This chapter shall be known as the "Township of Wayne Land Development
Ordinance."
It is the purpose of the Township in adopting this Land Development
Chapter to implement the adopted Master Plan of the Township of Wayne
and exercise to the fullest the powers granted to the Township by
the State of New Jersey to manage land use and development through
zoning, subdivision and site plan regulations, planned development,
soil erosion and sediment control, flood plain regulations, soil removal
and control of fill, environmental protection provisions, historical
preservation and through the police power generally. It is the further
purpose of the Township in adopting this chapter to organize and codify
all such powers of land use management into one comprehensive and
cohesive system which will facilitate administration and minimize
procedural difficulties and technical conflicts inherent in separate
ordinances, while providing maximum protection of the public health,
safety, morals and general welfare in accordance with the provisions
of N.J.S.A. 40:55D-2 et seq., through the full exercise of the land
use management powers available to the Township.
All sections of the Subdivision of Land Ordinance, Soil Erosion
and Sediment Control Ordinance and Zoning Ordinance of the Revised
Ordinances of the Township of Wayne or any other ordinance of the
Township of Wayne which contain provisions contrary to the provisions
of this chapter shall be and are hereby to the extent of such inconsistency
repealed.
If any section, subsection or paragraph of this chapter shall
be declared to be unconstitutional, invalid or inoperative, in whole
or in part, by a court of competent jurisdiction, such section, subsection
or paragraph shall, to the extent that it is not unconstitutional,
invalid or inoperative, remain in full force and effect, and no such
determination shall be deemed to invalidate the remaining sections,
subsections or paragraphs of this chapter.
In the construction of this chapter, the present tense shall
include the future, the singular number shall include the plural,
and the plural the singular. The word "shall" is always mandatory.
The word "may" is permissive. The words "zone" and "district" are
synonymous. The word "used" shall include the words "arranged," "designed,"
or "intended to be used." The term "he" includes "she." Any word or
term not interpreted or defined by this section is to be given its
standard or common meaning. Whenever a term is used in this chapter
which is defined in N.J.S.A. 40:55D-1, et seq., such term shall have
the meaning in the State statute.
[Amended 9-6-2023 by Ord. No. 42-2023; 12-20-2023 by Ord. No. 50-2023]
All capitalized words used in this chapter shall have the meaning
as defined in this chapter. Any words not defined in this chapter
shall have the meaning as defined in the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq. Any words not defined in either this chapter or the
Municipal Land Use Law, shall have the meaning as set forth in "The
Complete Illustrated Book of Development Definitions, Fourth Edition"
by Harvey S. Moscowitz, Carl G. Lindbloom, David Listokin, Richard
Preiss & and Dwight H. Merriam (published by Transaction Publishers,
a Center for Urban Policy Research Book, 2015, as updated from time
to time). The words set forth herein shall be defined as follows:
A building or structure, the use of which is customarily
incidental to that of the main use or building and which is located
on the same lot as that occupied by the main use or building.
A use incidental to and customarily associated with a specific
principal use, located on the same lot therewith.
The construction of a new improvement as part of an existing,
remaining improvement when such new improvement changes the exterior
appearance of any structure or building.
Addition, with respect to § 134-19, Historic Preservation Advisory Committee, means the construction of a new improvement as part of an existing improvement when such new improvement changes the exterior appearance of any landmark.
[Added 7-18-2012 by Ord.
No. 38-2012]
The Township Planner, or designee.
Administrative Officer, with respect to § 134-19, Historic Preservation Advisory Committee, means the person designated by the Administration to handle the administration of building permit applications as referenced in § 134-19.
[1]
[Added 7-18-2012 by Ord.
No. 38-2012]
A person, establishment, or business, whether retail or wholesale,
having more than 25% of its stock in trade, recordings, books, magazines,
periodicals, films, video tapes/cassettes or other audio/visual replaying
technologies or other viewing materials for sale or viewing on or
off the premises, which are distinguished or characterized by their
emphasis on matter depicting, describing or relating to specific sexual
activities or specific anatomical areas as hereinafter defined.
A public or private establishment, including but not limited
to a nightclub, bar, restaurant, club or other commercial establishment
which permits, presents, suffers or allows any of the following:
Adult bookstore, adult motion picture theater, adult entertainment
cabaret.
An enclosed or unenclosed building, structure, or portion
thereof used for presenting materials distinguished or characterized
by an emphasis on matter depicting, describing, or relating to specific
sexual activities or specific anatomical areas as hereinafter defined
for observation by patrons.
Any act which alters or changes a historic landmark or an
improvement within an historic district.
Affecting a Landmark or Historic District, with respect to § 134-9, Historic Preservation Advisory Committee, means any act that alters or changes an historic landmark or an improvement within a historic district.
[Added 7-18-2012 by Ord.
No. 38-2012]
A sales price or rent within the means of a low- or moderate-income
household as defined in N.J.A.C. 5:92-12, Controls on Affordability.
Land uses normally associated with the production of food,
fiber and livestock for sale. For purposes of this ordinance, such
uses shall not include the development of land for the processing
or sale of food and the manufacture of agriculturally related products.
The production principally for the sale to others of plants,
animals or their products, including, but not limited to, forage and
sod crops, grain and feed crops, dairy animals and dairy products;
livestock including dairy and beef cattle, sheep, horses, ponies,
mules and goats; including the breeding and grazing of all such animals;
bees and apiary products; fruits of all kinds including grapes, nuts
and berries; vegetables; nursery, floral, ornamental and greenhouse
products and other commodities as described in the Standard Industrial
Classification for agriculture, forestry, fishing and trapping. Commercial
agriculture shall not include poultry or swine production or animal
feedlot operations.
Any change or rearrangement in the supporting members of
an existing, remaining building, such as bearing walls, columns, beams,
girders or interior partitions, as well as any change in doors or
windows, or any enlargement to or diminution of a building or structure.
Alteration shall not be construed to mean any necessary repairs and
renovation of an existing structure solely for the purpose of the
maintenance and/or the improvement of the appearance. This term shall
include "add-a-level."
Alteration, with respect to § 134-19, Historic Preservation Advisory Committee, means any work done on any existing improvement which: a) is not an addition to that improvement; or b) changes the appearance of the exterior surface of any improvement.
[Added 7-18-2012 by Ord.
No. 38-2012]
An application for development where the request by the applicant
is for a change or modification to a previously approved minor or
major site plan for which no final certificate of occupancy has been
issued by the Wayne Township Construction Official.
[Ord. No. 5-2018 § 1]
An application for development where the request by the applicant
is for a change or modification to a previously approved minor or
major subdivision that has not been perfected by either having deeds
or the Final Plat filed with the Passaic County Register of Deeds
in accordance with the law.
[Ord. No. 5-2018 § 1]
Any device specifically designed for the reception or transmission
or both of microwave radio frequency signals, but not including receivers,
transmitters and transmission lines.
Any combination of antenna support, accessory structures
and buildings, and antennas designed in whole or in part for the reception
and/or transmission of radio frequency energy as a part of a licensed
radio, TV or microwave facility employed for commercial use, including
cellular telephone antennas. Commercial antennas shall include such
services as are employed by nonprofit or religious stations not licensed
under the amateur or CB regulations of the Federal Communications
Commission.
An antenna used exclusively for the reception and transmission
of radio frequency signals by an individual or association licensed
under 47 C.F.R. Part 95 (Citizens Band) of the regulations issued
by the FCC or any amendments, revisions or substitutions resulting
therefrom.
Any mechanical or structural elements whose specific purpose
is to support and maintain an antenna to an elevated point.
A dwelling unit in a building containing three or more families
or households, living independently of each other with each unit containing
one or more dwelling rooms with private bath and kitchen facilities.
Each apartment shall comprise an independent, self-contained dwelling
unit.
A person submitting an application for development.
The application form and all accompanying documents required for approval of a zoning permit, minor or major subdivision, minor or major site plan, planned development, conditional use, or zoning variance (including, without limitation, variances pursuant to N.J.S.A. 40:55D-70c and/or N.J.S.A. 40:55D-70d). With respect to minor or major subdivisions, minor or major site plans, planned developments, conditional uses, and zoning variances, an application for development shall comprise all items, fees and documents required under Article II, Development Administration, Organization and Procedures (Section 134-10, Development Review Fees) and Article VII, Development Application Review Procedures.
[Amended 2-15-2012 by Ord. No. 6-2012]
A plan of tree removal and/or planting approved by the Tree
Officer.
All portions of a lot which will be disturbed by grading
activity during construction measured in square feet and as a percentage
of the total lot area.
A designated AO or VO Zone on a community's Flood Insurance
Rate Map (FIRM) with base flood depths from one (1) to three (3) feet
where a clearly defined channel does not exist, where the path of
flooding is unpredictable and indeterminate and where velocity flow
may be evident.
The land in the flood plain within the Township subject to
a 1% or greater chance of flooding in any given year.
That part of a building that is immediately below and wholly
or partly within the roof framing.
