ACCEPTED NURSERY PRACTICES shall mean all practices that are conducted in compliance with all federal, state, county and/or local laws and/or regulations and/or the Recommended Practices articulated in ANSI A300.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-10.
ACCESSORY STRUCTURE OR USE shall mean a building, structure or use which is customarily associated with and is subordinate and incidental to the principal building, structure or use and which is located on the same lot therewith. An accessory building attached to the principal building shall comply in all respects with the requirements applicable to the principal building.
ACCESSWAY shall mean a way for vehicular and foot traffic leading from any street.
ACRE shall mean forty-three thousand five hundred sixty (43,560) square feet.
ACT shall mean the New Jersey Municipal Land Use Law, Chapter 291 of the Laws of 1975, as supplemented and amended.
ADMINISTRATIVE OFFICER shall mean the Clerk of the municipality unless a different municipal official or officials are designated by ordinance or statute.
AFFORDABLE HOUSING shall mean a dwelling unit that is restricted to occupancy and sale to persons of low and moderate income as established by the New Jersey Council on Affordable Housing, and in accordance with the Township's Affordable Housing Plan
AGRICULTURAL SOILS shall mean soils classified in the Soil Survey of Hunterdon County, New Jersey, U S Department of Agriculture, Soil Conservation Service, November, 1974 The term, unless otherwise specified, refers to land capability classes I, II, and III, those soils which may be considered prime agricultural soils
ALLEY (Service street) shall mean a minor right-of-way providing secondary vehicular access to the side or rear of two (2) or more properties
ALTERATIONS shall mean and include, but are not limited to, the following
1. All incidental changes or replacement in the nonstructural parts of a building or other structure
2. Minor changes or replacements in the structural parts of a building or other structure, including, but not limited to, the following examples
(a) Alteration of interior partitions to improve livability in nonconforming residential buildings, provided no additional dwelling units are created thereby
(b) Alteration of interior partitions in all other types of buildings or other structures
(c) Constructing windows or doors in exterior walls
(d) Strengthening the load bearing capacity in not more than ten (10%) percent of the total floor area to permit the accommodation of a specialized unit of machinery or equipment
(e) Removal of the building from one (1) location to another
APPLICANT shall mean a person, partnership, corporation, or public agency requesting permission to engage in land development or land disturbance
APPLICATION FOR DEVELOPMENT shall mean the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to Section 25 (C 40.55D-34), or Section 27 (C 40 55D-36) of the Act
APPROVED WOODLAND MANAGEMENT PLAN shall mean a "Woodland Management Plan" that has been reviewed and endorsed by the Union' Township Planning Board following review and report to the Board by the Environmental Commission, Tree Committee.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-10.
APPROVING AUTHORITY shall mean the Union Township Planning Board unless a different agency is designated by ordinance when acting pursuant to the authority of the Act
AREA OF A SIGN shall mean the total area of a sign including all borders and trim but not structural elements
BASAL AREA - shall mean the cross sectional area of a tree measured at a point four and one-half (4.5') feet above the surface of the natural grade.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2002-1.
BASE SITE AREA See Site Area, Base.
BASEMENT shall mean an enclosed area partly or completely below grade It shall be considered a building story if more than one-third (1/3) of the perimeter walls are five (5') feet or more above grade and if the net area of the door or window openings in the exterior walls is equal to at least ten (10%) percent of the enclosed floor area.
BILLBOARD See Sign, Outdoor Advertising
BOARD OF ADJUSTMENT shall mean the Union Township Board of Adjustment established pursuant to Section 56 (C 40 55D-69) of the Act
BOARDER, ROOMER, LODGER shall mean a person occupying any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping but not for cooking or eating purposes, and paying compensation for lodging or board and lodging by pre-arrangement for a week or more at a time to the owner or operator Any person occupying such room or rooms and paying such compensation without pre-arrangement or for less than a week at a time shall be classified for the purposes of this chapter not as a roomer, boarder, or lodger but as a guest of a commercial lodging establishment (motel, hotel, tourist home)
**Webmasters Note: The previous definition has been amended as per Ord. No. 2001-8.
BUFFER YARD shall mean a strip of required yard space adjacent to the boundary of a property, district, road, street, or highway, not less in width than is designated in this chapter, and on which is placed year-round shrubbery, hedges, evergreens, or other suitable plantings of sufficient height and density to constitute an effective screen and to give maximum protection and immediate screening to an abutting property or district A buffer yard may include a wall or fence or a solid wall or fence, provided that such wall or fence is screened or constructed in such a manner that it will not conflict with the character of the abutting district
BUILDING shall mean a combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof
BUILDING SETBACK LINE shall mean the line parallel to the proposed right-of-way line at a distance therefrom equal to the depth of the front yard required for the district in which the lot is located, provided that, in the case of a lot situated at the end of a cul-de-sac where the side lines are divergent, the building setback line shall be where lot width first coincides with the required minimum lot width but in no case closer to the street than the required front yard
BULK shall mean the term used to describe the size of buildings or other structures and their relationship to each other, to open areas such as yards, and to lot lines, and therefore included,
1. The size, including height and floor area, of a building or other structure,
2. The relation of the number of dwelling units in a residential building to the area of the lot, and
3. All open areas in yard space relating to buildings and other structures
CALIPER shall mean a measurement of the size of a tree equal to the diameter of its trunk measured four and one-half (4 1/2') feet above natural grade
CAPITAL IMPROVEMENT shall mean a governmental acquisition of real property or major construction project
CELLAR shall mean a story, partly underground, and having more than one-half (1/2) of its height (measured from floor to ceiling) below the average level of the adjoining ground or a floor to ceiling height of less than six and one-half (6 1/2') feet. A cellar should not be considered in determining the permissible number of stories or square footage nor shall it be used for dwelling purposes
CERTIFICATION shall mean a written endorsement of a plan for soil erosion and sediment control by the Township Engineer which indicates that the plan meets the Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee
CERTIFIED FORESTER shall mean a person authorized by the Department of Environmental Protection (DEP), NJ Forest Service, pursuant to N.J.A.C. 7:3-2, to annually attest that a landowner is in compliance with a "Woodland Management Plan" and/or program
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-10.
CHILD CARE CENTER shall mean a commercial facility in which child care services are provided for a fee to six (6) or more children at any one (1) tune for more than fifteen (15) hours per week, and said use is required to be licensed by the N J Department of Human Services pursuant to P L 1983, c. 492 (C.30 5B-1 et seq.)
CLEAR CUTTING Clear cutting shall mean the removal of more than 20% of all standing trees on a lot, parcel or site within any twenty (20) year period.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 2004-10.
CLEAR SIGHT TRIANGLE shall mean an area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of the street right-of-way lines
COAH shall mean the New Jersey Council on Affordable Housing
COAH RULES shall mean the rules and procedures as established by the New Jersey Council of Affordable Housing (COAH) in regard to the collection, use, and administration of development fees for affordable housing purposes
CONCEPT PLAN shall mean a general plan, sufficiently detailed for discussion purposes
CONDITIONAL USE shall mean 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 regulations, and upon the issuance of an authorization therefor by the Planning Board
CONDOMINIUM SHALL have the meaning as defined within the State Condominium Act Real estate, portions of which are designed for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions Real estate is not a condominium unless the included interests in the common elements are vested in the unit owners
CONSERVATION EASEMENT shall mean a portion of land dedicated for designated conservation purposes and designated as such on any recorded deed, plat plan and/or as otherwise identified and delineated in any site plan.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-10.
CONTIGUOUS shall mean immediately adjacent, abutting, bordering, and/or sharing a common property line
CONTINUING CARE FACILITY shall mean a residential facility designed to house persons over the age of sixty-five (65) or handicapped persons whose health requires that special services and support systems be available on-site to enable such persons to live outside of an institution, which residential facility both adjoins and has access to the services of a nursing home as herein defined in addition to the on-site services provided to the residents
CONVENTIONAL DEVELOPMENT - Development other than planned development.
**Webmasters Note: The previous definition has been added as per Ord. No. 2001-8.
CORNER LOT shall mean a lot which has an interior angle of less than one hundred thirty-five (135) degrees at the intersection of two (2) street lines A lot fronting upon a curved street or streets shall be considered a corner lot if the tangents to the curve at points within the lot or at the points of intersection of the side lot lines with the street line intersect at an angle of less than one hundred thirty-five (135) degrees. Front yards are required on both streets, the remaining yards are to be side yards
COUNTY MASTER PLAN shall mean a composite of the master plan for the physical development of Hunterdon County with the accompanying maps, plats, charges and descriptive and explanatory matter adopted by the 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 Hunterdon County Planning Board, as defined in Section 1 of P L, 1968, c 285 (C 40 27-6 1)
CRITICAL WILDLIFE HABITAT - shall mean any of the following:
Surface waters classified a "Category 1", "Trout Maintenance" or "Trout Production" by the New Jersey Department of Environmental Protection and all land within 150 feet of the ordinary high water mark of the watercourse or water body;
Lands or waters occupied by any organism listed as declining, rare, threatened or endangered (herein after "species of concern") by the New Jersey Department of Environmental Protection or by the United States Department of Interior, Fish and Wildlife Service. Lands or waters within the Township which are necessary to support or expand an existing population of a species of concern;
Lands identified or mapped as critical habitat by the New Jersey Department of Environmental Protection;
**Webmasters Note: The previous definition has been added as per Ordinance No. 2002-1.
CUL-DE-SAC shall mean a street which intersects another street at one (1) end and terminates at the other end in a vehicular turnaround
DAYS shall mean calendar days
DBH shall refer to the "Diameter Breast Height" and shall mean the diameter of the stem of a tree measured 4.5 feet above the surface of the ground
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-10.
DECK shall mean an exterior floor system supported on at least two (2) opposing sides by an adjoining structure and/or posts, pier or independent supports A deck may be attached to the structure or freestanding Decks shall be defined as accessory structures
DEDICATION shall mean the transfer of property interests from private to public ownership for a public purpose The transfer may be of fee simple interest or a less than fee interest, including an easement
DENSITY, GROSS shall mean a measure of the number of permitted dwelling units per gross area of land to be developed including proposed streets, easements and open space portions of a development Gross density shall be expressed in "dwelling units per acre " This measure is determined by dividing the number of dwelling units into the gross site area
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, 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 the Act
DEVELOPMENT APPLICATION shall mean any application deemed "complete" in accordance with. NJ Municipal Land Use Law 40:55D-10.3
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-10.
DEVELOPMENT FEES shall mean the money paid by an individual, person, partnership, association, company or corporation for the improvement of property in lieu of providing for the construction of affordable housing units within the Township as specified and required by this chapter and the New Jersey COAH rules
DIAMETER BREAST HEIGHT OR DBH - shall mean the diameter of a tree measured at a point four and one-half (4.5') feet above the surface of the natural grade.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2002-1.
