Glossary forHopewell (Township of), Mercer County, NJ

ABANDONED WELL shall mean any well which is not in use, has been illegally installed or improperly constructed, has been improperly maintained or is damaged, has not been maintained in a condition that ensures that the subsurface or percolation water of the State are protected from contamination, has been replaced by another well or connection to a public supply, is contaminated, is nonproductive, or no longer serves its intended use pursuant to the State Act.

ABANDONMENT OR DECOMMISSIONING OF A WELL shall mean the permanent closure or sealing of a well in accordance with N.J.A.C. 7:9D-3 et seq.

ALTER shall mean to enlarge, deepen or replace any portion of an existing water supply system. The terms "alteration" and "altered" shall be construed accordingly.

APPLICANT shall mean a developer or property owner submitting an application for development or permit to install or use a well.

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 N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.

APPLICATION FOR WELL PERMIT shall mean the application form and all accompanying documentation required by the township for- approval to locate, construct or alter a water supply in accordance with subsection 16-6.5 of Chapter XVI and as authorized by N.J.A.C. 7:10-12.40.

AQUICLUDE shall mean a low-permeability unit that forms either the upper or lower boundary of a groundwater flow system.

AQUIFER shall mean rock or sediment in a formation, group of formations, or part of a formation which is saturated and sufficiently permeable to transmit economic quantities of water to wells and springs.

AQUIFER, CONFINED shall mean an aquifer that is overlain by a confining bed. The confining bed has a significantly lower hydraulic conductivity than the aquifer.

AQUIFER, PERCHED shall mean a region in the unsaturated zone where the soil may be locally saturated because it overlies a low-permeability unit.

AQUIFER, SEMI-CONFINED shall mean an aquifer confined by a low-permeability layer that permits water to slowly migrate through to the aquifer. Also termed leaky artesian or leaky confined aquifer.

AQUIFER TEST shall mean a three-part test conducted to obtain background, pumping, and recovery data from a pumping well and observation wells in order to determine aquifer characteristics and assess potential well interference.

AQUIFER, UNCONFINED shall mean an aquifer in which there are no confining beds between the zone of saturation and the ground surface. Water-table aquifer is a synonym.

AQUITARD shall mean a low-permeability unit that can store groundwater and also transmit water slowly from one aquifer to another.

BARRIER BOUNDARY shall mean an aquifer-system boundary represented by a rock mass that is not a source of water.

BUILDING LOT shall mean a designated parcel, tract or area of land established by plat or otherwise permitted by law, to be used, developed or built upon as a unit and for which the water supply is obtained from a private on-site well.

COMMUNITY WATER SUPPLY SYSTEM shall mean a source and distribution system for potable water subject to the requirements of N.J.S.A. 58:12A-1.1 et seq.. and N.J.A.C. 7:10-1.1 et seq.

CONE OF DEPRESSION shall mean the area around a pumping well in which the head in the aquifer has been lowered.

CONFINING BED shall mean a body of material of low hydraulic conductivity that is stratigraphically adjacent to one or more aquifers.

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.

DRAWDOWN shall mean the lowering of the water table of an unconfined aquifer or the potentiometric surface of a confined aquifer caused by pumping of groundwater from wells. Drawdown is determined by subtracting the depth to water from the static water level determined prior to the start of pumping.

FRACTURE TRACE shall mean the surface representation of a fracture zone.

GROUNDWATER shall mean water in the saturated zone that is under a pressure equal to or greater than atmospheric pressure.

GROUNDWATER MINING shall mean the practice of withdrawing groundwater at rates in excess of natural recharge.

HEAD shall mean the height above a datum plane of a column of water. In a groundwater system, it is composed of elevation head and pressure head.

HYDRAULIC CONDUCTIVITY shall mean the capacity of a rock to transmit water. It is expressed as the volume of water at the prevailing density and viscosity that will move in unit time under a unit hydraulic gradient through a unit area measured at right angle to the direction of flow.

HYDRAULIC GRADIENT shall mean change in head per unit of distance measured in the direction of the steepest change.

HYDROGEOLOGY shall mean the study of the interrelationships of geologic materials and process with water, especially- groundwater.

INFILTRATION shall mean the flow of water downward from the land surface into and through the upper soil layers.

INTERFLOW shall mean the lateral movement of water in the unsaturated zone during and immediately after a precipitation event. Water moving as interflow discharges directly into a surface-water body.

IRRIGATION SYSTEM shall mean equipment including but not limited to pumps, piping, and sprinkler heads used to distribute water to grasses, landscape materials, and other vegetation.

LOCAL AGENCY shall mean the board of health, which is the municipal agency responsible for review and approval of an application for well operation.

LOCAL ENFORCEMENT OFFICER shall mean the township health officer or other technical representative of the township as may be designated by the Hopewell Township Board of Health.

NJDEP shall mean the New Jersey Department of Environmental Protection.

OBSERVATION WELL shall mean a nonpumping well used to observe the elevation of the water table or the potentiometric surface. An observation well is generally constructed similar to a pumping well. Also known as monitoring well.

POROSITY shall mean the voids or openings in a rock. Porosity may be expressed quantitatively as the ratio of the volume of openings in a rock to the total volume of the rock.

POROSITY, PRIMARY shall mean the porosity that represents the original pore openings when a rock or sediment formed.

POROSITY, SECONDARY shall mean the porosity that has been caused by fractures or weathering in a rock or sediment after it has been formed.

PUMPING TEST shall mean a test made by pumping a well for a period of time and observing the change in hydraulic head in the aquifer.

PUMPING TEST, CONSTANT RATE shall mean a pumping test during which the discharge rate from the pumping well is maintained at a constant rate for the duration of the test.

RECHARGE, AQUIFER shall mean the volume of water that infiltrates to an aquifer.

RECHARGE AREA shall mean an area in which there are downward components of head in an aquifer. Infiltration moves downward to deeper parts of an aquifer in a recharge area.

RECHARGE BOUNDARY shall mean an aquifer system boundary that adds water to the aquifer such as a stream or lake.

RECHARGE, GROUNDWATER shall mean the volume of-water that infiltrates to a saturated zone.

RECOVERY shall mean the rate at which the water level in a well rises after the pump has been shut off. Recovery is the inverse of drawdown.

SATURATED ZONE shall mean the zone in which the voids in the rock or soil are filled with water at a pressure greater than atmospheric. The water table is the top of the saturated zone in an unconfined aquifer.

SPECIFIC CAPACITY shall mean an expression of the productivity of a well, obtained by dividing the pumping rate by the drawdown level. Should be described on the basis of the number of hours pumping prior to measurement of drawdown. Value will generally decrease with increased time of pumping.

STATIC WATER LEVEL shall mean the depth to water in the well prior to the commencement of pumping.

STORAGE COEFFICIENT shall mean the volume of water an aquifer releases from or takes into storage per unit surface area of the aquifer per unit change in head. It equals the product of specific storage and aquifer thickness. Also known as storativity.

TRANSMISSIVITY shall mean the rate at which water of a prevailing density and viscosity is transmitted through a unit width of an aquifer or confining bed under a unit hydraulic gradient. Transmissivity equals hydraulic conductivity times aquifer thickness.

UNSATURATED ZONE shall mean the zone between ground surface and the water table. Pore spaces in the unsaturated zone contain water at pressures less than atmospheric.

WATER TABLE shall mean the surface in an unconfined aquifer or confining bed at which the pore water pressure is atmospheric.

