Glossary forFairfield Township, Essex County, NJ

ACCESSORY BUILDING shall mean a subordinate building or structure customarily incidental to the principal building and located on the same lot with such principal building

ACCESSORY USE shall mean a use naturally, normally and customarily incidental and subordinate to the main use of the premises or lot

ACCESSORY USE AREA shall mean that area of the lot between the rear line of the principal structure and the rear property line

ADULT BOOKSTORE shall mean an establishment having as a substantial or significant portion of its stock-in-trade books, magazines, films for sale or viewing on the premises, by use of motion-picture devices or any other coin-operated means, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or an establishment with a segment or section devoted to the sale or display of such material

ADULT ENTERTAINMENT CABARET shall mean a public or private establishment which is licensed to serve food and/or alcoholic beverages, which features topless dancers, strippers, male or female impersonators or similar entertainers

ADULT MINI MOTION PICTURE THEATER shall mean an enclosed building with a capacity for less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

ADULT MOTION-PICTURE THEATER shall mean an enclosed building with a capacity of fifty (50) or more persons used regularly and routinely for presenting material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein

AGE-RESTRICTED DWELLING UNIT shall mean a dwelling unit in which at least one person is 55 years of age or older, provided that all low and moderate income age-restricted dwelling units shall comply with COAH age restrictions.

**Webmaster's Note: The previous definition has been added as per Ordinance No. 99-17.

ALTERATION OF A BUILDING shall mean a change in the supporting members of a building, an addition to or diminution of a building, a change in use to a different use or to a use of greater intensity, an enlargement of a use, a conversion of a building or of a part thereof, or removal of a building from One (1) location to another on the same lot or a different lot

APPAREL STORE shall mean establishments which sell articles of clothing

ARCADE shall mean any establishment or businesses where more than four (4) mechanical amusement devices are located within a fully enclosed building for the purpose of onsite use by members of the public

AUTOMOBILE SERVICE STATIONS shall mean a building or place of business where gasoline fuel is dispensed to the motoring public, and oil, grease, batteries, tires, and related auto accessories may also be dispensed, and where mechanical repair, but not body repair, may be rendered as an accessory activity, provided that all mechanical repair exclusive of incidental repair takes place within the confines of a building.

**Webmasters Note: The previous definition has been added as per Ordinance No. 2000-19.

BASEMENT ROOM AND CELLAR A room having less than one-half (1/2) of its clear ceiling height below the average elevation of the ground at the foundation wall shall be considered a basement room Any room having more than one-half (1/2) of its clear height below the average elevation shall be a cellar

BUFFER AREA shall mean an open unoccupied space wherein no building, parking, storage or other improvements, other than required landscaping or crossing by utilities, shall be permitted.

**Webmasters Note: The previous definition has been added as per Ordinance No. 2000-19.

BUILDING shall mean a structure constructed or created on the ground with a roof supported by columns or walls Whenever the term building is used in this chapter, it shall include structure, as hereinafter defined Fur the purpose of this chapter, the term building shall be construed as if followed by the words or portion thereof"

BUILDING COVERAGE shall mean the ratio of horizontal area measured from the exterior surface of the exterior walls of the ground floor of all principal /accessory buildings on a lot to total lot area.

**Webmasters Note: The previous definition has been added as per Ordinance No. 2000-19.

BUILDING HEIGHT shall mean the vertical distance from finished grade to the top of the highest roof beams on a flat or shed roof, the deck level on a mansard roof, and the average distance between the eaves and the ridge level for gable, hip, and gambrel roofs, Measurements shall be made ten (10) feet from the face of the building at all corners and halfway points

BUILDING SETBACK LINE shall mean a line drawn at a distance from a front, side and rear property line equal to the required respective front, side and rear yard depth Where a lot fronts upon a street which on the Master Plan or Official Map is proposed for right-of-way widening, the required yard depth shall be measured from the proposed future right-of-way line