DIRECT GLARE SOURCE - Any direct glare source visible from a height above five feet at the subject property line.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2003-3.
DISTURBANCE shall mean any activity involving the clearing, excavating, storing, grading, filling, or transporting of soil or any other activity which causes soil to be exposed to the danger of erosion
DIVERSION shall mean a channel with or without a supporting ridge on the lower side constructed across or at the bottom of a slope
DRIFTWAY shall mean a roadway or passageway which is not a street as defined herein but which prior to adoption of this chapter, has become an established use for owners of abutting lands having no frontage on any existing State, County, or municipal road for ingress or egress over the property of others, between a public street and the abutting properties Private roads or lanes entirely situated on a single property shall not be considered a driftway
DRIP LINE - shall mean a line connecting points on the ground that lie directly beneath the ends of the outermost stems of a tree.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2002-1.
DRIVEWAY shall mean a private strip of land, generally graded, intended for use as a means of vehicular or pedestrian access to an individual lot
DWELLING shall mean a building designed and occupied for residential purposes, excluding hotels, rooming houses, tourist homes, institutional homes, residential clubs, mobile home parks, and the like
1. SINGLE-FAMILY DETACHED DWELLINGS, 1 e, buildings designed for or occupied as a dwelling for one (1) family,
2. TWO-FAMILY DWELLINGS, i.e., buildings designed for or occupied as two (2) dwellings for two (2) families, and
3. MULTI-FAMILY DWELLINGS, i.e., buildings designed for, occupied, or used for dwelling purposes by three (3) or more families living independently of one another
DWELLING UNIT shall mean one (1) or more rooms for living purposes, together with cooking and sanitary facilities, which are used or intended to be used by one (1) or more persons living together and maintaining a common household Each shall be accessible from the outdoors either directly or through an entrance hall shared with other dwelling units
EASEMENT shall mean a right-of-way or restriction granted for limited use of private land within which the owner of the property may be restricted from erecting permanent structures but shall have the right to make any other use of the land which is not inconsistent with the rights of the grantee.
EAVES shall mean the lowest horizontal line of a sloping roof
ECHO unit shall mean Elder Cottage Housing Opportunity unit which is a small removable modular cottage in the rear or side yard of a dwelling The ECHO unit shall be a separate living quarters, accessory to a primary residence on the premises, not exceeding seven hundred fifty (750) square feet of gross floor area for the use of and occupancy by not more than two (2) persons who are related by blood, marriage or adoption to the owner who must occupy the primary residence on the premises One of the ECHO unit occupants shall be sixty (60) years of age or older
EMBANKMENT shall mean a man-made deposit of soil, rock, or other materials
EMPLOYEE shall mean a term referred to in the parking standards as a measure of the number of parking spaces required It shall refer to the maximum number of employees on duty at any time, whether the employees are full or part time If shifts are involved in which two (2) shifts overlap, it refers to the total of both shifts
ENFORCEMENT OFFICER shall mean the Zoning Officer, Construction Official or other individual appointed by the municipality to enforce this chapter within the jurisdiction of the municipality
ENVIRONMENTAL COMMISSION shall mean a municipal advisory board created pursuant to P L 1968, C 245 (C 40 56A-1 et seq. )
EQUALIZED ASSESSED VALUE shall mean the value of a property determined by the Municipal Tax Assessor through a process designed to ensure that all property in the municipality is assessed at the same assessment ratio or ratios required by law Estimates at the time of building permit may be obtained by the Tax Assessor utilizing estimates for construction cost Final equalized assessed value will be determined at project completion by the Municipal Tax Assessor
EROSION shall mean the process by which soil and bedrock are worn away
EXCAVATION OR CUT shall mean an act by which soil or soils are cut into, dug, quarried, uncovered, removed, displaced or relocated
EXISTING GRADE shall mean the vertical location of the existing ground surface prior to cutting or filling
EXISTING INDIVIDUAL LOT shall mean all existing lots identified and recorded in the Township's Map as of the date of adoption of this ordinance.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-10.
EXPANSION shall mean an addition to the floor area of an existing building, an increase in size of another structure, or an increase in that portion of a tract of land occupied by an existing use
FACADE shall mean the exterior wall, face, or plane of a building The area of the facade is computed by multiplying the distance between the corners of the facade by the distance from the average level of the finished grade of the ground to the eaves or parapet of the facade
FAMILY shall mean one (1) or more persons related by blood, foster relationship, marriage, or adoption, and, in addition, any domestic servants or gratuitous guests thereof, or a group of not more than five (5) persons who need not be so related, and, in addition, domestic servants or gratuitous guests thereof, who are living together in a single, dwelling unit and maintaining a common household with single cooking facilities A roomer, boarder, or lodger shall not be considered a member of the family
FAMILY DAY CARE HOME shall mean a private residence in which child care services are provided for a fee to not less than three (3) and no more than five (5) children at any one time for no less than fifteen (15) hours per week, and said use is registered as a family day care home pursuant to the "Family Day Care Provider Registration Act" P L 1987, c 27 (C 30-5B-16 et seq.)
FARM shall mean a lot of at least five (5) acres used solely for agricultural purposes, exclusive of the minimum lot area required for a building intended for habitation
FINAL PLAT shall mean the final map of all or 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 Hunterdon County Recording Office
FINISHED GRADE shall mean the final elevation of the ground surface conforming to the proposed design.
FLOOD - Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:
a. The overflow of inland or tidal waters and/or
b. The unusual and rapid accumulation or runoff of surface waters from any source.
A one hundred year flood (100 yrs.) is one that, on the average, is likely to occur once every one hundred (100 yrs.) years (i.e. that has a one percent (1%) chance of occurring each year, although the flood may occur more frequently.
A fifty year flood (50 yrs.) is one which, on the average, is likely to occur once every fifty (50 yrs.) years (i.e. that has a two percent (2%) chance of occurring each year), although the flood may occur more frequently.
A ten year flood (10 yrs.) is one which, on the average occurs every ten (10 yrs.) years (i.e. has a ten percent (10%) chance of occurring each year, although the flood may occur more frequently.
A five hundred year flood (500 yrs.) is one which, on the average, is likely to occur once every five hundred years (500 yrs.) (i.e. that has a two (.2%) percent chance of occurring each year), although the flood may occur more frequently.
**Webmasters Note: The previous definition has been amended as per Ord. No. 2001-8.
FLOOD ELEVATION, REGULATORY shall mean the one hundred (100) year flood elevation, plus a free board safety factor of one and one-half (1 1/2') feet.
FLOOD FRINGE shall mean that portion of the flood hazard area outside the floodway. The boundaries of the flood fringe are delineated on the Flood Insurance Study for the municipality and on the Flood Boundary and Floodway Maps (as further defined in Section 30-6 herein), such maps being a part of the Flood Insurance Study, the Flood Boundary and Floodway Maps are hereby incorporated into this chapter and shall be as much a part of this section as if all were fully described herein
FLOODPLAIN shall mean
1. A relatively flat or low land area adjoining a river, stream, or watercourse which is subject to partial or complete inundation; and/or
2. An area subject to the unusual and rapid accumulation or runoff of surface waters from any source.
The boundaries of the floodplain are delineated on the Flood Insurance Study and the Flood Boundary and Floodway Maps.
FLOODPLAIN DISTRICTS, designated shall mean those floodplain districts specifically designated in each municipality, as being inundated primarily by the one hundred (100) year flood. Such areas include the Floodway District, the Flood Fringe District, and the Approximated Floodplain District.
FLOODPLAIN SOILS shall mean areas subject to periodic flooding and listed in the Soil Survey of Hunterdon County, N.J., U S Department of Agriculture, Soil Conservation Service, November, 1974 as being "on the floodplain" or subject to "flooding."
The following soil types are floodplain soils
1. Alluvial land
2. Bowmansville silt loam.
3. Marsh.
4. Pope loam.
5. Raritan.
FLOODWAY shall mean the channel of a river or other watercourse and the adjacent land areas required to carry and discharge the flood of the one hundred (100) year magnitude without causing more than a two-tenths (0 2') foot rise above the current natural conditions The boundaries of the floodway are delineated on the Flood Insurance Study and the Flood Boundary and Floodways Maps referred to in Section 30-6.
FLOODPROOFING shall mean structural or other changes or adjustments to properties or obstructions for the reduction or elimination of flood damages to such properties and obstructions, or to the contents of the structure.
FLOOR AREA shall mean the sum of the areas of the several floors of a building measured from the outside face of the exterior walls or from centerlines of walls separating two (2) buildings. In particular, floor area includes, but is not limited to, the following:
1. Basement space, if it meets the requirements of a building story.
2. Elevator shafts, stairwells, and attic space (whether or not a floor has been laid) providing structural headroom of eight (8') feet or more.
3. Roofed terraces, exterior balconies, breezeways, or porches, provided that over fifty (50%) percent of the perimeter of these is enclosed.
4. Any other floor space used for dwelling purposes, no matter where located within the building.
5. Accessory buildings, excluding space used for off-street parking or loading berths.
6. Any other floor space not specifically excluded, excluding space used for air conditioning machinery or cooling towers and similar mechanical equipment serving the building and cellar space
FLOOR AREA RATIO shall mean the sum of the area of all floors of buildings or structures to the total area of the site.
FOOTCANDLE (FC) ; - A unit of illuminance on a surface one foot square in area onto which there is a uniform flux of one lumen
**Webmasters Note: The previous definition has been added as per Ordinance No. 2003-3.
FORESTRY shall mean the ongoing program of clearing or cutting timber resources within the forested or wooded areas and coordinated with a reforestation program. Forestry does not include authorized clearing in accordance with plans approved pursuant to this chapter, the issuance of a building permit, nor the removal of sick or dead trees.
FREEBOARD shall mean a margin of safety, expressed in feet above the one hundred (100) year flood elevation
FULL CUT OFF LIGHT FIXTURE - A light fixture with cutoff optics that allows no light emissions above a vertical cutoff angle of 90 degrees and a maximum of 10% of numeric value of the lamp lumen output radiates over an 80 degree angle above nadir( straight down at perfect vertical) through the light fixtures lowest light emitting part when mounting height is 16 feet or less. Any structural part of the light fixture providing this cutoff angle must be permanently affixed. No direct up light.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2003-3.
GLARE - The sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort or the loss of visual performance and visibility.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2003-3.