Any building, structure, lot or land used or intended to
be used for the sale of motor vehicle fuels dispensed directly into
motor vehicles; including the sale and installation of lubricants,
tires, batteries and similar accessories; and/or food, beverages,
and other convenience items.
Establishments primarily engaged in furnishing automotive
repair services to the general public.
See Front yard setback, average.
The flood having a one percent chance of being equaled or
exceeded in any given year.
A space having more than one-half of its floor-to-ceiling
height above the average level of the adjoining ground and with a
floor-to-ceiling height of no less than six and one-half feet.
See Habitable Basement.
See Sign, Billboard.
The municipal agency, either Planning Board or Zoning Board
of Adjustment, to which an application for development is submitted.
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or supporting foundation system.
A strip of land which separates multi-family, commercial,
office or industrial type districts from adjoining residential districts
so as to allow adequate screening of view, noise or activity taking
place within these districts from adjoining residences. Within any
such "buffer area," no buildings, structures, driveways, parking or
loading area or other use of the land shall be permitted unless otherwise
provided in this chapter.
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy and having a roof.
Building, with respect to § 134-19, Historic Preservation Advisory Committee, means any structure or extension thereof or addition thereto having a roof supported by such things as columns, posts, piers or walls and extended for the shelter business, housing or enclosing of persons, animals or property.
[Added 7-18-2012 by Ord.
No. 38-2012]
Land areas covered by buildings and other roofed structures.
Building coverage shall be calculated as the ratio of the horizontal
area by which all buildings occupy a lot, as measured by a vertical
plane established by the outside edges of the exterior walls of all
buildings, to the total lot area.
The line that is the required minimum distance from a lot
line that a building may be located.
The diameter of a tree measured 4.5 feet from the ground.
Any building or premises or portions thereof used for washing
automobiles.
Space having 1/2 or more of its floor-to-ceiling height below
the average finished grade of the adjoining ground (an average of
all sides of the structure), where the space may be finished or unfinished
A line midway between and parallel to the two street or property
lines.
A change from a permitted use to another kind of permitted
use.
As defined in Chapter 74, Electric Vehicle Supply/Service Equipment (EVSE) and Make-Ready Spaces, the amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:
[Added 9-21-2022 by Ord. No. 41-2022]
Level 1 operates on a 15 to 20 amp breaker on a 120 volt AC
circuit.
Level 2 operates on a 40 to 100 amp breaker on a 208 or 240
volt AC circuit.
Direct-current fast charger (DCFC) operates on a 60 amp or higher
breaker on a 480 volt or higher three phase circuit with special grounding
equipment. DCFC stations can also be referred to as rapid charging
stations that are typically characterized by industrial grade electrical
outlets that allow for faster recharging of electric vehicles.
Any facility operated for the purpose of providing care and
protection of six (6) or more children during only part of a 24-hour
day. Said facility is primarily custodial, not educational, in function.
The removal of all standing trees on a lot or portion of
a lot.
The New Jersey Council on Affordable Housing (N.J.A.C. 5:94-1.1
et seq.).
Equipment consisting of oil- or gas-fired internal-combustion
engines used to produce electric energy and forms of thermal energy,
such as heat or steam, which are used for public industrial, commercial,
or heating or cooling purposes, through the sequential use of energy.
Any premises, property, or facility involving the sale or
leasing of goods or furnishing of services for sale or profit, including,
but not limited to: (a) banking and other financial institutions;
(b) dining establishment; (c) establishments for providing retail
services; (d) establishments for providing wholesale services; (e)
establishments for recreation and entertainment; (f) office buildings;
(g) transportation, and (h) warehouses.
Pursuant to the "Right to Farm Act" (N.J.S.A. 4:1C-1 et seq.),
(1) a farm management unit of no less than five (5) acres producing
agricultural or horticultural products worth $2,500 or more annually,
and satisfying the eligible criteria for differential property taxation
pursuant to the "Farmland Assessment Act of 1964" P.L.1964, c.48 (C.54:4-23.1
et seq.) or (2) a farm management unit less than five (5) acres, producing
agricultural or horticultural products worth $50,000 or more annually
and otherwise satisfying the eligibility criteria for differential
property taxation pursuant to the "Farmland Assessment Act of 1964"
P.L.1964, c.48 (C.54:4-23.1 et seq.).
A vehicle registered by law as a commercial vehicle.
[Amended 5-20-2020 by Ord. No. 17-2020]
Are those facilities for the common use by the residents
and visitors within a development such as private roads, sidewalks,
open spaces, recreation facilities and parking areas established and
maintained pursuant to the regulation of planned developments as defined
in N.J.S.A. 40:55D-6.
An open space area within or related to a site designated
as a development and designated 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.
Ownership of two or more contiguous parcels of real property
by one person or by two or more persons owning such property in any
form of cotenancy.
Any community residential facility licensed pursuant to P.L.1977,
c.448 (C.30:11B-1 et seq.) providing food, shelter and personal guidance,
under such supervision as required, to not more than 15 developmentally
disabled or mentally ill persons, who require assistance, temporarily
or permanently, in order to live in the community, and shall include,
but not be limited to: group homes, halfway houses, intermediate care
facilities, supervised apartment living arrangements, and hostels.
Such a residence shall not be considered a health care facility within
the meaning of the "Health Care Facilities Planning Act," P.L.1971,
c.136 (C.26:2H-1 et al.). In the case of such a community residence
housing mentally ill persons, such residence shall have been approved
for a purchase of service contract or an affiliation agreement pursuant
to such procedures as shall be established by regulation of the Division
of Mental Health and Hospitals of the Department of Human Services.
As used in this act, "developmentally disabled person" means a person
who is developmentally disabled as defined in Section 2 of P.L.1977,
c.448 (C.30:11B-2), and "mentally ill person" means a person who is
afflicted with a mental illness as defined in N.J.S.A. 30:4-23, 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.
A community residential facility licensed pursuant to P.L.1977,
c.448 (C.30:11B-1 et seq.) providing food, shelter and personal guidance,
under such supervision as required, to not more than 15 persons with
head injuries, who require assistance, temporarily or permanently,
in order to live in the community, and shall include, but not be limited
to: group homes, halfway houses, supervised apartment living arrangements,
and hostels. Such a residence shall not be considered a health care
facility within the meaning of the "Health Care Facilities Planning
Act," P.L.1971, c.136 (C.26:2H-1 et al.).
Any community residential facility operated as a hospice
program providing food, shelter, personal guidance and health care
services, under such supervision as required, to not more than 15
terminally ill persons.
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 (C.30:14-1
et seq.), providing food, shelter, medical care, legal assistance,
personal guidance, and other services to not more than 15 persons
who have been 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.
An application for development shall be considered complete
when all of the following have been submitted to the Administrative
Officer: (1) the required number of duly executed application forms;
(2) the necessary fees as set forth in this chapter; and (3) the required
number of exhibits incorporating all of the necessary details and/or
documents set forth under the provisions of this chapter for the various
types of applications.
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 the zoning regulations and upon the issuance of an
authorization therefor by the municipal agency.
An easement restriction placed on a lot or portion of a lot
or land assuring that said land will remain in its natural state.
No structures shall be permitted to be constructed on or occupy the
area. The area may be used for passive recreation only.
Any site preparation, assembly, erection, repair, alteration
or similar action, but excluding demolition of buildings or structures.
An age-restricted facility consisting of a mix of independent
living units and/or assisted living units defined as either residential
health care facility units or boarding house class C units and related
social, recreational and dining facilities and a health care center
which may include an outpatient clinic, therapy areas, the assisted
living units and the long term care facility. The CCRC shall include
a long term care facility. The CCRC shall include a long term care
facility. The units may be condominiums, cooperatives, an endowment
and monthly service fee facility, or rentals.
Development other than planned development.
A recreational facility, usually restricted to members and
their guests that generally includes a clubhouse, dining and eating
establishments, and recreational facilities such as golf courses,
tennis courts and swimming pools.
[Added 12-20-2023 by Ord. No. 50-2023]
An open, unobstructed space other than a yard. An "outer
court" is one which extends to the street or to the front or rear
yard. An "inner court" is any other court.
Each of the following environmental features and natural
resources:
Slopes of 15% or greater measured over a horizontal distance
of five feet or more.
Lake shore area - The land within 150 feet of the edge of Barbour
Pond, Lionshead Lake, Packanack Lake, Pines Lake, Point View Reservoir
and Pompton Lake.
Pond shore area - The lake within 75 feet of the edge of a lake or pond not identified as a lake in Subsection B above but that is 100 square feet or larger.
Stream corridor - The area encompassing a stream and the land
on both sides within seventy-five (75) feet of the annual mean high
water line.
Shallow depth to bedrock - A distance equal to or less than
three feet between the soil surface and bedrock.
Shallow depth to seasonal high water table - A distance equal
to or less than one (1) foot between the soil surface and the annual
highest ground water level.
Flood plain - Any area classified as floodway, flood fringe,
100 year flood plain, or flood hazard area by the New Jersey Department
of Environmental Protection, the Federal Emergency Management Administration
or the Township of Wayne.
