEMPORARYA 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.
(10)
INTERIORAny 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)
OFFICIALAny 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)
GROUNDA freestanding sign supported by uprights or braces in or upon the ground and not attached to any part of a building.
(2)
HANGINGA sign designed to project beyond the front face and perpendicular to it over a public walkway.
(3)
INTEGRALA 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)
MARQUEEA sign attached to or hung from a marquee, canopy or other covered structure projecting from and supported by the building.
(5)
ROOFA sign which is erected, constructed or maintained on, above or as part of the roof of any building.
(6)
WALLA sign which is attached directly to the building and is parallel to the building.
(7)
FREESTANDINGA 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, 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, throughout which specific and uniform regulations govern
the use of land and/or the location, size and use of buildings.
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.