WELL INTERFERENCE shall mean the result of two or more pumping wells, the drawdown cones of which intercept. At a given location, the total well interference is the sum of the drawdowns due to each individual well.

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

CONVENTIONAL SUBDIVISION shall mean a subdivision which employs a fixed minimum lot size requirement, as specified in the appropriate district regulations.

LOT AVERAGING shall mean a residential development option that allows a range of minimum lot areas, provided that the maximum density for the parcel is not exceeded.

MANUFACTURING AND ASSEMBLY shall mean an activity which involves the fabrication, reshaping, reworking, assembly or combining of products from previously prepared materials and which does not involve the synthesis of chemical or chemical products or the processing of any raw materials. Manufacturing includes light industrial operations such as electronic, machine parts and small component assembly, as opposed to heavy industrial operations such as automobile assembly or milling activities.

OPEN LANDS shall mean that portion of land, including any farm-related dwelling or accessory buildings located thereon, that is voluntarily deed-restricted by the landowner for forest resource conservation or agricultural use in order to qualify for the open lands subdivision pursuant to this Chapter.

PRIME FORESTED AREA shall mean coniferous forest, deciduous forest, mixed forest and plantation, as depicted on Figure 7 of the 2002 Master Plan.

UNCONSTRAINED LAND shall mean the area of a tract or parcel that does not contain floodplains, wetlands or slopes greater than fifteen (15) percent.

ACCESSORY STRUCTURE shall mean the structure or building in which a permitted accessory use is conducted in association with a separate building on the same premises in which the primary permitted use is conducted.

ADMINISTRATIVE OFFICER shall mean, for stream corridor permits pursuant to Chapter XII, Section 12-3 entitled "Stream Corridor Protection", the zoning officer.

ADVERSE EFFECT shall mean development designs, situations, or existing features on a developer's property, or any nearby property, creating, imposing, aggravating or leading to impractical, unsafe, unsatisfactory or noncomplying conditions such as a layout inconsistent with the zoning regulations; insufficient street width; unsuitable street grade; unsuitable street location; inconvenient street system; inadequate utilities such as water, drainage, shade trees, and sewerage; unsuitable size, shape and location of any area reserved for public use or land for open space in a planned development; infringement upon land designated as subject to flooding; and the creation of conditions leading to soil erosion by wind or water from excavation or grading; all as set forth in 40:55D-38 and measured against the design and performance standards of this chapter.

AGRICULTURAL USE/PURPOSE shall mean land which is devoted to the production for sale of plants and animals. including but not limited to: forages and sod crops: grain and feed crops, dairy animals and dairy products; poultry and poultry products; livestock, including beef, cattle, sheep, horses, ponies, mules or goats, including the breeding and raising of any or all such animals; bees and apiary products; fur animals; trees and forest products; or when devoted to and meeting the requirements and qualifications for payments to other compensation pursuant to a soil conservation program under an agreement with an agency of the Federal government. For purposes of this chapter, agricultural use does not include a dwelling. See definition of "Farm."

AGRICULTURE shall mean the growing and harvesting of crops and/or the raising and breeding of poultry and livestock including dairies, nurseries, greenhouses and accessory buildings incidental to agricultural uses.

AIRPORT HAZARD shall mean any use of land or water, or both, which may create a dangerous condition for persons or property in or about an airport or aircraft during landing or taking off at an airport; or, any structure or tree which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport.

AIRPORT HAZARD AREA shall mean any area of land or water, or both, upon which an airport hazard might be created or established if not prevented by the "Air Safety and Hazardous Zoning Act" (P.L. 1983, c. 260) and related provisions of this chapter.

APPLICATION REVIEW COMMITTEE shall mean an advisory committee comprised of two planning board members appointed by the chairman, the planning board attorney, township engineer, a representative of the township health department, the administrative officer and when appropriate a representative of the board of adjustment formed for the purpose of reviewing and determining the completeness of all applications made to the planning board, as well as those applications referred by the board of adjustment which requires site plan review.

APPROVING AUTHORITY shall mean the planning board unless a different agency is designated in the text of this chapter when acting pursuant to the authority of the Municipal Land Use Law.

ATRIUM HOUSE shall mean an attached unit similar to a townhouse except it is arranged to produce a private yard designed for privacy through the use of building walls on at least two sides of the yard with fencing and/or walls on the remaining two sides. More than two units can be attached.

BANK shall mean a commercial bank, savings and loan, or savings bank.

BARN shall mean an accessory building on a farm used primarily for the storage of grain, hay and other farm products, and for sheltering livestock.

BUILDING AREA shall mean the horizontal projection in plan, of all covered or roofed areas of a structure, whether temporary or permanent.

BUILDING COVERAGE shall mean the area of a lot covered by buildings measured on a horizontal plan around the periphery of the foundation(s) and including the area under the roof of any structure supported by columns or walls as measured around the extremities of the roof above the columns.

CHILD CARE/DAY CARE CENTER shall mean a facility for the care, development and supervision of children up to the age of 18 years, who attend the facility for less than 24 hours a day.

CHURCH shall mean the principal structure used ,by a religious society or congregation incorporated pursuant to the provisions of N.J.S.A. 16:1-1 et seq., for public worship, ritual and ceremony.

CIRCULATION shall mean systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or transshipment points.

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

COAH shall mean the New Jersey Council on Affordable Housing.

COMMON PROPERTY shall mean land or water, or a combination of land and water, together with improvements, within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common property includes common open space and may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIES shall mean a community residential facility licensed pursuant to N.J.S.A. 30:11B-1 et seq. providing food, shelter and personal guidance, under such supervision as required, to not more than 15 persons with head injuries, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, halfway houses, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the "Health Care Facilities Planning Act" (N.J.S.A. 25:2H-1 et al.).

COMMUNITY RESIDENCE FOR THE TERMINALLY ILL shall mean any community residential facility operated as a hospice program providing food, shelter, personal guidance and health care services, under such supervision as required, to not more than 15 terminally ill persons.

COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE shall mean any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to N.J.S.A. 30:14-1 et seq., providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.

CONDITIONAL USE shall mean a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the zoning ordinance, and upon the issuance of an authorization therefor by the planning board.

CONVENTIONAL SUBDIVISION shall mean a subdivision which employs a fixed minimum lot size requirement, as specified in the appropriate district regulations.

CORNER LOT shall mean a lot located at the intersection of two streets. A lot abutting a curved street shall be considered a corner lot if straight lines drawn from the foremost point of the lot meet at an interior angle of less than 135 degrees.

CRITICAL AREAS shall mean areas having serious soil limitations for development due to slopes exceeding 18 percent, flood hazard areas, stream corridors, seasonal high water tables less than 1.0 feet, good to excellent ground water recharge areas as shown in the master plan and natural resources inventory, depth to bedrock less than 2.0 feet, and Beech Grove climax vegetation. (Assistance can be received from the master plan and the township's natural resources inventory.)

CUTOFF ANGLE (OF AC LIGHT FIXTURE) shall mean the angle, measured up from nadir, between the vertical axis and the first line of sight at which the bare source is not visible.

CUTOFF LIGHT FIXTURE shall mean a light fixture with less than 2.5 percent of its light distribution occurring at a vertical angle 90 degrees and above nadir, and less than ten percent of its light distribution occurring at a vertical angle 80 degrees and above nadir. This applies to all lateral angles around the fixture.

a. "Full cutoff light fixture" shall mean a light fixture that produces no light at a vertical angle 90 degrees and above nadir, and no more than ten percent of its light distribution occurs at a vertical angle 80 degrees and above nadir. This applies to all lateral angles around the fixture.

b. "Semi-cutoff light fixture" shall mean a light fixture with less than five percent of its light distribution occurring at a vertical angle 90 degrees and above nadir, and less than 20 percent of its light distribution occurring at a vertical angle 80 degrees and above nadir. This applies to all lateral angles around the fixture.

