Public Township Council Meeting — Packet

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

er 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 construction or development by any means necessary for water supply preservation or prevention or alleviation of flooding. Drive-in restaurant shall mean a business or establishment engaged in the sale of food, soft drinks, ice cream and similar confections which are prepared, packaged in paper or other types of disposable 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. Comment [PG11]: term not used in ordinance Dwelling shall mean a structure, or any part of a structure, arranged, intended or designed to be occupied as a residence. Dwelling, one-family shall mean a building containing one (1) dwelling unit. Dwelling, two-family shall mean a building containing two (2) dwelling units. Dwelling unit shall mean any single unit providing living facilities for one (1) or more persons including facilities for living, sleeping, eating, cooking, and sanitation. Electrical sign shall mean any sign which has characters, letters, figures, designs, facts, backgrounds, or outlines illuminated by incandescent or fluorescent lamps or luminous tubes as part of the sign proper, these light sources being external or internal. Comment [PG12]: term not used in ordinance 13

DRAFT PROPOSED REVISIONS – OCTOBER 2011 Environmental Commission shall mean the West Orange Environmental Commission established by Section 2-19 of the Revised General Ordinance of the Township of West Orange as amended and supplemented. Erect shall mean to build, construct, attach, place, suspend, or affix and shall also include the painting of wall signs and the painting of signs or displays on the exterior surface of a building, structure, or natural surface. Facade shall mean the front, side and rear building planes visible from adjoining streets, sidewalks and parking areas. Family shall mean any number of persons related by blood, marriage, legal adoption or foster children living together, including live-in servants, as a single not for profit housekeeping unit and using certain rooms and cooking facilities in common; or, a group of not more than four (4) persons not necessarily related in the manner aforesaid living together as a single, not for profit housekeeping unit. Comment [PG13]: term not used in ordinance Fast food restaurants shall mean the retail sale of ready-to-eat foods and beverages for on and/or off premises consumption, whenever the foods and beverages are available upon a short waiting time, and orders are placed by the customer at a counter, and primarily served in or on disposable wrappers, containers or plates, and where there is a seating capacity of more than fifteen (15) individuals. This does not include restaurants which have "take-out" as accessory to a traditional restaurant. Flat bed truck shall mean an open back truck designed primarily for the transportation or removal of motor vehicles temporarily or permanently incapable of being operated on the street or highway. Floor area shall mean the area of all floors computed by measuring the inside dimension of the outside walls in a building, excluding the floors of the following: crawl spaces, cellars, porches, breezeways, patios, terraces, garages, and carports. The floor area of a second floor room or attic shall be included if the ceiling height is at least seven (7) feet, notwithstanding that the room or attic has minor ceiling slopes, provided that these walls are at least five (5) feet in height. Functional sign shall mean direction, information, or public service signs, such as

ing that the room or attic has minor ceiling slopes, provided that these walls are at least five (5) feet in height. Functional sign shall mean direction, information, or public service signs, such as signs advertising locations of rest rooms, telephone, or similar facilities of public convenience; and signs located on mechanical dispensing equipment that identify its product. Garage, private shall mean an accessory building or portion of a building housing motor vehicles strictly for the benefit of the resident. Garage, public shall mean a building or part thereof, housing motor vehicles, subject to the payment of rent or charges, and which may include a motor vehicle service or repair station and gasoline filling station facilities and other clearly accessory services. Comment [PG14]: term not used in ordinance Garden apartment shall mean an multi-family residenceapartment house not to exceed three (3) stories in which not more than four (4) families are served by two (2) entrances and all the livable space for each apartment is on one (1) floor or level. Gasoline filling station shall mean a building or other structure or premises where gasoline, stored only in underground tanks, is dispensed, sold or offered for sale directly to users of motor vehicles; where the washing of automobiles (only where no chain conveyor, blower, steam cleaner or other mechanical device is employed) and the dispensing of oil, grease, anti- freeze, tires, batteries, and automobile accessories directly to users of motor vehicles are carried on as accessory uses; and where major repairs including but not limited to engines, and other mechanical repairs, upholstery work, auto glass work, vehicle body repair, painting, welding, tire recapping and auto dismantling are expressly prohibited. Comment [PG15]: replaced by motor vehicle fueling station 14

DRAFT PROPOSED REVISIONS – OCTOBER 2011 "Go-Go" entertainment business shall mean restaurants, private clubs, snack bars, night clubs, juice bars and businesses of a similar nature, whether serving alcoholic beverages on the premises or not, which include dancing and/or dancing exhibitions by male and/or female entertainers, commonly referred to as "go-go entertainment." Gross floor area shall mean the total area of a building, expressed in square feet, and derived by measuring the outside perimeter of the walls at each and every floor or level, including each story at floor level, the basement or any area below grade if the ceiling is higher than six (6) feet. There shall be no deduction made for hall areas, staircases or elevator areas, closets, storage areas, utility rooms, bathrooms, conference rooms, or reception areas. Guest house shall mean an accessory building maintained by a business entity solely for use by its employees and guests. Comment [PG16]: term not used in ordinance Height of a building shall mean the vertical distance measured from the mean elevation of the finished grade adjacent to the building foundation to the highest point of the roof the measurement from its highest elevation to the lowest elevation of the land immediately adjacent to that building. The elevation of the land shall be determined by the topography. See Figure 1. Heliport shall mean an area, either at ground level or on a structure, licensed by the federal government or an appropriate state agency and approved for the loading, landing and takeoff of helicopters and including auxiliary facilities, such as parking, waiting room, fueling and maintenance equipment. Helistop shall mean a heliport but without auxiliary facilities, such as parking, waiting room, fueling and maintenance equipment. Home occupation shall mean any lawful activity

