Township of Cranford, NJ Article I General Provisions

§ 255-1 Purposes; definitions.

A. Purposes. The purposes of this chapter are as follows:

(1) To plan and guide the appropriate use or development of all land in a manner which will promote the public health, safety, morals and general welfare.

(2) To secure safety from fire, flood, panic and other natural and man-made disasters.

(3) To provide adequate light, air and open space.

(4) To ensure that land development does not conflict with the development and general welfare of neighboring municipalities, the county and the state as a whole.

(5) To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, maintenance of the character of neighborhoods, preservation of the environment and quality of life.

(6) To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies.

(7) To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements.

(8) To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging the location of such facilities and routes which will result in congestion or blight.

(9) To promote a desirable visual environment through creative development techniques and good civic design and arrangements.

(10) To promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land.

(11) To encourage planned developments which incorporate the best features of design and relate the type, design and layout of residential, commercial, industrial and recreational development to the particular site.

(12) To encourage senior citizen community housing construction.

(13) To encourage coordination of various public and private procedures and activities shaping land development, with a view of lessening the cost of such development and to the more efficient use of land.

(14) To regulate the location of buildings and establish standards of development; to establish building lines and the location of buildings designed for residential, commercial, industrial, office or other uses within such lines; and to fix reasonable standards to which buildings or structures shall conform.

(15) To prohibit incompatible uses; to prohibit uses, buildings or structures which are incompatible with the character of development of the permitted uses within specified zoning districts and surrounding areas.

(16) To regulate alterations of existing buildings; to prevent such additions to, and alterations or remodeling of, existing buildings or structures as would not comply with the restrictions and limitations imposed hereunder.

(17) To conserve the value of land and buildings throughout the Township.

(18) Within the community's resources, to meet the future housing needs of the citizens of the Township of Cranford and the region and to assure a full range of housing types to meet all income levels.

(19) To reduce public expenditures for emergency operations, evacuations and restorations.

(20) To prevent damage to transportation and utility systems.

(21) To minimize losses and damage to public and private property due to inundation caused by floodwaters and storm runoff.

(22) To restrict structures and land uses which increase flood heights, velocities, erosion and siltation.

(23) To prevent an increase in volume and rate of surface runoff due to development.

(24) To prevent further unwise developments in floodplains, thus reducing future expenditures for protective measures.

(25) To preserve, protect and enhance the natural environment of the floodplain.

(26) To maintain the useful life of water detention and retention areas by preventing sedimentation.

(27) To prevent dangers to life and property from flooding resulting from excessive water runoff and clogging of drainage structures.

(28) To preserve the recreational use of water bodies and enhance water quality by preventing stagnation.

(29) To prevent pollutants from entering streams, rivers and potable water supplies.

(30) To reduce public expenditures for repair of public facilities resulting from soil erosion and sedimentation.

B. Definitions.

(1) For the purpose of this chapter, unless the context clearly indicates a different meaning, the term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action. The singular shall also mean the plural, and "person" shall also mean other legal entities.

(2) As used in this chapter, the following terms shall have the meanings indicated:[1]

ABUTTING COUNTY ROAD

Any existing or proposed county road shown on the adopted County Master Plan or Official Map which adjoins or lies within a lot or parcel of land submitted for subdivision or site plan approval.

ACCESSORY USE OR STRUCTURE

A use or structure subordinate to and customarily incidental to the principal use or structure on the same lot. When an accessory building is attached in a substantial manner by a wall or roof to a principal building or structure, it shall be considered a part thereof.

ADMINISTRATIVE OFFICER

The Secretary of the Planning Board for the Planning Board and the Zoning Officer for the Board of Adjustment.

ADVERSE DRAINAGE CONDITION

The absence of drainage facilities, drainage easements or drainage rights-of-way leading to, along or through a street, road, drainage structure or property, either within or exterior to a proposed subdivision or site plan, of such location, size, design, construction or condition which would provide adequately for storm drainage or which would prevent flooding, erosion, silting or other damaging effect to a street, road, drainage structure or property or which would remove the threat of such damage.

ALLEY

A minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

ANIMAL HOSPITAL

A place where animals or pets are given medical or surgical treatment. Use as a kennel shall be limited to short-term boarding and shall be incidental to such hospital use.

ANIMAL KENNEL

Any building, structure or premises in which animals are kept, boarded, bred or trained for commercial gain.

APARTMENT

See "dwelling, multifamily."

APPLICANT

A developer submitting an application for development.

APPLICATION FOR DEVELOPMENT

The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction for the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.

APPROVED PLAN

A plan which has been granted final approval of the Planning Board or Board of Adjustment of the Township of Cranford.

APPROVING AUTHORITY

The Cranford Planning or Zoning Board, unless a different agency is designated by statute.

ART GALLERIES

Establishments primarily engaged in retailing original and limited edition art works.

ARTIST AND ARTISAN STUDIO OR WORKSHOP

An establishment wherein persons skilled in the fine arts, such as drawing, painting or sculpture, or persons with special skills or trade in the manual arts, such as pottery, glass blowing and jewelry making, work or carry out light manufacturing or repairs.

ATTIC

The space between the ceiling beams of the top story and the roof rafters.

ATTIC STORY

An attic having, within its space, possible floor area with headroom of five feet or greater over 60% or more of the story directly beneath.

AUTO REPAIR GARAGE

Establishments primarily engaged in the repair and servicing of automobiles. Industrial truck repair is not included in this definition.

AWNING

A roof-like cover that projects from a wall of a building for the purpose of shielding a doorway or window from the elements.

BAKERIES

Establishments primarily engaged in retailing baked goods that are made on or off the premises.

BANNER

A flexible substrate on which copy or graphics may be displayed.

BASE FLOOD ELEVATION

The highest elevation, expressed in feet above sea level, of the level of floodwaters occurring in the regulatory base flood.

BASEMENT

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

BEAUTY AND BARBER SHOPS

Establishments that are primarily engaged in furnishing beauty and hairdressing services, including manicure, pedicure, and facial salons.

BED-AND-BREAKFAST ESTABLISHMENT

A building that contains a minimum of two units utilized for lodging and a morning meal for transient guests in exchange for compensation.

BLOCK

The areas bounded by one or more streets or a municipal boundary of sufficient size to accommodate a lot or lots of the minimum size required in this chapter.

BOARDER

See "roomer."

BOARDING HOME FOR SHELTERED CARE

An establishment licensed by the New Jersey State Department of Health to operate as a boarding home for sheltered care.

BUILDING

A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.

(a) BUILDING, ACCESSORY A subordinate building on the same lot with the principal or main building occupied by or devoted exclusively to an accessory use.

(b) BUILDING, PRINCIPAL A building in which is conducted the principal use of the site on which it is situated.

BUILDING COVERAGE

That area of a lot or site which is occupied or proposed to be occupied by a building. (See also "lot coverage" and "open space.")

CABARET or NIGHTCLUB

Any room, place, space or premises operated as a commercial establishment in which eating and/or drinking may take place and in which there is also provided entertainment. Such entertainment may include music by a live musician or musicians or any mechanical, electronic or other means, such as records, laser discs, audio or video tapes or other audio or audiovisual means; this does include the operation of a motion-picture theater. Also included as entertainment are any act, play, burlesque show, revue, pantomime, scene, dance act or song-and-dance act participated in by one or more employees, guests, customers or any other person or persons. For the purpose of this definition, background piped-in music shall not be deemed as a form of entertainment.