DENSITY shall mean the permitted number of dwelling units per gross area of land to be developed.

DENSITY, DESIGN shall mean a number expressing the number of units per acre on that portion of a tract devoted to a specific housing type, including streets, parking areas, driveways, and yards, but excluding other areas to be 'set aside for common property and/or public areas.

DENSITY, GROSS shall mean a number expressing dwelling units per gross acre of land except that watercourses, areas with seasonal high water tables at the surface, and areas with slopes in excess of 20 percent slopes shall receive no density credit and` may not be used in calculating the number of units to be permitted on the tract. Areas away from the stream, but within the 100-year flood plain, and areas with slopes between 10-20 percent, and areas with seasonable high water tables between 0.5 and 1.5 feet shall receive half credit. For purposes of this chapter, the delineation of areas of seasonal high water tables shall be as shown on the Soil Conservation Service maps, except that if an applicant desires to use site-specific information, the seasonal high water tables shall be certified and sealed by a licensed professional engineer based on tests witnessed by the township construction official.

DEP APPROVED WELL shall mean a central water supply system for a development which obtains water from one or more deep wells which have been specifically approved by the Hopewell Township Municipal Utilities Authority and the New Jersey Department of Environmental Protection as not posing risks to the continued availability of water for other township users.

DESIGN FLOOD (FLOODWAY OR FLOOD HAZARD AREA) shall mean the relative size or magnitude of a flood, expressed as a design discharge in cubic feet per second, which is developed from hydrologic criteria, represents a major flood or reasonable expectancy, reflects both flood experience and flood potential, and is the basis of the delineation of the floodway and the flood hazard area and of the water surface elevations thereof. (Chapter XII.)

DESIGN FLOOD PROFILE (FLOODWAY OR FLOOD HAZARD AREA) shall mean the elevations of the water surface of the floodway design flood and the flood hazard area design flood as shown on the flood map. (Chapter XII.)

DEVELOPMENT shall mean the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill, any use or change in the use of any building or other structures, or land or extension of use of land for which permission is required pursuant to this chapter.

DEVELOPMENT DISABILITY OR DEVELOPMENTALLY DISABLED shall mean a severe, chronic disability of a person which: (1) is attributable to a mental or physical impairment or combination of mental or physical impairments; (2) is manifest before age 22; (3) is likely to continue indefinitely; (4) results in substantial functional limitations in three or more of the following areas of major life activity, that is, self-care, receptive and expressive language, learning, mobility, self-direction and capacity for independent living or economic self-sufficiency; and (5) reflects the need for a combination and sequence of special interdisciplinary or generic care, treatment or other services which are of lifelong or extended duration and are individually planned and coordinated. Developmental disability includes, but is not limited to, severe disabilities attributable to mental retardation, autism, cerebral palsy, epilepsy, spina bifida and other neurological impairments where the above criteria are meet:

DEVELOPMENT FEES shall mean money paid by an individual, person, partnership, association, company, or corporation for the improvement of property as permitted in= this ordinance and by COAH's rules.

DEVELOPMENT REGULATION shall mean a zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other municipal regulation of the use and development of land, or amendment thereto adopted and filed pursuant to this law.

DISABILITY GLARE shall mean the effect of stray light in the eye whereby visibility and, visual performance are reduced.

DISCOMFORT GLARE shall mean the sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted, causing annoyance or discomfort, but not loss of visual performance.

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.

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

DRAINAGE RIGHT-OF-WAY shall mean the lands required for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood. damage: in, accordance with Title 58; N.J.S.A.

DRIVEWAY shall mean a suitably maintained private road giving access from a public way to off-street traffic facilities and structures contiguous thereto.

DWELLING, PLEX shall mean a two, three or four unit dwelling in which the units are attached at the sides and/or rears in various combinations so the design incorporates a private balcony or patio or other limited outdoor, but private, space. The structure is usually designed to have the look of a large single family home.

DWELLING, SINGLE FAMILY shall mean a detached building containing one dwelling unit. For purposes of this chapter, modular homes shall be considered single family dwellings.

DWELLING UNIT shall mean a room or series of connected rooms containing living, cooking, sleeping and sanitary facilities for one family.

EFFICIENCY UNIT shall mean a dwelling unit in a garden apartment building consisting of a bath plus one main room without permanent separations to be used for living, dining and bedroom facilities, with a kitchen area separated from the main room by either a permanent wall or a sliding or some other temporary partition.

EQUALIZED ASSESSED VALUE shall mean the value of 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 established 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 AND SEDIMENT CONTROL PLAN shall mean a plan which fully indicates necessary land treatment measures, including a schedule of the timing for their installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be equivalent to or exceed standards adopted by the New Jersey State Soil Conservation Committee and administered by the Mercer County Soil Conservation District. (Chapter IX.)

FAMILY shall mean one or more persons customarily living as a single housekeeping unit. The family shall be deemed to include full-time servants who have no other employment. More than five persons, exclusive of domestic servants, not related by blood, marriage, adoption, or approved foster care arrangements, but living on the same premises, shall not be considered to constitute a "family."

FARM shall mean any large tract of land, and premises, containing five contiguous acres or more, plus acreage for the home, used for raising crops and rearing livestock or fowl and containing one or two dwelling units.

FARM CONSERVATION PLAN shall mean a plan which provides for use of land, within its capabilities and treatment; within practical limits, according to chosen use to prevent further deterioration of soil and water resources. (Chapter XII.)

FARM STAND shall mean an accessory building located on a farm that is used only on a seasonal basis for the sale of vegetables, fruit and other consumable farm products actually raised on the farm on which the facility is located.

FAST FOOD RESTAURANT shall mean a commercial establishment where food and drink prepared for immediate consumption is purchased at a counter or drive-up window and either eaten on the premises, in the purchaser's automobile, or off the premises. Those restaurants where food is consumed only at tables on the premises and served either cafeteria style or by waiters and waitresses shall not be deemed "fast food restaurants." "Fast food restaurants" shall also not include those retail stores where food is primarily sold for preparation and consumption elsewhere, although as a secondary use of the premises, prepared food may also be sold over the counter for immediate consumption, such as a delicatessen.

FINAL PLAT shall mean the final map of proposed development presented for final approval in accordance with these regulations and which, if approved as a subdivision, shall be filed with the Mercer County Recording Officer.

FLOOD HAZARD AREA shall mean the floodway, and additional portions of the flood plain that are subject to flood flow at lesser depths and lower velocities than the floodway, that are inundated by the flood hazard area design flood and that are delineated on the flood map as Zone A. (Chapter XII.)

FLOOD MAPS shall mean maps filed with the township clerk pursuant to Chapter XII, section 12-2.

FLOOD PLAIN shall mean the relatively flat area adjoining the channel which has been or may be hereafter covered by flood water of the stream.

FLOODWAY shall mean the channel and portions of the adjacent flood plain that carry the greater part of flood flow at greater depths and velocities than do the other parts of the flood plain that constitute the minimum area required for the passage of flood flows without aggravating flood conditions upstream and downstream, that are necessary to preserve the natural regimen of the stream for the reasonable passage of the floodway design flood and that are delineated on the flood map. (Chapter IX.)