The result of an act by which soil or rock is cut into, excavate,
dug, quarried, uncovered, removed, displaced or relocated.
Calendar days.
The date on which the application is deemed administratively
complete by the Administrative Officer; or is deemed administratively
complete as a function of the Administrative Officer's review of submitted
documents and the Board's granting of all requested checklist waivers
pursuant to N.J.S.A. 40:55D-10.3. If the application is subsequently
determined to be incomplete pursuant to the aforesaid statutory provisions,
then the date of submission as defined herein will refer to the date
on which the submitted documents, previously found to have been incomplete,
are deemed complete by the Administrative Officer pursuant to the
requirements of this definition.
[Added 2-15-2012 by Ord.
No. 6-2012]
Any dismantling, intentional destruction, or removal of buildings
or structures.
Demolition, with respect to § 134-19, Historic Preservation Advisory Committee, means the partial or total razing or destruction of any landmark or of any improvement within an historic district.
[Added 7-15-2012 by Ord.
No. 38-2012]
Any act or process that destroys or removes less than 50%
of the exterior walls of a structure, improvement or object.
The permitted number of dwelling units per gross area of
land to be developed.
The total number of dwelling units existing or permitted
on a housing site divided by the total area of the tract. The result
is expressed as dwelling units per acre.
Permission to depart from the subdivision or site plan design
standards in the ordinance, pursuant to the MLUL, 40:55D-51.
An embankment and associated space for impoundment of water
or, alternatively, the space for impoundment partially or entirely
created by excavation rather than by embankment, in either case designed
to temporarily retain stormwater runoff.
A detention basin or alternative structure designed to temporarily
retain stormwater runoff.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
The division of a parcel of land into two (2) or more parcels:
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any mining, excavation or landfill; and any use or change in the use
of any building or other structure, or land or extension of use of
land, for which permission may be required pursuant to the Municipal
Land Use Law. Also, any man-made change to improved or unimproved
real estate, including but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations located within the state flood plain or an area of special
flood hazard.
A Township permit required for development in a state flood
plain or in an area of special flood hazard issued in accordance with
the provisions of this chapter.
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.
The diameter of a tree measured 12 inches above the ground
level or ball of a tree. Diameter at point of measurement may appear
as the abbreviation "DPM."
Any activity involving the clearing, excavating, storing,
filling or transporting of soil or any other activity which causes
soil to be exposed to the danger of erosion. The area of lot disturbance
shall include all portions of a lot which will be disturbed by grading
activity during construction. In addition, this area shall also include
all proposed impervious coverage, such as buildings, driveways and
patios, even if built on existing grade, and shall also include the
sewage disposal beds if any are existing or proposed. Beyond the impervious
coverage and sewage disposal beds, the area of lot grading shall be
synonymous with the limit of grading.
A channel with or without a supporting ridge on the lower
side constructed across or at the bottom of a slope.
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 means necessary for water supply preservation or prevention or
alleviation of flooding.
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 1 of Title 58 of the Revised Statutes.
A limiting line established by a series of perpendicular
drop points marking the maximum potential radius of the crown of an
existing tree, but not less than six feet from the trunk, whichever
is greater.
A business or establishment engaged in the sale of food,
soft drinks, ice cream and similar confections which are so prepared,
packaged in paper or other types of disposal wrappers or containers,
and served at counters either inside or outside the confines of a
building, or to persons in motor vehicles, so as to be intended for
immediate consumption either within or without the building or in
motor vehicles while parked on the premises.
An accessory use and improvement on a lot which provides
vehicular access from a public street to the principal building or
use or to accessory buildings or uses on the same lot.
One dwelling unit in a line of three or more attached dwelling
units, with each dwelling unit extending from the ground to the roof
and having individual outside access.
One dwelling unit in a line of three or more attached dwelling
units, with each dwelling unit having individual outside access. The
dwellings may be attached horizontally or both horizontally and vertically.
[Added 3-3-2021 by Ord. No. 9-2021]
Means a building containing one dwelling unit and that is
not attached to any other dwelling by any means and is surrounded
by open space or yards.
A building containing three or more separate dwelling units,
including dwelling units that are located one over the other and not
otherwise defined as an attached or duplex dwelling.
A building containing two dwelling units and having one party
wall.
Means one or more rooms, designed, occupied and intended
for occupancy as a separate living quarter, with sleeping rooms, sanitary
facilities and no more than one (1) kitchen provided within the dwelling
unit for the exclusive use of a single family household.
[Amended 3-6-2013 by Ord.
No. 4-2013]
A restriction established in a deed, and/or duly recorded
instrument and/or on a duly recorded or filed map to permit or preclude
the use of land by the public, or by particular persons, corporations
or other legal entities for specified uses.
As defined in Chapter 74, Electric Vehicle Supply/Service Equipment (EVSE) and Make-Ready Spaces, any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.
[Added 9-21-2022 by Ord. No. 41-2022]
As defined in Chapter 74, Electric Vehicle Supply/Service Equipment (EVSE) and Make-Ready Spaces, the equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plugin electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. “EVSE” is synonymous with “electric vehicle charging station.”
[Added 9-21-2022 by Ord. No. 41-2022]
A variable message sign that utilizes a computer or other
electronic controlled means (whether digital, analog, incandescent
lamp LCD, LED or other display technologies) to change and control
a message displayed. EMC does not refer to the internal or external
illumination of the sign, to a directly illuminated sign, or to an
illuminated sign.
A nonbasement building which is built, in the case of a building
in an area of special flood hazard, to have the top of the elevated
floor or, in the case of a building in a coastal high hazard area,
to have the bottom of the lowest horizontal structural member of the
elevated floor elevated above the ground level by means of piling,
columns (post and piers) or shear walls parallel to the flow of the
water and which is adequately anchored so as not to impair the structural
integrity of the building during a flood of up to the magnitude of
the base flood. In an area of special flood hazard, "elevated building"
also includes a building elevated by means of fill or solid foundation
perimeter walls with openings sufficient to facilitate the unimpeded
movement of the floodwaters. In areas of coastal high hazard, "elevated
building" also includes a building otherwise meeting the definition
of "elevated building" even though the lower area is enclosed by means
of breakaway walls.
A deposit of soil, rock or other material.
Any work or action necessary to deliver essential services
including, but not limited to installing, constructing or repairing
water, gas, electricity, telephone, sewer facilities, or public transportation
facilities, removing fallen trees on public rights-of-way, or abating
life-threatening conditions.
Features, natural resources or land characteristics that
are sensitive to improvements and may require conservation measures
or the application of creative development techniques to prevent degradation
of the environment or may require limited development or in certain
instances may preclude development.
The wearing away of the land surface by the action of wind,
water, gravity or ice.
A plan which fully indicates necessary land treatment measures,
including a schedule of the timing for their installation, which will
effectively minimize soil erosion and sedimentation. Such measures
shall be equivalent to or exceed standards adopted by the New Jersey
State Soil Conservation Committee and administered by the Northeast
Jersey Soil Conservation District.
See Cut.
The vertical location of the existing ground surface prior
to cutting or filling.
The total wall surface, including door and window area, of
the side of the building that faces a street. In computing permitted
sign area, only one face of a building may be used as the principal
face, except in the case of a building on a corner lot, which may
have one façade per street frontage.
That plan or proposal which is in a form that may readily
be converted into an ordinance, by which the Township of Wayne proposes
to satisfy its obligation to create a realistic opportunity to meet
its fair share of the low- and moderate-income housing needs of its
region and which details the affirmative measures the Township proposes
to undertake to achieve its fair share of low- and moderate-income
housing as provided in Sections 9 and 14 of the Fair Housing Act.
A group of persons living together as a single housekeeping
unit and using certain rooms and cooking or bathing facilities in
common.
A resident owner or renter occupant who provides family day
care services in his/her single-family residence.
A private residence in which child care services are provided
for a fee to no less than three and no more than five children at
any one time for no less than 15 hours per week. A child being cared
for under the following circumstances is not included in the total
number of children receiving child care services:
The child being cared for is legally related to the provider;
or
Care is being provided as part of an employment agreement between
the family day care provider and an assistant or substitute provider
where no payment for the care is being provided. [Source: Family Day
Care Provider Registration Act, P.L. 1987, c.27 (C.30:5B-16)]
An area of land which is organized as a management unit actively
devoted to agricultural or horticultural use, including, but not limited
to, cropland, pasture, idle or fallow land, woodland, wetlands, farm
ponds, farm roads and land under farm buildings and other enclosures
related to agricultural pursuits, which occupies a minimum of 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 the Farmland Assessment Act of 1964. (C.54:4-23.3
et seq.)
Pursuant to the "Right to Farm Act" (N.J.S.A. 4:1C-1 et seq.),
a parcel or parcels of land, whether contiguous or noncontiguous,
together with agricultural or horticultural buildings, structures
and facilities, producing agricultural or horticultural products,
and operated as a single enterprise.