BUSINESS SERVICES shall mean establishments engaged in providing primarily service or assistance, as opposed to products, to business, industry, government and other enterprises Such service or assistance shall include advertising and mailing, building maintenance, copying services, employment services, computer services, management services, office equipment repair, protective services, equipment rental and leasing other than construction equipment and vehicles, research, development and testing, photo finishing and personnel supply services, but excluding personal services

CONSTRUCTION TRAILER shall mean a vehicle or structure ordinarily used for storage or office purposes, located at a site during the time of site development

CORNER LOT shall mean a lot at the junction of two (2) or more streets

DRIVEWAY shall mean a private roadway providing access for vehicles to a parking spaces, garage or dwelling unit, including the provision of vehicular access from a public street to the principal building or use or to accessory buildings or uses on the same lot.

**Webmasters Note: The previous definition has been added as per Ordinance No. 2000-19.

DWELLING, RESIDENCE OR APARTMENT shall mean a building or portion thereof designed or used exclusively as the residence or sleeping place of one (1) or more persons, including one-family, two-family and multiple-family dwellings and apartment hotels, tourist cabins, trailers or trailer courts

EXISTING GRADE shall mean the vertical location of the existing ground surface prior to cutting or filling.

**Webmasters Note: The previous definition has been added as per Ordinance No. 2000-19.

FACE OR FACE OF THE BUILDING shall mean the wall of the building directly facing the street In the case of a building without any wall parallel to the street, face or face of the building shall mean the wall most nearly parallel to the street

FACTORY RETAIL OUTLET shall mean the retail sale of goods or products from a warehouse or industrial building as an accessory use to the principal building, selling only those items which are manufactured in the industrial building or part of the stock of the warehouse

FAMILY shall mean a group of individuals not necessarily related by blood, marriage, adoption or guardianship living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability

FAMILY DAY CARE HOME shall mean any private residence approved by the Division of Youth and Family Services or an organization with which the division contracts for family day care in which child care services are regularly provided to no less thin three (3) and no more than five (5) children for no less than fifteen (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

a. The child being cared for is legally related to the provider, or

b. The child being cared for as part of a cooperative agreement between parents for the care of their children by one (1) or more of the parents, where no payment for the care is being provided

FINISHED GRADE shall mean the final grade or elevation of the ground surface conforming to the proposed design that has been approved by the appropriate approving authority.

FLAG LOT shall mean a lot whose configuration is one of reduced frontage on a street (generally a width sufficient for use as a driveway or future street), with the enlarged buildable portion of the lot located to the rear of the lot at the end of the access drive.

**Webmasters Note: The previous definitions, Finished Grade and Flag Lot, have been added as per Ordinance No. 2000-19.

FLOOR AREA RATIO shall mean the sum of the area of all floors of buildings or structures compared to the total area of the site

GRADING shall mean any stripping, filling, stockpiling, or any combination thereof, and shall include the land in its cut or filled condition.

**Webmasters Note: The previous definition has been added as per Ordinance No. 2000-19.

GROSS FLOOR AREA shall mean

a. For the purpose of computing floor area in determining minimum residential floor area the area of floors computed by measuring the outside dimension of the outside walls in a building, excluding the floors of 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

b. For the purpose of computing off-street parking requirements and floor area ration the area of all floors computed by using the dimension of the outside walls of a building

HOTEL shall mean a structure that provides rental sleeping units for temporary occupancy, in which the units have access to a common interior hall or passageway.

IMPERVIOUS LOT COVERAGE shall mean the portion of a lot which is improved with principal and accessory buildings, structures and uses, and including but not limited to driveways, tennis courts, parking areas, garages, walkways, patios, loading areas, and other impervious materials. Detention or retention basins shall be excluded from such calculations provided the same are constructed of pervious material.

**Webmasters Note: The previous definitions, Hotel and Impervious Lot Coverage, have been added as per Ordinance No. 2000-19.

