Specific words and phrases defined. Certain words and terms in this chapter are to be interpreted as defined below:
ACCESSORY USE OR STRUCTUREA subordinate use or structure, the purpose of which is incidental to that of the main use or structure and on the same lot therewith.
ADMINISTRATIVE OFFICERThe Secretary of the Planning and Zoning Board; the Township Clerk in the case of matters involving the Township Committee; and the Zoning Officer in the case of matters involving the issuance of zoning permits, certificates of occupancy, and zoning ordinance enforcement.
AGRITAINMENTThe promotion of farms and agricultural uses as places for entertainment that is related to the operation or products of a farm. This may include activities such as corn mazes, hay rides, interaction with farm animals, or similar enterprises.
AGRITOURISMA commercial enterprise associated with agricultural use that intends to attract visitors to farms in order to educate visitors and generate additional income for the farm. This may include activities such as feeding or viewing farm animals, pick your own produce operations, school tours to learn about agricultural practices, or other agricultural demonstrations.
ALTERATIONSAs applied to a building or a structure, a change or rearrangement in the structural part or in the existing facilities, or an enlargement, whether by extension of a front, rear or side or by increasing in height or in depth, or by moving from one location or position to another.
ANTENNAA device used to transmit and/or receive radio or electromagnetic waves between earth- and/or outer-space-based structures.
APPLICANTA developer submitting an application for development.
APPROVING AUTHORITYThe Planning and Zoning Board of Fairfield Township unless a different agency is designated by ordinance when acting pursuant to the authority of N.J.S.A. 40:55D-1 et seq.
BASEMENTThe portion of the building that is partly underground which has more than 1/2 its interior height measured from floor to finished ceiling below the average finished grade of the ground adjoining the building.
BUILDINGA combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy, and having a roof.
BUILDING WALLS AND PORCHESThe walls of a building, including the front wall nearest to and facing on the front street line of the lot on which the building has been or is to be erected and the side and rear walls nearest to and facing on the side and rear lot lines respectively. Roofed porticos, whether open or enclosed, shall be considered as a part of a building when measuring distances from the street line or other lot lines. Existing roofed porches and porticos may only be permanently enclosed when they comply with all front, side or rear yard setback requirements.
BUSINESSAny enterprise, occupation, trade or profession engaged in, either continuously or temporarily, for profit. The term "business" shall include the occupancy or use of a building or premises or any portion thereof for the transaction of business or the rendering or receiving of professional services.
CCA BUILDINGSBuildings used to house and shelter CCA equipment and not otherwise intended for human occupancy other than for maintenance.
CCA EQUIPMENTElectronic and telecommunications equipment that is essential for the transmission and reception of wireless telecommunications in conjunction with antennas.
CCA INSTALLATIONSBuildings, structures, equipment, antennas and towers used for the delivery of wireless radio telecommunications through a network.
CCA MONOPOLES AND TOWERSA vertical structure designed principally to elevate and support wireless telecommunications antennas, which is freestanding and is not attached to a building or a structure, having an independent principal purpose or function.
CERTIFICATE OF OCCUPANCYA document which shall be deemed to authorize and be required for each occupancy and use of a building or land to which it applies and shall continue in effect only so long as such building and the use thereof and use of such land is in full conformity with the requirements of Fairfield Township development regulations or any requirements made pursuant thereto. A certificate shall only be issued by the Zoning Officer upon completion of construction or alteration or prior to any changes in occupancy of a building or land, only after the Zoning Officer is satisfied that said construction or change is in full compliance with the requirements of the Fairfield Township development regulations or a determination pursuant thereto by a municipal agency. Maintenance of a valid certificate of occupancy shall be the responsibility of the property owner.
CHANNELThe bed and banks of a stream which convey the normal flow of the stream.
CLUSTER DEVELOPMENTA series of detached, single-family homes for which individual building sites, on the basis of an approved site plan according to the standards included in §
450-25, may be reduced in size and width for the purposes of providing a more compact service area and the retention of sizable areas of public or common open space.