GOVERNING BODY shall mean the Township Committee, the chief legislative body of the municipality
GRADING shall mean any stripping, cutting, filling, stockpiling, or any combination thereof and shall include the land in its cut or filled condition
GRADING PERMIT shall mean a permit issued to authorize work to be performed under this chapter in situations not requiring subdivision or site plan approval
GRASSED WATERWAY shall mean a natural or constructed path, usually broad and shallow, covered with erosion resistant grasses, used to conduct surface water from a field diversion or other site feature
GROUND FLOOR shall mean the first floor of a building other than a cellar or basement
GROUND LEVEL TERRACE shall mean a level, landscaped, and/or surfaced area, also referred to as a ground level patio which does not rise above the existing grade, and is not covered by a permanent roof
HEDGEROW - Shall mean a grouping of ten (10) or more trees where the width group is less than the average height of the trees and the length of the group is at least four (4) times average height of the trees. Hedgerows are typically located along property lines or between areas of vegetation in earlier stages of succession or along roads and parallel thereto.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2002-1.
HEIGHT OF BUILDING shall mean the vertical distance measured from the average level of the finished grade along all the exterior walls of a building to
1. The highest point of the roof, in the case of a flat roof,
2. One-half (1/2) the distance between the top of the uppermost plate and the highest point of the roof, in the case of sloping roofs,
3. The highest point of any accessory structure or other irregularity which rises wholly or partly above the general or average roof line, and whose area equals or exceeds ten (10%) percent of the ground floor area of the building which supports it
HISTORIC DISTRICT - An Historic District means one or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.
**Webmasters Note: The previous definition has been added as per Ord. No. 2001-8.
HISTORIC SITE - An Historic Site means any real property, man-made structure, natural object or configuration or any portion or group of the foregoing of historical, archeological, cultural, scenic or architectural significance.
**Webmasters Note: The previous definition has been amended as per Ord. No. 2001-8.
HISTORIC TREE shall mean trees that are of unique historical value, as determined by the Planning Board in consultation with the Union Township Historical Society, and therefor constitute an important community resource
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-10.
HOME OWNERS ASSOCIATION shall mean an incorporated, non-profit organization operating in a cluster or planned development under recorded land agreements through which (a) each lot owner is automatically a member, (b) each occupied dwelling unit is automatically subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the Township, and (c) each owner and tenant has the right to use the common property
IESNA - Illuminating Engineering Society of North America. An organization that provides standards for the lighting industry.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2003-3.
IMPERVIOUS SURFACE shall mean
1. Those surfaces which do not absorb rain All buildings, parking areas, driveways, roads, sidewalks, and any areas in concrete, asphalt, and packed stone shall be considered impervious surfaces within this definition In addition, other areas determined by the municipal engineer to be impervious within the meaning of this definition will also be classed as impervious surfaces
2. Impervious Surface Ratio The impervious surface ratio is a measure of the intensity of use of a site, parcel or tract of land Impervious Surface Ratio is determined by dividing the total area of all impervious surfaces within the site, parcel or tract by the gross site area
IMPROVEMENTS shall mean buildings for public or quasi-public use, grading, paving, street lights and signs, fire hydrants, water mains, sanitary sewers, storm drains, sidewalks, crosswalks, bridges, culverts, monuments, retaining walls, and shade trees, as proposed or required, and intended for dedication to the municipality.
INCLUSIONARY DEVELOPMENT shall mean a performance subdivision or other type of residential development in which at least five (5%) percent of the units are reserved for low income households as defined by the New Jersey Council on Affordable Housing and in which at least five (5%) percent are reserved for moderate income households as defined by the New Jersey Council on Affordable Housing.
INTERESTED PARTY shall mean:
1. In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey, and
2. 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 Act, or whose rights to use, acquire, or enjoy property under this Act, or any other law of this State or of the United States have been denied, violated or infringed by an action or a failure to act under this Act
ISOLATED LOT shall mean an undeveloped substandard lot in separate ownership from surrounding property.
LAKES AND PONDS shall mean natural or artificial bodies of water which retain water year-round. Artificial ponds may be created by dams or result from excavation. The shoreline of such water bodies shall be measured from the permanent pool elevation. Lakes are bodies of water two (2) or more acres in extent Ponds are any body less than two (2) acres in extent
LAND shall mean and include improvements and fixtures on, above or below the surface.
LANDMARK TREES shall mean trees that are of unique ecological or aesthetic value, as determined by the Planning Board, and therefore constitute an important community resource
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-10.
LANDSCAPE EASEMENT shall mean a portion of land dedicated for landscaping and, more specifically, the installation or planting of landscape materials including but not limited to trees, shrubs, ground covers, turf and/or other planting materials. A landscape easement may be required as a landscape barrier or buffer between properties of different uses or between residential neighborhoods and arterial streets. and/or areas of a non-residential nature. Additionally, a landscape easement may be identified and delineated in a deed, plat plan and/or site plan.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-10.
LIGHT TRESPASS - Any form of artificial illuminance emanating from a light fixture or illuminated sign that penetrates other property and creates a nuisance, as specified in Section 30-7.5
**Webmasters Note: The previous definition has been added as per Ordinance No. 2003-3.
LOADING BERTH shall mean an area abutting the building especially designated for the loading and unloading of vehicles and which has convenient access to a storage location for the goods loaded or unloaded, such access being furnished by an elevated floor, a recessed vehicle parking area, a ramp, or other facility of like purpose
LOOP STREET shall mean a street which has two (2) points of intersection with the same road In its simplest form a loop street enters a tract, follows a course through it, and returns to the same road at some distance from the other intersection.
LOT shall mean a 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.
1. LOT AREA. The area contained within the property lines of a lot (as shown on the development), excluding space within an existing or future street right-of-way and within all permanent drainage easements, but including the areas of all other easements assigned an individual owner or to a given collective use by means of a subdivision of land. Open space required under this chapter shall not be counted as a portion of the lot area for the purposes of measuring lot area per dwelling unit
2. LOT AREA PER DWELLING UNIT, Average (Minimum). The minimum lot area which is expressed as an average of all lots for a single type of dwelling unit.
3. LOT DEPTH The distance from the street line of a lot to its opposite rear line, measured in the general direction of the side lines of the lot.
4. LOT WIDTH. The distance measured between the side lot lines at the required building setback line.
In a case where there is only one (1) side lot line, lot width shall be measured between such side lot line and the opposite rear lot line or street line
5. LOT LINE, FRONT. See Street line.
6. LOT LINE, REAL Any lot line which is parallel to or within forty-five (45) degrees of being parallel to a street line, except for a lot line that is itself a street line In the case of a lot having no street frontage or a lot of an odd shape, only the one (1) lot line furthest from any street shall be considered a rear lot line. In the case of a triangular lot, the yard setbacks will be determined by averaging the rear and side yard setback requirements for the district wherein the lot is located
7. LOT LINE, SIDE. Any lot line which is not a street line or a rear lot line.
LOWEST FLOOR shall mean the lowest floor of the enclosed area, including basement.
LOW INCOME shall mean total gross household income equal to fifty (50%) percent or less of the median household income for households of the same size and using the median income data for households accepted by the Council on Affordable Housing for the region which includes Union Township
MAINTENANCE GUARANTEE - means any security which may be accepted by a municipality for the maintenance of any improvements required by this act, including but not limited to surety bonds, letters of credit under the circumstances specified in Section 16 of P.L. 1991, c 256 (C.40:55D 53.5), and cash.
**Webmasters Note: The previous definition has been added as per Ord. No. 2001-8.
MANUFACTURED HOME shall mean a unit of housing which:
1. Consists of one (1) or more transportable sections which are substantially constructed off site and, if more than one (1) section, are joined together on site;
2. Is built on a permanent chassis;
3. Is designed to be used, when connected to utilities, as a dwelling on a permanent foundation, and
4. Is manufactured in accordance with the standards promulgated for a manufactured home by the Secretary pursuant to the "National Manufactured Housing Construction and Safety Standards Act of 1974", Pub. L. 93-383 (42 U.S.C. Section 5-401 et seq.) and the standards promulgated for a manufactured mobile home by the Commissioner pursuant to the "State Uniform Construction Code Act." P L 1975, c 217 (C 52 27D-119 et seq.);
5. For the purpose of this chapter, it shall be treated the same as a single-family detached dwelling and shall be constructed on a full permanent foundation.
MAINTENANCE GUARANTEE shall mean any security, other than cash, which may be accepted by the Township for the maintenance of any improvement required by the Municipal Land Use Law, Chapter 291 Laws of New Jersey, 1975.
MAJOR SUBDIVISION shall mean any subdivision not classified as a minor subdivision.
MASTER PLAN shall mean a composite of one (1) or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to Section 19 (C. 40:55D-28) of the Act.
MAYOR - means the chief executive of the municipality, whatever his or her official designation may be, except that in the case of municipalities governed by municipal council and municipal manager the term "mayor" shall not mean the mayor of such municipality.
**Webmasters Note: The previous definition has been added as per Ord. No. 2001-8.
MINOR SUBDIVISION shall mean a subdivision of land which does not involve (1) the creation of more than one (1) lot per calendar year and a remainder; (2) planned development; (3) any new street; or (4) extension of any off-tract improvements. No plat shall be classified as a minor subdivision if it results in any remaining lands capable of being resubdivided into one (1) or more building lots.
MOBILE HOME shall mean:
1. MOBILE HOME. A transportable, single-family dwelling intended for permanent occupancy, office, or place of assembly which is contained in one (1) unit, or in units designed to be joined into one (1) integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and which is constructed so that it may be used with or without permanent foundation. For the purposes of this chapter, travel trailers and campers are not considered as mobile homes.
2. MOBILE HOME LOT. A parcel of land in a mobile home park which is improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home and which is leased by the park owner to the occupants of the mobile home erected on the lot.
3. MOBILE HOME PARK. A parcel of land, or two (2) or more parcels of land, containing no fewer than ten (10) sites equipped for the installation of mobile homes, where these sites are under common ownership and control for the purpose of leasing each site to the owner of a mobile home for the installation thereof, and where the owner or owners provide services, which are provided by the municipality in which the park is located for property owners outside the park, which services may include but shall not be limited to.
(a) The construction and maintenance of streets;
(b) Lighting of streets and other common areas;
(c) Garbage removal;
(d) Snow removal; and
(e) Provisions for the drainage or surface water from home sites and common areas.
A parcel, or any contiguous parcels, of land which contain on the effective date of this Act, no fewer than three (3) sites equipped for the installation of mobile homes, and which otherwise conform to the provisions of this subsection shall quality as a mobile home park for the purposes of the Act.
MODERATE INCOME shall mean a total gross household income between fifty (50%) percent and eighty (80%) percent of the median household income for households of the same size and using the median income data for households accepted by the Council on Affordable Housing fort the region which includes Union Township.
MULCHING shall mean the application of plant or other suitable materials on the soils surface to conserve moisture, hold soil in place, and aid in establishing plant cover.
MUNICIPALITY shall mean the Township of Union.
MUNICIPAL AGENCY shall mean a municipal Planning Board or Board of Adjustment, or a governing body of a municipality when acting pursuant to this act and any agency which is created by or responsible to one (1) or more municipalities when such agency is acting pursuant to the Act
NATURAL GROUND SURFACE shall mean the ground surface in its original state before any grading, excavation or filling.