FLOOR AREA shall mean the sum of the gross horizontal areas of the floor or floors of a building which are enclosed and useable for human occupancy. Such areas or area shall be measured between the inside face of exterior walls. Such area or areas shall not include basement areas or accessory building space, whether the latter be attached or detached, or any parking garages.

FLOOR AREA RATIO shall mean the sum of the area of all floors of buildings or structures compared to the total area of the site. For the purposes of calculating floor area ratio, the area of all floors of buildings or structures shall have the same meaning as "floor area" as defined above.

FOOTCANDLE (FC) shall mean a unit of illuminance on a surface one foot square in area onto which there is a uniform flux of one lumen.

FOOTLAMBERT (F) shall mean a unit of luminance of a surface reflecting or emitting light at the rate of one lumen per square foot. The average luminance of any reflecting surface is the product of the illuminance in footcandles striking the surface times the reflectance of the surface.

GARAGE shall mean a detached accessory building or portion of a principal building for the parking or temporary storage of vehicles of the occupants of the principal building with adequate dimensions to accommodate one or more parked vehicles, a door able to be opened to permit the vehicle(s) to enter the building, and a driveway leading to the door(s).

GARDEN APARTMENT shall mean a dwelling unit in a building having two or more dwelling units where entrance ways, hallways, basements, attics, heating systems, yards, and similar services in the building are shared in common, singly or in combination.

GENERAL DEVELOPMENT PLAN shall mean a comprehensive plan for the development of a planned development on a large tract as set forth in the applicable zoning district and with a development period of at least five years.

GOLF CLUB shall mean a private association of bona fide, dues paying members which owns, or leases for a term of not less than 99 years, 50 or more contiguous acres wholly or partly in the Township of Hopewell, and employs the same as a golf course for the sole use of bona fide members and their guests.

GOLF COURSE shall mean an area of 50 or more acres containing a full sized golf course of at least nine holes, together with the necessary and usual accessory uses and structures, such as, but not limited to: club house facilities, dining and refreshment facilities, swimming pools, tennis courts and the like, provided the operation of the accessory facilities is incidental and subordinate to the operation of the golf course.

GROSS FLOOR AREA shall mean the total floor area in a structure measured by using the inside face of exterior walls at each story. The floor area of units sharing a common wall shall be measured from the center of interior walls. In residential uses the gross floor area shall exclude the areas of the garage, attic, open porch or patio, cellar, utility areas, heating and cooling rooms and all portions of floor areas which have a ceiling height above them of less than 7.5 feet. In nonresidential structures, the gross floor area shall exclude areas used for utility, heating, cooling and other mechanical equipment and parking garages but shall include all other areas including cellars, warehousing and storage areas, regardless of ceiling height.

HEIGHT shall mean the vertical dimension of a structure, as measured from the average level of the finished grade along the wall of the structure facing the nearest street to the highest part of the structure, except that the following shall not be considered as part of the structure for these purposes if they are less than 50 feet high and are less than 25 percent of the maximum height for the structure which is permitted in the zoning district:

Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, air-conditioning equipment or similar mechanical equipment required to operate and maintain the building; fire or parapet walls; skylights; spires; cupolas; flagpoles; chimneys; and similar structures.

HELIPORT shall mean an airport or portion thereof for the service, storage and use of helicopters.

HELISTOP shall mean a small fenced landing area maintained by a commercial establishment for the picking up and discharge of its employees and guests by helicopters. It shall have no service or other facilities.

HOMEOWNERS' ASSOCIATION shall mean a nonprofit corporation operating under a recorded land agreement through which (a) each lot owner, condominium owner, stockholder under a cooperative development, or other owner of property or interests in the project shall be a member; (b) each occupied dwelling unit is subject to a charge for a proportionate share of the expenses for the organization activities and maintenance, including any maintenance costs levied against the association by the township, and (c) each owner and tenant has a right to use the common property.

HORIZONTAL ILLUMINANCE shall mean the illuminance on a horizontal plane, expressed in footcandles (fc).

HOSPITAL shall mean any building or integrated group of buildings, containing 50 beds or more, licensed pursuant to the provisions of N.J.S.A. 30:11-1, in which surgical and laboratory facilities are located for the diagnosis, treatment and care of unrelated persons who are sick, wounded, infirm or aged.

HOT TUB shall mean a structure placed on or below the ground and filled with water. The system includes devices to heat, circulate and filter the water, and may or may not have an accompanying deck. Hot tubs generally have more than 20 square feet of water surface area, but shall not have more than 60 square feet of water surface area. Facilities with more than 60 square feet of water surface area shall be considered swimming pools.

IESNA shall mean the Illuminating Engineering Society of North America, an organization that recommends standards for the lighting industry.

ILLUMINANCE shall mean the area density of the luminous flux incident at a point on a surface. It is a measure of light incident on a surface expressed in footcandles (fc).

INDUSTRIAL OR OFFICE PARK shall mean a total tract comprehensively planned, designed, and approved for industrial or office uses whether or not the buildings are erected in one development stage or over a period of time, but where the streets, utilities and lots and/or tenant's parcels are set forth on a plan for the entire tract prior to construction of any portion of the tract. As development takes place in accordance with the approved plans, changes may be made in the plans for the undeveloped section to accommodate subsequent land needs provided the. modification conforms to logical extensions of installed segments of streets, drainage, utilities and other facilities. Parks designed for more than one building or for more than one tenant (but no subdivided lots) shall have buildings spaced so that the mortgage and/or lease lines shall conform to the requirements for lot lines as if the parcels were being subdivided and in order to establish conformance with this chapter for such matters as building setbacks, buffers, driveway locations, and distances between buildings.

INTERESTED PARTY shall mean (a) in a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and (b) in the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire, or enjoy property is or may be affected by any action taken under this chapter, or whose rights to use, acquire, or enjoy property under this chapter, or under any other title or any 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 chapter.

JUDGMENT OF COMPLIANCE AND REPOSE shall mean a judgment issued by the Superior Court approving the township's plan to satisfy its fair share obligation.

JUNK AUTOMOBILE OR JUNK AUTOMOBILE BODY shall mean any automobile which is no longer in actual use as a motor vehicle, or which is wholly unfit without rebuilding or reconditioning for use for public highway transportation, or which has been discarded for use as a motor vehicle.

LAND DISTURBANCE shall mean any activity involving the clearing, grading, transporting, filling and any other activity which causes land to be exposed to the danger of erosion. (Chapter XII.)

LIGHT LOSS FACTOR shall mean the multiplier used in maintained illuminance calculations that accounts for ballast factor, lamp lumen depreciation, luminaire dirt depreciation, and (for interior calculations) room surface dirt depreciation.

LIGHT TRESPASS shall mean any form of illuminance from a luminaire located on one property that emanates to another property.

LOADING AREA shall mean that suitably maintained areas of required off-street traffic facilities devoted to one or more accessible loading spaces for the use of commercial vehicles servicing the premises.

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.

LOT AREA shall mean the area contained within the lot lines, including wetland buffer areas, but not including any portion of a street nor any lands within the 100-year flood plain of any watercourse or lake site, wetlands, any areas reserved for future roadways, or areas encompassed within any easements, except that in areas with sewer service, lot areas need only deduct streets, future roadways, and 100-year flood plains. The minimum lot area shall be determined in accordance with the provisions of Articles VIII and IX of this chapter and in accordance with Chapter XVI of the Revised General Ordinances of the Township of Hopewell, with the more restrictive applying. The minimum lot area of a lot fronting on a street proposed to be widened in the adopted master plan shall be the minimum area required for the district in which it is located plus the additional area needed to anticipate the widening of this street.