INDOOR RECREATIONAL FACILITIES shall mean facilities designed and equipped with indoor athletic equipment and/or leisure time activities contained entirely within the confines of a building, and open to the public for a fee Indoor recreational facilities may include, but are not limited to, health clubs, aerobic exercise facilities, gymnasiums, bowling alleys, billiard rooms, golf instruction, batting ranges, indoor tennis and similar activities Movie theaters shall not be considered indoor recreational facilities

INDUSTRY shall mean any activity involving the fabrication, manufacture, assembly, or production of durable or non-durable goods.

**Webmasters Note: The previous definition has been added as per Ordinance No. 2000-19.

INSTITUTIONAL USE shall mean a nonprofit, religious, or public use such as a church, library, public or private school, hospital, or government owned or operated building, structure or land used for public purpose

LOT shall mean a parcel or portion of land, exclusive of any adjoining street, legally separated or subdivided from or not contiguous to other parcels or portions in the same ownership

LOT AREA shall mean a total square unit, contents included, within a lot measured in feet

LOT DEPTH shall mean the mean distance between the front and rear lot lines measured from the street line in the general direction of the rear lot line. If a lot shall not have a parallel rear and front lines, the average of such depths taken at ten-foot intervals and perpendicular to the front street line throughout the width of the lot, shall constitute the average depth of the lot.

**Webmasters Note: The previous definition has been added as per Ordinance No. 2000-19.

LOT FRONTAGE shall mean the length of the front lot line measured at the street right-of-way line

LOT WIDTH shall mean the horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line

MECHANICAL AMUSEMENT DEVICE shall mean any machine, which, upon the insertion of a Loin, slug, token, plate or disc, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score It shall include such devices as marble machines, pinball machines, mechanical bowling machines and all games, operations or transactions similar thereto under whatever name they may be indicated.

NONCONFORMING BUILDING shall mean a building lawfully existing at the time of the adoption of this chapter, or any subsequent amendment thereto at a later date, and which does not conform with the regulations of the zone in which it is located

NONCONFORMING USE shall mean a use which was lawfully exercised within a building or on land which is not permitted in the zone at the time of adoption of this chapter or any subsequent amendment thereto

OFFICE, GENERAL shall mean a room or group of rooms used for conducting the affairs of a business, profession, service or industry and generally furnished with desks, tables, files, and communications equipment

OFFICE BUILDING shall mean a building used primarily for conducting the affairs of a business, profession, service or industry or like activity and may include ancillary services for office workers, such as a restaurant, coffee shop, newspaper or candy stand and child care facilities

OFFICE, HOME shall mean a home occupation consisting of the office of a practitioner of a recognized profession, including for purposes of this ordinance, physician, dentist, attorney-at- law, architect, artist, real estate broker, accountant, bookkeeper, engineer, planner or person of like profession, which office is located within the residence of the person who practices such profession

PARKING AREA shall mean any public or private area, under or outside of a building or structure, designed, designated, and used for parking motor vehicles, including parking lots, garages, private driveways, and legally designated areas of public streets

PARKING SPACE shall mean a rectangular area either outdoors or enclosed within a structure and used for off-street parking of motor vehicles.

**Webmasters Note: The previous definition has been added as per Ordinance No. 2000-19.

PERSONAL SERVICES shall mean establishments primarily engaged in providing services involving the care of a person or his or her personal goads or apparel, including the following laundry, including cleaning and pressing service, linen supply, diaper service, beauty shop, barber shop, shoe repair, steam baths, reducing salons and health clubs, clothing rental, locker rental, porter service and domestic services

PLANNED INDUSTRIAL PARK shall mean an area consisting primarily of industrial uses which is planned, developed, operated and maintained as a single entity with appurtenant common or public open space areas.

