ACCESSORY BUILDING or USE A building or use subordinate to the principal use of a building or structure on the same zone lot and serving a purpose customarily incidental to the use of the principal building.
ACCESSWAY A single vehicular entrance and/or exit combination between a street and a lot.
ADMINISTRATIVE AGENT The entity responsible for administering the affordability controls of some or all units in the affordable housing program for West Windsor to ensure that the restricted units under administration are affirmatively marketed and sold or rented, as applicable, only to low- and moderate-income households. [Added 10-15-2007 by Ord. No. 2007-18]
ADMINISTRATIVE OFFICER The Zoning Officer of the Township.
AFFORDABLE HOUSING DEVELOPMENT A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a one-hundred-percent-affordable development. [Added 1-20-2009 by Ord. No. 2008-52]
AGENT - One or more persons designated to represent the applicant before the Planning Board.
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.
ALTERATIONS A change or rearrangement in the structural parts or in the existing facilities or an enlargement, whether by extension of a side or by increasing in height or by moves from one location or position to another.
APPEAL - A request for a review of the (local administrator's) interpretation of any provision of this chapter or a request for a variance.
APPLICANT - A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT - The application form and all accompanying documents required by ordinance for approval of a site plan and subdivision plat, planned development, conditional use or zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36. [Amended 4-19-1999 by Ord. No. 99-07]
AREA OF SHALLOW FLOODING A designated AO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet, a clearly defined channel does not exist, the path of flooding is unpredictable and indeterminate and velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD - The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.
AUTOMOBILE SALES LOT OR BUILDING - A lot or building used for the sale or hire of automotive equipment. This shall be interpreted to include new and used car dealerships and auto accessory salesrooms, but not the sale of junked automotive equipment.
AUTOMOBILE SERVICE STATION OR GASOLINE STATION A structure and surrounding land used for the storage and sale of petroleum fuel primarily to motor vehicles and for accessory uses such as the sale of lubricants, accessories or supplies, the incidental washing of motor vehicles and the performing of minor repairs. A service station is not a repair garage nor a body shop.
AWNING A roof-like covering of canvas, aluminum or other material attached to a metal or other frame and supported entirely from a building or other structure.
BASE FLOOD The flood having a one-percent chance of being equaled or exceeded in any given year.
BASEMENT - The portion of a building that is partly below-grade, which has more than 1/2 of its height, measured from floor to ceiling, above the average finished grade of the ground adjoining the building for more than 50% of the total building perimeter and with a floor-to-ceiling height of not less than seven feet. [Amended 12-2-1991 by Ord. No. 91-31]
BILLBOARD - A sign which directs attention to and/or provides advertising for a business, commodity, service or entertainment which is conducted, sold or offered at a location other than the premises on which the sign is located. A billboard may also direct attention to and provide information regarding noncommercial and/or nonprofit organizations or messages where the noncommercial and/or nonprofit organization is not located on the premises on which the sign is located. [Added 10-15-1996 by Ord. No. 96-25; amended 12-23-1996 by Ord. No. 96-33; 12-15-1997 by Ord. No. 97-272 ]
BLOCK - The area bounded by one or more streets or a municipal boundary and of sufficient size to accommodate a lot or lots of the minimum size required in Part 4, Zoning, of this chapter, and as further specified herein.
BOARDING, LODGING OR ROOMING HOUSE - A building in which at least three but not more than six rooms are offered for rent for compensation, whether or not table board is furnished to lodgers, and in which no transients are accommodated and no public restaurant is maintained.
BREAKAWAY WALL A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system. [Added 4-6-1987 by Ord. No. 87-7]
BUILDABLE AREA - That portion of a lot lying between required yards and/or setback lines.
BUILDING - A combination of materials to form a construction adapted to a permanent temporary or continuous occupancy and having a roof.
BUILDING AREA - The horizontal plan projection taken at grade level of all covered or roofed areas on a lot, whether permanent or temporary. In computing building area, cornices, eaves, gutters, steps and balconies are excluded.
