Conference/Public Meeting Agendas/Documents — Packet

used in ordinance Motor vehicle shall mean and include all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks and motorized bicycles. Motor vehicle fueling station shall mean a building or other structure or premises used for the retail dispensing or sales of vehicular fuels, including the retail sales of oil, grease, anti-freeze, tires, batteries, and automobile accessories. Motor vehicle service or repair station shall mean a repair shop for motor vehicles including major repairs and clearly accessory services, including the retail dispensing or sales of vehicular fuels, but not including spray booths for painting of vehicles. Multi-family development or multi-family residential shall mean a building containing three (3) or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a group of such buildings. Municipal Land Use Law shall mean Chapter 291 of the Public Laws of New Jersey, 1975 codified at N.J.S.A. 40:55-1 et seq. and its amendments. Natural open space shall mean any area that is designated as such will be left free from any construction, roads, or developed recreational use. The area will be maintained by the property owner with trees, shrubs, and other fill in planting and paths. Sewer and water line easements may cross this designated "Natural Area." Nonconforming lot or preexisting nonconforming lot shall mean a lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment. 18

DRAFT PROPOSED REVISIONS – OCTOBER 2011 Nonconforming structure or preexisting nonconforming structure shall mean a structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment. Nonconforming use or preexisting nonconforming use shall mean a use or activity which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment. Nursing home and/or long-term care residential healthcare facility shall mean a facility, licensed by the Department of Health of the State of New Jersey as a facility, to provide health care under medical supervision and continuous nursing supervision and nursing home level care for twenty-four (24) or more consecutive hours to two (2) or more residents who are not related to the governing authority by marriage, blood, or adoption. The residents require continuous nursing care and services above the level of room and board because of their physical condition. Nursing home-level care shall mean care provided to individuals who have chronic medical condition(s) required by the New Jersey Department of Health for the operation of a long term health care facility. Obstruction signs shall mean signs of any type that obstruct driving vision, traffic signals, traffic, directional and identification signs, other places of business or other signs. Obstruction is to be determined by the line of sight for three hundred (300) feet, from a height of four (4) to ten (10) feet, oriented from the stop line of any intersection of streets and/or driveways. "Obstructing signs" are specifically prohibited by this chapter. Comment [PG24]: term not used in ordinance Official County Map shall mean the map, with changes and additions thereto adopted and established, from time to time by resolution of the Board of Chosen Freeholders of Essex County pursuant to N.J.S.A. 40:27-5 and its amendments. Off-site sign shall mean a sign which is located on a lot other than that to which it refers. (See Billboard) Open front store shall mean a retail business establishment

A. 40:27-5 and its amendments. Off-site sign shall mean a sign which is located on a lot other than that to which it refers. (See Billboard) Open front store shall mean a retail business establishment arranged and designed to permit the making of sales through the windows or doors of the building to persons. Comment [PG25]: term not used in ordinance Open- space shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such area may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land. Outdoor cafe shall mean an outdoor designated area that is located on the property of an existing restaurant, bar or retail store food establishment or on the public sidewalk or the right-of-way immediately adjacent to the property of an existing restaurant, bar or retail store food establishment and where food and beverages that are normally offered to the public inside the restaurant, bar or retail storefood establishment are offered and served to the public in the designated outdoor area. Outdoor sale shall mean any temporary out of doors display by a merchant, on a public sidewalk and contiguous to the merchant's place of business, of goods, merchandise, wares, produce, vegetables, baked goods, food or food stuffs with the intention to sell or dispose of or offer to vend, sell, dispose of or display goods, merchandise, wares, produce, vegetables, food or food stuffs. It shall include "sidewalk sales," "bargain sales," or any other occasional sales held wholly or partly out of doors by any person, business, merchant, group, firm, club, 19