NONCONFORMING LOT shall mean a lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance but 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 shall mean 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 shall mean a use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which falls to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NURSERY GRADE QUALITY shall mean nursery stock that complies with the standards and recommended practices of the American Nursery and Landscape Association (ANLA) ANSI 260.1 and/or American Association of Nurserymen.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-10.
NURSING HOME shall mean a health care facility duly licensed as a nursing or convalescent care facility, which provides nursing care in addition to shelter and board, and for which a certificate of need has been issued by the New Jersey Department of Health
OBSTRUCTION shall mean any structure or assembly of materials including fill above and below the surface of land or water, and any activity which might impede, retard or change flood flows The planting, cultivation, and harvesting of field and orchard crops, or the grazing of livestock, including the maintenance of necessary appurtenant agricultural fencing, shall not be considered any obstruction under this definition and shall not be subject to regulation under these regulations.
OCCUPANT, OCCUPANCY shall mean the legal occupant of a building or premises licensed to engage in a business, residence, or profession, or exempt from license due to governmental, educational, religious, or other privileged status.
OFFICIAL COUNTY MAP shall mean the map, with changes and additions hereto, adopted and established by resolution of the County Board of Chosen Freeholders pursuant to N.J.S.A. 40-27-5.
OFFICIAL MAP - shall mean a map adopted by ordinance pursuant to NJ MLUL Chapter 291, Article 5 (C.40:55D-32 et seq.)
**Webmasters Note: The previous definition has been amended as per Ord. No. 2001-8.
OFF-SITE shall mean 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 shall mean 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 shall mean located on the lot in question.
ON-TRACT shall mean 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 AIR AUCTION HOUSE - An auction house shall be considered as a retail commercial use per Use E-1 or E-2 herein, conducted in a place where objects of art, furniture, and other goods are offered for sale to persons who bid on the object in competition with each other.
OPEN AIR AUCTIONS - Open Air Auctions are commercial uses per Section 30-5.3. herein, conducted in the open air on a recurring basis where objects of art, furniture, machinery, farm equipment and other goods are offered for sale to persons who bid on the object in competition with each other.
**Webmasters Note: The two previous definitions have been added as per Ord. No. 2001-8.
OPEN SPACE shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and off street parking and other improvements that are designed to be incidental to the natural openness of the land.
1. OPEN SPACE, COMMON. An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of the residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development not including streets, off-street parking areas, and areas set aside for public facilities. Common open space includes both developed (active) and undeveloped (passive) open space.
2. OPEN SPACE, DEVELOPED (ACTIVE). Land without resource restrictions which is set aside for use as active recreational areas, such as playfields, playgrounds, skating rinks, swimming pools, tennis courts, and areas for water management (storm, waste, potable supply).
3. OPEN SPACE, UNDEVELOPED (PASSIVE). Land used for passive recreation, agriculture, resource protection, amenity, or buffers and protected from farther development by the provisions of this chapter to insure that it remains as open space.
OUTDOOR ENCLOSED LIGHT FIXTURE - An electrically powered illuminating device which is either temporarily or permanently installed outdoors, including but not limited to, devices used to illuminate any site, architectural structure or sign. The face of the lamp must be recessed within the enclosure and any glass/plastic protective or diffusing device cannot extend beyond that enclosure.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2003-3.
OUTDOOR FIXTURE - Light Fixture suitable for outside use.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2003-3.
OWNER shall mean any individual, firm, association, syndicate, copartnership, or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
PARAPET shall mean the top of a building wall or facade which is raised above the roof.
PERFORMANCE GUARANTEE - means any security, which may be accepted by a municipality, including but not limited to surety bonds, letters of credit under circumstances specified in Section 16 of P.L. 1991, c. 256 (C. 40:55D-53.5), and cash.
**Webmasters Note: The previous definition has been amended as per Ord. No. 2001-8.
PERFORMANCE SUBDIVISION shall mean a subdivision in which mixed residential types are encouraged in order to promote appropriate land planning and to provide a variety of housing choices and to encourage clustering so as to provide open space. Provided, however, that any proposed project in the AP or CR Zones created under the performance subdivision provision herein shall not contain an excess of more than ten (10%) percent of the total lots or units that could have been created in a standard subdivision or site plan under the provisions for a conventional project in the same district.
**Webmasters Note: The previous definition has been amended as per Ord. No. 2001-8.
PERSON shall mean natural persons, corporations and all other entities.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-10.
PLANNING BOARD shall mean the Union Township Planning Board established pursuant to Section 14 (C.40:55D-23) of the Act.
PLAT shall mean a map or maps of a subdivision or site plan.
POLLUTION shall mean the contamination of any waters such as will create a nuisance or to render such waters harmful, detrimental, or injurious to public health, safety, or welfare, or to domestic, municipal, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses; or to livestock, wild animals, birds, fish, or other aquatic life, including but not limited to such contamination by alteration of the physical, chemical, or biological properties of such waters, or change in temperature, taste, color, or odor thereof, or the discharge of any liquid, gaseous, radioactive, solid, or other substances into such waters.
PRELIMINARY PLAT shall mean the preliminary plat indicating the proposed layout of the subdivision which is submitted to the secretary of the Planning Board for Planning Board consideration and tentative approval, and meeting the requirements of this chapter.
PREMISES shall mean any tax parcel within a municipality.
PRIVATE GARAGE shall mean an accessory building for the storage of motor vehicles owned and operated by the occupants of the principal building and which no occupation, business or service for a fee either monetary or otherwise is carried on. Said buildings shall be limited in total capacity to three (3) vehicles.
PRINCIPAL LOT shall mean the main purpose for which a lot or building, or portion of a lot or building, is used.
PUBLIC AREAS shall mean.
1. Public parks, playgrounds, paths and other recreational areas,
2. Other public open spaces,
3. Scenic and historic sites, and
4. Sites for schools and other public buildings and structures
PUBLIC DEVELOPMENT PROPOSAL shall mean a master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereof
PUBLIC UTILITY OPERATING FACILITY shall mean any building or structure or extension thereof used, or to be used, by a public utility, corporation or authority for public utility purposes
PUBLIC VIEW Visible from a public thoroughfare, public lands or buildings, public pathways, trails, bicycle paths or waterways or from private property not owned by the applicant.
**Webmasters note: The previous definition has been added as per Ordinance No. 98-7, Amendment 44
QUORUM shall mean the majority of the full authorized membership of a municipal agency
RAISED TERRACE shall mean a level, landscaped, and/or surfaced area, also referred to as a raised patio, that is raised above the existing grade, and is not covered by a permanent roof Raised terraces shall be defined as accessory structures
RECYCLING AREA shall mean a space allocated for the collection and storage of source separated recyclable materials
REPLACEMENT TREES shall mean any deciduous or evergreen woody plant of the caliper required in this chapter, planted for the purpose of replacing trees, removed.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-10.
REQUIRED RESOURCE PROTECTION RATIOS See Section 30-6.4.a.3.(b)(5), Resource Protection Ratio
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-10.
RESIDENTIAL CLUSTER shall mean an area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance
RESIDENTIAL DENSITY shall mean the number of dwelling units per gross acre of residential land area including streets, easements and open space portions of a development
RESIDENTIAL SHED shall mean a building accessory to a detached dwelling unit which is utilized for the storage of tools, lawn and garden equipment and furniture and similar household items and personal property owned by the occupants of the detached dwelling unit
RESOURCE PROTECTION shall mean
1. RESOURCE PROTECTION LAND, Resource protection lands include that portion of lands in floodplain, floodplain soils, lakes or ponds, wetlands, shorelines, steep slopes, various woodland associations, agricultural soils, and aquifer recharge areas that must remain undeveloped as determined by the resource protection ratio
2. RESOURCE PROTECTION RATIO A measurement of the development constraints of a natural resource Development may encroach upon a portion of the total area of some natural resources The extent of that encroachment is determined by dividing the area of the encroachment by the resource protection land
RESUBDIVISION shall mean
1. The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved according to law or
2. The alteration of any streets or the establishment of any new streets within any subdivision
RETENTION BASIN shall mean a pond, pool or basin used for the permanent storage of water runoff
REVERSED FRONTAGE LOT shall mean a lot extending between and having frontage on a major street and a minor street with vehicular access solely from the minor street
RIGHT-OF-WAY shall mean
1. RIGHT-OF-WAY land set aside for use as a street, alley, or other means of travel
2. EXISTING RIGHT-OF-WAY The legal right-of-way as established by the State of New Jersey or other appropriate governing authority and currently in existence
3. ULTIMATE RIGHT-OF-WAY The right-of-way deemed necessary by the Comprehensive Master Plan for Union Township or approved plans of Hunterdon County or the State Department of Transportation
ROAD CLASSIFICATION shall mean the classification of roads as described in the Comprehensive Master Plan for Union Township or approved plans of Hunterdon County or the State Department of Transportation
ROOF LINE shall mean the highest continuous horizontal line of a roof On a sloping roof the roof line is the principal ridge line, or the highest line common to one (1) or more principal slopes of roof On a flat roof, the roof line is the highest continuous line of the roof
SAPLING - shall mean any immature woody plant having at least one stem greater than three fourths (0.75") inch and less than three (3") inches in diameter at a point four and one half (4.5') feet above the natural ground surface and having a mature height of greater than twenty (20') feet.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2002-1.
SEDIMENTATION shall mean the deposition of solid material, both mineral and organic, that was in suspension and that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion
SEDIMENT BASIN shall mean a barrier or dam built across a waterway or at other suitable locations to retain rock, sand, gravel, silt, or other material
SEDIMENT POOL shall mean a reservoir space allotted to the accumulation of submerged sediment during the life of a structure
SEWER FACILITY shall mean any municipality or privately owned sewer system in which sewage is collected from several buildings on a single property or from several lots and treated at a common plant The design, operation, and location of the sewer plant shall be in accordance with the waste water policies of Union Township, participating municipalities and the State Department of Environmental Protection For the purposes of this chapter, community sewage systems shall be defined in accordance with the administrative regulations of the Department of Environmental Protection
SHRUB - shall mean a single or multi-stem woody plant having a mature height of less than 20 feet.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2002-1.
SIGHT DISTANCE TRIANGLE - A triangular - shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection; also known as sight easement.