BUILDING COVERAGE - The building area covered by all buildings on a lot, including all roofed areas on a lot, fixed or temporary, expressed as a percentage of the total lot area. [Added 9-20-2010 by Ord. No. 2010-21]
BUILDING HEIGHT [Amended 12-27-1988 by Ord. No. 88-51]
(1) The vertical distance between the average level of grade along all exterior foundation walls of a building, which grade shall be substantially unchanged from the natural grade existing at the time of a development application submission, and each of the following:
(a) The highest parapet or cornice level, in the case of a flat roof.
(b) The mean level between the eaves and the highest ridge point, in the case of a pitched roof.
(2) Finished grade and/or berms at the foundation wall shall be disregarded in building height calculations.
(3) In this chapter, height limitation references to footage and number of stories are intended to limit building height to the specified maximum footage and number of stories within said footage. Building height calculations, unless otherwise excepted in this chapter, shall exclude building service equipment (e.g., mechanical services, elevator penthouses, condensers, exhaust fans, air-conditioning and similar equipment) and all appurtenant enclosures.
**Webmasters Note: The previous definitions, Affordable Housing Development through Building Height, have been amended as per a supplement dated 11-1-2010.
BUILDING LINE A line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered section of a building, the vertical plane will coincide with the most projected surface. All yard requirements shall be measured to the building line.
BUILD-TO LINE A line appearing graphically on the approved plan or stated as a setback dimension, along which a specified portion of the facade must be placed. It shall be measured from the right-of-way unless otherwise noted. When the build-to line conflicts with the front yard setback, the build-to line governs. [Added 11-23-2009 by Ord. No. 2009-22]
CAPITAL IMPROVEMENT A governmental acquisition of real property or major construction project.
CELLAR The portion of a building that is partly or entirely below grade, which has more than 1/2 of its height, measured from floor to ceiling, below the average finished grade of the ground adjoining the building. [A cellar shall be counted in floor area ratio (FAR) and maximum improvement coverage (MIC) computations if used for business or industrial purposes other than for ancillary storage.]
CHANNEL The bed and banks of a river, stream, brook or spring which convey the normal flow of the watercourse.
CHILD-CARE CENTER Any facility which is maintained for the care, development or supervision of six or more children under six years of age who attend for less than 24 hours per day and which is licensed by the New Jersey Department of Human Services. For a facility that is located in a sponsor's home, the children permanently residing in the sponsor's home shall not count in determining the number of children served by the center. [Added 12-16-1991 by Ord. No. 91-34]
CIRCULATION Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.
CLUB, SOCIAL A private or nonprofit organization for social purposes in which the principal use is in enclosed buildings and no outdoor sports are involved.
COAH OR THE COUNCIL The New Jersey Council on Affordable Housing established under the Act, which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the state. [Amended 1-20-2009 by Ord. No. 2008-52]
COMMERCIAL RECREATION FACILITY A structure or place designed for the conduct of sports and leisure-time activities which is operated as a business and open to the public. Such activities may be conducted either partially or entirely within the confines of a building or partially to entirely out-of-doors and shall include uses such as, but not limited to, the following: skating rinks, ice rinks, fitness/health clubs, sports courts, children's play and entertainment facilities, and accessory retail uses. [Added 11-13-2007 by Ord. No. 2007-19]
COMMON OPEN SPACE An open space area within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and 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.
COMMUNICATION TOWER Any tower on which wireless communications equipment is located or to which it can be attached. [Added 4-6-2010 by Ord. No. 2010-07]
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED Any community residential facility licensed pursuant to P.L. 1977 c. 448 (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 developmentally disabled or mentally ill persons, 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, intermediate care facilities, 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 (P.L. 1971, c. 136: N.J.S.A. 26:2H-1 et seq.). In the case of such a community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services. As used in this chapter, "developmentally disabled person" means a person who is developmentally disabled as defined in Section 2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2), and "mentally ill person" means a person who is afflicted with a mental illness as defined in N.J.S.A. 30:4-27.2, but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.3 [Amended 4-19-1999 by Ord. No. 99-07]
COMPOSTING, COMMERCIAL The on-site conversion of organic waste matter into compost which is used off-site, except where such compost is used on noncontiguous tracts under common ownership.[Added 11-30-1992 by Ord. No. 92-35; amended 12-14-1992 by Ord. No. 92-38]
CONDITIONAL USE 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 Part 4 of this chapter and upon the issuance of an authorization therefor by the Planning Board.
