Conference/Public Meeting Agendas/Documents — Packet

XXV, subsection 25-3.2(a) of the Revised General Ordinances of the Township of West Orange, is hereby amended to change the zone of Block 152.07, Lots 1 and 2 from O-R to B-1. Comment [PG4]: unnecessary to list all changes b. District boundary lines follow the center lines of streets and similar rights-of-way, or lot lines, unless a specified dimension on the Zoning Map indicates otherwise. c. In case of uncertainty as to the true location of a district boundary line, the determination shall be made by the Zoning Officer. An appeal may also be taken to the Zoning Board as provided in N.J.S.A. 40:55D-70. d. Any use not specifically permitted in a zoning district established by this chapter is hereby expressly prohibited from that district. (Ord. No. 904-88 § 25-3.2; Ord. No. 923-88; Ord. No. 924-88; Ord. No. 939-88; Ord. No. 953-89; Ord. No. 998-90; Ord. No. 1144-92; Ord. No. 1234-93; Ord. No. 1244-94; Ord. No. 1337-95 § 2; Ord. No. 1338-95 § 1; Ord. No. 1348-95 § 1; Ord. No. 1385-96 §1; Ord. No. 1399-96 § 1; Ord. No. 1422-96; Ord. No. 1628-99 § 1; Ord. No. 1629-99 § 1; Ord. No. 1630-99 § 1; Ord. No. 1631- 99, § 1; Ord. No. 1632-99 § 1; Ord. No. 1633-99 § 1; Ord. No. 1643-99 § 1; Ord. No. 1689-00 § 1; Ord. No. 1695-00 § 1; Ord. No. 1864-03 § II; Ord. No. 1928-04 § 1; Ord. No. 1929-04 § 1; Ord. No. 1930-04 § 1; Ord. No. 1934-04 § 2; Ord. No. 2079-06 § 1) 1 Numbering per Ordinances 2279-10 and 2283-10, both of which include a new subsection 25-3.2a30. 8

DRAFT PROPOSED REVISIONS – OCTOBER 2011 25-4 DEFINITIONS. a. Meaning of Certain Terms. 1. The word "use" and the word "used" refer to any purpose for which a lot or land or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use; and to any purpose for which a building or structure or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use, or erected, reconstructed, altered, enlarged, moved or rebuilt with the intention or design of using the same. 2. The term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action. 3. Any word or term not defined in this chapter or the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-3–40:55D-7, shall be used with a meaning of standard usage for the context in which the word is used. b. Specific Definitions. Accessory building or structure shall mean a subordinate building or structure on the same lot with a main building or portion of the main building, occupied or devoted exclusively to a permitted accessory use. Where an accessory building is attached to a main building in a substantial manner by a wall or roof, such accessory building shall be considered part of the main building. Accessory use shall mean use naturally and normally incident and subordinate to the principal use of the premises or lot. The following uses are not accessory uses and are prohibited: 1. The storage or constant outdoor parking for more than twenty (20) days of any inoperable motor vehicle in any zone. Comment [PG5]: addressed elsewhere in ordinance 2. The dismantling, assembly or repair of a vehicle other than one belonging to a member of the resident household in any Residential Zoning District and any Nonresidential Zoning District where such use is not permitted. 32. The outdoor storage of motor vehicle parts or accessories in any Residential Zone. 43. An airport, aircraft

onresidential Zoning District where such use is not permitted. 32. The outdoor storage of motor vehicle parts or accessories in any Residential Zone. 43. An airport, aircraft landing strip, or heliport in any Zoning District. 4. Outdoor bins for the collection of used clothing, shoes, household items or other goods. Administrative officer for purposes of this chapter shall mean the Director of Planning and Development. Alteration of building or structure shall mean a change in the supporting members of a building or structure; an addition, diminution, or the moving of a building from one (1) location to another. Antenna shall mean any device specifically designed for the reception or transmission or both of radio frequency signals, but not including receivers, transmitters and transmission lines. 1. Antenna support shall mean any mechanical or structural elements whose specific purpose is to support and maintain an antenna at an elevated point. 2. Commercial antennas shall mean 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. 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, but shall not include wireless telecommunications antennas. 9