**Webmasters Note: The previous definition has been added as per Ord. No. 2001-8.
SIGN shall mean
1. SIGN Any letter, number, symbol, figure, character, mark, plane, design, picture, stroke, strike, trademark, or combination of these which is constructed, placed, attached, painted, erected, fastened, or manufactured in any manner whatsoever, which is used to the attraction of the public to any place, subject, person, firm, corporation, public performance, article, or merchandise, and which is displayed in any manner whatsoever so that it can be seen from the right-of-way of a public street or highway, including permanent window signs placed inside windows to attract attention of those outside in the public right-of-way
2. SIGN, OFFICIAL TRAFFIC AND HIGHWAY Official highway route number signs, street name signs, directional signs, and other traffic signs erected and maintained on public highways and roads in the interest of public safety or for the regulation of traffic
3. SIGN, OUTDOOR ADVERTISING. A type of freestanding sign which directs attention to a business, industry, profession, commodity, service, or entertainment not necessarily sold or offered on the premises where the sign is located
4. SIGN, PORTABLE. Any sign displayed for thirty (30) days or less, not permanently affixed to the ground, including but not limited to sandwich boards, posters, bunting and signs on wheels
SINGLE AND SEPARATE OWNERSHIP shall mean the ownership of a lot, tract, or parcel of land by one (1) or more persons, partnerships, corporations or other legal entities, which is separate and distinct from the ownership of any abutting or adjoining lot, tract, or parcel Separate and distinct means that the lot, tract, or parcel owned does not abut or adjoin any other lot, tract, or parcel of land under the ownership or control of the same one (1) or more persons, partnerships, corporations, or other legal entities.
SITE AREA shall mean
1. SITE AREA, GROSS The total area of the site, parcel or tract as established by actual survey, excluding all lands within all existing roads and their ultimate rights-of-way and all land areas without development opportunities due to restrictions such as restrictive covenants and conservation easements
2. SITE AREA, SURVEY All land area within the site, parcel or tract as defined by the deed Area shall be determined from an actual site survey rather than from a deed description
3. SITE AREA, NET BUILDABLE That portion of the gross site area remaining for actual site development purposes after the amount of open space necessary for resource protection and recreation has been calculated
SITE PLAN shall mean 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 other signs, lighting and screening devices, and any other information that may be reasonably required in order to make an informed determination concerning the adequacy of the plan in accordance with the requirements of this chapter
1. MINOR SITE PLAN A development plan of one (1) or more lots which proposes new development within the scope of development specifically permitted by ordinance as a minor site plan, does not involve planned development, any new street or extension of any off-tract improvement et seq. , is less than ten (10) acres in site area, and contains the information reasonably required in order to make an informed determination pursuant to the provisions of this chapter requiring review and approval of site plans by the Planning Board or Zoning Board of Adjustment
2. MAJOR SITE PLAN Any development plan not classified as a minor site plan
SKETCH PLAT shall mean the sketch map of a subdivision used for the purpose of classification and meeting the requirements of this chapter
SKY GLOW - Luminance in the atmosphere caused by dust, water vapor, and other particles that reflect and scatter any stray lighting that is reflected or emitted into the atmosphere.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2003-3.
SLOPE shall mean degree of deviation of a surface from the horizontal, usually expressed in percent
SOIL shall mean all unconsolidated mineral and organic matter of whatever origin that underlies bedrock and which can be readily excavated
SOIL EROSION AND SEDIMENT CONTROL PLAN shall mean a plan which fully indicates necessary land treatment measures, including a schedule for the timing of their installation, which will effectively minimize soil erosion and sedimentation Such measures shall be in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee
SPECIMEN TREE shall mean any of the following:
a) A tree with a dbh or circumference equal to or greater than seventy-five (75%) percent of that of the largest tree in New Jersey of the same species as listed by the New Jersey Department of Environmental Protection;
b) A tree greater than thirty-six (36") inches dbh;
c) A coniferous tree greater than one-hundred (100) feet in height;
d) A tree of any size listed as a rare, threatened or endangered species by the New Jersey Department of Environmental Protection;
e) A dogwood (Corpus florida) greater than ten (10") inches dbh;
f) A tree one hundred (100) or more years of age;
**Webmasters Note: The previous definition has been amended as per Ordinance No. 2004-10.
START OF CONSTRUCTION shall mean and include substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within one hundred eighty (180) days of the permit date The actual start means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation
STORY shall mean that part of a building located between the surface of any floor and the floor or roof next above The first story of a building is the lowest story having fifty (50%) percent or more of its area above grade level or having the floor at the level of the exterior grade on one (1) or more sides A half (1/2) story is a story under a gable, hip, or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than two (2') feet above the floor Also see Basement, herein
STREET shall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way (1) which is an existing State, County or municipal roadway, or (2) which is shown upon a plat heretofore approved pursuant to the law, or (3) which is approved by official action as provided by this Act, or (4) which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land 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. The specific classification for each street is shown on the "Street Classification Map," in the master plan and is hereby made a part of this chapter.
1. Thoroughfares.
(a) MAJOR ARTERIAL, a continuous route having trip length and travel density characteristics indicative of substantial statewide or interstate travel. These streets are State expressways and highways.
(b) MINOR ARTERIAL, a route providing interstate and intercounty service.
(1) MAJOR COLLECTOR, a route which should link places of traffic generation with nearby larger towns or with more important intracounty corridors
(2) MINOR COLLECTOR, a route which is provided at intervals, consistent with population density, to collect traffic from local streets.
2. Local streets.
(a) RURAL LOCAL ROAD (feeder street), designed to function as an intersector and intra-township facility, serving as a feeder route to the arterial system and also serving inter-township travel
(b) RESIDENTIAL COLLECTOR, a street which carries residential neighborhood, traffic, but which provides no or limited residential frontage.
(c) RESIDENTIAL SUBCOLLECTOR, a street providing access to abutting properties and may also conduct traffic from residential streets that intersect it.
(d) RESIDENTIAL ACCESS, designed to serve the properties fronting thereon, generally to discourage through traffic.
(e) ALLEY, a minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street
(f) DRIVEWAY, generally a private way for vehicular and pedestrian access between a public street and a parking area within a lot or property.
(g) CUL-DE-SAC, a local street intersecting another street at one (1) end and terminating in a vehicular turnaround at the other end.
(h) HALF (PARTIAL) STREET, a street generally parallel and adjacent to a property line, having a lesser right-of-way width than normally required for movement and use of the street.
(i) MARGINAL ACCESS STREET.
STREET LINE shall mean the dividing line between the street and the lot The street line shall be the same as the legal right-of-way; provided that where an ultimate right-of-way width for a road or street has been established in the adopted master plan or official map, that width shall determine the location of the street line
STRIPPING shall mean any activity which removes or disturbs the vegetative surface cover including clearing and grubbing operations
STRUCTURE shall mean a 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, including gas and liquid storage tanks and mobile homes
STORMWATER DETENTION shall mean any storm drainage technique that retards or detains runoff, such as a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells or any combination thereof
SUBDIVIDER shall mean any individual, firm, association, syndicate, copartnership, corporation, trust, or any other legal entity commencing proceedings under this chapter to affect a subdivision of land hereunder for himself or for another with the written consent of the owner according to the provisions of this chapter.
SUBDIVISION shall mean a 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 chapter if no new streets are created:
1. Divisions of land found by the Planning Board to be for agricultural purposes where all resulting parcels are five (5) acres or larger in size
2. Divisions of property by testamentary or intestate provisions,
3. Divisions of property upon court order; and,
4. Conveyances so as to combine existing lots by deed or other instrument.
The term subdivision shall also include the term resubdivision.
SUBSTANTIAL ADDITIONS TO MOBILE HOME PARKS shall mean any repair, reconstruction, or improvement of an existing mobile home park or mobile home subdivision where such repair, reconstruction, or improvement of the streets, utilities and pads will equal or exceed fifty (50%) percent of the value of the streets, utilities and pads before the repair, reconstruction, or improvement is started.
SUBSTANTIAL IMPROVEMENTS shall mean any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty (50%) percent of the market value of the structure either before the improvement or repair is started, or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure The term does not, however, include either any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or any alteration to a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
SUBSTANTIVE CERTIFICATION shall mean a determination made by COAH approving a municipality's housing element and fair share plan in accordance with the provisions of the Act and the rules and criteria as set forth herein A grant of substantive certification shall be valid for a period of six (6) years in accordance with the terms and conditions contained therein
SWIMMING POOL shall mean:
1. SWIMMING POOL, PERMANENT. A pool which by the nature of its construction attaches to and becomes part of the realty upon which it is constructed, regardless of whether it is below ground, partially above the ground surface, or completely above the ground surface All artificial bodies of water will fall within this classification if their construction normally requires excavation, except for exemptions for ornamental pools as noted in Section 30-5.
2. SWIMMING POOL, SEMI-PERMANENT. A pool which by the nature of its construction is erected above ground level and is reasonably capable of being dismantled on a seasonal basis. A pool capable of being filled to a depth of more than thirty-six (36") inches at the deepest or lowest point, is within the classification of permanent swimming pool.
3. SWIMMING POOL, PRIVATE, RESIDENTIAL. Private residential swimming pools shall mean and include artificially constructed pools whether located above or below the ground, having depth of more than two (2') feet and/or a water surface of forty (40) square feet, designed and maintained for swimming and bathing purposes by an individual for use and shall include all accessory buildings, structures and equipment
4. SWIMMING POOL, PUBLIC OR PRIVATE CLUB Public or private club swimming pools shall mean and include either outdoor or indoor pools which are artificially constructed to provide recreational facilities for swimming, bathing or wading
TEMPORARY PROTECTION shall mean stabilization of erosive or sediment producing materials.
TOTAL BASAL AREA shall mean the area of a plane passed through the stem of a tree at right angles to its longitudinal axis and at a height of 4.5 feet above the ground. Because the area approximates a circle it can be computed from the following formula: r2 where r equals one-half the diameter of the tree at 4.5 feet above the ground. Where a tree contains multiple stems, total basal area for the tree shall be the sum total of the basal area for each stem as calculated using the methodology set forth above.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-10.
TREE shall mean any woody plant having at least one stem greater than three inches in diameter at a point four and one half (4.5) feet above the natural ground surface and having a mature height of at least twenty 20 feet
**Webmasters Note: The previous definition has been amended as per Ordinance No. 2004-10.
TREE REMOVAL - shall mean any action that results in the death or significant degradation of the health or vigor of a tree. Activities that result in tree removal include, but are not limited to, the following:
Cutting;
Girdling;
Excessive pruning;
Placement of greater than six (6) inches of fill within the drip line;
Excavation within the drip line;
Tilling of soil within the drip line;
Compaction of soil within the drip line;
Application or discharge of chemicals, and
Flooding or changes in natural soil moisture.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2002-1.
TREE REMOVAL APPLICATION shall mean the application form, as approved by the Township Committee, to be submitted by an applicant in connection with any proposed Tree Removal activity as described in this ordinance.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-10.
TREE REMOVAL APPLICATION FEE shall mean the fee, as approved by the Township Committee, to be collected with each Tree Removal Application submitted to the Township of Union.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-10.