LOT AVERAGING shall mean a residential development option that allows a range of minimum lot areas, provided that the maximum density for the parcel is not exceeded.

LOT COVERAGE shall mean that portion of lot area which by reason of structures, off-street traffic facilities or other improvements is highly resistant to infiltration by water and includes patios and gravel driveways.

LOT DEPTH shall mean the shortest horizontal distance between the front lot line and a line drawn parallel to the front line through the midpoint of the rear lot line.

LOT FRONTAGE shall mean the horizontal distance between the side lot lines measured along the street lines. The minimum lot frontage shall be the same as the lot width except that on curved alignments with an outside radius of less than 900 feet, the lot frontage may be reduced to a percentage of the minimum lot width as set forth in the following chart. In the case of a corner lot, either side may be considered the lot frontage, but the front yard setback shall be met from all streets.

**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

LOT LINE shall mean any line forming a portion of the exterior boundary of a lot. The lot line is the same as the street line for that portion of a lot abutting a street. Lot lines extend vertically in both directions from ground level.

LOT WIDTH shall mean that dimension which is the length of a line connecting the points of intersection of the minimum front setback line and the side lot lines.

LOWER INCOME shall mean income limits established for low and moderate income levels. Low income for the average household is less than 50 percent of the median income. Moderate income is between 50 and 80 percent of the median. For purposes of this chapter, the median income shall be the applicable number published in the most recent "Income Limits" by the United States Department of Housing and Urban Development. The low and moderate income levels shall be based on the number of people in the household as shown in that publication as of the date of issuing each certificate of occupancy.

LUMINAIRE shall mean light fixture; or complete lighting unit consisting of a lamp, or lamps, and ballasting when applicable, together with the pets designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply.

MAINTENANCE BOND shall mean a form of maintenance guarantee. Any security which may be accepted by the township committee so as to insure the maintenance and proper working of streets, utilities, sewers and the like as well as the viability of planting shrubbery or other improvements as may be required by the planning board. Such security shall be in the form permitted and subject to the same approval as is provided for performance guarantees.

MAINTENANCE GUARANTEE shall mean any security, other than cash, which may be accepted by the township for the maintenance of any improvements required by this chapter.

MAJOR SUBDIVISION shall mean all subdivisions not classified as minor subdivisions.

MARSH OR MARSHY LAND shall mean any site of soft, wet land upon which the water table is at or near the surface level of the ground.

MASTER PLAN shall mean a composite , of the mapped and written proposals recommending the physical development of the municipality, duly adopted by the planning board.

MEDICAL CLINIC shall mean offices where patients are examined and treated by physicians or dentists practicing as a group, but where no beds, lodging or food are provided.

MINIMUM LOT WIDTH shall mean the minimum permitted distance between the side lot lines, measured parallel to the street line at the minimum building setback. The lot frontage (i.e. the horizontal distance between the side lot lines, measured along the street lines) may not be less than the minimum lot width, except that on a curved street with an outside radius of less than 500 feet and straight side lot lines from the street to the minimum building setback the lot frontage may be reduced to not less than 75 percent of the required minimum lot width. In the case of a lot located at the corner of two streets, either side may be considered as the front.

MINOR SITE PLAN shall mean a development plan of one or more lots which (1) proposes new development within the scope of development specifically permitted by ordinance as a minor site plan; (2) does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42; and (3) contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval of a minor site plan have been met.

MINOR SUBDIVISION shall mean a subdivision of land that does not involve (1) the creation of more than three lots, inclusive of the remainder; any prior subdivision of the same parcel after April 23, 1968 will be included in determining how many lots are created; (2) a planned development; (3) any new street; (4) extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.

MITIGATION shall mean and include, but not be limited to, reforestation and stabilization of all disturbed stream banks and all other disturbed areas in the stream corridor and removal of all debris, re-establishment of the integrity of the surrounding habitat by undertaking all feasible actions, including, but not limited to, replacement of native vegetation lost as a result of the disturbance to the stream corridor or rehabilitation and cure of all other effects caused by disturbance to the stream corridor.

MOTEL shall mean a series of eight or more attached rental units with individual entrances from the exterior of the building to each unit operated as a business to provide lodging for transient guests.

NCQLP shall mean the National Council on Qualifications for the Lighting Professions, an organization that certifies core competence in the field of illumination engineering. Professionals who have passed a written test and maintain continuing education credits in accordance with NCQLP guidelines are recognized as LC, lighting certified, professionals.

NURSERY OUTLET shall mean a building and adjacent outside areas used for the sale of plants, flowers, trees and related plant materials and tools for planting, fertilizing and landscaping.

NURSERY SCHOOL shall mean a facility for the care, development and supervision of children under the age of six years who attend the facility for less than 24 hours a day.

OCCUPANCY PERMIT shall mean any permit issued to permit the occupancy of a structure upon completion in accordance with plans and specifications previously approved by the appropriate township officer or agency.

OFF-SITE AND OFF-TRACT IMPROVEMENTS shall mean improvements to accommodate conditions generated by a proposed development, including, but not limited to, new improvements and extensions and modifications of existing improvements. "Off-site" means 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" means 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.

OPEN SPACE shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such 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.

OWNER shall mean any individual, partnership, corporation, trustee or other legal entity having sufficient propriety interest in the land sought to be subdivided or for which a variance or special exception use is sought to commence and maintain proceedings to the same under this chapter.

PARKING SPACE shall mean an area either within a structure or in the open for the parking of motor vehicles. The area of a parking space is intended to be sufficient to accommodate the exterior extremities of the vehicle whether, in addition thereto, wheel blocks are installed within this area. The width and length of each space shall be measured perpendicular to each other regardless of the angle of the parking space to the access aisle or driveway

**Webmasters Note: The previous definitions, Accessory Structure through Parking Space, have been amended as per Supplement No. 7.

PATIO HOME shall mean a single family detached unit on a small lot with walls along the side yards for privacy, usually with the home placed along one side lot line. The front and rear yard can also be walled

PERFORMANCE GUARANTEE shall mean any security, which may be accepted by a municipality, including cash, provided that the township shall not require more than ten percent of the total performance in cash

PERMITTED USE shall mean any use of land or buildings as permitted by this chapter

PLAT shall mean the map of a subdivision or site plan

PLAT PRELIMINARY shall mean the plat submitted as a part of the application for preliminary approval. (Article III.)

PRINCIPAL USE shall mean the main purpose for which any lot and/or structure is used

PRIVATE SCHOOL shall mean an institution of education whose general course work is comparable to the public school system and whose curriculum is approved by the New Jersey Department of Education or the New Jersey Department of Higher Education

PRO SHOP shall mean an accessory use associated with a golf course in which golf and other sporting equipment, sportswear, and food and beverages may be purchased

PROFESSIONAL OFFICE shall mean the office of a member of a recognized profession which shall be so designated by the approving authority upon finding by such approving authority that such occupation is professional in character and requires at least a bachelor's degree from an accredited college or university, licensing, and training and experience as a condition for the practice thereof, and that the practice of such occupation shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone to any greater extent than would the permitted uses listed in that district The issuance of a State or local license for regulation of any such occupation shall not, alone, be deemed indicative of professional standing When such office is combined with a residence, the conditions of a home occupation shall apply.

PUBLIC AREAS shall mean

(1) public parks, playgrounds, trails, paths and other recreational areas,

(2) other public open spaces,

(3) scenic and historic sites; and

(4) sites for schools and other public buildings and structures.