CANDY STORES

Establishments primarily engaged in retailing candy and other confections, nuts, and popcorn not for immediate consumption and not made on the premises.

CAPITAL IMPROVEMENT

A governmental construction project or acquisition of equipment or real property.

CAR DEALER, NEW

An establishment primarily engaged in the factory-authorized retail sale of new cars; permitted accessory uses are the maintenance of a service and repair shop, the retail sale of used cars, car parts and accessories and the sale of used, new and unused light vehicles other than cars.

CAR DEALER, USED

An establishment solely engaged in the sale of used cars.

CARPORT

A roofed structure providing space for the parking of motor vehicles and enclosed on not more than three sides.

CELLAR

A space with less than 1/2 of its floor-to-ceiling height above the average finished grade of the adjoining ground or with a floor-to-ceiling height of less than 6 1/2 feet.

CERTIFICATION

A signed, written statement by the appropriate officer that specific constructions, inspections, tests or notices, where required, have been performed and that such comply with this chapter.

CHANGE OF USE

A change from any use listed in § 255-36 of this chapter to any other use, or from any use not listed to any other use.

CHANNEL

A watercourse with a definite bed and banks which confine and conduct continuously or intermittently flowing water.

CHILD-CARE CENTER

An establishment providing for the care, supervision and protection of children and for which, upon completion, a license is required from the Department of Children and Families pursuant to Public Law 1983, Chapter 492 (N.J.S.A. 30:5B-1 et seq.). The floor area occupied by child-care centers shall not be counted against the maximum floor area ratio of permitted uses in nonresidential zones.[2]

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.

CLUSTER

See "residential cluster."

COFFEE SHOPS

Establishments primarily engaged in serving nonalcoholic beverages, such as coffee, juices, or sodas, for consumption on or near the premises. These establishments may carry and sell a combination of snacks, nonalcoholic beverages, and other related products (e.g., coffee beans, mugs, and coffee makers) but generally promote and sell a unique snack or nonalcoholic beverage.

COMMERCIAL VEHICLE or COMMERCIAL LIGHT VEHICLE

Any such currently registered and operational motor vehicle containing advertising, signs, lettering, names or addresses, other than trademarks and labels of manufacturer and dealer, but not including any omnibus, school bus or school vehicle as defined by Title 39 of the New Jersey Revised Statutes.

COMMON OWNERSHIP

Ownership of two or more contiguous parcels of real property by one person or by two or more persons owning such property jointly.

COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED

Any community residential facility housing up to 16 developmentally disabled persons which provides food, shelter, and personal guidance for developmentally disabled persons who require assistance, temporarily or permanently, in order to live independently in the community. Such residences shall not be considered health care facilities within the meaning of the Health Care Facilities Planning Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.), and shall include, but not be limited to, group homes, halfway houses, supervised apartment living arrangements, and hostels.[3]

COMMUNITY RESIDENCE FOR THE MENTALLY ILL

Any community residential facility which provides food, shelter and personal guidance, under such supervision as required, to not more than 15 mentally ill persons who require assistance, temporarily or permanently, in order to live independently in the community. These residences shall be approved for a purchase of service contract or an affiliation agreement pursuant to procedures established by the Division of Mental Health and Addiction Services in the Department of Human Services. These residences shall not house persons who have been assigned to a state psychiatric hospital after having been found not guilty of a criminal offense by reason of insanity or unfit to be tried on a criminal charge. These residences shall not be considered health care facilities within the meaning of the Health Care Facilities Planning Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.) and shall include, but not be limited to, group homes, halfway houses, supervised apartment living arrangements, family care homes, and hostels.[4]

COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE

Any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, c. 337 (N.J.S.A. 30:14-1 through 30:14-14), providing food, shelter, medical care, legal assistance, personal guidance and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.

COMPLETE APPLICATION

An application form completed as specified by this chapter and the rules and regulations of the Boards and all accompanying documents required for approval of the application for development.

CONDITIONAL USE

A use permitted in a particular zoning district only upon 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 therefor by the Planning Board.

CONVENIENCE STORES

Establishments that sell a range of everyday items such as groceries, prepared food for off-site consumption, toiletries, alcoholic and soft drinks, tobacco products, and newspapers and may offer money order and wire transfer services.

COUNTY MASTER PLAN

A composite of the plan elements for the physical development of Union County, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4.

COUNTY PLANNING BOARD

The Union County Planning Board.

COURT

Any open, unoccupied area which is bounded by three or more building walls.

COURT, INNER

An open area, unobstructed from the ground to the sky, which is bounded on more than three sides by the exterior walls of one or more buildings.

COURT, OUTER

An open space, unobstructed from the ground to the sky, which is bounded on not more than three sides by the exterior walls of one or more buildings.

CRITICAL AREA

A sediment-producing, highly erodible or severely eroded area.

CUL-DE-SAC

The turnaround at the end of a dead-end street.

CULVERT

A structure with a clear span of 20 feet or less under a driveway, road, railroad or pedestrian walk, not incorporated in a closed system.

CUT

Portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface or excavated surface.

DAYS

Calendar days.

DEAD-END STREET

A street or portion of a street which is accessible by a single means of ingress or egress.

DECK

A raised horizontal structure without roof or walls and more than one foot in height at any point; also, an area having the characteristics of a patio but more than one foot in height at any point.

DEDICATION FOR STREET PURPOSES

A dedication of land for construction, reconstruction, widening, repairing, maintaining or improving a street, public or private, and for the construction, reconstruction or alteration of facilities related to the safety, convenience or carrying capacity of said street, including but not limited to curbing, pedestrian walkways, drainage facilities, traffic control devices and utilities in or along road rights-of-way.

DELICATESSENS

Establishments primarily engaged in providing food services (except snack and nonalcoholic beverage bars) where patrons generally order or select items and pay before eating. Food and drink may be consumed on premises, taken out, or delivered to the customer's location. Some establishments in this industry may provide these food services in combination with selling alcoholic beverages.

DEVELOPER

The legal or beneficial owner or owners of a lot or of any land included in a proposed development, including the holder of an option or contract to purchase, or other 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 alteration, relocation or enlargement of any building or other structure; any mining, excavation, landfill or land disturbance; and any use or extension of use of land for which permission may be required pursuant to this chapter.[5]

DEVELOPMENTALLY DISABLED PERSON

A person who is developmentally disabled as defined in Section 2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2).

DEVELOPMENT CLUSTER

See "residential cluster."

DEVELOPMENT REGULATION

Zoning, subdivision, site plan, official map or other municipal regulation of the use and development of land, or amendment thereto, adopted and filed pursuant to the Municipal Land Use Law.

DIVERSION CHANNEL

A channel constructed across or at the bottom of a slope.

DRAINAGE

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

DRIVE-IN RESTAURANT

A building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption of the same takes place or is designed to take place outside the confines of the building in a motor vehicle on the site.

DRIVE-IN USE

A use where all or part of the business may take place outside the confines of the principal structure with the customer remaining in a motor vehicle.

DWELLING, ATTACHED

A one-family dwelling attached to two or more one-family dwellings by common vertical walls.

DWELLING, DETACHED

A dwelling which is not attached to any other dwelling.

DWELLING, MULTIFAMILY

A building containing more than two dwelling units.

DWELLING, NEIGHBORING

Any dwelling located on any of the following lots:

(a) The first or second lot in either direction from the subject lot on the same side of the street, without regard to intervening streets.