Pursuant to the "Right to Farm Act" (N.J.S.A. 4:1C-1 et seq.),
a facility used for the wholesale or retail marketing of the agricultural
output of a commercial farm, and products that contribute to farm
income, except that if a farm market is used for retail marketing
at least 51% of the annual gross sales of the retail farm market shall
be generated from sales of agricultural output of the commercial farm,
or at least 51% of the sales area shall be devoted to the sale of
agricultural output of the commercial farm, and except that if a retail
farm market is located on land less than five acres in area, the land
on which the farm market is located shall produce annually agricultural
or horticultural products worth at least $2,500.
A plan which provides for use of farmland, within its capabilities
and treatment, within practical limits, according to chosen use to
prevent deterioration of soil and water resources.
Any application or other request to the Federal Communications
Commission for a license, certificate, waiver, special temporary authorization,
or any other instrument of authorization issued by the FCC pursuant
to Title I and/or Title II of the Communications Act of 1934.
Any application including all attachments, exhibits, appendices,
memoranda, amendments, supplements and comments, correspondence (addressed
to the Commission, individual comments or objections of other parties,
including but not limited to informal objections, petitions to deny,
proposed findings of fact, conclusions of law and briefs on appeal),
initial decisions of administrative law judges, decision of Commission,
notices of appeal, briefs (including other documents on appeal) and
all other matters.
A man-made deposit of soil, rock or other materials.
See Automobile service station.
The official action of the 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, in the case of a subdivision,
guarantees properly posted for their completion or approval conditioned
upon the posting of such guarantees.
The final map of all or a portion of the subdivision which
is presented to the Board for final approval in accordance with the
regulations set forth in this chapter and which if approved shall
be filed with the Clerk of the County for recording in accordance
with law.
The final grade or elevation of the ground surface conforming
to the proposed design.
Means one or more rooms with private bath and kitchen facilities
comprising an independent, self-contained dwelling unit in a building
containing three or more dwelling units.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
waters and/or the unusual and rapid accumulation of runoff of surface
waters from any source.
That portion of the flood hazard area not designated as the
floodway.
The floodway and flood fringe areas of a delineated stream
as determined by the Department of Environmental Protection under
N.J.A.C. 7:13-1 et seq. (Flood Hazard Area Control).
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to the Township.
The official report in which the Federal Insurance Administration
has provided flood profiles, as well as the Flood Hazard Boundary
Floodway Map and the water surface elevation of the base flood.
The relatively flat area adjoining the channel of a natural
stream which has been or may be hereafter covered by flood water.
The channel of a natural stream and portions of the flood
hazard area adjoining the channel which are reasonably required to
carry and discharge the flood water or flood flow of any natural stream.
The gross floor area compared to the total area of the site.
[Amended 5-20-2020 by Ord. No. 17-2020]
Any structure used to house chickens, ducks, geese or other
fowl.
[Added 6-1-2022 by Ord. No. 23-2022]
An area designated by the Department of Environmental Protection
as a freshwater wetland, or in the absence of a DEP designation, areas
meeting the three parameter approach of hydrology, soils and vegetation
enumerated in the April 1, 1987 interim-final draft "Wetland Identification
and Delineation Manual" developed by the United States Environmental
Protection Agency, and any subsequent amendments thereto.
Any street upon which the majority of lots within a block
are fronted or any street so designated by the Municipal Council.
The minimum required front yard setback for an interior lot,
when said interior lot is not adjacent to a corner lot, where the
front yard setback measurement for said lot is the result of an average
of the front yard setbacks of the existing, neighboring principal
buildings within the number of feet specified in the ordinance. Calculation
of average setback can utilize GIS data or other scaled aerial imagery.
[Added 6-19-2013 by Ord.
No. 22-2013; amended 5-20-2020 by Ord. No. 17-2020]
The minimum required front yard setback for a corner lot,
or an interior lot that is adjacent to a corner lot, where the front
yard setback measurement of the front façade of the principal
building is equal to or greater than the front yard setback of the
principal building on the adjacent lot facing the same street. Calculation
of prevailing setback can utilize GIS data or other scaled aerial
imagery.
[Added 6-19-2013 by Ord.
No. 22-2013; amended 5-20-2020 by Ord. No. 17-2020]
Means the minimum required front yard setback for a corner
lot where the front yard setback measurement of the side façade
of the principal building on the corner lot is equal to or greater
than the front yard setback of the principal building on the adjacent
lot that faces the same street as the side façade of the principal
building on the subject premises.
[Added 6-19-2013 by Ord.
No. 22-2013]
A detached accessory building or a portion of a principal
building used primarily for the storage of motor vehicles owned or
used by the occupant of the principal building to which the garage
is an accessory.
[Amended 5-20-2020 by Ord. No. 17-2020]
A garage conducted as a business. The rental of storage space
for one or more commercial vehicle or for two or more pleasure vehicles
or other property not owned by a person or persons residing on the
premises shall be deemed a business use.
A building or facility used for the sale of plants, shrubs,
seed, fertilizers, lawn and garden supplies and related tools and
products primarily intended for domestic use.
A fence which defines the boundary of a garden or planting
bed, designed to protect gardens from animals and installed no more
than three feet in height.
[Added 6-1-2022 by Ord. No. 23-2022]
See Automobile Service Station.
A tract of land laid out for at least nine holes for playing
the game of golf and that may include a clubhouse, dining and snack
bars, pro shop, and practice facilities.
[Added 12-20-2023 by Ord. No. 50-2023]
Any department, commission, independent agency, or instrumentality
of the United States, State of New Jersey, or any county or other
governmental unit.
Includes public parks and playgrounds, public buildings of
a governmental or cultural nature, firehouses, rescue squad buildings,
police stations, and municipal buildings. Firehouses are those structures
in the ownership of or under the jurisdiction of a volunteer fire
company, provided that the structures house municipally-owned firefighting
equipment. Rescue squad buildings are those structures in the ownership
of or under the jurisdiction of the volunteer rescue squad provided
that the structures house municipally-owned rescue equipment.
Any stripping, culling, filling, stockpiling, or any combination
thereof, and shall include the land in its cut or filled condition.
A natural or constructed waterway, usually broad and shallow,
covered with erosion-resistant grasses, used to conduct surface water
from a field diversion or other site feature.
Means the total square footage of all stories of the principal
building, said total to include habitable attic space and habitable
basements, but excluding garages, unenclosed porches, cellars, crawl
spaces, unenclosed decks, breezeways and nonhabitable areas, which
are areas that have no direct walk-in access and that have a ceiling
height of seven (7) feet or less. All measurements shall be inclusive
of the outside walls of the structure.
[Amended 2-15-2012 by Ord. No. 6-2012; Amended 6-19-2013 by Ord. No. 22-2013]
Means the total square footage of all stories of the principal
and accessory structures. Exceptions include cellars used exclusively
for storage and parking garages. All measurements shall be inclusive
of the outside walls of the structure.
[Amended 2-15-2012 by Ord. No. 6-2012; Amended 6-19-2013 by Ord. No. 22-2013]
Attic space that has a permanent, fixed stairway as a means
of access and egress and in which the ceiling at a height greater
than seven feet is one-third (1/3) or more of the floor below, as
measured from the floor to the bottom of the roof ridge beam. Habitable
attic space is served by a heating system and includes, but is not
limited to, space used for living, sleeping, eating or cooking, as
well as bathrooms and toilet rooms. Unheated storage and utility spaces
are not considered habitable attic space.
A space having at least four feet above the average finished
grade of the adjoining ground (an average of all sides of the structure).
Means the vertical distance from the finished grade to the
highest point of the roof structure or the highest point of a sign.
For finished grade, the measurements shall be taken at the centerline
of the length of the building or structure on all four (4) sides,
six (6) feet from the foundation and averaged.
[Amended 3-6-2013 by Ord.
No. 4-2013]
With respect to outdoor energy systems, see "Total height."
An area licensed by the State of New Jersey, designated for
the landing and takeoff of helicopters and used solely for that purpose.
Such area may include passenger and cargo facilities, maintenance
and overhaul facilities, fueling service, storage space, tie-down
spaces, hangars and other accessory buildings.
An area licensed by the State of New Jersey designated for
the occasional landing and takeoff of helicopters but not used solely
for that purpose and lacking any auxiliary facilities such as refueling,
maintenance, repair or hangar facilities. Examples are parking lots,
golf course, parks, recreational athletic field, etc.
An area licensed by the State of New Jersey designated for
the landing and takeoff of helicopters and used solely for that purpose.
Such area shall be limited to the operation of helicopters which are
owned or controlled by the owner or the occupant of the premises or
by guests or patrons of such owner-occupant. Such area shall not include
any refueling, maintenance, repair or hangar facilities, except that
a tie-down area may be provided for and limited to the accommodation
of a single aircraft.
An area licensed by the State of New Jersey designated for
the landing and takeoff of helicopters and used solely for that purpose.