ities, such as parking, waiting room, fueling and maintenance equipment. Home occupation shall mean any lawful activity not Figure 1: Height of Building otherwise prohibited by this chapter performed in a legal owner-occupied one-family residence, including without limitation, consulting, telemarketing, dressmaking, manicuring, craft making or drafting. Home cooking for commercial purposes is not permitted. Home professional office shall mean the use of a single family residence owned and occupied by a person also for his or her professional office where clients or patients are seen in his or her practice of any one of medicine or a related health care profession, law, dentistry, architecture, engineering, psychiatry, psychology, chiropractics, actuary science, physical therapy, certified social work, or accounting. The following conditions must be met: 1. The home must be located on one of the following streets or roadways: Pleasant Valley Way, Mount Pleasant Avenue, State Highway 10, Northfield Avenue, Main Street, Prospect Avenue, Gregory Avenue, Old Short Hills Road, Eagle Rock Avenue, Park Avenue, Washington Street, Harrison Avenue, Valley Road or South Valley Road. 2. The professional use must be located on the entry level, and shall not occupy (i) more than fifty (50%) percent of the entry level and (ii) shall not exceed one thousand (1,000) square feet. 3. A site plan indicating the part of the premises, with square footage, to be used shall be submitted to the Technical Review Committee of the Planning Board for approval. A Certificate of Continued Occupancy, or Certificate of Occupancy, shall be required. Amended site plan approval and a new Certificate shall be required for any change of the profession practiced on the premises. 15

DRAFT PROPOSED REVISIONS – OCTOBER 2011 4. The applicant shall submit evidence that he or she has the degree, certificate or license of the profession for which the premises are to be used. 5. Not more than three (3) people, including the resident of the home and staff, can work in the professional activity on the premises. 6. A sufficient number of spaces shall be provided for off-street parking for residents of the home and staff personnel. 7. A name plate, not exceeding one (1) square foot in area, may be used after obtaining a sign permit from the Planning Department. No interior illuminated lighting in the sign shall be permitted; and only the name of the professional and the profession shall appear on the sign which shall be within the property lines not more than five (5) feet high, and shall be located within the property lines of the site. No signs shall be posted in windows. 8. If a home is located on a corner lot, and one of the adjacent streets is listed in paragraph 1, a home professional office, otherwise subject to the requirements of this ordinance is permitted. 9. All presently existing home professional offices must register with the Township Zoning Officer no later than January 1, 1999 and also pay to the Township a one (1) time registration fee of one hundred ($100.00) dollars. Comment [PG17]: conditions moved elsewhere in ordinance Hotel or motel shall mean any building or part thereof or group of buildings containing more than six (6) guest rooms or dwelling units which are used, intended or designed to be rented, let or hired out for compensation by automobile tourists or other transient guests, whether such compensation be paid directly or indirectly. This shall include motels, motor hotels, motor lodges or similar accommodationsa facility offering transient lodging accommodations Comment [PG18]: outdated definition to the general public and which may include additional facilities and services, such as restaurants, meeting rooms, entertainment, personal services and recreational facilities. House of worship shall mean an institution such as a church, synagogue, temple, mosque or other facility that is used for the assembly of persons of similar

sonal services and recreational facilities. House of worship shall mean an institution such as a church, synagogue, temple, mosque or other facility that is used for the assembly of persons of similar beliefs for religious or spiritual worship, prayer and/or meditation. Household pet shall mean any small domesticated animal such as, but not limited to, a dog or a cat which is customarily kept in a residential dwelling unit. Comment [PG19]: term not used in ordinance Industry, nonnuisancelight shall mean the assembly, packaging, storage and distribution of products from finished products or parts.any industry which is not detrimental to the environment in which it is located by reason of the emission of smoke, noise, odor, dust or vibration beyond the limits of its lot and which does not include any open unscreened storage yard or outdoor processing of materials. Junk yard shall mean a lot or parcel of land or a structure, or part thereof, used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or other scrap or discarded material; or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts removed from such machinery or vehicles. Loft shall mean a large, usually unpartitioned floor over a factory, warehouse or other commercial or industrial space which is converted into an apartment or artist's studio. Comment [PG20]: terms not used in ordinance Lot shall mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law, to be used, developed or built upon as a unit. The word "lot" includes the word "plot." 1. Lot coverage shall mean that portion of a lot which is covered by parking areas and any impervious surface including but not limited to principal and accessory, structures, driveways, patios, sidewalks, etc. See Figure 2. 16

DRAFT PROPOSED REVISIONS – OCTOBER 2011 12. Lot depth shall mean the dimension from the rear lot line to the front lot line measured between the mid-points of the rear and front lot lines. See Figure 3. 3. Lot frontage shall mean the distance measured between side lot lines at the street line of the lot. Every lot must front on a dedicated and accepted street and the minimum street frontage for any lot must be forty (40) feet or seventy-five (75%) percent of the required lot width, whichever is greater. 24. Lot interior shall mean a lot other than a corner lot. 35. Lot line shall mean any established boundary of a lot. Any lot line which is neither a rear line nor a front line shall be deemed a side Figure 2: Lot Coverage line. 46. Lot width shall mean the shortest distance between side lines measured at a point along the required front set-back line of the lot. Where the Table of District Regulations does not require a minimum front yard the lot width shall be measured at the street line of the lot. All lots shall be required to have a minimum width at all points in the lot of forty (40) feet or seventy-five (75%) percent of the required lot width,