(b) A lot with any part of its street frontage opposite the subject lot or any other lot referred to in Subsection (a) of this definition.

DWELLING, ONE-FAMILY

A building containing one dwelling unit.

DWELLING, SEMIDETACHED

A one-family dwelling attached to one other one-family dwelling by a common vertical wall.

DWELLING, TWO-FAMILY

A building containing two dwelling units.

DWELLING 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.

ELECTRONIC MESSAGE CENTER OR SIGN (EMC)

An electrically activated changeable sign whose variable message and/or graphic presentation capability can be electronically programmed by computer from a remote location. Also known as an "EMC." Electronic message centers (EMCs) typically use light-emitting diodes (LEDs) as a lighting source. (See also the following terms principally associated with electronic message centers: display time, dissolve, dynamic frame effect, fade, frame, frame effect, scroll, transition, and travel).

(a) DISPLAY TIME The amount of time a message and/or graphic is displayed on an electronic message sign.

(b) DISSOLVE A mode of message transition on an electronic message sign accomplished by varying the light intensity or pattern, in which the first message gradually appears to dissipate and lose legibility with the gradual appearance and legibility of the second message.

(c) DYNAMIC FRAME EFFECT An electronic message sign frame effect in which the illusion of motion and/or animation is used.

(d) FADE A mode of message transition on an electronic message sign accomplished by varying the light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility.

(e) FRAME A complete, static display screen on an electronic message sign.

(f) FRAME EFFECT A visual effect on an electronic message sign applied to a single frame. See also "dynamic frame effect."

(g) SCROLL A mode of message transition on an electronic message sign in which the message appears to move vertically across the display surface.

(h) TRANSITION A visual effect used on an electronic message sign to change from one message to another.

(i) TRAVEL A mode of message transition on an electronic message sign in which the message appears to move horizontally across the display surface.

EMBANKMENT

A man-made or natural deposit of soil, rock or other material. (See "fill.")

ENCROACHMENT

Any obstruction within a delineated floodway.

ENVIRONMENTAL COMMISSION

A municipal advisory body created pursuant to N.J.S.A. 40:56A-1 et seq.

EROSION

The detachment, movement or wearing away of land surface, soil or rock by water, wind, ice or gravity.

ESSENTIAL SERVICES

The erection, construction, alteration or maintenance of underground, surface or overhead gas, electrical, steam or water transmission systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, light stanchions, telephone lines, hydrants and other similar equipment and accessories reasonably necessary for the furnishing of adequate service to the zone or neighborhood where located by public utilities or municipal or other governmental agencies. "Essential services" shall include first aid and emergency aid squad buildings.

EXCAVATION

Removal or recovery, by any means whatsoever, of minerals, mineral substances or organic substances, other than vegetation, from the water, land surface or beneath the land surface, whether exposed or submerged. Normal agricultural activities shall not be considered to be "excavation."

EXECUTIVE OFFICES

Offices used primarily for corporate headquarters and executive management and administrative purposes, including conference facilities and meeting rooms. Executive offices shall be limited to no more than four.

EXISTING GRADE

The vertical location of the ground surface prior to excavating or filling.

EYEGLASS SALES AND REPAIR

Establishments primarily engaged in one or more of the following:

(a) Retailing and fitting prescription eyeglasses and contact lenses;

(b) Retailing prescription eyeglasses in combination with the grinding of lenses to order on the premises; and

(c) Selling nonprescription eyeglasses, which may or may not include an accessory medical professional office associated with an optometrist and/or ophthalmologist.

FACADE

That portion of the façade of a building which fronts on a street.

[Added 7-7-2022 by Ord. No. 2022-15]

FAMILY

Any number of persons maintaining a nonprofit household. A "family" shall include foster children placed with a family by the State Department of Children and Families or a duly incorporated child-care agency but shall not include roomers or members of a fraternity or sorority. (See also "household.")

[Amended 10-24-2017 by Ord. No. 2017-12]

FAMILY DAY CARE HOME

A private residence which is registered as a family day care home pursuant to the Family Day Care Provider Registration Act, P.L. 1987, c. 27 (N.J.S.A. 30:5B-16 et seq.), and is further defined as a private residence in which child-care services are provided for a fee to not fewer than three and no more than five children at one time for no less than 15 hours per week, except that the Department of Children and Families shall not exclude a family day-care home with fewer than three children from voluntary registration.

[Amended 10-24-2017 by Ord. No. 2017-12]

FARM

An area of land which is actively devoted to agricultural or horticultural use, which occupies no fewer than five acres, exclusive of the land upon which the farmhouse is located and such additional land as may actually be used in connection with the farmhouse as provided in N.J.S.A. 54:4-23.3, 54:4-23.4 and 54:4-23.11, except that livestock, poultry, fowl or other animals shall not be maintained on the premises for commercial gain unless incidental to the major agricultural activity.

FILL

Sand, gravel, earth or other materials of any composition whatsoever placed or deposited by any person or persons. See also "embankment."

FINAL APPROVAL

The official action of the Planning Board or Board of Adjustment taken on a development plan which had been given preliminary approval and after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion or approval conditioned upon the posting of such guaranties.

FLOOD DAMAGE POTENTIAL

The susceptibility of a specific land use at a particular location to damage by flooding and the potential of the specific land use to increase off-site flooding or flood-related damages.

FLOOD-FRINGE AREA

That portion of the flood hazard area outside of the floodway based on the total area inundated during the regulatory base flood, plus 25% of the regulatory base flood discharge.

FLOOD HAZARD AREA

The floodplain, consisting of the floodway and the flood-fringe area.

FLOOD HAZARD DESIGN ELEVATION

The highest elevation, expressed in feet above sea level, of the level of floodwaters which delineates the flood-fringe area.

FLOOD OF RECORD

Flood of August 2-3, 1973, for which accurate local records are available.

FLOODPLAIN

The same as "flood hazard area," and shall include Zones A-1 through A-30 on the Flood Insurance Rate Map.

FLOOR AREA, GROSS

The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of the exterior walls, but not including areas devoted exclusively to off-street parking and loading space for motor vehicles or any space where the floor-to-ceiling height is less than seven feet.

FLOOR AREA, NET

Gross floor area minus 15%.

FLOOR AREA RATIO

The ratio of the gross floor area of all buildings on a lot to the lot area.

FLY ASH

Particles of gasborne matter, not including process material, arising from the combustion of solid fuel such as coal or wood.

FURNITURE STORES

Establishments primarily engaged in retailing new furniture, such as household furniture and outdoor furniture, office furniture and/or furniture sold in combination with major appliances, home electronics, home furnishings, or floor coverings.

GARAGED

To be stored or parked entirely within the perimeter walls of a garage, with the doors closed except for purposes of ingress and egress.

GARAGE, PRIVATE CUSTOMER AND EMPLOYEE

A structure that is accessory to a retail, commercial or manufacturing establishment, building or use for the parking and storage of vehicles operated by the customers, visitors and employees of such buildings and that is not available to the general public.

GARAGE, PRIVATE RESIDENTIAL

A structure that is accessory to a residential building and that is used for the parking and storage of vehicles owned and operated by the residents thereof.

GARAGE, PUBLIC

A structure or portion thereof other than a private customer and employee garage or private residential garage used for the parking and storage of vehicles and available to the general public.

GARAGE, REPAIR

Any building, premises or land in which or upon which a business, service or industry involving the maintenance, servicing, repair or painting of vehicles, trailers or recreation vehicles is conducted or rendered and which does not involve the sale of gasoline or other fuels. The sale of new or used vehicles is not a permitted use.