**Webmasters Note: The previous definition has been added as per Ordinance No. 2000-19.

PRINCIPAL OR MAIN USE shall mean the primary or predominant use of the promises

PRIVATE GARAGE shall mean a detached, enclosed accessory building or portion of a main building used for the storage of one (1) or more motor vehicles maintained for the convenience of the principal building occupant(s) and wherein no business is conducted

PRIVATE SWIMMING POOL shall mean any artificially constructed basin or other structure for the holding of water for use by the possessor, his family or guests for swimming, diving and other aquatic sports and recreation Swimming pool does not include any temporarily erected plastic, canvas or rubber pool holding less than fifty (50) gallons of water or having a depth of twenty-four (24) inches or less

PUBLIC GARAGE OR FILLING STATION shall mean any building used for, or land on which is conducted or rendered, a business or service involving any one (1) or more of the storage, maintenance, servicing or washing of motor vehicles,

PUBLIC BUILDINGS shall mean a structure owned and operated by a governmental agency

PUBLIC UTILITIES shall mean a State regulated enterprise with a franchise for providing to the public a utility service deemed necessary for the public health, safety and welfare

RESIDENTIAL CLUSTER shall mean an area to be developed as a single entity according to a plan containing residential housing units and which has a common or public open space area as an appurtenance.

**Webmasters Note: The previous definition has been added as per Ordinance No. 2000-19.

RESTAURANT, CONVENTIONAL shall mean a business or establishment where food or beverages are sold or dispensed for consumption by patrons who are served within the building at tables

RESTAURANTS, DRIVE-THRU shall mean an establishment where food and/or beverages are sold in a form ready for consumption, where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the restaurant, and where ordering and pick-up of food takes place from an automobile

RESTAURANT, TAKE-OUT shall mean an establishment or business which is essentially designed to dispense a limited variety of food and beverages, which are so prepared, packaged in paper or in other types of disposable wrappers and containers, in a form for off-premises consumption Such establishments may have a limited number of tables, but most of the food and beverages are sold for off the premises consumption

SCHOOL, BUSINESS shall mean any building or part thereof which is used for education or instruction in the trades, commercial skills, arts, and similar activities which do not qualify as a public or private school which meet State requirements for elementary or secondary education.

SCHOOL, PRIVATE shall mean any building or group of buildings which meet State requirements for elementary, secondary or higher education, and which use does not secure the major part of its funding from any State or governmental agency

SHOPPING CENTER shall mean a group of three or more commercial establishments planned, designed and constructed as a total entity. Parking, circulation, storm water management, landscaping, lighting and signage shall be designed within the framework of an integrated and unified design in accordance with an approved site plan

SIGN shall mean and include every sign, billboard, ground sign, roof sign, sign painted or printed on the exterior surface of a building, illuminated sign and temporary sign, and shall include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person, service or product, when the same is placed out- of-doors in view of the general public (See Article X for classification of sign types )

SINGLE-FAMILY DWELLING UNIT shall mean a suite of one (1) or more rooms designed for occupancy by one (1) family

SINGLE OWNERSHIP shall mean ownership of a separate parcel or tract of real property not contiguous to land in the same ownership, or if contiguous to land in the same ownership, is legally separated there from

SITE PLAN shall mean a map showing proposed buildings, parking areas, driveways, signs, lighting, landscaping, and utility systems and as further defined under Article IX

SLOPE shall mean the degree of deviation of a surface from the horizontal, expressed in percent or degree, based on elevation intervals of ten feet.

**Webmasters Note: The previous definition has been added as per Ordinance No. 2000-19.

SPECIFIED ANATOMICAL AREAS shall mean

a. Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola

b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered

SPECIFIED SEXUAL ACTIVITIES shall mean

a. Human genitals in a state of sexual stimulation or arousal

b. Acts of human masturbation, sexual intercourse or sodomy

c. Fondling or other erotic touching of human genitals, public region, buttock or female breast

STORY shall mean that portion of a building included between the surface of any floor above the average elevation of ground at the foundation wail and the surface of the next floor above it or, if there is no floor above it, then the space between the floor and the ceiling next above it

STORY, HALF shall mean a space under a sloping roof that has the line of intersection of the roof and wall face not more than three feet above the floor level, and in which space the possible floor area with head room of five feet or less occupies at least forty percent of the total floor area of the story directly beneath.