DRAFT PROPOSED REVISIONS – OCTOBER 2011 3. Height. The height of any antenna shall be measured from the mean grade of the surrounding terrain to a radius of fifty (50) feet and up to and including the highest point of the antenna or antenna support whichever is more elevated. Height shall be measured from mean grade ground level regardless of whether or not the antenna support is mounted on an existing structure or extends to ground level. 4. FCC Application shall mean and include 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. 5. FCC filing shall mean and include 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. 6. Personal Communications Antenna shall mean 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 thereof. 7. Radiating element shall mean the part of an antenna which is connected to the transmission line and directly radiates electromagnetic energy into space. 8. Wireless telecommunications antenna shall mean a type of antenna that is used specifically for the purpose of providing wireless telecommunications services. 9. Wireless telecommunications services shall mean the offering of personal wireless telecommunications, as regulated in the Federal Telecommunications Act of 1996, for a fee directly to the public, or to such classes of users as to be effectively available directly to the public. Wireless telecommunications services include those services such

of 1996, for a fee directly to the public, or to such classes of users as to be effectively available directly to the public. Wireless telecommunications services include those services such as cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging and similar services that currently exist or may be developed in the future. Apartment hotel shall mean an apartment house in which meals are furnished to residents only. Apartment house shall mean a building arranged, intended or designed to be occupied by three (3) or more families living independently of each other. Comment [PG6]: outdated terms Applicant shall mean an individual, partnership, corporate or other legal entity, submitting an application for development. Application for development shall mean the application form and all accompanying documents required by ordinance for approval of subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36 of the Municipal Land Use Law. As built drawings shall mean a site plan, building plans and elevations of the site and building or structure, drawn by a New Jersey licensed land surveyor, New Jersey licensed engineer, or a New Jersey licensed architect, whoever is appropriate, which depicts the project as it is built and indicates all the deviations, if any, from the approved site plan and the resolution memorializing the approval of the Planning Board or the Zoning Board. The deviations must be listed in a box on each sheet where such deviations occur. The "as built" 10

DRAFT PROPOSED REVISIONS – OCTOBER 2011 drawings shall indicate all structures and all site improvements, including but not limited to, signs, curbs, utilities, sewers, parking areas, landscaping and lighting. Assisted living shall mean a facility which is licensed by the Department of HealthState of New Jersey, as an Assisted Living Facility, to provide apartment style housing and congregate dining and to assure that assisted living services are available when needed, for four (4) or more adult persons unrelated to the proprietor. Apartment units offer at a minimum, one (1) furnished room, a private bathroom, a kitchenette without a stove, and a lockable door on the unit entrance. A registered nurse must be on call at all times. Awning or canopy shall mean a roof-like cover generally made of cloth, canvas or similar material that projects from the wall of a building for the purpose of shielding a doorway or window and which may be retractable rooflike covering, entirely supported by the building to which it is attached, fabricated from a watertight material. Awning or canopy sign shall mean a sign which is attached to or printed upon the farthest extended edge of the material. Bar shall mean a place of business duly licensed by the Alcoholic Beverages Control Board for the sale and on-premises consumption of alcoholic beverages by the drink as the principal or primary use, whether or not food service is also provided. For the purposes of this chapter, a “bar” shall also be deemed a “restaurant” only if food is prepared, served and consumed on the premises. Basement shall mean that portion of a building, which is partly below and partly above grade, and having at leastmore than one-half (1/2) its height above grade. Bedroom shall mean any separate room other than a living room, dining room, kitchen or bathroom. Board of Adjustment — see Zoning Board of Adjustmentshall mean the Board established pursuant to N.J.S.A. 40:55D-69 and Section 25-47 as amended and supplemented. Boarding house shall mean any dwelling unit in any zoning district in which any room is offered for rent or lease. Comment [PG7]: use not permitted Buffer strip shall mean an area located adjacent to a property line which shall be suitably landscaped and planted to provide an attractive year-round visual and physical