DRAFT PROPOSED REVISIONS – OCTOBER 2011 charitable organization or institution in a commercial or business zone. It is not intended to include what are commonly known as carnivals, parades, street fairs and the like. Outdoor seasonal sale shall mean a temporary out of doors display of seasonal items with the intention to sell such items. Park or parking shall mean the standing or waiting on a street, road or highway of a vehicle not actually engaged in receiving or discharging passengers or merchandise, unless in obedience to traffic regulations or traffic signs or signals. Parking area shall mean an open area other than a street, public way or access driveway, but including aisles that serve parking spaces, used for the parking of motor vehicles and available for use whether for a fee or privilege for clients, customers, suppliers, residents or employees. Parking space shall mean an off-street space available for the parking of one (1) motor vehicle within a public or private parking facility. which shall have an area of not less than one hundred eighty (180) square feet exclusive of access drives or aisles and shall be either nine (9) feet by twenty (20) feet or (10) feet by eighteen (18) feet in dimension measured perpendicular to the axis of the length with adequate provision for ingress and egress to all parking spaces. Parking stalls designated for handicapped shall have the dimensions of twelve (12) feet by twenty (20) feet. Up to twenty (20%) percent of the required parking spaces may be designed for compact cars, eight (8) feet by seventeen (17) feet if approved by the Planning Board or Zoning Board. Comment [PG26]: regulations moved to parking and loading requirements section Personal service store or studio shall mean an establishment primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. Pickup truck shall mean a truck or other motor vehicle with an open back designed, used or maintained primarily for the regular transportation of property or delivery of services. Planned development shall mean Planned Unit Residential Development or Residential Cluster. Planned unit residential development shall mean an area with a specified

f property or delivery of services. Planned development shall mean Planned Unit Residential Development or Residential Cluster. Planned unit residential development shall mean an area with a specified minimum contiguous acreage of twenty (20) acres or more to be developed as a single entity according to a plan containing one (1) or more residential clusters, which may include appropriate public or quasi-public uses all primarily for the benefit of the residential development. The maximum allowable residential density shall be four (4) six (6) units per acre, exclusive of buffer area which is to be determined by the Planning Board. Each development may contain a variety of housing types including but not limited to single family structures, town housetownhouses, garden apartments and multiple family dwellings, which the second and third choice each shall be at least fifteen (15%) percent of the total units constructed. Planning Board shall mean the Municipal Planning Board established pursuant to Section 25-46. Pole trailer shall mean every vehicle without motiveor power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads, such as poles, pipes, or structural members, capable, generally, of sustaining themselves as beams between the supporting connections. Portable storage container shall mean any container, storage unit or portable structure (commonly known as PODS) designed to be used on a temporary basis and without a foundation for the purpose of storing tangible property and not for occupancy by persons. Principal sign shall man any sign which is used to identify the place of business and primary service or type merchandise sold on the premises. The address, phone number, and name of 20

DRAFT PROPOSED REVISIONS – OCTOBER 2011 the proprietor may be displayed. As all "off-site signs" or "billboards" are prohibited, all commercial signs allowed in the Township must be principal signs. Principal use shall mean the primary use and chief purpose of a lot or structure. Private club shall mean a nonprofit or public building and related facilities owned or operated by a corporation, association or group of individuals established for the fraternal, social, educational, recreational or cultural enrichment of its members, which is not conducted as a business, and whose members pay dues and meet certain prescribed qualifications for membership, Private recreation facility shall mean a recreation court and/or related structures provided as an accessory use on the same lot as a residence and designed to be used by the occupants of the residence and their guests. Private swimming pool shall mean a water-filled enclosure having a depth of more than eighteen (18) inches below the level of the level of the surrounding land, or an above-surface pool, having a depth of more than 30 inches, designed, used and maintained for swimming by the occupants of the residence and their guests. Professional office building shall mean a building which is used solely for professional offices, which shall include the office or studio of a physician, dentist, optometrist, optician, chiropractor, lawyer, professional engineer, land surveyor, registered architect or teacher and similar licensed professionals. Professional office does not include the purchase or sale of goods, dance instructions, band instrument or voice instructor in groups, tea rooms, beauty parlors, hairdressing and manicuring establishments, convalescent homes or mortuary establishments. Public area shall mean (1) public parks, playgrounds, trails, paths and other recreational areas; (2) other public open spaces; (3) scenic and historic sites; and (4) sites for schools and other public buildings and structures. Public drainage way shall mean the land reserved or dedicated for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and

gical as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical and to lessen nonpoint pollution. Public open space shall mean an open space area conveyed or otherwise dedicated to the municipality, a municipal agency, the Board of Education, State or County Agency, or other public body for recreational or conservation uses. Public utility building or structure shall mean a building or structure necessary for the furnishing of utility services, such as electric, gas, telephone, water and sewer, to the public. Reconstruction shall mean the act or process of reproducing by new construction the exact form and detail of a vanished building, structure or object or part thereof as it appeared when the structure was originally constructed. Recreation vehicle shall mean any motor vehicle primarily designed and used as a travel trailer, camper, camping trailer, motor home or tent trailer and any boat, snowmobile, jet-ski, off-road motorcycle, vehicle intended for the purpose of racing and/or their respective trailer(s). Recycling area shall mean space allocated for collection and storage of source separated recyclable materials. Rehabilitation shall mean the act or process of returning the exterior of a property to a state of utility which makes possible an efficient contemporary use while preserving those features 21