GARDEN APARTMENT

See "dwelling, multifamily."

GASOLINE SERVICE STATION

A place where gasoline or other motor fuels are sold to the public and delivered directly into motor vehicles and which may also provide for the maintenance and service of motor vehicles or the sale and installation of motor vehicle equipment and accessories.

GOVERNING BODY

The Township Committee of the Township of Cranford.

GOVERNMENT AGENCY

Any department, commission, independent agency or instrumentality of the United States and of the State of New Jersey and of any county, city, township, village, authority, district or other governmental unit.[6]

GRADE, FINISHED

The final grade or elevation of the ground surface conforming to the proposed design.

GRADE PLANE

(a) Areas located outside the flood hazard area: A reference plane representing the average of the finished ground level adjoining the building at all exterior walls. Finished grade shall be pre-construction grade on level sites and not in excess of two feet above the pre-construction grade on the upland side(s) of a structure on sloping sites.

(b) Areas or portions of the building area of a lot located within the flood hazard area: The reference plane shall be the more restrictive of the base flood elevation or advisory base flood elevation of the flood hazard area plus four feet.

[Amended 11-23-2021 by Ord. No. 2021-17]

GRADING

Any stripping, culling, filling, stockpiling or any combination thereof, including the land in its cut or filled condition.

GROCERY STORES

Stores commonly known as "supermarkets," "food stores," "grocery stores," and "delicatessens" primarily engaged in the retail sale of all sorts of canned food, dry goods, fresh fruits and vegetables, and fresh meats, fish, and poultry, except that convenience stores are not included in this definition.

GROSS VEHICULAR WEIGHT

The gross vehicle weight rating established by the manufacturer.

HABITABLE ROOM

Any room in a dwelling unit other than a kitchen or bathroom.

HAZARDOUS MATERIALS

Includes but is not limited to inorganic mineral acids of sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous, selenium and arsenic and their common salts; lead, nickel and mercury and their inorganic salts or metallo-organic derivatives; and coal tar acids, such as phenols and cresols and their salts.

HAZARDOUS WASTE

Those wastes that can cause or help to cause illness or death or that, in the absence of proper management, represent a significant threat to either human health or the environment based upon the criteria of ignitability, corrosivity, reactivity and toxicity as established by the United States Environmental Protection Agency (EPA) pursuant to the provisions of the Resource Conservation and Recovery Act of 1976.

HEALTH CARE FACILITY

A facility which provides a full range of medical preventative, diagnostic, treatment and surgical services, excluding drug rehabilitation services, by a group of physicians to persons who come to the facility to receive medical services and depart from the facility on the same day, which may also include ancillary lab testing, pharmaceutical, food service and other support services.

HEIGHT

The vertical distance from the grade plane to the highest point of the roof surface of a building.

HIGHLY FLAMMABLE LIQUIDS OR GASES

Liquids or gases having a flash point of 100° F. (37° C.) or less or autoignition temperatures of 1,040° F. (560° C.) or less.

HISTORIC SITE

Any building, structure, area or property that has been designated to be significant in the history, architecture, archaeology or culture of this state, its communities or the nation pursuant to the New Jersey Municipal Land Use Law.

HOME OCCUPATION

Any activity carried out for gain by a resident conducted as an accessory use in his dwelling unit. Newspaper delivery by minors shall not be considered a home occupation.

HOTEL, MOTOR HOTEL or MOTEL

A building designed for occupancy as a temporary residence of one or more persons who are lodged with or without meals.

HOUSEHOLD

A family living together in a single dwelling unit with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit.

HOUSEHOLD APPLIANCE SALES

Establishments primarily engaged in selling and servicing household appliances, such as refrigerators, stoves, washing machines, clothes dryers, and room air conditioners.

IMPERVIOUS SURFACE

Any material which generally reduces or prevents absorption of stormwater into previously undeveloped land. Retention and detention basins and dry wells allowing water to percolate directly into the ground shall not be considered as impervious surfaces.

INSTITUTIONAL AND PUBLIC USES

Nonprofit public or quasi-public institutions and uses such as houses of worship, public and private schools and/or land used for such purposes, but not municipally owned libraries, buildings, structures or land.

INTERESTED PARTY

In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; in the case of a civil proceeding in any court or an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or under any other law of this state or of the United States or has been denied, violated or infringed by an action or a failure to act under this chapter.

JUNK

Any scrap, waste, reclaimable material and debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition. "Junk" may include, for purposes of illustration, vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, plaster, household appliances, wood, lumber, brush and building materials.

JUNKYARD

Any area, lot, parcel, building or structure used for the storage, sale, processing, abandonment or storage of junk.

LAND

Ground, soil or earth, including improvements and fixtures on, above or below the surface thereof.

LAND DISTURBANCE

Any activity involving clearing, cutting, excavating, filling, grading and any other activity which causes land to be exposed to the danger of erosion.

LAWN AND GARDEN EQUIPMENT SALES AND REPAIR SHOPS

Establishments primarily engaged in either repairing and/or servicing home and garden equipment such as lawn mowers, handheld power tools, edgers, snow and leaf blowers, and trimmers.

LIGHT VEHICLE

(a) Pedal-operated vehicles, motorcycles, mopeds and other similar vehicles.

(b) The following light motor vehicle classes, as recognized by the United States Environmental Protection Agency:

[1] Cars, including station wagons.

[2] Pickup trucks, but only those with a gross vehicular weight which does not exceed 8,600 pounds. Pickup trucks with a gross vehicular weight exceeding 8,600 pounds may be classified as "light vehicles," provided that the length, width and height are the same as those of a comparable vehicle with a gross vehicular weight of 8,600 pounds or less, as produced by the same manufacturer during the same model year.

[3] Vans, but only those with a gross vehicular weight which does not exceed 8,600 pounds. Vans with a gross vehicular weight exceeding 8,600 pounds may be classified as "light vehicles," provided that the length, width and height are the same as those of a comparable vehicle with a gross vehicular weight of 8,600 pounds or less, as produced by the same manufacturer during the same model year.

[4] Special purpose vehicles, but only those with a gross vehicular weight which does not exceed 8,600 pounds. Special purpose vehicles with a gross vehicular weight exceeding 8,600 pounds may be classified as "light vehicles," provided that the length, width and height are the same as those of a comparable vehicle with a gross vehicular weight of 8,600 pounds or less, as produced by the same manufacturer during the same model year.

(c) This term does not include any omnibus, school bus or school vehicle as defined by Title 39 of the New Jersey Revised Statutes.

LIMITED ASSEMBLY

The assembly or partial assembly of products and goods to be stored and distributed as part of the office and warehouse/distribution uses on site. "Limited assembly" shall not include manufacturing operations which result in the conversion or modification of the chemical or physical properties of the component materials or result in chemical by-products of the operation. All limited assembly uses shall be subject to the performance standards set forth in § 255-27 of this chapter.

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

The computed area contained within the lot lines, but not including any street rights-of-way.

LOT, CORNER

A parcel of land either at the junction of and abutting on two or more intersecting streets or abutting a single street at the point where the road tangents deflect by more than 45°. On corner lots, there shall only be one rear lot line.

LOT COVERAGE

That portion of one lot or more than one lot which is improved or is proposed to be improved with buildings and structures, including but not limited to driveways, parking lots, pedestrian walkways, signs and other man-made improvements on the ground surface which are more impervious than the natural surface. (See also "building coverage" and "open space.")