TREE REPLACEMENT PROCEDURES shall refer to the minimum standards set forth in this Chapter regarding planting requirements for "Replacement Trees" and including but not limited to those set forth in section d as well as those set forth as "Accepted Nursery Practices" and/or recommended practices of the American Nursery and Landscape Association.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-10.
TREE REMOVAL shall mean any action that results in the death or significant degradation of the health or vigor of a living tree including but not limited to the following:
a) Cutting the main stem of the tree;
b) Girdling the main stem of the tree
c) Excessive pruning;
d) Placement of greater than six (6) inches of fill within the drip line;
e) Excavation within the drip line;
f) Tilling of soil within the drip line;
g) Compaction of soil within the drip line
h) Placement of or application of any material, chemicals or other substance, whether on the ground or upon the tree or its root system, which will impede the free access of air and water to a tree's living components.
i) Application. of any substance to any part of a tree, including roots, with the intention to injure, kill or destroy a tree.; and
j) Flooding or changes in natural soil moisture.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-10.
TREE REMOVAL PERMIT shall mean written authorization issued by the Union Township Zoning Officer authorizing the removal of a designated tree or trees identified in the applicant's tree removal permit application.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-10.
USE shall mean.
1. USE. Any activity, occupation, business, or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land.
2. USE, ACCESSORY. A use located on the same lot with a principal use, and clearly incidental or subordinate to, and in connection with, the principal use.
3. USE, PRINCIPAL. The main use on a lot.
UTILITIES shall mean those services customarily rendered by public utility corporations, municipalities, or municipal authorities, in the nature of electricity, gas, telephone, water and sewerage, including the appurtenances used in connection with the supplying of such services (buildings, wires, pipes, poles, and the like)
VARIANCE shall mean permission to depart from the literal requirements of a zoning ordinance pursuant to Section 47 and subsections 29.2b., 57c. and 57d. (C. 40 55D-40b, C. 40-55D-70c., C. 40 55D-70d ) of the Act
VEGETATIVE PROTECTION shall mean stabilizations of erosive or sediment producing areas, by covering the soil with permanent seeding, producing long term vegetative cover; short term seeding producing temporary vegetative cover; or sodding, producing areas covered with turf of perennial sod forming grass
WATERCOURSE shall mean any natural or artificial waterway, stream, river, creek, ditch, channel, millrace, canal, conduit, culvert, drain, gully, ravine, or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel, bed, and banks, and shall include any area adjacent thereto subject to inundation by reason of overflow of flood water
WETLANDS shall mean areas known as marshes, swamps, or wetlands, including all areas with a slope of less than one-half (0.5%) percent or less and greater than one-quarter (1/4) of an acre where standing water is retained for a portion of the year and unique vegetation has adapted to the area.
WIRELESS TELECOMMUNICATIONS EQUIPMENT COMPOUND. A fenced-in area which houses wireless telecommunications buildings, antennas, equipment and/or towers.
WIRELESS TELECOMMUNICATION TOWER. A vertical structure designed to support wireless telecommunications antennas which may be of monopole or self-supporting or guyed lattice construction.
**Webmasters note: The two previous definitions have been added as per Ordinance No. 98-7, Amendment 44
WOODLAND shall mean areas, groves, or stands of mature or largely mature trees (i.e. greater than six (6") inches caliper as measured at a point four and one half feet (4.5') above grade covering an area greater than one-quarter (1/4) acres; or groves of mature trees greater than twelve (12") inches caliper as measured at a point four (4.5') feet above grade consisting of more than ten (10) individual trees.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-10.
WOODLAND MANAGEMENT PLAN see "Woodland Management Plan"
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-10.
WOODLAND MANAGEMENT PLAN shall mean a written plan, prepared by a "Certified Forester" and in accordance with N.J.S.A 54:4-23.3, that outlines proposed management of woodlands, forests and/or trees on a particular property.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-10.
WOODLANDS shall mean areas, groves, or stands of mature or largely mature trees (i.e. greater than six (6") inches caliper as measured at a point four (4') feet above grade) covering an area greater than one-quarter (1/4) acres; or groves of mature trees (greater than twelve (12") inches caliper as measured at a point four (4') feet above grade) consisting of more than ten (10) individual trees. Woodlands consist of three (3) different associations which can be determined by field survey in combination with air photo interpretation:
1. Floodplain/Palustrine Association. This type of woodland association occurs primarily on floodplains or somewhat poorly drained, poorly drained or very poorly drained soils which contain dominant tree species, with associated under story. Typical mature trees within this association consist of:
(a) Red Maple, White Ash, Silver Maple, Pin Oak, Black Willow, Sycamore, Sweet Gum or
(b) Red Maple, American Elm, Slippery Elm, Pin Oak, White Ash, Beech, or,
(c) Red Maple, Slippery Elm, White Ash, Swamp White Oak, or,
(d) Red Maple, Black Gum, or
(e) White Ash, Sweet Gum
2. Mesic Association. This type of woodland association occurs where soil moisture and aeration lie between somewhat poorly drained and excessively drained soils. Over time these woodlands may consist mostly of beech trees. Mature trees within this association consist of
(a) Sweetgum/Red Maple, or
(b) Red Maple/Ash/Tulip Poplar, or,
(c) Oak/Sweetgum/Red Maple, or,
(d) Oak/Red Maple/Ash/Tulip Poplar, or,
(e) Oak/Hickory/Beech.
3. Upland Association. This type of woodland association occurs on drier and excessively drained soils. Over time these woodlands will consist mostly of mixed oaks. Mature trees within this association consist of
(a) Black Locust, or,
(b) Oak/Hickory;
(c) Red Pine.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 2004-10.
WOODED LOT shall mean any area with more than ten (10) trees greater than six (6") inches in caliper measured at a point four (4') feet above grade on any half (1/2) acre of a subdivided lot for single-family detached dwelling.
YARD shall mean
1. YARD. An open space unobstructed from the ground up, on the same lot with a structure, and extending along the lot line or street line inward to the structure. The size of a required yard shall be measured as the shortest distance between the structure and a lot line or street line.
2. YARD, FRONT. A yard between a structure and a street line and extending the entire length of the street line. In the case of a lot that fronts on more than one (1) street, the yards extending along all streets are front yards.
3. YARD, REAR. A yard between a structure and a rear lot line and extending the entire length of the rear lot line
4. YARD, SIDE A yard between a structure and a side lot line, extending from the front yard to the rear yard. In the case of a lot having no street frontage or a lot of odd shape, any yard that is not a front yard or a rear yard shall be considered a side yard.
ZONING OFFICIAL/OFFICER shall mean the Zoning Officer of the Township of Union, Hunterdon County.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2004-10.
ZONING PERMIT shall mean a document signed by the administrative officer (1) which is required by ordinance as a condition precedent to the commencement of a use or 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 provisions of the municipal zoning ordinance or variance therefrom duly authorized by a municipal agency pursuant to Sections 47 and 57 (C 40 55D-60, C 40 55D-70) of the Act. (Ord No 85-9, §§2 00, 2 01, Ord No 86-4, §1, Ord No 86-10, §1, Ord No 88-5, §1, Ord No 88-11, §1, Ord No 90-2, §1, Ord No 93-4, §1, Ord No 93- 11, §1, Ord No 94-8, §1, Ord No 94-9, §1, Ord No 95-8, §1, Ord No 96-16, §1, Ord No 96-17, §1)
AGRICULTURAL USE . The production, keeping or maintenance of plants or animals for sale, lease or personal use.
APPROVAL AUTHORITY . The local land use board constituted pursuant to N.J.S.A. 40:55D-1, et. seq. which, for applications involving site plan or subdivision approval, is the planning board or zoning board of adjustment.
BEDDING . The arrangement of a sedimentary rock in layers of varying thickness and character.
BEDROCK . A general term for the rock that underlies soil or other unconsolidated material. directed at preserving the water quality and assuring the safety of any planned facility or improvement built over carbonate rocks.
CARBONATE AREA DISTRICT . The Carbonate Area District is comprised of the Carbonate Rock District and the Carbonate Drainage Area.
CARBONATE DRAINAGE AREA . Watershed areas which directly drain into the Carbonate Rock District.
CARBONATE ROCK . Rock consisting chiefly of calcium and magnesium carbonates.
CARBONATE ROCK DISTRICT . Those land areas underlain by carbonate rock formations.
CAVE . A natural opening of a size permitting human exploration and extending into a region of sharply reduced or no light.
CLOSED DEPRESSION . A shallow, dish-shaped hollow on the land surface which. in areas of limestone geology, may be indicative of old sinkholes or incipient collapse.
COLLAPSE SINKHOLE . A sinkhole caused by the collapse of the roof of a bedrock cavern.
DEVELOPMENT . For this section development shall be defined as set forth in the MLUL
DISAPPEARING STREAM . A stream that enters the subsurface through a sinkhole or other entrance.
DISSOLUTION . A space or cavity in or between rocks, formed by the solution of part of the rock material.
DOLINE . See sinkhole.
DOLOMITE . A carbonate rock that contains more than 15 percent magnesium carbonate.
DRAINAGE . The process by which water moves from an area by stream or overland sheet flow and/or the removal of excess surface water from soil by downward flow through the soil profile.
FAULT . A surface or zone of rock fracture along which there has been noticeable differential movement.
FISSURE. An extensive crack, break, or fracture in the rock.
GEOLOGIC INVESTIGATION PROGRAM . A program, which identities the geologic nature of the bedrock materials underlying the site and provides solutions directed at preserving the water quality and assuring the safety of any planned facility or improvement built over carbonate rocks.
JOINT . A fracture in rock generally more or less vertical or transverse to bedding, along which no appreciable movement has occurred.
KARST . A type of topography that is formed over limestone or dolomite by dissolving or solution of the carbonate rocks, characterized by sinkholes, closed depressions, caves, solution channels, internal drainage, and irregular bedrock surfaces.
LIMESTONE . A carbonate sedimentary rock consisting primarily of calcium carbonate. Limestone is commonly used as a general term for that class of rocks, which consists of at least 80 percent calcium or magnesium carbonate. In this chapter the term "limestone" shall be used generically to refer to carbonate rocks, limestone formations and Precambrian marble.
LINEATION . Any straight line or alignment of natural features seen on an aerial photograph or any geographically referenced source. Although some lineations may be geologically controlled, ground-based geologic investigations are necessary to define their existence and significance.
MARBLE . A metamorphic rock consisting primarily of crystallized limestone or dolomite.
OUTCROP . An exposure of bedrock projecting through the ground surface.
PINNACLE. An irregular rock projection often buried beneath the ground surface.
SHEAR ZONE . A zone in which shearing has occurred on a large scale so that the rock is crushed and brecciated (broken).