PUBLIC 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 thereto.

PUBLIC DRAINAGE WAY shall mean the land reserved or dedicated for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood drainage, sedimentation, and erosion.

PUBLIC OPEN SPACE shall mean an open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, State or county agency, or other public body for recreational or conservation uses.

PUBLIC PURPOSE shall mean the use of land by a municipal, county, State or Federal agency or authority.

QUADPLEX shall mean a four-family building

QUARRY shall mean the place where quarrying is conducted and shall include the ways immediately adjacent thereto.

QUARRYING shall mean the excavation, removal, handling and processing of stone, sand, or gravel extracted from the premises including the transportation, storage, crushing, grinding, pulverizing or mixing of the extracted raw materials and all uses and operations accessory thereto.

RADIAL shall mean as or following the course of the radius from a given point.

RESIDENT PROFESSIONAL OFFICE shall mean a single family house which is the actual residence as well as the office of a physician, dentist, lawyer, architect or other similar professional whose calling requires specialized knowledge and long and intensive academic preparation.

RESTAURANT shall mean a commercial establishment where food and drink are prepared, served and consumed. As used in this chapter, a "restaurant" shall not include a "fast food restaurant" as defined herein.

RETENTION BASIN shall mean any impoundment area with a permanent pool of water or pond made by constructing an embankment or by excavating a pit or both and shall include the outfall area related thereto.

SEDIMENT BASIN shall mean a barrier or dam building at suitable locations to retain rock, sand, gravel, silt or other material. (Chapter XII.)

SETBACK LINE shall mean a line drawn parallel to a street line or lot line and located at the point of the building nearest to the street line or lot line beyond which a building does not project, except as permitted under the "yard" definitions below. The minimum yard requirements shall be the minimum required setbacks. All setbacks shall be measured horizontally and all setbacks extend vertically above and below the ground. All setbacks from public streets shall be measured from the proposed right-of-way width as shown on the adopted master plan, or from the existing right-of-way, whichever is greater.

SHED, GARDEN OR TOOL shall mean an accessory building for the storage of miscellaneous yard equipment and materials as well as an area for the use and/or storage of hand, electrical and gasoline powered tools and equipment. Any shed of 200 square feet in area or greater shall meet the garage setback requirements and any requirements of the construction code in effect at the time of approval.

SHOPPING CENTER shall mean one or more buildings, or parts thereof, designed as a unit to be occupied by two or more retail businesses and conducted as an integrated and cohesively planned development. Where there is more than one building on a lot, the buildings shall be spaced as if they were to be on separate lots in order to establish conformance with this chapter for such matters as building setbacks, buffers, driveways and distance between buildings.

SIGHT TRIANGLE shall mean a triangular area outside the street right-of-way abutting two intersecting streets. The sight triangle is formed by the intersecting street lines and a line connecting a point on each line a set distance from the point of intersection.

SILO shall mean a tall cylindrical structure in which feed for livestock is stored.

SKYGLOW shall mean the luminance in the atmosphere caused by dust, water vapor, and other particles that reflect and scatter any stray light that is directed, reflected, or emitted into the atmosphere.

STORMWATER MANAGEMENT FACILITY shall mean a facility which receives, stores, conveys, or discharges stormwater runoff and is designed in accordance with all applicable local, county, and State regulations. A stormwater management facility may be a retention or detention basin; infiltration structure; grassed swale; filter fabric; rip-rap channel; and/or stormwater outfall.

STREAM BANK shall mean the inclined sides of a stream channel or embankment.

STREAM CORRIDOR shall mean all areas 150 feet from the centerline in both directions of all waterways that receive surface water runoff from an upland drainage area of 50 acres or more as may be shown on a map entitled "Hopewell Township Stream Centerlines and 150 Foot Buffer," prepared by the Stony Brook Millstone Watershed Association dated April 12, 2004, and as may be hereafter amended.

STREAM CORRIDOR AVERAGING shall mean reducing the required stream corridor area along specific lengths of retention basins in exchange for an equivalent increase in width elsewhere along the perimeter of the retention basin.

STREET shall mean any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing State, county or -municipal roadway, or a :street or way shown upon a plat heretofore approved pursuant to law or approved by official action as provided in N.J.S.A. 40:55D-35 or a street or way 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 line, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, streets shall be classified as follows:

a. Arterial streets are those which are used primarily for fast or heavy traffic.

b. Collector streets are those which carry traffic from local streets to the arterial streets.

c. Local streets are those which are used primarily for access to the abutting properties.

d. Marginal access streets are streets which are parallel to and adjacent to arterial streets and provide access to abutting properties and protection from through traffic.

e. Alleys are minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

STREET LINE shall mean the lot line which constitutes the edge of the existing right-of-way or the right-of-way shown on the master plan, whichever would result in a larger right-of-way.

STRIPPING shall mean any activity which significantly disturbs vegetated or otherwise stabilized soil surface including clearing and grubbing operations. (Chapter XII.)

STRUCTURE shall mean any building or other artificial thing which is built or constructed, either above or below ground.

SUBDIVISION shall mean the division of a lot, tract or parcel of land into two 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 or subdivision committee thereof, appointed by the chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size; (2) divisions of property by testamentary or intestate provisions; (3) divisions of property upon court order including but not limited to judgments of foreclosure; (4) consolidation of existing lots by deed or other recorded instrument; and (5) the conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality. The term "subdivision" shall also include the term "resubdivision."

SUBDIVISION COMMITTEE shall mean a committee of at least three planning board members appointed by the chairman with the approval of the board, formed for the purpose of classifying subdivisions in accordance with the provisions of this chapter and performing such other duties relating to land subdivision which may be conferred on this committee by the board.

SUBSTANTIAL CHANGE shall mean any increase in an approved structure's bulk or floor area where the result exceeds any of the requirements of the zoning district in which it is located, and where any changes exceed the limitations necessary to qualify as an "insubstantial change." An "insubstantial change" means a revision to a preliminary or final plat which does not violate any requirements of the township's ordinances, does not alter the amount of lower income housing or other forms of participating in the lower income housing program as set forth in the approved development, and does not have -changes which exceed any of the following: -setback in any yard of five feet; seven feet in building height; one percent in the approved floor area ratio; one percent in the approved lot coverage (building, paving and other coverages); five feet in building spacing; three parking spaces; one loading space; five feet in driveway locations; and one percent of the area of the approved site disturbance. A substitution of similar landscaping material, lighting fixture, and signage is not a substantial change provided there is no change in approved quantities and/or dimensions.

SUBSTANTIVE CERTIFICATION shall mean a determination by COAH approving a municipality's housing element and fair share plan in accordance with the provisions of the Fair Housing Act and the rules and criteria as set forth by COAH. A grant of substantive certification shall be valid for a period of six years in accordance with the terms and conditions contained in the substantive certification.

SURFACE WATER SUPPLY shall mean that water will be supplied to all dwelling units in a development from a source other than wells located in the township or in Hopewell Borough or Pennington Borough.

SWIMMING POOL shall mean a permanent structure placed partly or entirely below ground and filled with water for the purpose of swimming. Except for "hot tubs" as defined herein, a structure located above ground shall be considered a permanent swimming pool when the structure has a water depth greater than two feet and a water surface greater than 30 square feet.

TENNIS COURT shall mean a flat area, with either a blacktopped or compacted earth surface, divided at the midpoint by a net. The area is usually fenced and shall include the "in bounds" area as well as the surrounding "out-of-bounds" area needed for player maneuverability.