LOT DEPTH

The distance between the midpoint of the front lot line and the midpoint of the rear lot line.

LOT, INTERIOR

A parcel of land other than a corner lot.

LOT LINE

A line of record bounding a lot.

LOT LINE, FRONT

The lot line separating a lot from a street right-of-way.

LOT LINE, REAR

The lot line opposite and most distant from the front lot line or the point at which the two side lot lines meet in the case of a triangular lot. If a lot has two or more front lot lines, the line opposite the street used as the property address shall be considered the rear lot line.

LOT LINE, SIDE

Any lot line other than a front or rear lot line.

LOT, THROUGH

An interior lot which extends from one street to another.

LOT WIDTH

The shortest distance between the side lot lines.

LUMBER YARDS

Establishments (except those known as home centers, paint and wallpaper stores, and hardware stores) primarily engaged in retailing specialized lines of new building materials, such as lumber, fencing, glass, doors, plumbing fixtures and supplies, electrical supplies, prefabricated buildings and kits, and kitchen and bath cabinets and countertops to be installed.

MAINTENANCE GUARANTY

Any security, other than cash, which may be accepted by the Township for the maintenance of any improvements required by this chapter.

MAJOR SITE PLAN

A development plan for one or more lots which meets one or more of the following criteria:

(a) Five or more acres.

(b) Six or more dwelling units.

(c) A planned development.

(d) Any new street.

(e) Any off-tract improvement which is to be provided pursuant to N.J.S.A. 40:55D-42.

MAJOR SUBDIVISION

A subdivision not classified as a minor subdivision.

MASTER PLAN

A composite of one or more written or graphic proposals for the development of the Township prepared and adopted pursuant to the Municipal Land Use Law.

MAYOR

The chief executive of the Township of Cranford.

MENTALLY ILL PERSON

A person who is afflicted with a mental illness as defined in N.J.S.A. 30:11B-2, but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.[7]

MICROCELL

A small patch antenna which is generally surface mounted to a building facade.

MINOR SITE PLAN

Any site plan not a major site plan.

MINOR SUBDIVISION

A subdivision of land for the creation of no more than three lots, provided that such subdivision does not involve a planned development, a new street, or an extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.

MULCHING

The application of suitable materials on the soil surface to conserve moisture, hold soil in place and aid in establishing plant cover.

MUNICIPAL LAND USE LAW

N.J.S.A. 40:55D-1 through 40:55D-92, as amended.

NATURAL GROUND SURFACE

The ground surface in its original state before any grading, excavation or filling.

NONCONFORMING LOT

A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING USE

A use or activity which was lawful prior to the adoption, revision or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NUISANCE ELEMENT

Any smoke, solid particles or fly ash, odors, liquid wastes, solid wastes, radiation, noise, vibration, glare or heat.

NURSERY SCHOOL

A facility designed to provide daytime care or instruction for five or more children from two to five years of age, inclusive, and operated on a regular basis.

NURSING HOME

A building providing shelter and/or supplemental health care for the elderly or infirm and meeting the standards of and licensed by the State of New Jersey to operate as a nursing home.

OBSTRUCTION

Includes but is not limited to any structure, fill, excavation, channel modification, rock, gravel, refuse or matter in, along, across or projecting into any channel, watercourse or flood hazard area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to pose a danger to life or property.

OFFICE DISTRIBUTION CENTERS

Includes the warehousing and distribution of goods, provided that up to 10% of the gross floor area of any office distribution center may be used for executive or administrative office uses ancillary to the warehouse and distribution uses. Warehousing in office distribution centers shall not include the storage of fuels, hazardous materials, hazardous waste, highly flammable liquids or gases or petrochemical products. All warehousing and storage of goods shall be conducted entirely within enclosed structures and buildings. "Office distribution centers" shall not include mini warehouses or similar uses or truck depots or similar uses.

OFFICE SUPPLY AND SUPPORT STORES

Establishments primarily engaged in supplying, reproducing, shipping, and selling of miscellaneous supplies in support of office uses.

OFFICIAL COUNTY MAP

The map, with changes and additions thereto, adopted and established from time to time by resolution of the Board of Chosen Freeholders of the county pursuant to N.J.S.A. 40:27-5.

OFFICIAL MAP

A map adopted in accordance with the Municipal Land Use Law or any prior act authorizing such adoption, which map shall be deemed conclusive with respect to the location and width of the streets, public parks and playgrounds and drainage rights-of-way shown thereon.

OFFICIAL SOIL MAP

The individual map sheets that are part of the Union County Soil Survey of the National Cooperative Soil Survey of the Natural Resources Conservation Service, United States Department of Agriculture, published by the County Soil Conservation District and adopted by resolution of the Union County Planning Board.[8]

OFFICIAL SOILS INTERPRETATION

The interpretations of the soils described in the Somerset-Union Soil Survey of the National Cooperative Soil Survey of the Natural Resources Conservation Service, United States Department of Agriculture, published by the County Soil Conservation District and adopted by resolution of the Union County Planning Board.[9]

OFF SITE

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

OFF TRACT

Not located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

ON SITE

Located on the lot in question.

ON TRACT

Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

OPEN SPACE

Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such area may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land. (See also "building coverage" and "lot coverage.")

OPEN SPACE, COMMON

An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. "Common open space" may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

OPEN SPACE, GREEN

An area not occupied by structures or impervious surfaces.

OPEN SPACE, PUBLIC

An open space area conveyed or otherwise dedicated to the Township or a Township agency, Board of Education, state or county agency or other public body for recreational and conservational uses.

OWNER

An individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest to seek or authorize development of land under this chapter.

PARABOLIC SATELLITE ANTENNA

Any apparatus which is designed for the purpose of receiving television, radio, microwave, satellite or similar signals and which is characterized by a round dish-type structure.

PARKING AREA, PRIVATE

Any open area, including parking spaces, driveways and access aisles or other public ways, used for the temporary storage of automobiles and other permitted vehicles for the private use of the owners or occupants of the lot on which the area is located.

PARKING AREA, PUBLIC

Any open area, including parking spaces, driveways and access aisles, other than a street or other public way, used for the temporary storage of automobiles and other permitted vehicles and available to the public, with or without compensation, or as an accommodation for clients, customers and employees.

PARKING FACILITY

Any private customer and employee garage, private residential garage and public garage.

PARTY IMMEDIATELY CONCERNED

For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under this chapter.

PATIO

A horizontal area located at existing grade and used for other than vehicular purposes, which is without roof or walls and surfaced with wood, macadam, masonry, stone, brick, block or other such material.

PENTHOUSE

A roofed enclosure up to 12 feet in height on top of a building and occupying not more than 20% of the main roof area.

PERCOLATION TEST

A test designed to determine the ability to absorb water.

PERFORMANCE GUARANTY

Any security which may be accepted by the Township, provided that 10% of the total performance guaranty shall be in cash.

PERFORMANCE STANDARDS

The maximum emission level that a nuisance element is permitted under this chapter.

PERMIT

A certificate issued to perform work under this chapter.

PERMITTED USE

Any use which shall be allowed, subject to the provisions of this chapter.

PERMITTEE

Any person to whom a permit is issued in accordance with this chapter.

PERSON

A corporation, company, association, society, firm, partnership or joint-stock company, as well as an individual, the state and all political subdivisions of the state or any agency or instrumentality thereof.