Such area shall be open to use by any helicopter regardless of ownership
and control. Such area may not include any refueling, maintenance,
repair or hangar facilities, except that a tie-down area may be provided
for and limited to a single aircraft.
One or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites.
Historic District, with respect to § 134-19, Historic Preservation Advisory Committee, means a geographically definable area of any size possessing significant concentration, linkage or continuity of sites, building structures and/or objects which, when viewed collectively: a) represents a significant period in the development of the Township; b) has a distinctive character resulting from its architectural style; or c) because of its distinctive character, can readily be viewed as an area or neighborhood distinct from surrounding portions of the Township.
[Added 7-15-2012 by Ord.
No. 38-2012]
Any buildings, structures, sites, objects or districts which
possess integrity of location, design, setting, materials, workmanship
or association and which have been determined to be:
Of particular historic significance to the Township of Wayne
by reflecting or exemplifying the broad cultural, political, economic
or social history of the nation, state or Township;
Associated with historic personages important in national, state
or Township history;
The site of an historic event which had a significant effect
on the development of the nation, state or Township;
An embodiment of the distinctive characteristics of a type,
period or method of architecture or engineering;
Representative of the work of an important builder, designer,
artist or architect;
Significant for containing elements of design, detail, materials
or craftsmanship which represent a significant innovation; or
Able or likely to yield information important in prehistory
or history.
|
Historic Landmarks (or Landmark), with respect to § 134-19, Historic Preservation Advisory Committee, means any buildings, structures, sites, objects or districts that possess integrity of location, design, setting, materials, workmanship or association and that have been determined, pursuant to the terms of § 134-19, to be: a) of particular historic significance to the Township by reflecting or exemplifying the broad cultural, political, economic or social history of the nation, state or Township; b) associated with historic personages important in national, state or Township history; c) the site of an historic event that had a significant effect on the development of the nation, state or Township; d) an embodiment of the distinctive characteristics of a type, period or method of architecture or engineering; e) representative of the work of an important builder, designer, artist or architect; f) significant for containing elements of design, detail, materials or craftsmanship that represent a significant innovation; or g) able or likely to yield information important in prehistory or history.
[Added 7-15-2012 by Ord.
No. 38-2012] |
The body that acts as the Historic Preservation Commission
as cited in the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 et
seq.
[Added 7-15-2012 by Ord.
No. 38-2012]
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.
An occupation carried on in a dwelling unit by a resident
or residents thereof, provided that the use is incidental and secondary
to the use of the residential purpose of the dwelling unit, as provided
in this chapter.
Nonprofit entity created under recorded land agreements pursuant
to the laws of the state of New Jersey and standards of N.J.S.A. 40:55D-43,
in which is vested the use, ownership and responsibility for maintenance
of common property and/or facilities and by operation of which each
lot owner in a described land area is a member and has certain responsibilities.
An institution providing primary health services and medical
or surgical care to persons, primarily inpatients, suffering from
illness, disease, injury, deformity and other abnormal physical or
mental conditions and including, as an integral part of the institution,
related facilities such as laboratories, outpatient facilities or
training facilities. Definition of Hospital does not include “Residential
Treatment Facilities.”
[Amended 9-6-2023 by Ord. No. 42-2023]
A facility providing transient overnight accommodations including
but not limited to hotels, motels, and extended stay residence-style
facilities.
A facility offering transient lodging accommodations to the
general public wherein all sleeping rooms are accessed through an
interior hallway and where additional services, such as restaurants,
meeting rooms, entertainment and recreational facilities, may be provided.
See Place of Worship.
That portion of Wayne Township's Master Plan, consisting
of reports, statements, proposals, maps, diagrams and text, designed
to meet the Township's fair share of its region's present and prospective
housing needs, particularly with regard to low- and moderate-income
housing, as further described and defined by N.J.A.C. 5:92-1.4.
That percentage of the plot or lot area covered by all impervious
surfaces, including, but not limited to, buildings and structures,
parking areas, driveways, tennis courts, patios, decks, pools, walkways
and retention and detention basins. Surfaces such as laid stones,
slate or timber (laid directly on the ground) with open joints shall
constitute 50% of impervious surface coverage. Surfaces such as gravel,
loose stones, special paver stones with voids for grass, and timber
decks with open joints shall constitute 25% of impervious surface
coverage.
Any man-made surface or structure or any part thereof constructed
or installed upon real property by human endeavor and intended to
be kept at the location of such construction or installation for a
period of not less than 120 continuous days.
Improvement, with respect to § 134-19, Historic Preservation Advisory Committee, means any structure or any part thereof constructed or installed upon real property by human endeavor and intended to be kept at the location of such construction or installation for a period of 120 or more continuous days.
[Added 7-15-2012 by Ord.
No. 38-2012]
A housing development in which a substantial percentage of
the housing units is provided for a reasonable income range of low-
and moderate-income households. The term may also mean housing developments
comprised completely of low- and moderate-income units.
An establishment engaged in providing entertainment, not
otherwise prohibited, including, but not limited to, such activities
as video games, rides, sporting activities which may or may not include
the sale of food and beverages.
[Ord. No. 25-2015]
Any activity and its related premises, property, facilities,
or equipment involving the fabrication, manufacture, or production
of durable or nondurable goods.
Any activity conducted in connection with the manufacture,
assembly, disassembly, fabrication or processing of materials, products
or information, all or any part of which is marketed off the premises.
The location or premises used for any industrial operation.
A detention facility designed to infiltrate retained water
to the subsurface and which is not an injection well.
A nonprofit or quasi-public use or institution such as a
library, public or private school, hospital, or nursing home.
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey and, in the case of a civil proceeding in
any court or in an administrative proceeding in any court or in 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
the Municipal Land Use Law or whose right to use, acquire or enjoy
property under the Municipal Land Use Law or under any other law of
this State or of the United States has been denied, violated or infringed
by an action or a failure to act under the Municipal Land Use Law.
A place where waste, discarded or salvaged materials are
bought, sold, exchanged, stored, baled, cleaned, packed, disassembled
or handled, including wrecking yards, used lumber yards, and places
or yards for used or salvaged construction materials and equipment,
as distinguished from pawn shops, establishments for the sale, purchase
or storage of used cars in operable condition, used and usable machinery,
used furniture and household equipment, and the processing of used,
discarded or salvaged materials as an accessory to a manufacturing
operation.
An area used, or designated to be used, for the preparation
of food, as identified by the presence of a stove, a sink and a refrigerator.
[Added 3-6-2013 by Ord.
No. 4-2013; amended 5-20-2020 by Ord. No. 17-2020]
Any ground, soil, or earth including marshes, swamps, drainageways
and areas not permanently covered by water and improvements and fixtures
on, above or below the surface.
The boundary line formed between those areas of a site which
are to be graded and the existing natural topography of the property.
The "limit of grading" shall be synonymous with a no-cut/no-fill line.
A place where members of a local chapter of an association,
fraternal organization, cultural organization or social organization
hold their meetings.
A person other than a member of a family occupying a part
of any dwelling unit who, for a consideration, is furnished living
accommodations in such dwelling unit.
A designated parcel, tract or area of land established by
a duly approved and filed plat or otherwise as permitted by law and
to be used, developed or built upon as a unit.
The area within the boundaries of a lot exclusive of any
area lying within any abutting street right-of-way.
A lot on the junction of and abutting two or more intersecting
streets where the interior angle of the intersection does not exceed
one hundred thirty-five (135) degrees. On a corner lot, there shall
be two (2) front yards, two (2) side yards and no rear yard. The owner
of, or subdivider creating, a corner lot shall specify which street
line shall be deemed the front property line and shall be required,
when requesting a building permit or subdivision, to so specify. Eaves
up to two (2) feet, rainwater leaders, window wells and other such
fixtures, bay windows up to two (2) feet deep and ten (10) feet wide
and open steps with a maximum dimension of four (4) feet shall be
permitted on the side wall of the house that faces the side street.
Stoops, steps, terraces, chimneys and/or balconies, located on the
side wall of the house, extending not more than thirty-six (36) inches
into the required front yard along the side street shall not be construed
as part of the building unless said projections are roofed.
[Amended 10-17-2012 by Ord. No. 48-2012]
The combined ground floor area, expressed as a percentage
of lot area, of all buildings and structures on a lot, measured at
the outside face of the exterior walls excluding roofed porches, balconies
and cantilevered parts of the building above the ground level.
The horizontal distance between the front lot line and a
line drawn parallel to the front lot line through the midpoint of
the rear lot line. In the case of a corner lot, the depth shall be
measured using the so-specified front property line.
The distance between side lot lines measured along the street
line.
A lot other than a corner lot.
A lot whose opposing property lines are not parallel, such
as a pie-shaped lot, or where the side property lines are not parallel
to each other.
See Property Line.
The straight and horizontal distance between side lot lines
measured at the minimum required front building setback line. In the
case of a corner lot, the width shall be measured using the side line
that is perpendicular to the so-specified front property line.
Housing that is affordable according to the United States
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 of the same size
within the housing region in which the housing is located and that
is subject to affordability controls.