SINKHOLE (DOLINE) . A localized land subsidence, generally a funnel-shaped or steep-sided depression, caused by the dissolution of underlying carbonate rocks or the subsidence of the land surface into a subterranean passage, cavity or cave. Sinkholes are formed by the underground removal of soil and rock material.
SOIL . The material found in the surface layer of the earth's crust which may be moved by a spade or shovel.
SOLUTIONED CARBONATES . Carbonate rocks that have had cavities formed, fractures widened, and passages in the rock created through the dissolution of the rock by the passage of surface water.
SOLUTION CHANNELS . Tubular or planar channels formed by solution in carbonate rock terrains, usually along joints and bedding planes. These openings may serve as the water-bearing openings in carbonate rocks.
SOLUTION SINKHOLE . A depression formed from the slow dissolution of bedrock.
SPRING . A place where water naturally flows from rock or soil upon the land or body of surface water.
SUBSIDENCE SINKHOLES . Sinkholes formed by the downward settlement of unconsolidated overburden into openings in the underlying, soluble bedrock.
SURFACE RUNOFF . The part of the precipitation that passes over the surface of the soil.
VOID . Opening in the soil or rock materials.
ADVERSE ENVIRONMENTAL IMPACTS shall mean an impact which contributes to a harmful or degraded condition and/or produces an environmental harm or degradation Adverse environmental impacts may include: A negative impact on surrounding land uses; negative impacts which are contrary to the master plan for the Township and the intent of the Land Use Code, negative impacts which may create a threat to the public health, safety and general welfare; and negative impacts on physical and biological resources.
ALTERNATIVES shall mean choices between or among two (2) or more plans, layouts, approaches, solutions or results.
BENEFICIAL EFFECTS shall mean results contributing to an improvement in condition and/or producing a favorable result such as making a use more compatible with the intent of the Land Use Code and the goals of the master plan and promoting the public health, safety and general welfare.
BIOLOGICAL RESOURCES shall mean characteristics of the natural environment manifest in its flora and fauna. The disposition of these characteristics is typically expressed in vegetation and/or wildlife units such as: field and meadow; tree, woodland or forest stands and related understory and ground cover growth, and aquatic and terrestrial wildlife and/or their habitats.
COMMUNITY FACILITIES shall mean the services which provide for various community health, education, safety, leisure, and like needs and the locations at which these services are provided. Typical community facilities include. schools; parks and recreation areas; libraries; hospitals and other health- care facilities; fire protection, police protection; ambulance and rescue services; and postal services.
CULTURAL ENVIRONMENT shall mean a representation of man's influence on land and/or water through the use, organization, adornment and maintenance of property and structures.
DEMOGRAPHIC CHARACTERISTIC shall mean characteristics related to the distribution, density and vital statistics of populations.
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 the Municipal Land Use Code.
ECONOMIC AND FISCAL CHARACTERISTICS shall mean characteristics related to the expenditures and revenues in conjunction with the management of income of a household, private business, community, association, and/or government.
ENVIRONMENT shall mean the conditions, resources and/or characteristics which exist within and surround the area to be affected by a proposed project including, but not limited to: natural elements such as land, water, air, minerals, natural flora and natural fauna; and manmade components such as objects of historic or aesthetic significance, infrastructure, and man-related attributes of a social and economic nature.
HISTORIC RESOURCES shall mean sites, areas, structures, trails and/or routes which are valued due to their significance as examples and/or location of events, customs, skills, and/or arts of the past.
IMPACT shall mean the power of an event or condition to produce changes in other conditions. In the context of impact exerted on the environment, changes which affect existing conditions and/or quality are of greatest concern.
IMPACT STATEMENT REPORT shall mean an assessment which objectively describes, analyzes, and documents both the beneficial and adverse environmental and cultural effects of a proposed project and the measures to be undertaken to mitigate adverse effects in accordance with the provisions set forth in the Land Use Code
INFRASTRUCTURE shall mean the basic installations and facilities on which the continuance and growth of a community depend such as roads, schools, electrical transmission facilities, transportation and communication systems, and sewer and water systems.
LONG TERM EFFECTS shall mean results which are manifest for or extending over a period of greater than two (2) years.
MITIGATION shall mean the act of precluding a potentially adverse effect and/or making a potentially adverse effect less severe through measures which will improve a condition and/or lessen the impact.
NATURAL ENVIRONMENT shall mean a composition of land, water, and/or air presented by its inherent physical and biological properties.
PHYSICAL RESOURCES shall mean characteristics of the natural environment manifest in its: landforms, soils, geological structure of surface and/or subsurface rock, minerals, natural bodies of water and/or manmade impoundments, watercourses, groundwater, and the like The disposition of these characteristics is typically expressed in physiograhic, topographic and/or hydrologic units such as rock formations, slope elevation, soil types, watersheds, surface water types, wetlands, floodplains, aquifers or aquifer recharge areas and the like.
PRIMARY EFFECTS shall mean results of a direct nature which have a principal influence on a particular condition.
PROJECT shall mean a subdivision, land development, or other development involving the construction alteration of buildings or other structures, or the grading of land.
SECONDARY EFFECTS shall mean results of an indirect nature which have an influence on a particular condition or state derived from a primary effect.
SHORT TERM EFFECTS shall mean results which are manifest for or extending for a period of two (2) years or less.
VISUAL RESOURCES shall mean characteristics of the natural environment and/or cultural environment which are visible. The visual resources of a particular area are typically expressed in terms of their visibility, character, and/or attractiveness relative to their amenity value and/or quality.
ABANDONED OR DISCONTINUED SIGN OR SIGN STRUCTURE means a sign or sign structure is considered abandoned or discontinued when its owner fails to operate or maintain a sign for a period of six months or longer. The following conditions shall be considered as the failure to operate or maintain a sign: (i) a sign displaying advertising for a product or service which is no longer available or displaying advertising for a business which is no longer licensed, or (2) a sign which is blank.
ADVERTISING means sign copy intended to aid, directly or indirectly, in the sale, use or promotion of a product, commodity, service, activity, entertainment, or real or personal property.
AGRICULTURAL SIGN means a sign in a WM, CM, AP VT, or RM District with a permitted agricultural use and whose function is exclusively for advertising for the normal, incidental arid customary sale of products, produce or livestock raised on the premises.
ANIMATED SIGN means a sign which includes action, motion, or color changes, or the optical illusion of action, motion, or color changes, including signs set in motion by movement of the atmosphere, or made up of a series of sections that turn.
ARTWORK means a two- or three-dimensional representation of a creative idea that is expressed in a form and manner as to provide aesthetic enjoyment for the viewer rather than to specifically convey the name of the business or a commercial message about the products or services offered on the property upon which the artwork is displayed.
ATTACHED SIGN means a wall sign, a marquee sign, a window sign, but not a canopy sign.
BANDIT SIGN . See Snipe sign.
BANNER means any sign or string of one or more signs, usually made of cloth or other lightweight material, which is used to attract attention, whether or not imprinted with words or characters, including but not limited to balloons and pennants. Flags shall not be considered banners.
BEACON means a stationary or revolving light which flashes or projects illumination, single color or multicolored, in any manner which has the effect of attracting or diverting attention, except, however, this term does not include any kind of lighting device which is required or necessary under the safety regulations of- the Federal Aviation Administration or other similar agency. This definition does apply to any similar type of lighting device contained entirely within a structure and which does not project light to the exterior of the structure.
BILLBOARD means a sign structure and/or sign utilized for advertising an establishment, an activity, a product, service or entertainment, which is sold, produced, manufactured, available or furnished at a place other than on the property on which said sign structure and/or sign is located.
BUILDING FRONTAGE means the length of the single face of a building or that portion of a building occupied by a single office, business or enterprise, commonly referred to as "store-front," which is abutting a street, parking area, or other means of customer access such as an arcade, a mall or a walkway. The building frontage for a side facade shall be the length of the single face of aside of building or that portion of aside of a building occupied by a single office, business or enterprise.
BUILDING FRONTAGE means the length of the single face of a building or that portion of a building occupied by a single office, business or enterprise, commonly referred to as "store-front," which is abutting a street, parking area, or other means of customer access such as an arcade, a mall or a walkway. The building frontage for a side facade shall be the length of the single face of aside of building or that portion of aside of a building occupied by a single office, business or enterprise.
CANOPY SIGN means any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.
COMMERCIAL MESSAGE means any sign wording, logo, or other representation or image that directly or indirectly names, advertises, or calls attention to a product, service, sale or sales event or other commercial activity.
CONSTRUCTION SIGN means a temporary on-premise sign identifying the ongoing construction activity during the time that a building permit is active and prior to completion of the work for which the permit was issued, containing sign copy that is limited to the ongoing construction activity and identifying the contractor and/or any subcontractor engaged to perform construction activity on the site.
COPY means the linguistic or graphic content of a sign.
DOUBLE-FACED SIGN means a single sign with items of information on both sides of the sign and mounted as a single structure.
ELECTION SIGN means a temporary sign erected or displayed for the purpose of expressing support for or opposition to a candidate or stating a position regarding an issue upon which the voters of the Township shall vote.
ERECT means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish; but it does not include any of the foregoing activities when performed as an incident to the change of advertising message or customary maintenance or repair of a sign.
FACADE means the side of a building, either front or side; and a building facade may be less than the entire side of a building if limited to the occupancy of a portion of a building.
FLAG means any fabric, or bunting containing distinct colors, patterns or symbols, used as an ornamental flag or as a symbol of government, political subdivision, corporation or business or other entity. (See also Ornamental flag.)
FLAGPOLE shall mean a pole on which to raise a flag.
FLASHING SIGN means a sign which permits light to be turned on or off intermittently more frequently than once per minute or any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including a LED (light emitting diode) or digital sign and changes more frequently than once per minute.
FREE EXPRESSION SIGN means a sign, not in excess of three (3) square feet in size (area) per side and the top of the sign is not more than six (6) feet off the ground, communicating information or views on matters of public policy concern or containing any other noncommercial message, that is otherwise lawful.
FREESTANDING SIGN means a sign supported by structures or supports that are placed on or anchored in the ground or at ground level and which are independent of any building or other structure. Unless otherwise limited or restricted, a freestanding sign may be either a freestanding monument sign or a freestanding pole sign.
FREESTANDING MONUMENT SIGN means a freestanding sign whose ratio of width of sign to width of support is less than 3 to 1.
FREESTANDING POLE SIGN means a freestanding sign whose ratio of width of sign to width of support is equal to or greater than 3 to 1.
FRONTAGE means the length of the property line of a parcel of land, which runs parallel with and along a road right-of-way or street, exclusive of alleyways.
FUTURE DEVELOPMENT SIGN means a sign that functions to advertise the future or proposed development of the premises upon which the sign is erected.