PESTICIDE

Any substance or mixture of substances labeled, designed, intended for or capable of use in preventing, destroying, repelling, sterilizing or mitigating any insects, rodents, nematodes, predatory animals, fungi, weeds and other forms of plant or animal life or viruses, except viruses on or in persons or animals. The term "pesticide" shall also include any substance or mixture of substances labeled, designed or intended for use as a defoliant, desiccant or plant regulator.

PET STORES

Establishments primarily engaged in the retail sale of pets, including dogs, cats, fish, and exotic animals.

PHYSICIAN

A person licensed to practice medicine or surgery, or a chiropractic physician, doctor of podiatry or a person similarly licensed by the Board of Medical Examiners of the State of New Jersey.

PIPELINE

A pipeline which is not a public utility, that distributes to end users and is unregulated by the State of New Jersey Board of Public Utilities and which is designed to transport a variety of materials, including hazardous substances which, if a discharge occurred, result in environmental degradation to the environment, including the land, water and air.

[Added 1-26-2016 by Ord. No. 2016-01]

PLANNED DEVELOPMENT

Any development which is a planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.

PLAT

A map or maps of a subdivision or site plan.

PLAT, FINAL

The final map of all or a portion of a subdivision or site plan which is presented to the Planning Board or Board of Adjustment for final approval in accordance with this chapter.

PLAT, PRELIMINARY

The preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the Planning Board or Board of Adjustment for consideration and preliminary approval.

PLAT, SKETCH

The sketch map of a subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification.

PORCH

A deck, patio or terrace with a permanent roof.

PRELIMINARY APPROVAL

The conferral of certain rights pursuant to this chapter prior to final approval after specific elements of the development plan have been agreed upon by the Planning Board or Board of Adjustment 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.

PROFESSIONAL ENGINEER

An engineer duly licensed by the State of New Jersey.

PROFESSIONAL OFFICE

The office of an accountant, architect, attorney, dentist, engineer or physician.

PROHIBITED USE

A use which is not permitted in a zone district.

PUBLIC AREAS

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

PUBLIC DEVELOPMENT PROPOSAL

A master plan, capital improvement 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.

QUORUM

The majority of the full authorized membership of the Board.

RAINFALL, EXCESS

The portion of rainfall which becomes direct surface runoff.

RECREATION, COMMERCIAL

Facilities operated as a business and open to the public for a fee and where no alcoholic beverages are served and no live entertainment is conducted.

RECREATION EQUIPMENT

Includes the following items if currently registered and in good repair:

(a) RECREATION TRAILER A trailer used to carry a boat, bicycle, motorcycle or some other similar item of recreation equipment or vehicle.

(b) HOUSE OR TRAVEL TRAILER A portable structure mounted on or part of a trailer for use as a temporary dwelling for travel, recreation or vacation and having a maximum body length of 35 feet and a maximum body width of eight feet when factory equipped for the road.

(c) PICKUP CAMPER A portable structure designed to be mounted on a pickup or other truck for travel, recreation or vacation uses, but not including pickup caps which do not extend more than 12 inches above the standard cab of the pickup. Pickup trucks equipped with such caps shall be considered light vehicles.

(d) MOTOR HOME A motor vehicle designed for use as a temporary dwelling for travel, recreation or vacation, but not including standard vans which are light vehicles and usable only for sleeping purposes. Such vans shall be considered light vehicles.

(e) CAMP TRAILER A folding or rigid portable structure mounted on or part of a trailer and designed for travel, recreation or vacation uses.

(f) BOAT Any kind of boat, float or raft.

RECREATION FACILITY

A place where sports, leisure-time activities and customary and usual recreational activities, such as set forth in Major Group No. 79 of the Standard Industrial Classification Manual, are carried out.

RECREATION, PERSONAL

An accessory use located on the same lot as the principal permitted use and designed to be used primarily by the occupants of the principal use and their guests.

RECREATION, PRIVATE

Facilities operated by a nonprofit organization and open only to bona fide members and guests of such nonprofit organization.

RECREATION, PUBLIC

Facilities operated by the Township, county or other governmental agency.

REGULATORY BASE FLOOD

The flood having a one-percent chance of being equaled or exceeded in any given year.

REGULATORY BASE FLOOD DISCHARGE

The rate of flow produced by the regulatory base flood measured in cubic feet per second.

REGULATORY FLOODWAY

The channel and the adjacent land areas that must be reserved in order to discharge the regulatory base flood without cumulatively increasing the water surface elevation more than 0.2 foot.

REPAIRS, MAJOR

Include, but are not limited to, engine changeover or overhaul, front end overhaul, transmission replacement or overhaul, rear end replacement or overhaul, a job that would require jockeying of vehicles with wheels off the ground, sheet metal repair or replacement (bodywork), glazing, and all such work which is similar to those enumerated above.

REPAIRS, MINOR

Include, but are not limited to, flats, replacing hoses or belts, radiator service, lights, bulbs, windshield wipers, washing and polishing, tune-ups, the dispensing of motor fuels into vehicles, and all such work which is similar to those enumerated above.

RESEARCH LABORATORIES

Limited to laboratories engaged in scientific investigation, testing or the production of factual information for industrial, commercial or institutional clients. No tangible or physical product for general marketing shall be directly produced therein, and no operation shall be conducted which would generate hazardous waste or by-products.

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 area as an appurtenance.

RESIDENTIAL DENSITY

The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.

RESTAURANT

An establishment in which food or drink is prepared, served and consumed within the principal building or taken out for off-premises consumption, but excluding drive-through service.

RESUBDIVISION

The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine lots by deed or other instrument.

RETAIL SERVICE

Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel, including but not limited to laundry, linen supply, diaper service, beauty and barber shops, shoe repair and nail salons. A retail service establishment may have accessory retail sales but shall not be primarily engaged in retail sales. Funeral home services shall not be considered retail services.[10]

RETAIL TRADE

Establishments engaged in the selling or rental of merchandise (usually to the general public for personal use or household consumption, although they may also serve business and institutional clients) and in rendering services incidental to the sale of such goods. Retail sales establishments include galleries for the display and sale of art but do not include studios, schools, commercial schools or vehicle or boat sales, rental, leasing or service.

RIGHTS OF DISCHARGE

A legally recordable instrument granting to the developer the right to discharge collected waters upon lands exterior to the development.

ROOMER

A person other than a member of a family occupying a part of any dwelling unit who, for a consideration, is furnished sleeping accommodations in such dwelling unit and may be furnished meals as part of this consideration.

ROOMING HOUSE

Any dwelling or part thereof in which space is let by the owner or operator to more than three persons who are not members of the family. Same as "boardinghouse."

SEDIMENT

Any solid material that is in suspension and is being or has been moved by water, ice, wind, and gravity or other means.

SEDIMENTATION

The transport and depositing of sediment.

SEDIMENT BASIN

A barrier or dam built across a waterway or at other suitable locations to retain sediment.

SHOPPING CENTER

Two or more retail commercial establishments located in one building or structure designated as a planned commercial development as defined herein.

SHORT-TERM RENTAL (STR)

The rental for compensation of any dwelling unit rented in whole or in part thereof for the purposes of overnight lodging for a period of less than 30 consecutive days. A short-term rental shall not include an owner-occupied dwelling unit that is leased or subleased for a period of less than 30 consecutive days no more than four times in any twelve-month period.