COMMERCIAL COMMUNICATIONS ANTENNA (CCA)An antenna that is intended for commercial transmission or reception of personal wireless telephone services and data communications, and including commercial mobile services communications and common carrier wireless exchange access services.
COMMERCIAL SOLAR ENERGY OPERATIONS OR FACILITIESA solar energy system which exists as a principal use to generate electricity, heat water, and/or produce hot air for use on site, by sites contiguous to the site, and/or off site with electricity delivered by distribution and/or transmission lines.
COMMON OPEN SPACEAn 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/or lot or dwelling owners of the development. Common open spaces may contain such complementary structures and improvements as are necessary and appropriate for the use and enjoyment of residents and owners of the development.
CONDITIONAL USEA 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 this chapter, and upon the issuance of an authorization therefor by the Planning and Zoning Board.
COURTAn unoccupied open space other than a yard. An outer court is one which extends to a front, side or rear yard.
DEVELOPERThe 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.
DEVELOPMENTThe division of a parcel of land into two 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 N.J.S.A. 40:55D-1 et seq.
DRAINAGEThe removal of surface water or groundwater from land by drains, grading or other means and including control of runoff to minimize erosion and sedimentation during and after construction or development as well as the means necessary for water supply preservation or prevention or alleviation of flooding.
DWELLING UNITA group of interrelated rooms:
(1) Intended or designed for the use of one family;
(2) Separated from other space by lockable doors;
(3) Having access to the outdoors without crossing any portion of another family's dwelling quarters; and
(4) Having provisions for living, sleeping and cooking facilities, fixed or portable, and complete sanitary facilities.
DWELLING, TWO-FAMILYA detached building designed for and occupied by two families living independently of each other.
EROSIONThe detachment and movement of soil or rock fragments by water, wind, ice and gravity.
ESSENTIAL SERVICESThe erection, construction, alteration or maintenance by public utilities, telephone or municipal or other governmental agencies of underground or overhead gas, electric, steam, water or sewage transmission or distribution systems, including buildings, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities, or municipal or other governmental agencies, for the public health or safety or general welfare.
FAMILYOne or more persons occupying a dwelling unit as a single nonprofit housekeeping unit, who are living together as a bona fide, stable and committed living unit, being a traditional family unit or the functional equivalent thereof, exhibiting the generic character of a traditional family.
FARMAny parcel of land, five acres or larger, which is used for gain in the raising of agricultural products, including crops, livestock, poultry or dairy products and nursery products.
FARM BUILDINGAny building used for storing agricultural equipment or farm produce, or housing livestock or poultry. The term "farm building" shall not include residential dwellings.
FARM MARKETA commercial business located on an agricultural property engaged in the sale of products grown or produced primarily on the premises of that agricultural property.
FENCE or WALLA structure which permanently or temporarily prohibits or inhibits unrestricted travel between properties or portions of properties or between the street or public right-of-way and a property.
FLOODPLAINA land area adjoining a river, stream, or other watercourse which is likely to be flooded. For the purposes of this chapter, the one-hundred-year flood which has a one-percent chance of being flooded in any given year was chosen. The special flood hazard area is delineated on the HUD Floodplain Map used by the Federal Insurance Administration. Floodplains as described above are shown on the Fairfield Township Zoning Map.
FLOODWAYAny portion of a floodplain lying within 50 feet of the adjacent channel edge of a natural stream or within 25 feet from the edge of a lake or center line of any watercourse other than a natural stream.
GARAGE, PRIVATEA building or space accessory to a residence which provides primarily for the storage of motor vehicles and in which no occupation, business or service for profit is carried on.
GARDEN APARTMENTSA residence building or group of one or more residence buildings of not more than 2 1/2 stories in height and two rooms in depth designed and erected as a project with singleness of use and operation and where joint or communal use is to be made of open areas by the occupants, whether it be for recreation, parking of automobiles or other communal purposes.