Money paid by an individual person, partnership, association,
company or corporation for the improvement of property as permitted
in COAH's rules.
The lowest floor or the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for the
parking of vehicles, building access or storage in an area other than
a basement, is not considered a building's "lowest floor," provided
that such enclosure is not built so to render the structure in violation
of other applicable nonelevation design requirements.
Any security which may be accepted by a municipality for
the maintenance of any improvements required by the Municipal Land
Use Law, including but not limited to cash surety bonds and letters
of credit.
Any site plan not classified as a minor site plan.
Any subdivision not classified as a minor subdivision.
As defined in Chapter 74, Electric Vehicle Supply/Service Equipment (EVSE) and Make-Ready Spaces, the prewiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment, including, but not limited to, Level Two EVSE and direct current fast chargers. Make Ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment on a “plug and play” basis. “Make-Ready” is synonymous with the term “charger ready,” as used in P.L.2019, c.362 (C.48:25-1 et al.).
[Added 9-21-2022 by Ord. No. 41-2022]
A structure, transportable in one (1) or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation, when connected to the required utilities.
For flood plain management purposes, the term "manufactured home"
also includes park trailers, travel trailers and other similar vehicles
placed on a site for greater than one hundred eighty (180) consecutive
days. For insurance purposes, the term "manufactured home" does not
include park trailers, travel trailers and other similar vehicles.
A parcel or contiguous parcels of land divided into two (2)
or more manufactured home lots for rent or sale.
An establishment where, for any form of consideration, massage,
alcohol rub, fomentation, electric or magnetic treatment or similar
treatment or manipulation of the human body is administered by an
individual who is not a medical practitioner, chiropractor, acupuncturist,
physical therapist or similar professional person licensed by the
State. This definition does not include an athletic club, health club,
school, gymnasium, reducing salon, spa or similar establishment where
massage or similar manipulation of the human body is offered as an
incidental or accessory service (provided by a New Jersey State licensed
practitioner).
A composite of one (1) or more written or graphic proposals
for the development of the municipality as set forth in and adopted
pursuant to the Municipal Land Use Law.
The maximum amount of a lot measured in square feet and as
a percentage of total lot size which is allowed to be disturbed or
graded.
An establishment from which a licensed medical professional
and their staff provide outpatient medical services including checkups,
diagnosis, consultation, treatment, and other services that are customarily
and typically provided in doctor and dentist offices. Medical offices
shall not include hospitals, nursing homes, convalescent homes, rehabilitation
centers, or in-patient medical services involving overnight stays,
nor shall they include establishments providing group-based counseling
for substance abuse or addiction.
[Added 9-6-2023 by Ord. No. 42-2023]
See Site plan, minor.
See Subdivision, minor.
Housing that is affordable according to the United States
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
of the same size within the housing region in which the housing is
located and that is subject to affordability controls.
An application for development for a tract that has received
Board approval but for which no Certificate of Occupancy has been
issued. In the case of a project for which no such Certificate would
be issued, modification to prior approval shall mean an application
for development for a tract that has received Board approval but for
which not all signatures from the appropriate inspecting Departments
have been secured, which would have indicated compliance with all
Board conditions.
An establishment providing transient accommodations containing
25 or more rooms with at least 25% of all rooms having direct access
to the outside without the necessity of passing through the main lobby
of the building.
Any vehicle that is propelled or drawn on land by an engine
or motor.
A sound dissipative device or system for abating the sound
of escaping gasses of an internal combustion engine.
The application of plant residue or other suitable materials
on the soil surface to conserve moisture, hold soil in place and aid
in establishing plant cover.
The Municipal Planning Board, Board of Adjustment or Municipal
Council when acting pursuant to this chapter.
Refers to Chapter 291, Laws of New Jersey 1975, as amended.
Any use by the Township of Wayne of any property owned, leased
or loaned to it.
The ground surface in its original state before any grading,
excavation or filling.
Any sounds of such level and duration as to be or tend to
be injurious to human health or welfare, or which would unreasonably
interfere with the enjoyment of life or property, pursuant to New
Jersey State statute.
Any sound that (a) endangers the safety or health of any
person; or (b) disturbs a reasonable person of normal sensitivities,
or (c) endangers personal or real property.
A lot the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of the Zoning Ordinance,
but fails to conform to the requirements of the zoning district in
which it is located by reason of such adoption, revision or amendment.
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of the Zoning
Ordinance, but which fails to conform to the requirements of the zoning
district in which it is located by reasons of such adoption, revision
or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of the Zoning Ordinance, but which fails to
conform to the requirements of the zoning district in which it is
located by reasons of such adoption, revision or amendment.
Pollution from any source other than from any discernible,
confined and discrete conveyances, and includes, but is not limited
to, pollutants from agricultural, sivicultural, mining, construction,
subsurface disposal and urban runoff sources.
The following zoning districts: B, HC, RR, OB-L, OR, I, WTZ-C,
OS/GU and MLID districts.
A thing of functional, aesthetic, cultural, historical or
scientific value that may be, by nature or design, movable yet related
to a specific setting or environment.
Object, with respect to § 134-19, Historic Preservation Advisory Committee, means a thing of functional, aesthetic, cultural, historical or scientific value that may be, by nature or design, movable yet related to a specific setting or environment.
[Added 7-15-2012 by Ord.
No. 38-2012]
A map adopted in accordance with N.J.S.A. 40:55D-32 et seq.
or any prior act authorizing such adoption. Such a map shall be deemed
to be conclusive with respect to the location and width of the streets
and public drainageways and the location and extent of flood control
basins and public areas shown thereon.
Located outside the lot lines of the lot in question but
within the property of which the lot is a part, which is the subject
of a development application or contiguous portion of a street or
right-of-way.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
A porch or landing with a roof, and said porch or landing
not exceeding seven feet in depth and having no side wall other than
the wall of the structure to which it is attached.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings/structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
The accessory display and sale of products and services outside of the building or structure in which the principal retail establishment is conducted, which may include but is not limited to vehicles, garden supplies, food and beverage service pursuant to Chapter 149, boats, aircraft, farm equipment, burial monuments, building and landscape materials and lumber.
See Outdoor furnace.
Also known as outdoor hydronic heaters, or outdoor fired
boilers, means structures or fuel burning devices designed to burn
wood or other approved solid, liquid or gaseous fuels in an outdoor
installation which, heats building space and/or water via the distribution,
typically through pipes, of a fluid heated in the device, typically
water or a water/antifreeze mixture including a wood or approved solid,
liquid or gaseous fuel fired water-jacketed stove that provides heat
and/or hot water to new or existing stoves.
See Outdoor Furnace.
The keeping of any good(s), junk, object(s), material(s),
equipment, merchandise or vehicles outside of buildings or structures.
[Amended 5-20-2020 by Ord. No. 17-2020]
With respect to outdoor energy systems, the individual or
entity that intends to own and operate the small wind energy system
in accordance with this ordinance.
An open area other than a public or private road, street
or way used for the parking of motor vehicles and which contains access
drives, aisles and parking spaces, and may include lighting, landscaping
and direction signs.
A space either outdoors or enclosed within a building or
structure and used for off-street motor vehicle parking.
A theater which presents material in the form of live shows,
films or videotapes, or other audio/visual replaying technologies,
viewed from an individual enclosure, for which a fee is charged, depicting,
describing or relating to specific sexual activities or specific anatomical
areas for observation by patrons.
Any security which may be accepted by the Township, including,
but not limited to, surety bonds, letters of credit in accordance
with N.J.S.A. 40:55D-53.5 and cash, provided that the Township shall
not require more than ten percent (10%) of the total "performance
guarantee" in cash.
A certificate issued to authorize work to be performed under
this chapter.
Any person to whom a permit is issued in accordance with
this chapter.
Any individual, corporation, company, association, society,
firm, partnership, joint stock company, the state or any political
subdivision, agency or instrumentality of the state.
A person who has sustained an injury, illness or traumatic
changes to the skull, the brain contents or its coverings which results
in a temporary or permanent physiobiological decrease of mental, cognitive,
behavioral, social or physical functioning which causes partial or
total disability.
A structure used to house pigeons.
[Added 6-1-2022 by Ord. No. 23-2022]
A building or buildings where persons regularly assemble
for religious purposes and related social events and which building
or buildings is/are maintained and controlled by a legally established
religious body organized to sustain religious ceremonies and purposes
together with all accessory buildings and uses customarily associated
with such primary purpose.
Planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development, all as more fully defined by N.J.S.A. 40:55D-6.
A map or maps of a subdivision or site plan.
The plat of all or a portion of the development prepared
and submitted to the approving authority for final approval in accordance
with this chapter. "Final plat" shall also include and be synonymous
with the term "final site plan."
The plat prepared and submitted to the approving authority
as a part of the application for preliminary approval in accordance
with this chapter. "Preliminary plat" shall also include and be synonymous
with the term "preliminary site plan."