[Added 8-8-2023 by Ord. No. 2023-08]

SIGHT TRIANGLE

A triangular-shaped portion of land established at intersections in accordance with the requirements of this chapter in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to limit or obstruct sight distance.

SIGN

A name, identification, description, display or illustration which is affixed to or represented directly or indirectly upon a building, structure or piece of land, directing attention to a product, business, service or individual. However, "sign" shall not include a display of official court or public notices or any official traffic control device and shall not include the flag, emblem or insignia of a nation, state, county, municipality or religious group. "Sign" shall not include a sign located completely within an enclosed building except if it is visible and directed to be seen from outside the building. Each display surface of the sign shall be considered to be a single sign, except that where two such surfaces of a sign are physically attached, parallel and separated by less than 12 inches, the two surfaces shall be considered a single sign.

SIGN, ABANDONED

A sign that no longer identifies or advertises an ongoing business, product, location, service, idea, or activity conducted on the premises on which the sign is located. Whether a sign has been abandoned or not shall be determined by the intent of the owner of the sign and shall be governed by applicable state case law and statutory law on abandoned structures.

SIGN ALTERATION

A change in the size or shape of an existing sign. Copy or color change of an existing sign is not an alteration. Changing or replacing a sign face or panel is not an alteration.

SIGN, ANIMATED

A sign employing actual motion, the illusion of motion, or light and/or color changes achieved through mechanical, electrical, or electronic means. Animated signs, which are differentiated from changeable signs as defined and regulated by this chapter, include the following types:

(a) Environmentally activated. Animated signs or devices motivated by wind, thermal changes, or other natural environmental input. Includes spinners, pinwheels, pennant strings, and/or other devices or displays that respond to naturally occurring external motivation.

(b) Mechanically activated. Animated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.

(c) Electrically activated. Animated signs producing the illusion of movement by means of electronic, electrical, or electromechanical input and/or illumination capable of simulating movement through employment of the characteristics of one or both of the classifications noted below:

[1] Flashing. Animated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of nonillumination. For the purposes of this chapter, "flashing" will not be defined as occurring if the cyclical period between on-off phases of illumination exceeds four seconds.

[2] Patterned illusionary movement. Animated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion.

SIGN AREA

The gross area within a single continuous perimeter enclosing the extreme limits of a sign. Such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display unless the structural elements are purposely illuminated to form a part of the display. In the case of an open sign, made up of individual letters, figures or designs, the sign area shall be deemed to include the smallest square, circle, rectangle or triangle that will encompass the extreme limits of the individual letters, figures or designs and any other material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed.

SIGN, AWNING

A sign displayed on or attached flat against the surface or surfaces of an awning.

SIGN, BANNER

A sign utilizing a banner as its display surface.

SIGN, BENCH

A sign applied or affixed to the seat or back of a bench.

SIGN, BUILDING

A sign that is applied or affixed to a building.

SIGN, BUSINESS DIRECTORY

A sign attached to the facade of a building listing the tenants or occupants thereof and their professions or business activities.

[Added 7-7-2022 by Ord. No. 2022-15]

SIGN, CANOPY

A sign affixed to the visible surface(s) of an attached or freestanding canopy. May be internally or externally illuminated. Similar to a marquee sign.

SIGN, CHANGEABLE

A sign with the capability of content change by means of manual or remote input. Includes the following types:

(a) Manually activated. Changeable sign whose message copy or content can be changed manually on a display surface.

(b) Electrically activated. Changeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices, or it may be from an external light source designed to reflect off the changeable component display. See also "electronic message center."

SIGN COPY

The letters, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign, exclusive of numerals identifying a street address only.

SIGN, DIRECTIONAL

Any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic.

SIGN DISSOLVE

See "electronic message center or sign."

[Amended 10-24-2017 by Ord. No. 2017-12]

SIGN, EXTERNALLY ILLUMINATED

See "sign, illuminated."

SIGN, FLASHING

See "sign, animated, electrically activated."

SIGN, FREESTANDING

Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.

[Added 10-24-2017 by Ord. No. 2017-12]

SIGN, GROUND

See "sign, freestanding."

SIGN, ILLUMINATED

A sign characterized by the use of artificial light, either projecting through its surface(s) (internally or trans-illuminated) or reflecting off its surface(s) (externally illuminated).

SIGN, INTERIOR

Any sign placed within a building, but not including window signs as defined by this chapter. Interior signs, with the exception of window signs as defined, are not regulated by this chapter.

SIGN, INTERNALLY ILLUMINATED

See "sign, illuminated."

SIGN, MARQUEE

See "sign, canopy."

SIGN, MULTIPLE-FACED

A sign containing three or more faces.

SIGN, NONCONFORMING

A sign that was legally installed by permit in conformance with all municipal sign regulations and ordinances in effect at the time of its installation, but which may no longer comply with subsequently enacted laws and ordinances having jurisdiction relative to the sign.

SIGN, OFF-PREMISES

See "sign, outdoor advertising." See also "sign, wayfinding."

SIGN, ON-PREMISES

A sign erected, maintained or used in the outdoor environment for the purpose of the display of messages appurtenant to the use of, products sold on, or the sale or lease of the property on which it is displayed.

SIGN, OUTDOOR ADVERTISING

A permanent sign erected, maintained or used in the outdoor environment for the purpose of the display of commercial or noncommercial messages not appurtenant to the use of, products sold on, or the sale or lease of the property on which it is displayed. May also be referenced as an "off-premises sign," "billboard" or "commercial outdoor advertising sign."

SIGN, POLE

See "sign, freestanding."

SIGN, POLITICAL

A temporary sign intended to advance a political statement, cause, or candidate for office.

SIGN, PORTABLE

Any cord-connected sign not permanently attached to the ground and can be removed without the use of tools.

SIGN, PROJECTING

A sign other than a wall sign that is attached to or projects more than 18 inches from a building face or wall or from a structure whose primary purpose is other than the support of a sign.

SIGN, PYLON

See "sign, freestanding."

SIGN, REAL ESTATE

A temporary sign advertising the sale, lease, or rental of the property or premises upon which it is located.

SIGN, REVOLVING

A sign that has the capability to revolve 360° about an axis. See also "sign, animated, mechanically activated."

SIGN, ROOF

A sign mounted on the main roof portion of a building or on the uppermost edge of a parapet wall of a building and which is wholly or partially supported by such building. Signs mounted on mansard facades, pent eaves, and architectural projections such as canopies or marquees shall not be considered to be roof signs.

SIGN, SPECIAL EVENT

A temporary sign pertaining to any civic, patriotic, or special event of general public interest.

SIGN, TEMPORARY

A sign intended to display either commercial or noncommercial messages of a transitory or temporary nature. Portable signs or any signs not permanently embedded in the ground, or not permanently affixed to a building or sign structure that is permanently embedded in the ground, are considered temporary signs.

SIGN, UNDER CANOPY or SIGN, UNDER MARQUEE

A sign attached to the underside of a canopy or marquee.

SIGN, WALL OR FASCIA

A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than 18 inches from the building or structure wall. Also includes signs affixed to architectural projections that project from a building provided the copy area of such sign remains on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to which it is affixed.

SIGN, WAYFINDING

A sign, frequently off premises, specifically designed to provide directional or destination information. See also "sign, off-premises."

SIGN, WINDOW

A sign affixed to the surface of a window with its message intended to be visible to the exterior environment.

SINGLE OWNERSHIP

Ownership by one or more persons in any form of ownership of a lot not adjacent to a lot or lots partially or entirely in the same ownership.