GLAREIllumination whereby a source of light, producing a reading of 50 or more on a Standard Weston Photographic Light Meter or equivalent at a distance of three feet, is visible from the public right-of-way, or a reading of 0.8 or more is found when such meter or equivalent is held anywhere on a residential property line.
GRADE, FINISHEDThe completed surfaces of lawns, walks, roads, drives and other open areas brought to grades as shown on official plans.
GROSS FLOOR AREA, TOTALThe sum of the gross horizontal areas of every floor of a building, measured from the inside face of exterior walls or from the center line or party or common walls.
HABITABLE FLOOR AREAThe sum of the horizontal floor areas within a building unit(s) having distance between floor and ceiling of at least eight feet for residential structures and at least 7 1/2 feet for nonresidential structures which is heated and otherwise maintained for year-round human occupancy, and not including basement, garage or accessory building space.
HOME CRAFTAny occupation carried on as a subordinate use by a member of the family residing on the premises of a residential use.
HOME PROFESSIONAL OFFICEThe office, studio, or occupational room of a physician, surgeon, dentist, architect, licensed professional engineer, lawyer, real estate agent, certified public accountant, insurance broker, anyone desiring home office engaged in direct personal services when such use is within a dwelling which is the bona fide residence of the principal practitioner.
LOADING SPACEAny off-street space not less than 12 feet in width, 70 feet in length, and 14 feet in height available for the loading or unloading of goods, having direct access to a street or alley and so arranged that no vehicle is required to back into a street.
LOTA designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREAAn area of land enclosed by the boundary line of the lot and expressed in terms of square feet or acres. Any portion of a lot included in a public right-of-way shall not be included in calculating lot area.
LOT, CORNERA lot bounded on two or more sides by a public right-of-way.
LOT COVERAGEThat percentage of the lot or plot covered by all structures, paving and other nonporous materials other than retaining walls, shrubbery and fences. Any area of a lot covered by porous material will not be included in the calculation of lot coverage.
LOT DEPTHThe mean perpendicular distance between the front lot line and a line parallel to the front lot line drawn through the midpoint of the rear lot line, provided that, in triangular lots having no rear lot line, the distance shall be measured to the rearmost line, parallel to the front lot line, that is at least 75% of the required lot width.
LOT FRONTAGEThe horizontal distance measured along the full length of a street line abutting the lot line. In the case of corner lots, the shorter of the two street lines shall be considered as the frontage.
LOT LINE, FRONTThe right-of-way line of a street which a lot or parcel abuts.
LOT LINE, REARA lot line other than the front lot line which is the farthest from the street. In the case of a lot abutting two streets, required front yard setbacks from both streets shall be observed. (Where there is any question, the Construction Code Official shall designate the rear lot line.)
LOT LINE, SIDEA continuous line connecting the front and rear lot lines and which forms the boundary line between the lot and the adjacent parcel of land.
LOT WIDTHThe horizontal distance between the side lot lines measured at the front lot line. The minimum lot width as required by this chapter shall be for at least 75% of the lot depth, as measured continuously from the front lot line, except for lots which front on a turnaround or cul-de-sac street, in which case lot width at the front lot line may be reduced to 50% of the required width, but lot width measured at the building or setback line must be equal to or greater than 75% of the required lot width.
MAINTENANCE GUARANTEEAny security, other than cash, which may be accepted by the Township for the maintenance of any improvements required under the authority of N.J.S.A. 40:55D-1 et seq.
MASTER PLANA composite of one or more written or graphic proposals for the development of the Municipality as set forth and adopted pursuant to N.J.S.A. 40:55D-28.
MOBILE HOMEAny vehicle or similar conveyance so designed or constructed as to permit its transportation as a fully built unit and as to permit occupancy for dwelling purposes on a permanent basis.
MOBILE HOME PARKAny plot of ground upon which two or more mobile homes or mobile units used for dwelling or sleeping purposes are located.
MOTOR VEHICLE SERVICE STATIONA place where gasoline or other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale at retail to the public, which may include the sale of accessories, oiling, greasing, washing and light motor vehicle repairs on the premises.