**Webmasters Note: The previous definition has been added as per Ordinance No. 2000-19.

STREET LINE shall mean that line determining the limit of the rights-of-way of the public, either existing or contemplated by the Master Plan of Fairfield Township Where the definite right-of-way width has not been established or is not specified in the adopted Master Plan of Fairfield Township, the street line shall be assumed to be at a point twenty-five (25) feet from the center line of the existing road surface

STRIP SHOPPING CENTER shall mean a commercial use or uses having a linear orientation that is approximately parallel to a roadway(s). The major portion of the parking serving the center is located between the commercial building and the roadway.

**Webmasters Note: The previous definition has been added as per Ordinance No. 2000-19.

STRUCTURE shall mean an object consisting of one (1) or more materials which is constructed, erected or placed below, upon or above the ground or attached to something having such location

SUPERMARKET shall mean a store selling a variety of goods such as food, meats, bake goods, fruits and vegetables, drugs and pharmaceuticals, household supplies, film, package liquors and similar products

TRAVEL TRAILER shall mean an enclosed mobile vehicle designed and constructed so as to permit occupancy for dwelling or sleeping purposes on a temporary basis and to be moved about on wheels For the purpose of this chapter, travel trailer shall be construed to include vehicles having a self-contained means of locomotion and collapsible camping trailers

TRANSMISSION FACILITIES shall mean facilities which involve satellite sending and receiving antennas and/or standard sending and receiving antennas along with transmitting and receiving equipment

YARDS -

a. FRONT YARD shall mean an open, unoccupied space (unless occupied by a use as hereafter specifically permitted) extending across the full width of the lot and lying between the front street property line and the nearest point of any building on the lot Any lot abutting a street which is less than fifty (50) feet in width shall be construed as having a front street property line or side street property line located twenty-five (25) feet from the center line of the street Notwithstanding the foregoing, any lot abutting a street shown as greater than fifty (50) feet on the Master Plan or Official Map shall provide a front yard or side street setback measured from the right-of-way required therein The depth of the front yard shall be measured perpendicular to the building at the closest point to the front lot line

b. SIDE YARD shall mean an open, unoccupied space (unless occupied by a use as hereinafter specifically permitted) on the same with the principal building located between the closest point of the principal building and the side lot line, extending from the front yard to the rear yard

c. REAR YARD shall mean an open, unoccupied space (unless occupied by an accessory building or use as hereinafter specifically permitted) extending across the full width of the lot between the closest point of the principal building on the lot and the rear lot hue. On corner lots, the rear yard shall be opposite the shorter (if the two (2) street frontages The depth of the rear yard shall be measured perpendicular to the building at the closest point to the rear lot line (1969 Code � 75-7, Ord No 591, Ord No 632, Ord No 710, Ord No 738, Ord No 739, Ord No 771, Ord No 779; Ord No 848; Ord. No. 982 � 2, New)

APPROPRIATE DECISIONAL AUTHORITY shall mean the municipal entity, either the zoning officer, Planning Board of Zoning Board of Adjustment, to which the application for tree removal permit is submitted.

DRIP LINE shall mean the limiting line established by a series of perpendicular drop points marking the maximum radius of the crown of an existing tree, but not less than six (6) feet from the trunk, whichever is greater.

PERMITS shall mean a license issued by the Construction Code Official or Zoning Officer to remove or destroy trees.

TREE shall mean any living tree having a trunk of a diameter of eight (8) inches or greater measuring at a height of three feet above natural grade.