ent [PG7]: use not permitted Buffer strip shall mean an area located adjacent to a property line which shall be suitably landscaped and planted to provide an attractive year-round visual and physical separation between the buildings and uses on the property and adjoining lots and streets. Building shall mean a combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof. Building ground coverage shall mean the horizontal area of the ground floor of the all buildings, measured between exterior faces of foundation walls, but excluding the area of unroofed porches and terraces. Billboard shall mean a nonconforming sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location or locations other than the premises on which the sign is located. Canopy shall mean a non-retractable structure that permanently projects from the wall of a building, to shield a doorway, window or sidewalk, generally made of rigid building materials and supported by a metal frame. Car wash shall mean a building or premises used for the washing of automobiles. Cell antenna — see wireless telecommunications antenna. Cellar shall mean that portion of a building, which is partly or completely below grade or having at least one-half (1/2) its height below grade. 11

DRAFT PROPOSED REVISIONS – OCTOBER 2011 Central Business District shall mean the area located within the boundaries of the Central Business District as shown on the Township’s Zoning Map. Check cashing service facility shall mean a business or service, other than a State or Federal regulated or chartered bank, savings bank, savings and loan institution, credit union or other financial institution which has as its primary, secondary or accessory purpose the honoring or cashing of checks, drafts or money orders for a fee or other remuneration. Combination sign shall mean any sign which combines the characteristics of two (2) or more types of signs, including roof, projecting, and ground signs. Comment [PG8]: term not used in ordinance Commercial recreation shall mean a building, group of buildings or outdoor facilities used for recreational purposes and operated as a business and open to the public for a fee, including skating and roller rinks, indoor batting cages, indoor play areas, sports fields, recreation centers, and indoor swimming pools or tennis courts. Commercial vehicle shall mean any motor vehicle, truck, pickup truck or van licensed, designated for use or used for commercial purposes on the streets and highways of New Jersey such as the providing and delivery of goods, wares, merchandise and services. Common open space shall mean an open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development. Common ownership shall mean ownership of two (2) or more contiguous parcels of real property by one (1) person or by two (2) or more persons owning the property jointly as tenants by the entirety, joint tenants or tenants in common. Conditional use shall mean 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 ordinance; and upon the issuance of an authorization therefor by the Planning Board. Congregate care shall mean housing which is specially designed multi-unit housing

ch use as contained in the zoning ordinance; and upon the issuance of an authorization therefor by the Planning Board. Congregate care shall mean housing which is specially designed multi-unit housing for independent to semi-independent people including community social and dining facilities. Individual living units include at a minimum, a living room/bedroom, bathroom, and kitchenette. These facilities must offer at least one (1) hot meal per day to each occupant and some housekeeping services within each unit. Construction equipment shall mean machinery or equipment used in the building, construction or excavating industries such as a backhoe or bulldozer. Construction official shall mean the Construction Official is also the Building Inspector and the Zoning Officer. Comment [PG9]: superfluous Continuous nursing coverage shall mean nursing services as required by the New Jersey Department of Health for the operation of a long term health care facility. Conventional development shall mean development other than planned development. Corner lot shall mean a lot at the junction of, and having frontage on, two (2) or more intersecting streets, or a lot bounded on two (2) or more sides by the same street. The front door of the structure determines the front and rear yard setbacks and street address. County Master Plan shall mean a composite of the master plan for the physical development of Essex County, together with the accompanying maps, plats, charts and descriptive and 12

DRAFT PROPOSED REVISIONS – OCTOBER 2011 explanatory matter adopted by the Essex County Planning Board pursuant to N.J.S.A. 40:27- 2 and N.J.S.A. 40:27-4. County Planning Board shall mean the Essex County Planning Board. Days shall mean calendar days. Density shall mean the permitted number of dwelling units per gross acre of land to be developed. Developer shall mean 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. Development shall mean 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 this chapter or the Municipal Land Use law. Development regulations shall mean a zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other municipal regulation of the use and development of land or amendment thereto adopted and filed pursuant to the Municipal Land Use Law. Display surface shall mean the total area made available, by the sign structure or otherwise, upon, against, or through which the message of the sign is exhibited. Dormitory shall mean any building owned and operated by an accredited institution of higher education that provides a housing facility for its students. A dormitory shall be located on the same lot as the institution of higher learning and said lot shall not be less than three hundred (300) acres. Comment [PG10]: use not permitted Drainage shall mean 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 , to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the during and after