NATURAL STREAMA naturally eroded channel with visible evidence of banks and bed, as distinguished from a swale which shows no evidence of natural erosion, except occasional gullying, and from a ditch, which is an artificially excavated channel.
NONCONFORMING BUILDINGA building which, in its design, use or location upon a lot, does not conform to regulations of this chapter for the zone in which it is located.
NONCONFORMING LOTA lot or parcel which does not have the minimum width or depth or contain the minimum area for the zone in which it is located or the use to which it is being put.
NONCONFORMING USEThe use of a building or of land in a manner which does not conform to the regulations of the zone in which it is located.
OCCUPANCYThe specific purpose for which land or a building is used, designated or maintained.
PARKING SPACE, OFF-STREETAn area at least 10 feet in width and having a total of 200 square feet exclusive of driveways appurtenant and giving access thereto, accessible from a street, but not located on a street, which is both suitable and intended for the parking of a passenger motor vehicle. Any off-street parking space that is a part of a parking lot shall be so designed so as not to require a vehicle to back into or from a street right-of-way.
PERFORMANCE GUARANTEEAny security which may be accepted by the Township of Fairfield, including cash, provided that the Township shall not require more than 10% of the total performance guarantee in cash.
PERMIT, BUILDINGA document issued by the Municipal Construction Code Official authorizing the construction, reconstruction, remodeling, alteration or repair of a building pursuant to the standards and requirements contained in the Uniform Construction Code.
PERMIT, TEMPORARY USEA document issued by the Zoning Officer for the conduct of a use otherwise prohibited by this chapter for a limited time period and stating that the special requirements governing said use and that all other applicable requirements have been complied with as certified by the Planning and Zoning Board.
PERMIT, ZONINGA document signed by the Zoning Officer:
(1) Which is required by ordinance as a condition precedent to the commencement of a use for the erection, construction, reconstruction, alteration, conversion or installation of a structure or building; and
(2) Which acknowledges that such use, structure or building complies with the provision of this chapter of the Code of the Township of Fairfield or variance therefrom duly authorized by a municipal agency pursuant to N.J.S.A. 40:55D-60 and N.J.S.A. 40:55D-70.
PRINCIPAL BUILDINGA building in which is conducted the main or principal use of the lot on which the building is situated.
PRINCIPAL PERMITTED USEPrimary use as specified for each district, together with any use customarily incidental to the primary use or building and located on the same lot with such principal use or building. It shall specifically exclude radio towers.
QUORUMA majority of the full authorized membership of a municipal agency.
RENEWABLE ENERGY FACILITYA facility and all associated equipment that engages in the production of electric energy from solar technologies, photovoltaic technologies or wind energy.
RESTAURANTAny building or use which serves food to the general public and which provides tables, chairs and/or counters for the consumption of food entirely within the walls of such building or use. "Restaurant" does not include "take-out" or "drive-in" establishments which permit the consumption of food within motor vehicles.
RESTORATIVE AGRICULTUREFarming or agricultural that is designed to be restorative or regenerative to the native ecosystem and soils through practices that require little or no chemicals, pesticides, or other chemical applications, and is intended to rebuild or restore the quality and quantity of topsoil on the site and to restore biodiversity and watershed function.
RIGHT-OF-WAY LINESThe boundary lines of land used or intended for use as streets and from which setback and other requirements shall begin. Where existing records are vague or show a lesser dimension, they shall be considered to be not less than 50 feet apart, 25 feet from the center line of the street.
ROOFA covering of any material of a permanent nature being supported by columns, piers, metal rods, walls or cantilevered from a principal structure and having aperture on its surface greater than 50% of the total area.
ROTOR DIAMETERThe cross-sectional dimension of the circle swept by the rotating blades of a wind-powered energy generator.
SCHOOLAn institution designed and staffed to provide educational opportunity, not including any such institution housing detainees.
SETBACK LINEA line parallel to the street at a distance therefrom equal to the depth of the front yard required for the district under consideration. No part of a building may extend closer to the street than the setback line.