APPEAL shall mean a request for a review of the Construction Officials interpretation of any provision of this article or a request for a variance

AREA OF SHALLOW FLOODING shall mean a designated AO or VO Zone on a communitys 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

AREA OF SPECIAL FLOOD HAZARD shall mean the land in the floodplain within a community subject to a one (1%) percent or greater chance of flooding in any given year

BASE FLOOD shall mean the flood having a one (1%) percent chance of being equaled or exceeded in any given year

BASEMENT shall mean any area of the building having its floor subgrade below ground level on all sides

BREAKAWAY WALL shall mean 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

DEVELOPMENT shall mean 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 area of special flood hazard

ELEVATED BUILDING

a. NONBASEMENT BUILDING shall mean

1. 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 pilings, columns (posts and piers) or shear walls parallel to the flow of the water

2. 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

b. In an area of special flood hazard, elevated building shall also include a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of 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

FLOOD OR FLOODING shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from

a. The overflow of inland or tidal waters

b. The unusual and rapid accumulation or runoff of surface waters from any surface

FLOOD INSURANCE RATE MAP, FIRM shall mean 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 community

FLOOD INSURANCE STUDY shall mean 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

FLOODPLAIN shall mean an area usually a relatively flat or low land area adjoining a river stream or watercourse, which has been in the past, or can reasonably be expected in the future to be, covered temporarily by flood,

FLOODPROOFING shall mean any combination of structural and nonstructural additions, changes or adjustments to properties and structures, primarily for the reduction or elimination of flood damage to lands, water and sanitary facilities, structures and the contents of buildings

FLOODWAY shall mean the channel of a river of other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than two-tenths (0.2) of one (1) foot

LOWEST FLOOR shall mean the lowest floor of 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 buildings lowest floor, provided that such enclosure is not built so as to render the structure in violation of other applicable nonelevation design requirements.

START OF CONSTRUCTION shall mean for other than new construction or substantial improvements under the Coastal Barrier Resources Act (P L 97-348), and 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 one hundred eighty (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 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 excavation for a basement, footings, piers or foundations or the erection of temporary forms, 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

STRUCTURE shall mean a walled and roofed building that is principally above ground

SUBSTANTIAL IMPROVEMENT shall mean any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty (50%) percent of the fair market value of the structure either before the improvement is started or, if the property has been damaged and is being restored, before the damage occurred Substantial improvement is started when the first alteration of any wall, ceiling, floor or other structural part of the building commences

VARIANCE shall mean a grant of relief to a person from the requirements of this article which permits construction in a manner otherwise prohibited by this article where specific enforcement would result in unnecessary hardship

WATER SURFACE ELEVATION DATA shall mean the elevations in relation to mean sea level expected to be reached by floods of various magnitudes and frequencies at pertinent points along a stream or in the floodplains of coastal or river line areas (1969 Code � 75-91 4, Ord No 906)

ADVERTISING STRUCTURE OR BILLBOARD shall mean any rigid or semi-rigid material, with or without a message or symbol displayed thereon, situated upon or attached to real property, mobile objects and vehicles outdoors for the purpose of furnishing a background, base or support on which a sign may be posted or displayed

FUNCTIONAL SIGN TYPES a Director of occupants sign shall mean a sign or plate attached to the facade of a building listing the tenants or occupants thereof and their respective professions or business activities b Directional sign shall mean a sign or device intended to director or point toward a place which gives verbal directions, including traffic directional signs c Identification sign shall mean any sign, symbol, trademark, structure or similar device used to identify the occupant of any structure, the product made or the activity [icing pursued by any individual business service, commercial or industrial activity d Official sign shall mean any sign, symbol or device erected or duly authorized by the Federal government, the State of New Jersey, County of Essex, or the Township of Fairfield for the purpose of informing or guiding the public or for the protection and promotion of health, safety, convenience and general welfare

PHYSICAL SIGN TYPES -

a. GROUND OR FREESTANDING SIGN shall mean a self-supporting sign including pylon, pedestal or individual post-type supports, connected to the ground and independent of say other structure

b. WALL SIGN shall mean a sign attached to or inscribed directly upon a building wall

SIGN shall mean the outdoor display of any writing, printing, picture, painting, emblem, drawing or similar device intended to invite or draw the attention of the public to any activity, goods, merchandise, property, business, service, entertainment or industrial activity or establishment (1969 Code � 75-94, Ord No 591, Ord No 618, Ord No 738, New)

ADMINISTRATIVE OFFICER - The Secretary of the Planning Board.