SITE

Any plot or parcel of land or combination of contiguous lots or parcels of land.

SITE PLAN

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 locale 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 that an informed determination may be made by the Boards pursuant to this chapter.

SLOPE

The degree of deviation of a surface from the horizontal, usually expressed in percent or degree.

SOIL

All unconsolidated mineral and organic material of whatever origin that overlies bedrock and which can be readily excavated.

SOIL CONSERVATION DISTRICT

The governmental subdivision of this state which encompasses this municipality, organized in accordance with the provisions of Chapter 24, Title 4, of the New Jersey statutes (N.J.S.A. 4:24-1 et seq.).

SOIL ENGINEER

A professional engineer who is qualified, by education and experience, to practice applied soil mechanics and foundation engineering.

SOIL EROSION AND SEDIMENT CONTROL PLAN

A plan which indicates necessary land treatment measures, including a schedule for installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be at least equivalent to the standards and specifications as adopted by the Somerset-Union Soil Conservation District.

SPECIAL ACCESSORY USES

Those uses, as defined in § 255-38D of this chapter, which are permitted as ancillary to principal permitted uses in the C-3 Zone.

STORMWATER DETENTION

Any storm drainage technique which retards or detains runoff, such as a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells or any combination thereof.

STORY

That portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it.

STORY, ABOVE GRADE

Any story having its finished floor surface entirely above grade, except that a basement shall be considered to be a story above grade where the basement or a portion thereof extends above the adjacent ground area to a height of 3.5 feet or greater as measured from any point of the finished first floor to the lowest finished grade of the ground adjacent to the building.[11]

STORY, HALF

A space under a sloping roof which has the line of intersection of the roof decking and wall face not more than three feet above the top floor level, in which space the possible floor area with a headroom of five feet or less occupies at least 40% of the total area of the story directly beneath. The area shall not be habitable and shall only be accessible from a pull-down-style staircase.

STREAM ENCROACHMENT PERMIT

A permit issued by the New Jersey Department of Environmental Protection under the provisions of N.J.S.A. 58:16A-50 et seq.[12]

STREET

Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway; or which is shown upon a plat heretofore approved pursuant to law; or which is approved by official action as provided by this chapter; or which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a planning board and the grant to such board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.

STREET, LOCAL

A street which is used primarily for access to abutting properties.

STREET, MARGINAL ACCESS

A street which is parallel and adjacent to an arterial street and which provides access to abutting properties and protection from through traffic.

STREET, MINOR

See "street, local."

STREET, PRIMARY ARTERIAL

A street so designated in the duly adopted Cranford Master Plan.

STREET, SECONDARY ARTERIAL

A street so designated in the duly adopted Cranford Master Plan.

STRUCTURE

A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of land or water.[13]

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 to be for agricultural purposes where all resulting parcels are five acres or larger in size; divisions of property by testamentary or intestate provisions; divisions of property upon court order, including but not limited to judgments of foreclosure; conveyances so as to combine 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, all of which are found and certified by the Development Coordinator to conform to the requirements of this chapter and are shown and designated as separate lots, tracts or parcels on the Tax Map or Atlas of the Township. The term "subdivision" shall also include the term "resubdivision."

SURFACE WATER

Water on land surface.

TEMPORARY PROTECTION

Stabilizations of erosive or sediment-producing areas.

TERRACE

A raised horizontal structure or area having the characteristics of a deck or patio but not more than one foot in height.

TOPSOIL

The surface soil and soil material to a depth of six inches tillage, its equivalent in cultivated soil or the original or present A horizon plus B horizon (if in the top six inches), as defined by the National Cooperative Soil Survey of the United States Department of Agriculture, before its removal or displacement for any purposes whatsoever. "Topsoil" shall be capable of supporting vegetables indigenous to the area.

TOWNHOUSE

An attached or semidetached dwelling with two direct means of access from the outside and having separate cooking, sleeping and sanitary facilities and separate facilities for sewerage, heating, water, electric and gas.

TOWNSHIP

The Township of Cranford.

TRACT

Property which is the subject of a development application.

TRAILER

A vehicular chassis or structure designed to be hauled by another vehicle and to carry any structure, object, material, person, animal or thing.

TRANSCRIPT

A typed or printed verbatim record of the proceedings or reproduction thereof.

VARIANCE

Permission to depart from the literal requirements of this chapter.[14]

VEGETATIVE PROTECTION

Stabilization of erosive or sediment-producing areas by covering the soil with permanent or short-term seeding, mulching or sodding.

VEHICLE, MOTOR

A self-propelled device which is licensed as a motor vehicle by the State of New Jersey.

VEHICLE, RECREATIONAL

Vehicular-type portable structures which can be towed, hauled or driven, primarily designed as temporary living accommodations for recreational, camping and travel use, including travel trailers, truck campers, camping trailers and self-powered motor homes.

VEHICULAR SALES AREA

An open area, other than a right-of-way or public parking area, used for display, sale or rental of new or used vehicles in operable condition and where no repair work is done.

VENDING MACHINE

A coin-operated device located outside of a principal building which dispenses various items or products, such as, but not limited to, food, drink, ice, reading materials or toiletries.

VETERINARIAN OFFICE

Establishments primarily engaged in the practice of veterinary medicine, dentistry, or surgery and which are staffed by a veterinarian licensed by the New Jersey Board of Veterinary Medical Examiners.[15]

WATER BODIES

Any natural or artificial collection of water, whether permanent or temporary.

WATER-CARRYING CAPACITY

Ability of a channel or floodway to transport flow as determined by its shape, cross-sectional area, bed slope and coefficient of hydraulic friction.

WATERCOURSE

Any natural or artificial watercourse, stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel, bed and banks, and shall include any area adjacent thereto subject to inundation by reason of overflow or floodwater.

WEB-BASED RETAILERS

Establishments engaged in retailing all types of merchandise using the Internet.

YARD

An open space which lies between the principal or accessory building or buildings and the nearest lot line, unoccupied and unobstructed from the ground upward except as permitted in this chapter.

YARD, FRONT

A space extending the full width of the lot between any building and the front lot line, measured perpendicular to the building at its closest point to the front lot line. Said front yard shall be unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.

YARD, REAR

A space extending across the full width of the lot between the principal building and the rear lot line, measured perpendicular to the building at its closest point to the rear lot line. Said rear yard shall be unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.

YARD, SIDE

A space extending from the front yard to the rear yard between the principal building and the side lot line, measured perpendicular to the side lot line at its closest point to the principal building. Said side yard shall be unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.

YARD, STREET SIDE

On a corner lot, the front yard which the face of a principal building does not front upon.

ZONING PERMIT

A document signed by the Zoning Officer which is required by this chapter 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 this chapter or variance therefrom.

[1] Editor's Note: The following definitions which appeared in this subsection were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II): "appeal"; "area of shallow flooding"; "area of special flood hazard"; "base flood"; "elevated building"; "Flood Insurance Rate Map"; "Flood Insurance Study"; "flood map"; "flood or flooding"; "floodway"; "lowest floor"; "manufactured home"; "manufactured home park or manufactured home subdivision"; "new construction"; "start of construction"; and "substantial improvement." See now Ch. 225, Flood Damage Prevention.

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[4] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[5] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[6] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[7] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[8] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[9] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[10] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[11] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). The definition of "story, attic" which immediately followed this definition was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See the definition of "attic story."

[12] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[13] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[14] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[15] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).