The plat prepared and submitted to the approving authority
for purposes of classification and discussion in accordance with this
chapter.
Land consisting of two or more contiguous lots or tracts
shown on the records of Passaic County and under the same ownership.
A water-filled enclosure, permanently constructed or portable
and for which any permit is required by the codes administered by
the Wayne Township Building Department, having a depth of more than
18 inches below the level of the surrounding land, or an above-surface
pool having a depth of more than 30 inches. The term "pool" shall
include "swimming pool," and "hot tub," but shall not include fish
ponds.
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46,
48 and 49 of the Municipal Land Use Law prior to final approval after
specific elements of a development plan have been agreed upon by the
Planning Board or Zoning Board of Adjustment and the applicant.
See Front yard setback, prevailing.
The primary or predominant use of any lot. A principal building
or structure is one devoted to the principal use.
An open space (land area) within a development site lot or
part of a lot within a development, which area shall be left in its
natural state and may be used for passive recreation only.
A duly organized school, other than a public school or a
parochial school, giving regular instructions, in subjects ordinarily
taught in public schools, at least five days a week for eight or more
months a year. A child care center shall not be deemed a "private
school."
A line of record bounding a lot that divides one lot from
another lot or from a public or private street or any other public
space. Also known as a lot line.
The line separating a lot from a street line.
The property line opposite and most distant from the front
property line. The rear property line of a triangular or otherwise
irregular lot shall be a line entirely within the lot, at least ten
(10) feet in length and parallel to and most distant from the front
property line. In the case of a corner lot, said lines shall be considered
side property lines, pursuant to the definition for Lot, corner.
Any property line other than a front or rear property line.
(1) public parks, playgrounds, trails, paths and other recreational
areas; (2) other public open space; (3) publically-owned scenic and
historic sites; and (4) sites for public schools and other public
buildings and structures.
Any street, avenue, boulevard, road, highway, sidewalk, alley
that is leased, owned and accepted by a governmental entity.
A closely regulated enterprise with a franchise for providing
to the public a utility service deemed necessary for the public health,
safety and welfare.
Buildings, structures and facilities including generating
and switching stations, poles, lines, pipes, pumping stations, and
all building and structures relating to the furnishing of public utility
services such as electric, gas, telephone, water, sewer and public
transit.
An open excavation where the works are visible at the surface;
a place or pit where stone, slate, marble, etc. is dug out or separated
from a mass of rock.
The replenishment of underground water reserves.
A recreation facility operated as a business and open to
the public for a fee.
A recreation facility operated by a nonprofit organization
and open only to bona fide members and guests of such nonprofit organization.
A recreation facility open to the general public.
Recreational uses customarily considered accessory to a single-
or two-family residential use, such as, but not necessarily limited
to, pools, tennis courts, etc.
Any work done on any improvement which:
Is not an addition to the improvement; and
Does not change the appearance of the exterior surface.
|
Repair, with respect to § 134-19, Historic Preservation Advisory Committee, means any work done on any improvement which: a) is not an addition to the improvement; and b) does not change the appearance of the exterior surface.
[Added 7-15-2012 by Ord.
No. 38-2012] |
Repairs when a building permit is required for same.
Replacement, with respect to § 134-19, Historic Preservation Advisory Committee, means repairs when a building permit is required for same.
[Added 7-18-2012 by Ord.
No. 38-2012]
A nursery-grown certified tree, properly balled, marked with
a durable label indicating genus, species and variety, and satisfying
the standards established for nursery stock and installation thereof,
as set forth by the American Association of Nurserymen.
A facility and the lands thereon used for the short- or long-term
treatment of psychiatric disorders or victims of alcohol or drug use
or addiction, which may either be in-patient clinics providing care,
meals, and lodging, or outpatient clinic, where treatment is provided
but meals and lodging is not.
[Added 9-6-2023 by Ord. No. 42-2023]
The following zoning districts: R-45, R-30, R-15, R-10, RBC,
RL, GA, SCH, PUD, WTZ-R, AADD and AH districts.
[Amended 2-15-2012 by Ord. No. 6-2012]
With respect to § 134-19, Historic Preservation Advisory Committee, classified as either key, contributing or noncontributing, which are defined as: a) key means any buildings, structures, sites or objects when, due to their significance, would individually qualify for landmark status; b) contributing means any buildings, structures, sites or objects that are integral components of the historic district either because they date from a time period for which the district is significant or because they represent an architectural type, period or method for which the district is significant; c) noncontributing means any buildings, structures, sites or objects that are not integral components of the historic district because they neither date from a time period for which the district is significant nor represent an architectural type, period or method for which the district is significant; d) site means the place where a significant event or pattern of events occurred. It may be the location of prehistoric or historic occupations or activities that may be marked by physical remains; or it may be the symbolic focus of a significant event or pattern of events that may not have been actively occupied. A site may also be the location of a ruined building, structure or object if the location itself possess historic, cultural or archaeological significance.
[Added 7-15-2012 by Ord.
No. 38-2012]
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 existing lots by deed or other instrument.
A commercial enterprise that provides goods and/or services
directly to the consumer, where such goods and/or services are available
for immediate purchase; except as may be specifically prohibited.
Establishments providing services or entertainment, as opposed
to products, to the general public for personal use including eating
places; hotels; finance, real estate and insurance places; personal
service places; motion picture places; amusement and recreation services;
health, educational and social service places; museums and galleries,
except as may be specifically prohibited.
The cross sectional dimension of the circle swept by the
rotating blades of a wind-powered energy generator.
Any apparatus with a flat or parabolic surface which is designed
for the purpose of receiving television, radio, microwave, satellite
or similar electronic signs. A "satellite dish" is deemed to be an
accessory structure.
See Front yard setback, secondary.
Solid material, both mineral and organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
A barrier or dam built across a water way or at other suitable
locations to retain rock, sand, gravel, silt or other material.
The removal of larger trees on an individual basis while
leaving trees of lesser size.
The percentage of housing units devoted to low- and moderate-income
households within an inclusionary development.
The shortest distance from the property line to the nearest
part of the applicable building, structure or sign.
A group of commercial establishments planned, constructed,
and managed as a total entity, with customer and employee parking
provided on-site, provision for goods delivery separated from customer
access, aesthetic considerations and protection from the elements,
and landscaping and signage in accordance with an approved plan.
Any object, device, display or structure or part thereof,
situated outdoors or indoors, which is used to advertise, identify,
display, direct or attract attention to an object, person, institution,
organization, business, product, service, event or location by any
means, including words, letters, figures, design, symbols, fixtures,
colors, illumination or projected images.
Displaying images in a dynamic way, as in television or movies.
The square footage of a sign as computed in accordance with
the requirements of this chapter.
A sign included on an awning permanently attached directly
to a building or structure.
[Added 5-20-2020 by Ord. No. 17-2020]
An area of a commercial building located between the tops and
bottoms of windows/doors on adjacent floors or above the tops of windows
and doors on the top floor of a building;
A fueling station canopy; or
A sign band, as identified on architectural plans approved as
part of site plan review.
[Added 4-20-2022 by Ord. No. 16-2022]
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered at a location
other than the lot on which the sign is located.
A variable message sign, or portion of a sign, composed of
individual letters that are panel-mounted in or on a track system
and where the copy is changed manually, not by means of an electric
device or source or by electronically controlled means.
An off-premises sign, which indicates direction to a permitted
use. Temporary signs giving direction to activities and events as
enumerated in this chapter, and on-premises signs, as regulated herein,
directing and controlling traffic shall also be considered directional
signs.
Any sign designed to give forth any artificial light directly
(or through any transparent or translucent material) from a source
of light connected with such sign.
Any sign attached to, painted upon or erected against the
wall or facade of a building or structure and not extending more than
six (6) inches from the building face or façade of the structure.
[Amended 4-20-2022 by Ord. No. 16-2022]
An illuminated sign in which the artificial light is intermittent
or is not maintained in a stationary position or constant intensity.
Any immovable sign not affixed to a building. See also Sign,
Pole, Pylon or Sign, Ground.
Any sign, other than a pole sign, placed upon or supported
by the ground independent of any other structure.
Any sign lighted by an exterior or interior artificial light
source.
A sign illuminated with a light so shielded that no direct
rays therefrom are visible elsewhere than on the lot where such illumination
occurs. If such illumination is thus visible, such sign shall be deemed
to be a directly illuminated sign.
A sign that is mounted on a freestanding pole or other support
so that the bottom edge of the sign face is six (6) feet or more above
grade.
A temporary sign announcing or supporting candidates in connection
with any national, State, county or local election.
Sign announcing political or policy issues.
A sign that is not permanent, affixed to a building, structure
or the ground.
A sign or plate indicating the name of the property or occupants.
A sign erected above or on the roof of a building.
A sign on which the letters or images move across the sign.
See Sign, façade.
A sign maintained in or painted upon a window which is clearly
visible from the exterior of a structure through a window.
The management of any wooded tract of land to ensure its
continued survival and welfare, whether for commercial or noncommercial
purposes, pursuant to a plan approved by the New Jersey Bureau of
Forestry.