APPLICANT - A developer submitting an application for development

APPLICATION FOR DEVELOPMENT - The application form and all accompanying documents required by this ordinance for the approval of a subdivision plat, site plan, conditional use, zoning variance or direction of the issuance of a permit pursuant to Chapter 291 of the Laws of New Jersey 1975.

APPROVING AUTHORITY - The Planning Board of the municipality unless a different agency is designated by ordinance when acting pursuant to the authority of Chapter 291 of the Laws of New Jersey 1975

BOARD OF ADJUSTMENT - The board established by the Zoning Ordinance of the Borough of Fairfield.

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

CAPITAL IMPROVEMENT - A governmental acquisition of real property or major construction project.

CIRCULATION - Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits.

CONDITIONAL USE - A use permitted in a particular zoning district only upon showing that such use, in a specified location, will comply with the conditions and standards for the location or operation of such use, as contained in the Zoning Ordinance, and upon the issuance of an authorization therefore by the Planning Board.

CONSTRUCTION STANDARDS - The construction specifications and standard construction details as prepared by Charles G Bums, Municipal Engineer, Borough of Fairfield, as amended and supplemented.

COUNTY MASTER PLAN - A composite of the Master Plan for the physical development of Essex County, with the accompany maps, plats, charts, and descriptive explanatory matter adopted by the County Planning Board pursuant to N.J.R.S. 40.27-2 and 27-4.

COUNTY PLANNING BOARD - The Planning Board of Essex County.

DEVELOPER - 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 - 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 an extension of the use of land, for which permission may be required.

DEVELOPMENT REGULATION - A Zoning Ordinance, Subdivision Ordinance, Site Plan Ordinance, Official Map Ordinance or other municipal regulation of the use and development of land, or an amendment thereto

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

DRAINAGE RIGHT-OF-WAY - The public or private lands required, reserved, dedicated or prohibited from development and by easement 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 I of Title 58 of the New Jersey Revised Statutes.

EROSION - The detachment and movement of soil or rock fragments by water, wind, ice and gravity.

FINAL APPROVAL - The official action of the Planning Board taken on a preliminarily 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 the guaranties properly posted for their completion or approval has been conditioned upon the posting of such guaranties.

FINAL PLAT - The final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with these regulations and which, if approved, shall be filed with the proper county recording officer

GOVERNING BODY - The Mayor and Council of the Borough of Fairfield.

HISTORIC SITE - Any building, structure, area or property that is significant in the history, architecture, archeology or culture of this state, its communities or the nation and has been so designated pursuant to law.

INTERESTED PARTY:

A. In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey

B. In the case of a civil 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 this ordinance or under any other law of this state or of the United States has been denied, violated or infringed upon by an action or a failure to act under this ordinance.

LAND - Includes improvements and fixtures on, above or below the surface.

LOT - A designated parcel, tract or area of land established by a plat or otherwise permitted by law and to be used, developed or built upon as a unit

MAINTENANCE GUARANTY - Any security, other than cash, which may be accepted by a municipality for the maintenance of any improvements required by this ordinance.

MAJOR SUBDIVISION - Includes all subdivisions not classified as minor subdivisions.