SIGNAny device, structure, or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others, but not including any flag of any public, quasi-public, civic, charitable, or religious group.
SIGN, AREA OFThe area included within the frame or edge of the sign. Where the sign has no such frame or edge, the area shall be defined by an enclosed four-sided (straight sides) geometric shape which most closely outlines said sign.
SITE PLANA development plan of one or more lots on which is shown:
(1) The existing and proposed conditions of the lot, including, but not necessarily limited to, topography, vegetation, drainage, floodplains, marshes and waterways;
(2) The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility facilities, landscaping, structures and signs, lighting, and screening devices; and
(3) Any other information that may be reasonably required in order to make an informed determination pursuant to an ordinance requiring review and approval of site plans by the Planning and Zoning Board adopted pursuant to N.J.S.A. 40:55D-37 through 40:55D-59.
SMALL WIND ENERGY SYSTEMA wind energy system that is used to generate electricity, has a nameplate capacity of 100 kilowatts or less, and is as high as necessary to capture the wind energy resource, but at a maximum of 150 feet in height.
SOLAR ENERGYThe radiant energy received from the sun which through photovoltaic technologies or other solar technologies is used to produce electricity.
SOLAR OR PHOTOVOLTAIC ENERGY SYSTEMA solar energy system and all associated equipment which converts solar energy into electricity, heats water, and/or produces hot or compressed air.
SOLAR PANELS, SOLAR CELLS and PHOTOVOLTAIC CELLSEquipment containing one or more receptive cells or other devices mounted on arrays, rooftops or other structures and utilizing solar technologies for the conversion of solar energy into electricity, to heat water, and/or to produce hot or compressed air.
STREETA public thoroughfare which has been or will be dedicated or deeded to the public for public use.
STREET LINEThe right-of-way line of a street, road or other public way used or intended for use by vehicular traffic.
STRUCTUREA combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.
SWIMMING POOLAny artificially constructed pool and any lake or pond maintained by an individual for bathing for the use of his household and guests, located on a lot as an accessory use to a residence. A wading pool, with a depth of less than 18 inches, shall not be deemed as a swimming pool. A portable pool, located above ground level, with an area of less than 125 square feet and a water depth of less than three feet, temporary in character and constructed of a material other than concrete or masonry, capable of being moved from one place to another, shall not be deemed to be a swimming pool.
TOWNHOUSEOne of a series of attached, one-family dwelling units, each having a common wall between adjacent section or sections and individual rear yard and/or front yard designated as an integral part of the one-family dwelling unit.
TRAVEL TRAILERA vehicular portable structure built on a chassis designed as a temporary dwelling for travel, recreation, vacation or other short-term uses and having an outside body length not exceeding 30 feet and which may contain cooking, sleeping and sanitary facilities.
VARIANCEPermission to depart from the literal requirements of this chapter or other Fairfield Township development regulations pursuant to N.J.S.A. 40:55D-1 et seq.
WATERCOURSEAny land area or use either naturally formed or artificially designed for the storage, passage, retention or flow of water, including, but not limited to, the following: lake, pond, canal, ditch or swale.
WIND ENERGY SYSTEMA wind turbine and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component, necessary to fully utilize the wind generator.
WIND TURBINEEquipment that converts energy from the wind into electricity. This term includes the rotor, blades and associated mechanical and electrical conversion components necessary to generate, store and/or transfer energy.
YARD, FRONTAn open, unoccupied space on the same lot with the principal building, extending the full width of the lot and situated between the street line and the front building line of that lot.
YARD, REARAn open, unoccupied space on the same lot as the principal building, extending the full width of the lot and situated between the rear lot line and the building line.
YARD, SIDEAn open, unoccupied space between the side line of the lot and the nearest side building line and extending from the front yard to the rear yard or, in the absence of either of such yards, to the street or rear lot lines as the case may be.
ZONING OFFICERThe administrative officer designated as the person to issue zoning permits and certificates of occupancy and to carry out zoning ordinance enforcement.