TOWNHOUSE shall mean one dwelling unit in a line of three or more attached dwelling units, with each dwelling unit extending from the ground to the roof and having individual outside access and no interior rooms or hallways shared with other dwelling units.

TRACT shall mean an area of land comprised of one or more lots having sufficient dimensions and area to meet the requirements of this chapter for the use(s) intended. The land area of any existing streets shall not be included in calculating the area of the tract.

UNCONSTRAINED LAND shall mean the area of a tract or parcel that does not contain floodplains, wetlands or slopes greater than 15 percent.

UTILITY shall mean services including, but not limited to, sewage treatment, water supply, gas, electric, telephone, and cable TV.

VARIANCE shall mean permission to depart from the literal requirements of the zoning provisions of this chapter.

VERTICAL EXISTENCE shall mean the luminance reflected off a vertical surface, expressed in footcandles (f).

VERTICAL ILLUMINANCE shall mean the illuminance on a vertical plane, expressed in footcandles (fc).

WAREHOUSE shall mean a building in which goods or merchandise is stored. The term shall include self-storage, mini, or other forms of commercial storage activities.

WATER COURSE shall mean a defined channel which accepts stormwater runoff from 50 acres or more.

YARD shall mean an area of generally open space extending between the closest point of any building measured at the foundation or facade of the building and a lot line or street line, except that incidental elements of a structure attached to the building, may penetrate into the required yard a distance no greater than two feet. These incidental penetrations shall be permitted for items such as, but not limited to, gutters, eaves, bow windows and window sills, steps, downspouts, roof overhangs, or chimneys, but shall not be for such items as open or enclosed roofs over patios or similar areas, or for porches, decks, balconies, or for any cantilevered areas having an outside wall or railing. All yards shall be measured horizontally and all minimum yard requirements extend vertically above and below the ground. In an apartment, townhouse, industrial or office park complex, shopping center, or other development where more than one building may be constructed on a lot, yards shall also be the open space extending between buildings. All yard dimensions shall be measured horizontally and at right an-ales to either a straight street line, lot line, or building facade or perpendicular to the point of tangent of curved lines and facades. The minimum distance between buildings in developments where there is more than one building on a lot shall be the sum of, the two yards of the buildings and in no event shall two buildings be closer to one another than the sum of both required side yards, except that buildings that are accessory to an agricultural use on a farm shall be exempt from this spacing requirement.

YARD, FRONT shall mean the area extending across the full width of a lot between a street line and the foundation or facade of the building except that incidental elements of a structure attached to the building may penetrate into the required yard a distance no greater than two feet. These incidental penetrations shall be permitted for items such as, but not limited to, gutters, eaves, bow windows and window sills, steps, downspouts, roof overhangs, or chimneys, but shall not be for such items as open or enclosed roofs over patios or similar areas, or for porches, decks, balconies, or for any cantilevered areas having an outside wall or railing. All yards shall be measured horizontally and all minimum yard requirements extend vertically above and below the ground. For apartments, townhouses, industrial or office park, shopping center, or other development where more than one building may be erected on a lot, the front yard shall be measured from the designated front of the building to an imaginary line a designated distance away from the front of the building. All buildings shall be set back at least ten feet from any utility easement.

YARD, REAR shall mean the area extending across the full width of the lot between the rear lot line and the foundation or facade of the building except that incidental elements of a structure attached to the building may penetrate into the required yard a distance no greater than two feet. These incidental penetrations shall be permitted for items such as, but not limited to, gutters, eaves, bow windows and window sills, steps, downspouts, roof overhangs, or chimneys, but shall not be for such items as open or enclosed roofs over patios or similar areas, or for porches, decks, balconies, or for any cantilevered areas having an outside wall or railing. All yards shall be measured horizontally and all minimum yard requirements extend vertically above and below the ground. For apartments, townhouses, industrial or office park, shopping center, or other development where more than one building may be erected on a lot, the rear yard shall be measured from the designated rear of the building to an imaginary line a designated distance away from the rear of the building. All building shall be set back at least ten feet from any utility easement. On residential lots there shall be a minimum distance between the building and any Freshwater Wetland buffer and any floodway that is at least equal to 75 percent of the rear yard requirement for the district in which the lot is located.

YARD, SIDE shall mean the area extending from the front yard to the rear yard and lying between each side lot line and the foundation or facade of the building, except that incidental elements of a structure attached to the building may penetrate into the required yard a distance no greater than two feet. These incidental penetrations shall be permitted for items such as, but not limited to, gutters, eaves, bow windows and window sills, steps, downspouts, roof overhangs, or chimneys, but shall not be for such items as open or enclosed roofs over patios or similar areas, or for porches, decks, balconies, or for any cantilevered areas having an outside wall or railing. All yards shall be measured horizontally and all minimum yard requirements extend vertically above and below the ground. The side yard for apartments, townhouses, industrial or office park complex, shopping center, or other development where more than one building may be erected on a lot shall be measured from the designated side of the building to an imaginary line a designated distance away from the side of the building. All buildings shall be set back at least ten feet from any utility easement.

ZONING OFFICER shall mean that officer or employee of the township or his duly authorized deputy appointed by the township committee to administer and enforce the zoning provisions of this chapter.

ZONING PERMIT shall mean the final permit issued to an applicant by the zoning officer and certifying the compliance of a particular structure or use with the provisions of the zoning requirements. (Ord. #528; Ord. #566-80; Ord. #654-84, � 3; Ord. #662-84, � 1; Ord. #674-85, � 1; Ord. #686-85, � 30; Ord. #723-86, �� 30, 31; Ord. #788-88, � 2; Ord. #798-88, � 5; Ord. #817-89, � 3; Ord. #90-851, � 2; Ord. #90-853, � 6; Ord. #91-985, � 1; Ord. #91-901, � 1; Ord. #94-978, � 6; Ord. #97-1074, � 1; Ord. #97-1079; Ord. #98-1086, �� 18-20; Ord. #00-1171, � 2; Ord. #01-1218, � 3; Ord. #02-1268; Ord. #03-1298, � 4; Ord. #04-1325, � 22; Ord. #04-1328, � 5)

AHC shall mean the affordable housing committee created by Ordinance No 706-86

GROSS HOUSEHOLD INCOME shall mean the total household income from all sources of all members of the household, consistent with Federal and State subsidized housing guidelines

LOW AND MODERATE INCOME HOUSING shall mean dwelling units developed pursuant to the township's land use and development ordinance and made available to low and moderate income households.

LOW INCOME HOUSEHOLD shall mean a household whose gross annual income, at the time of purchase or rental, is less than 50 percent of the median income for that household size as established and adjusted from time to time for the geographic area in which the township is located by the United States Department of Housing and Urban Development.

MODERATE INCOME HOUSEHOLD shall mean a household whose gross annual income, at the time of purchase or rental, is between 50 percent and 80 percent of the median income for that household size as established and adjusted from time to time for the geographic area in which the township is located by the United States Department of Housing and Urban Development

ACCESSORY APARTMENT is a self-contained, residential unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance which is created to be occupied by a low- or moderate-income household. The accessory apartment may be created within an existing dwelling unit, may be created within an existing structure on a lot or be in addition to an existing home or accessory building. (Ord. #04-1307, � 1)

ADDITION shall mean an extension or increase in the size, floor area or height of any building, structure, site, object or improvement.

ALTERATION shall mean any change in the exterior features of any building, structure, site, object or improvement.