GARAGE OR YARD SALE SIGN (GARAGE YARD SALE SIGN) means any onsite temporary sign pertaining to the sale of personal property in, at or upon any residentially-zoned property located in the Township. Garage or yard sales shall include but not be limited to all such sales, and shall include the advertising of the holding of any such sale, or the offering to make any sale, whether made under any name such as garage sale, lawn sale, yard sale, front yard sale, back yard sale, home sale, attic sale, rummage sale, patio sale, flea market sale, or any similar designation.
GROUND LEVEL means the finished grade of a parcel of land exclusive of any filling, be.. ing or mounding.
HEIGHT means vertical distance measured from ground level nearest the base of the sign to the the highest point on the sign.
HOLIDAY AND SEASONAL DECORATIONS mean decorations that pertain to legal or other recognized holidays or to a season of the year.
ILLUMINATED SIGN means any sign or portion thereof, which is illuminated by artificial light, either from an interior or exterior source, including outline, reflective or phosphorescent light, whether or not the source of light is directly affixed as part of the sign.
INCIDENTAL SIGN means a sign riot exceeding one square foot in size attached to a freestanding sign or affixed to a wall, that either (a) identifies credit cards accepted by the owner, tenant, or occupant of the parcel where the incidental sign is located, or (b) provides an official notice of services required by law or trade affiliation.
ILLEGAL SIGN means any sign, which has been determined to be in violation of any provision of this Section 30-8.
INTERMITTENT SIGN means a sign which permits light to be turned on or off intermittently more frequently than once every twelve hours or which is operated in a way whereby light is turned on or off intermittently more frequently than once every twelve hours, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including a LED (light emitting diode) or digital sign, and which varies in intensity or color more frequently than once every twelve hours.
LOT . See definition of Parcel.
MAINTENANCE means the replacing, repairing or repainting of a portion of sign structure, periodically changing changeable copy or renewing copy, which has been made unusable by ordinary wear.
MARQUEE means any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
MARQUEE SIGN means any sign attached to a marquee.
MENU DISPLAY SIGN means a fully enclosed or otherwise protected from the elements sign structure, including but not limited to a box, shadow box or cabinet, attached to a wall or freestanding, which is used solely for the purpose of displaying restaurant menus or announcements of activities within the establishment for which the menu or announcement is displayed. A menu display may be used for transient lodging facilities which have restaurant facilities open to the general public in addition to the registered guests. Menu display sign structures shall be limited to one per establishment, having a maximum surface area of twelve (12) square feet in the zoning districts in which they are permitted.
NAMEPLATE SIGN OR OCCUPANT IDENTIFICATION SIGN means a sign indicating the name and/or profession or address of a person or persons residing on the premises or legally occupying the premises.
NONCOMMERCIAL MESSAGE means any message which is not a commercial message.
NONCOMMERCIAL ON-SITE DIRECTIONAL SIGN means an on-site sign providing direction or information to pedestrian or vehicular traffic that is related or reasonably necessary to the movement of pedestrian or vehicular traffic on the premises, and not displaying a commercial message, e.g., "entrance," "exit," "caution," "no parking," "one way only," "no trespassing," and the like.
NONCONFORMING SIGN means a sign, which does not conform to the regulations provided in this Section 30-8.
OFF-PREMISE SIGN OR OFF-SITE SIGN means any sign relating in its subject matter to commodities, accommodations, services or activities on a premises other than, the premises on which the sign is located.
ON PREMISE SIGN OR ON-SITE SIGN means any sign relating in its subject matter to the commodities, accommodations, service or activities on the premises on which it is located.
ORNAMENTAL FLAG means any fabric or similar material containing patterns, drawings or symbols used for decorative purposes and designed to be flown as a flag.
PARCEL means land which has been or which is proposed to be used, developed, or built upon as a unit under single ownership.
PARAPET means a false front or wall extension above the roofline of a building.
PENNANT means any series of small flag-like or streamer-like pieces of cloth, plastic, paper or similar material attached in a row to any staff, cord, building, or at only one or two edges, the remainder hanging loosely.
PERMANENT SIGN means any sign which, when installed, is intended for permanent use. For the purposes of this Section any sign with an intended use in excess of twelve (12) months from the date of installation shall be deemed a permanent sign.
PORTABLE SIGN means any sign, banner, or poster that is not permanently attached to the ground or structure. For purposes of this Section, a cold air inflatable sign shall be considered to be a portable sign.
PREMISES means any property owned, leased or controlled by the person actively engaged in business at that location.
PRINCIPAL USE means the use, which constitutes the primary activity, function or-purpose to which a parcel of land or a building is put.
PROJECTING SIGN means any sign affixed perpendicularly to a building or wall in such a manner that its leading edge extends more than ten inches beyond the surface of such building or wall.
REAL ESTATE SIGN means a sign advertising the sale, rental or lease of the premises or part of the premises on which the sign is displayed temporarily.
REVOLVING SIGN OR ROTATING SIGN means any sign that revolves or rotates.
ROOF SIGN means any sign erected and constructed wholly on or over the roof of a building, which is supported by the roof structure, or any sign that extends in whole or in part above the roofline of a building.
ROOFLINE means the highest continuous horizontal line of a roof. On a sloping roof, the roofline is the principal ridgeline or the highest line common to one or more principal slopes of roof. On a flat roof, the roofline is the highest continuous line of a roof or parapet, whichever is higher.
SAFETY SIGN . See Warning sign.
SANDWICH BOARD SIGN means a temporary portable double-faced, freestanding sign.
SIGHT VISIBILITY TRIANGLE means a triangular shaped portion of land established at street intersections or street and driveway intersections in which nothing is erected, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. For street intersections, this triangle is measured 30 feet in length from the intersection along the abutting right-of-way lines to form a triangle, although that these distances may vary based on the type of intersecting road; and for driveway intersections, this triangle is measured ten feet from the intersection along the right-of-way line and along the driveway line to form a triangle.
SIGN means any device, fixture, placard or structure which uses color, form, graphics, illumination, architectural style or design with text, or writing to advertise, attract attention, announce the purpose of, or identify the purpose of any person or entity or to communicate information of any kind to the public. The term "sign" includes sign structure. The following shall not be considered signs subject to the regulations of Section: artwork, holiday or seasonal decorations, cemetery markers, machinery or equipment signs, memorial signs or tablets.
SIGN AREA means the total square foot area of sign surface, including all parts thereof devoted to the background, computed by bounding the exterior of the sign structure or surface with a series of straight or curved lines tangent thereto (see illustrative examples referenced in Section 30-8.4). The area of a sign painted directly on a wall or awning and signs with letters attached directly to walls or awnings shall be calculated by constructing an imaginary series of straight lines or lines formed, bounded or characterized by curves around the outside of all elements of the sign.
SIGN FACE means the part of the sign that is or can be used to identify, display, advertise, communicate information, or for the visual representation, which attracts or intends to attract the attention of the public for any purpose.
SIGN STRUCTURE mean any structure which is designed specifically for the purpose of supporting a sign, which has supports or which is capable of supporting a sign. The definition shall include any decorative covers, braces, wires, supports, or other components attached to or placed around the sign structure.
SNIPE SIGN (BANDIT SIGN) means any sign tacked, nailed, posted, pasted, glued or otherwise attached to trees, rocks, or other natural features, or poles, stakes, or fences, with the message appearing thereon not applicable to the present use of the premises upon which the sign is located.
SPECIAL EVENT SIGN means a content-neutral sign providing notice of, or direction to, an event, gathering, assembly or meeting that is open to the public at large.
STATUTORY SIGN means a sign required by any statute or regulation of the State of New Jersey or the United States.
STREET ADDRESS SIGN means any sign denoting the street address of the premises on which it is attached or located.
SUBSTANTIALLY DAMAGED OR DESTROYED, as it pertains to a nonconforming sign, means that (a) fifty percent (50%) or more of the upright supports of a sign structure are physically damaged such that normal repair practices of the sign industry would call for, in the case of wooden structures, replacement of the broken supports and, in the case of a metal sign structure, replacement of at least twenty-five (25%) of the length above ground of each broken, bent, or twisted support, or (b) that more than fifty percent (50%) of a wall or attached sign is physically damaged such that normal repair practices of the sign industry would call for the same to be replaced or repaired.
SUBDIVISION MONUMENT IDENTIFICATION SIGN means a monument sign, which contains only the name of a platted subdivision or other residential development. A subdivision monument identification sign at a platted subdivision or neighborhood entrance shall not be considered a billboard.
TEMPORARY SIGN means a sign intended for a use not permanent in nature. For the purposes of this Section, a sign with an intended use of one year or less shall be deemed a temporary sign.
TIME AND TEMPERATURE SIGN means a sign, which functions only to display the current time and temperature at intervals no more frequently than once per minute and which contains no other messages. Time and temperature signs are regulated within the zoning districts in which they are expressly allowed Township means the Township Committee of the Township of Union, Hunterdon County, New Jersey.
TRAFFIC CONTROL DEVICE SIGN means any sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) and approved by the Federal Highway Administrator as the National Standard. A traffic control device sign includes those signs that are classified and defined by their function as regulatory signs (that give notice of traffic laws or regulations), warning signs (that give notice of a situation that might not readily be apparent), and guide signs (that show route designations, directions, distances, services, points of interest, and other geographical, recreational, or cultural information).
VEHICLE SIGN means any sign or signs where the total sign area covers more than ten square feet of the vehicle.
VISIBILITY TRIANGLE . See Sight visibility triangle.
WALL SIGN means a sign, which is painted on, fastened to, or erected against the wall of a building with its face in a parallel plane. with the plane of the building facade or wall, which is used for advertising.
WARNING SIGN OR SAFETY SIGN means a sign that functions to provide a warning of a dangerous condition or situation that might not be readily apparent or that poses a threat of serious injury (e.g., gas line, high voltage, condemned building, etc.) or that functions to provide a warning of a violation of law (e.g., no trespassing, no hunting allowed, etc.).
WINDOW SIGN means any sign mounted in any fashion on the interior or exterior of the surface of a window.
WIND SIGN means a sign, which uses objects or material fastened in such a manner as to move upon being subjected to pressure by wind, and shall include banners, pennants, ribbons, spinners, streamers or captive balloons; however, the term wind sign shall not include flags.
ACCEPTABLE MANAGEMENT PRACTICES shall mean agricultural management practices recommended or endorsed by the State Agricultural Development Committee and all relevant Federal or State statutes or rules and regulations adopted pursuant thereto.
COMMERCIAL FARM shall mean any operation producing with the exception of sale agricultural or horticultural products worth two thousand five hundred ($2,500.00) dollars or more annually and which meet the eligibility requirements for differential property taxation pursuant to the "Farmland Assessment Act of 1964", N.J.S.A. 54:4-23.1 et seq.
NUISANCE shall mean any private action which unreasonably interferes with the comfortable enjoyment of another's property, which may be enjoined or abated, and for which the injured or affected property owner may recover damages