The ownership by one or more persons in any form of ownership
of a lot or lots partially or entirely in the same ownership.
Any plot or parcel of land or combination of contiguous lots
or parcels of land.
The nonresidential or multi-family development plan for one
or more lots on which is shown the existing and proposed conditions
of the lot including, but not limited to: topography, vegetation,
drainage, flood plains, marshes and waterways, open spaces, walkways,
means of ingress and egress, utility services, landscaping, structures
and signs, lighting, screening devices, and any other information
that reasonably may be required in order that an informed decision
can be made by the approving authority.
Any site plan not classified as a minor site plan.
Means an application for non-residential development limited to (1) interior renovations of an existing building if said renovations effect parking; or, (2) the construction of any permitted accessory structure; or, (3) the erection of non-conforming free-standing signs; or, (4) the installation of accessory off-street parking areas that are not defined as a Major Development pursuant to N.J.A.C. 7:8-1.2 (Stormwater Management rules); or, (5) other accessory uses specifically permitted in this Chapter 134, Land Development, or, (6) the improvement of existing outside site facilities without expansion of said facilities.
[Amended 2-15-2012 by Ord. No. 6-2012; Ord. No. 39-2014]
The degree of deviation of a surface from the horizontal
usually expressed in percent or degree.
A wind energy system, as defined herein, that (a) is used
to generate electricity; (b) has a nameplate capacity of 100 kilowatts
or less.
All unconsolidated mineral and organic material of any origin
that overlies bedrock and which can be readily excavated.
A governmental subdivision of this state, which encompasses
this Township, organized in accordance with the provisions of N.J.S.A.
4:241 et seq.
A plan which fully indicates necessary land treatment measures
including a schedule of timing for their installation, which will
effectively minimize soil erosion and sedimentation. Such measures
shall be at least equivalent to the standards specified herein.
The sound pressure level measured in decibels with a sound
level meter set for A-weighting; sound level is expressed in dBA.
An instrument used to measure sound level and conforms to
Type 1 or Type 2 standards as specified by ANSI specification S1.4-1971.
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial
improvement and means the date the building permit was issued, provided
that the actual start of construction, repair, reconstruction, placement
or other improvement was within 180 days of the permit date. The "actual
start" means either the first placement of permanent construction
of a structure on a site such as the pouring of a slab or footings,
the installation of piles, the construction of columns or any work
beyond the stage of excavation; or the placement of a manufactured
home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling nor does it include
the installation of streets and/or walkways; nor does it include the
installation on the property of accessory buildings, such as garages
or sheds not occupied as dwelling units or not part of the main structure.
An intermodal container (also known as a container, freight
container, ISO container, shipping container, hi-cube container, box,
sea container) that is a standardized reusable steel box designed
for the shipping of freight.
[Ord. No. 20-2015; amended 5-20-2020 by Ord. No. 17-2020]
Flow on the surface of the ground, resulting from precipitation.
That portion of a building or structure included between
the surface of any one (1) floor and the surface of the next level
above it or, if there is no level above such floor, then "story" shall
be that portion of the building or structure included between the
surface of any floor and the ceiling next above it. A basement shall
be considered as a story where the finished surface of the floor above
the basement is more than four feet above the finished grade for 50%
or more of the total building perimeter.
[Amended 2-15-2012 by Ord. No. 6-2012]
A space under a sloping roof that has the line of intersection
of the roof and wall face not more than three (3) feet above the floor
level of such story.
Any blue line body of water shown on United States Geological
Survey maps, and any tributary with a drainage basin of 10 acres or
greater.
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley, or other way which is an existing state, county, or municipal
roadway, or a street or way shown upon a plat heretofore approved
pursuant to law, or approved by official action, or a street or way
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
adoption of an ordinance to grant such board the power to review plats;
and 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.
The right-of-way line of a street, road or other public thoroughfare,
publicly or privately owned, as shown on records of Passaic County
or as otherwise legally established.
A commercial use or uses usually contained in one structure
having a linear orientation which is approximately parallel to a roadway(s).
The majority of the off-street parking is located between the commercial
structure and the road way.
Any activity which removes or significantly disturbs the
vegetative surface cover including clearing and grubbing operations.
Means a combination of materials to form a construction for
occupancy, use or ornamentation whether installed on, above or below
the surface of a parcel of land. The term "structure" shall not include
driveways, swingsets, playsets, treehouses, freestanding barbecues,
freestanding chimineas, temporary tents or similar uses.
[Ord. No. 39-2014 § 1]
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; 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 planning and development regulations and
are shown and designated as separate lots, tracts or parcels on the
Tax Map of the Township of Wayne. The term "subdivision" shall also
include the term "resubdivision."
Any subdivision not classified as a minor subdivision.
Any subdivision of land for the creation and/or resubdivision
of three lots or fewer, provided that such subdivision does not involve
(1) a planned development, (2) any new street or (3) the extension
of any off-tract improvement, the cost of which is to be prorated
pursuant to Section 30, P.L. 1975, c. 291, or a subdivision for any
land which has been subdivided as a minor subdivision within 48 months
immediately preceding the subdivision application.
[Amended 2-15-2012 by Ord. No. 6-2012]
Any repair, reconstruction or improvement of a structure,
the cost of said repair, reconstruction or improvement equaling or
exceeding 50% of the market value of the structure either before the
improvement or repair is started or, if the structure has been damaged
and is being restored, before the damage occurred. For the purpose
of this definition, "substantial improvement" is considered to occur
when the first alteration of any wall, ceiling, floor or other structural
part of the building commences, whether or not that alteration affects
the external dimensions of the structures. The term does not, however,
include either: (1) any project for improvement of a structure to
comply with existing state or local health, sanitary or safety code
specifications which are solely necessary to assure safe living conditions;
or (2) any alteration of a structure listed on the National Register
of Historic Places or a State Inventory of Historic Places.
Stabilization of erosive or sediment producing areas.
The removal of undesirable, competitive, diseased or damaged
trees so as to cultivate and improve the development of remaining
trees on the lot.
In relation to a wind energy system, the vertical distance
from the ground to the tip of a wind generator blade when the tip
is at its highest point.
With respect to outdoor energy systems, a monopole.
See Dwelling, Attached.
As prepared by a New Jersey licensed court reporter, a typed
or printed verbatim record of proceedings or a reproduction thereof.
A New Jersey State Certified Tree Expert, or other person
with equivalent expert knowledge of trees, appointed by the Mayor.
Vertical axis wind turbine which utilizes vertical panels
as opposed to horizontal propellers.
Stabilization of erosive or sediment producing areas by covering
the soil with: (1) permanent seeding, producing long-term vegetative
cover; (2) short-term seeding producing temporary vegetative cover;
or (3) sodding, producing areas covered with a turf of perennial sodforming
grass.
Permission to depart from the requirements of this chapter
with respect to the submission of required documents set forth on
duly adopted checklists.
A building used primarily for the storage of goods and materials
by the owner or operated for a specific commercial establishment or
group of establishments in a particular industrial or economic field.
Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, waterway, gully, ravine, rill 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 over flow or flood water.
A wind generator 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. For the purposes of this chapter, "wind energy
system" refers only to those systems that are outdoors
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.
A space that lies between the principal or accessory building
or buildings and the nearest lot line.
A space unoccupied by a structure or structures, extending
across the full width of any lot (side property line to side property
line) and lying between the front property line and the closest points
of the two extreme front corners of the front façade of any
principal building thereon. In the case of a corner lot where the
front of the house faces one street, it shall mean a space unoccupied
by a structure or structures, extending across the full frontages
of the lot and lying between the front property line and the closest
points of the two (2) extreme front corners of the front façade
and the two extreme corners of the side façade of any principal
building thereon. In the case of a corner lot where the front of the
principal structure sits catty-corner to the intersecting streets
creating the corner lot, it shall mean a space unoccupied by a structure
or structures, extending across the full frontages of the lot and
lying between the front property lines and the back corners of the
principal building thereon.
An open, unoccupied space, except for permitted accessory
structures, extending across the full width of any lot between the
closest points of the two extreme rear corners of any principal building
thereon and the rear property line of said lot, except in the case
of a corner lot, there shall be two front yards and two side yards.
Stoops, steps, terraces, chimneys or balconies extending not more
than 36 inches into the required yard shall not be construed as part
of the building unless said projections are roofed. Corner lots have
no rear yard (See definition of Lot, Corner).
Any yard not considered a rear or front yard. Stoops, steps,
terraces, chimneys or balconies extending not more than 36 inches
into the required yard shall not be construed as part of the building
unless said projections are roofed. Eaves up to two feet, rainwater
leaders, window wells and other such fixture, bay windows up to two
feet deep and 10 feet wide and open steps with a maximum dimension
of four feet shall be permitted in any required side yard.
[1]
Editor's Note: The former definition of "administrator," which
immediately followed this definition, was repealed 5-20-2020 by Ord. No. 17-2020.