APPLICATION shall mean a request to the commission made pursuant to this article for the purposes of obtaining a certificate of appropriateness or other action by the commission hereunder specified.

APPLICATION FOR DEVELOPMENT shall mean an application to the planning board or the zoning board of adjustment of the Township of Hopewell for approval of a major or minor subdivision plat or site plan, planned development, conditional use or zoning variance, or an application for the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation or landfill, or for any use or change in the use of any building or other structure, or of any parcel of land, for which permission may be required pursuant to the Municipal Land Use Law.

BUILDING shall mean any man-made structure created principally to shelter any form of human activity as well as its functionally related appurtenances such as a house and a barn.

CERTIFICATE OF APPROPRIATENESS shall mean that document issued by the commission which is required before any work may be commenced on any historic landmark or any building, structure, site, object or improvement located within an historic district.

COMMISSION shall mean the historic preservation commission established pursuant to the provisions of this article.

CONSTRUCTION OFFICIAL shall mean the officer in charge of the granting of building or construction permits in the township.

DEMOLITION shall mean the partial or total razing, dismantling or destruction, whether entirely or in significant part, of any designated building, structure, site, object or improvement. Demolition includes the removal of a building, structure, site, object or improvement from its location or the removal or destruction of its facade or surface.

DESIGNATED HISTORIC LANDMARK OR HISTORIC DISTRICT shall mean an individual building, structure, site, object, improvement or district which has been determined to have historical significance pursuant to the provisions of this article.

HISTORIC shall mean having historical, cultural, architectural, archaeological, economic, social or other significance as defined by the provisions of this article.

HISTORICAL shall mean of, relating to, or having the character of history.

HISTORIC DISTRICT shall mean a significant concentration, linkage or continuity of buildings, structures, sites, objects or improvements united historically by plan or physical development which qualifies for designation under section 17-24.4 of this article.

HISTORIC DISTRICT RESOURCES shall mean those resources classified as either key, contributing or noncontributing, which are defined as follows:

a. Key shall mean any buildings, structures, sites, objects or improvements which, due to their significance, would individually qualify for historic landmark status;

b. Contributing shall mean any buildings, structures, sites, objects or improvements which are integral components either because they date from a time period which makes them historically significant or because they represent an architectural type, period or method which is historically significant; and

c. Noncontributing shall mean any buildings, structures, sites, objects or improvements which do not have significant historical value because they neither date from a time period nor represent an architectural type, period or method which is historically significant.

HISTORIC LANDMARK shall mean any building, structure, site, object or improvement which qualifies for designation under section 17-24.4 of this article.

IMPROVEMENT shall mean a building or other structure, or any work constituting a man-made alteration of, or addition to, any building, structure, site or object.

INTEGRITY shall mean the authenticity of a building, structure, site, object, improvement or district evidenced by the survival of the physical characteristics that existed during its historic or prehistoric period.

INTERESTED PARTY shall mean any person whose right to use, acquire or enjoy property is affected by any action taken under this article, or whose rights to use, acquire or enjoy property under this article or under 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 article.

INVENTORY shall mean a list of historic properties determined to meet criteria of significance specified herein.

LANDSCAPE shall mean the visual character of the land, including but not limited to architecture, building setbacks and height, fences, hedgerows, plantings and vistas.

MASTER PLAN shall mean the master plan of the Township of Hopewell, as amended from time to time, compiled pursuant to the Municipal Land Use Law.

MINOR APPLICATION shall mean any application for a certificate of appropriateness which:

a. Does not involve demolition, relocation or removal of an historic landmark or a key or contributing resource in an historic district;

b. Does not involve an addition to an historic landmark or a property in an historic district or new construction in an historic district;

c. Is a request for approval of fences, signs, lighting, paving or streetscape work which, in the opinion of the chairman of the commission, will not substantially affect the characteristics of the historic landmark or the historic district;

d. Is a request for a field change for a certificate of appropriateness which has already been issued and which meets the criteria of paragraph c. above.

MUNICIPAL LAND USE LAW shall mean the Municipal Land Use Law of the State of New Jersey, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1, et seq.), as amended from time to time.

NATIONAL REGISTER CRITERIA shall mean the established criteria for evaluating the eligibility of properties for inclusion in the National Register of Historic Places, as set forth in 36 C.F.R. 60.4, et seq.

OBJECT shall be used as a term to distinguish from buildings and structures those constructions or features that are primarily artistic in nature or are relatively small in scale and simply constructed. Although it may be, by nature or design, movable, an object is associated with a specific setting or environment.

ORDINARY MAINTENANCE AND REPAIR shall mean the repair of any deterioration, wear or damage to a structure or any part thereof in order to return the same as nearly as practicable to its condition prior to the occurrence of such deterioration, wear, or damage with inkind material and quality workmanship.

PERMIT shall mean any required approval issued by the construction official pursuant to applicable building or construction codes for work or improvement(s) to property, or to a building or structure located thereon.

PERSON shall mean any individual, natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, firms, companies, corporations, entities or unincorporated groups; or any officers, agents, employees, servants, factors or any kind of personal representatives of any thereof in any capacity, acting either for himself or for any other person, under either personal appointment or pursuant to law. When permitted by context "person" shall also include the United States, the State of New Jersey and/or other States, or any political subdivision thereof, and any foreign country or government.

PRESERVATION shall mean the act or process of applying measures necessary to sustain the existing form, integrity and materials of an historic landmark. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction.

PROTECTION shall mean the act or process of applying measures designed to affect the physical condition of a property by defending or guarding it from deterioration, loss or attack, or to cover or shield the property from danger or injury.

RECONSTRUCTION shall mean the act or process of reproducing, by means of new construction, the form, features and detailing of a non-surviving building, structure, site, object, improvement or landscape for the purpose of replicating its appearance at a specific period of time and in its historic location when documentary and physical evidence is available.

REHABILITATION shall mean the act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historic values.

REPLACEMENT shall mean the act or process of replicating any exterior architectural feature that is used to substitute for an existing deteriorated or extensively damaged architectural feature.

RESTORATION shall mean the act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time. It may sometimes mean the removal of later work or the replacement of missing earlier work.

SECRETARY OF THE INTERIOR'S STANDARDS shall mean the publication issued by the U.S. Department of the Interior, National Park Service, entitled: "The Secretary of the Interior's Standards for the Treatment of Historic Properties," 36 C.F.R. 68, issued in 1992 and revised and supplemented from time to time.

SITE shall mean the location of a significant event, a prehistoric or historic occupation or activity, a building or structure, or a burial ground or cemetery, whether standing, ruined or vanished, where the location itself possesses historical, cultural or archaeological value regardless of the value of any existing structure.

STREETSCAPE shall mean the visual character of the street including, but not limited to, the architecture, building setbacks and height, fences, storefronts, signs, lighting, parking areas, materials, sidewalks, curbing and landscaping.

STRUCTURE shall be used as a term to distinguish from buildings those functional constructions made usually for purposes other than creating human shelter, such as a bridge.

SURVEY shall mean the inventory of buildings, structures, sites, objects, improvements and districts located within the Township of Hopewell which is conducted by the commission for the ascertainment of their historical significance pursuant to the provisions of this article.

SURVEY DATA shall mean the raw data produced by the survey; that is, all the information gathered on each property and area investigated.

VIEW OR VISTA shall mean the view by the public of a building, structure, site, object, improvement or landscape from any point on a street, road or walkway which is used as a public thoroughfare, either vehicular and/or pedestrian. (Ord. #00-1142, � 2)