MASTER PLAN - A composite of the mapped and written proposals recommending the physical development of the municipality which shall have been duly adopted by the Planning Board

MINOR SUBDIVISION - Any subdivision containing not more than three (3) lots fronting on an existing improved street, not involving any new street, road or the extension of any on- or off- tract improvements

NONCONFORMING LOT - A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a Zoning Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING STRUCTURE - A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a 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

NONCONFORMING USE - A use or activity which was lawful prior to the adoption, revision or amendment of a 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

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

OFF TRACT - Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way

ON SITE - Located on the lot in question

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

OPEN SPACE - Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be unproved 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

OWNER - Any individual, firm, association, syndicate, co-partnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this ordinance

PARTY IMMEDIATELY CONCERNED - For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under Section 7 of Chapter 291 of the Laws of New Jersey 1975

PERFORMANCE GUARANTY - Any security which may be accepted by a municipality, including cash, provided that the Borough of Fairfield shall not require more than ten percent (10%) of the total performance guaranty in cash.

PLANNING BOARD -The Municipal Planning Board of the Borough of Fairfield established pursuant to Chapter 291 of the Laws of New Jersey 1975

PLAT - A map or maps of a subdivision or site plan.

PRELIMINARY APPROVAL - The conferral of certain rights pursuant to this ordinance prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.

PRELIMINARY FLOOR PLANS AND ELEVATIONS - Architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form, its scope, scale and relationship to its site and immediate environs.

PUBLIC AREAS -

A. Public parks, playgrounds, trails, paths and other recreational areas.

B. Other public open spaces

C. Scenic and historic sites.

D. Sites for schools and other public buildings and structures.

PUBLIC DEVELOPMENT PROPOSAL - A master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.

PUBLIC DRAINAGEWAY - The land reserved or dedicated for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.

PUBLIC OPEN SPACE - An open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency or other public body for recreational or conservational uses

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

SEDIMENTATION - The deposition of soil that has been transported from its side of origin by water, ice, wind, gravity or other natural means as a product of erosion.

SITE PLAN - A development plan of one (1) or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways, the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices, and any other information that may reasonably be required in order to make an informed determination pursuant to this ordinance, and requiring review and approval of site plans by the Planning Board, adopted pursuant to Article 6 of Chapter 291 of the Laws of New Jersey 1975

SITE PLAN COMMITTEE - A Committee which shall be appointed by the Chairman of the Planning Board.

SKETCH PLAT - The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of this ordinance.

STANDARDS OF PERFORMANCE - Standards adopted by ordinance, pursuant to Section 52d of Chapter 291 of the Laws of New Jersey 1976, regulating noise levels, glare, earthborne or some vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may reasonably be required by the municipality; or standards required by applicable federal or state laws or municipal ordinances.

STREET - Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines. For the purpose of this ordinance, streets shall be classified as follows.

A. ARTERIAL STREETS - Those which are used primarily for fast or heavy traffic.

B. SECONDARY TRAFFIC STREETS - Streets connecting places of relatively dense settlement with each other and with arterial streets and intended primarily for intermunicipal and commuter traffic.

C. CONNECTOR STREETS - Those which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development

D. MINOR STREETS - Those which are used primarily for access to the abutting properties

SUBDIVIDER - Any individual, firm, association, syndicate, co-partnership, corporation trust or any other legal entity commencing proceedings under this ordinance to effect a subdivision of land hereunder for himself or for another

SUBDIVISION - The division of a lot, tract or parcel of land into two (2) 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 ordinance, if no new streets are created divisions of land found by the Planning Board, or Subdivision Committee thereof appointed by the Chairman, to be for agricultural purposes where all resulting parcels are five (5) acres or larger in size; divisions of property by testamentary or intestate provisions, divisions of property upon court order, conveyances so as to combine existing lots by deed or other instrument. The term subdivision shall also include the term resubdivision

WALKWAY OR SIDEWALK - A way for carrying pedestrian traffic, which may be located within the right-of-way provided for a street or may be located adjacent to a property line, between lots, and laid out so that it may provide pedestrian traffic along a street or road or within a subdivision connecting two (2) streets