DRAFT PROPOSED REVISIONS – OCTOBER 2011 of the building to reflect the original historical, architectural, and cultural value of the building. Residential cluster or cluster development shall mean an area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance. Each development shall contain an area of a minimum of ten (10) contiguous acres and a maximum allowable residential density of four (4) units per acre. All residential housing units within each development shall be limited to single family detached and town housetownhouse structures. Residential health care shall mean a facility which furnishes food and shelter to four (4) or more persons who are unrelated to the owner or administrator and which provides any personal care or service beyond food, shelter, and laundry. It serves as a substitute for the residents' own home by providing in addition such services, equipment and safety features required for safe and adequate care of residents at all times. In such facilities, the patients' rooms shall not contain kitchens or kitchenettes. A registered nurse must be available at all times and nursing care must be provided to residents as required by State regulations. Comment [PG27]: addressed by other regulations Restaurant shall mean a public establishment which serves food and drink primarily or exclusively for consumption on the premises and is not a “fast food restaurant” establishment as defined in this chapter. 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. Restoration shall mean the act or process or accurately recovering the form and detail of the exterior of a property and its setting as it appeared at a particular period and time by means of removal of later work or by replacement of missing earlier work. Resubdivision shall mean (1) 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 (2) 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

ed or recorded according to law; or (2) 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. Retail food establishment store shall mean an establishment engaged in the selling or rental of merchandise (usually to the general public for personal use or household consumption, although they may also serve business and institutional clients) and in rendering services incidental to the sale of such goods.any restaurant, luncheonette, sandwich shop, tavern, bar, cocktail lounge or any similar place in which food or drink is prepared for retail sale to the public on the premises. Comment [PG28]: term not used in ordinance Road tractor shall mean every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry and load thereon either independently or any part of the weight of a vehicle or load so drawn. Roof sign shall mean any sign erected, constructed, or maintained wholly upon or over the roof of any building with the principal support on the roof structure. School shall mean any building or part thereof that is designed, constructed or used for education or instruction in any branch of knowledge. 1. Business or vocational school shall mean a secondary or higher education or training establishment primarily teaching usable skills that prepares students for jobs in a business or trade and meeting state requirements as a business or vocational facility. 2. Private school shall mean any school that meets state requirements for elementary or secondary education and which does not secure the major part of its funding from any governmental agency. 22

DRAFT PROPOSED REVISIONS – OCTOBER 2011 3. Public school shall mean any school that meets state requirements for elementary or secondary education and which secures the major part of its funding from any governmental agency. Security enclosures shall mean any rolling, solid, swinging, sliding or accordioan-type enclosure, solid or not solid, closing vertically or horizontally, installed as a theft prevention measure on any non-residential building or storefront opening; this does not include garage doors. Self-storage facility shall mean a building containing separate, individual and private storage spaces available for lease or rent for varying periods of time. Semitrailer shall mean every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some apart of its weight and that of its load rests upon or is carried by another vehicle. Senior Citizens Housing Project shall mean any Senior Citizens Housing Project, financed by the U.S. Department of Housing and Urban Development under Section 202 program for Housing for the Elderly with Supportive Service and the applicable Interim Regulations published in the Federal Register, dated June 12, 1991, 24 CFR Part 889, is deemed a Permitted Use subject to the provisions of this chapter in the R-2 zone only. Separate buildings shall mean if two (2) or more buildings are connected by exterior passageways, plazas or sub-surface passageways, they shall be considered separate buildings. Sign shall mean any structure, letter, word, numeral, figure, design, trademark, flag, banner, canopy, pennant, insignia or any announcement, declaration, demonstration, display, or other device device for visual communication which is used to direct, identify, inform, advertise, attract attention to or promote the interest of any person, place, activity, institution, organization, business or product when the same is placed in view of the general public. Sign, awning or canopy shall mean a sign which is attached to or printed upon the farthest extended edge of the material. Sign, changeable shall mean a sign with the capability of content change by means of manual or remote input. 1. Manually activated changeable sign shall mean a changeable sign whose message copy or