CONFERENCE CENTER A facility for business or professional conferences and seminars, which may contain accommodations for sleeping, eating, and recreation primarily supporting the conference use. [Added 8-12-1991 by Ord. No. 91-18]
**Webmasters Note: The previous definitions, Building Height through Conference Center, have been amended as per a supplement dated 6-1-2010.
CONGREGATE HOUSING Specifically designed multi-unit housing for independent to semi-independent older persons in which there is at least one hot meal served per day and some housekeeping services. Living units include at least a living/bedroom, bathroom and kitchenette. Personal care services and transportation may also be available by arrangement. [Added 10-24-1994 by Ord. No. 94-54]
CONSTRUCTION OFFICIAL The municipal official specified in the Building Code and designated as such by the Mayor as responsible for the enforcement of the State Uniform Construction Code.4 [Amended 10-25-1982 by Ord. No. 82-50; 4-19-1999 by Ord. No. 99-07]
CONTIGUOUS PARCEL Tracts of land which share a common boundary of at least 100 feet.
CONVENTIONAL DEVELOPMENT A development other than planned development.
CORPORATE OFFICE A building comprised of more than 10,000 square feet in which at least half are rented or occupied by a single corporation or firm and whose primary business is to serve as a regional or national center.
COUNTY MASTER PLAN A composite of the Master Plan for the physical development of the county in which the Township is located, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A 40:27-2 and 40:27-4.
COUNTY PLANNING BOARD The Planning Board of the county in which the land or development is located.
COURT Any area bounded by three or more attached building walls.
COVERAGE
(1) BUILDING COVERAGE The building area covered by all buildings on a lot, including all roofed areas on a lot, fixed or temporary, expressed as a percentage of the total lot area.
(2) IMPROVEMENT COVERAGE The building coverage plus the area of all paved surfaces, both impervious and pervious, which cover a lot, such as required parking spaces, including necessary maneuvering areas, passageways and driveways giving access thereto, service areas, accessways, streets, walkways, patios and plazas. [Amended 9-15-2008 by Ord. No. 2008-21]
CUL-DE-SAC OR DEAD-END-STREET A street or portion of a street in which accessibility is limited to only one single means of ingress and egress.
CURB The average level of the curb in front of the lot. DAYS Calendar days.
DAY-CARE CENTER A facility duly licensed by the New Jersey State Department of Institutions and Agencies for the daytime accommodation of children.
DEDICATION An appropriation or giving up of property to public use which precludes the owner or others under him or her from asserting any right of ownership inconsistent with the use for which the property is dedicated.
DENSITY The number of dwelling units per gross acre of land, including streets, easements and open space portions of a development.
DENSITY, GROSS The number of dwelling units per acre in a development as determined by calculation outlined in § 200-238 herein. [Amended 12-15-1986 by Ord. No. 86-35]
DENSITY, NET The total number of dwelling units of a particular dwelling type to be located in a residential designated use parcel divided by the net area of the parcel (e.g., land area within a designated use parcel excluding areas proposed as common open space or development collector streets).
DESIGNATED USE AREA An area shown on a plan of a planned development wherein particular types of dwellings units, commercial, industrial and/or common open space is situated and that is employed for the purpose of calculating the maximum net density and/or area requirements applicable to the designated use. Such designated use area shall include land covered by particular uses, internal local streets or minor accessways, pedestrianways and all private yards, but not development collector streets. The boundaries of such areas may but need not be the same with any existing or proposed record lot lines.
DEVELOPER The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining, excavation or landfill; and any use or change in the use of any building or other structure or land or extension of use of land for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq. [Amended 4-19-1999 by Ord. No. 99-07]
DEVELOPMENT FEE Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3. [Added 10-12-1993 by Ord. No. 93-30; amended 1-20-2009 by Ord. No. 2008-52]
DEVELOPMENT REGULATION A zoning ordinance, subdivision ordinance, site plan ordinance or other Township regulation of the use and development of land, or amendment thereto adopted pursuant to N.J.S.A. 40:55D-1 et seq. [Amended 4-19-1999 by Ord. No. 99-07]
DRAINAGE The removal of surface water or groundwater from the land by drains, grading or other means, such as retention or detention basins, including control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
DRIVE-IN Premises constructed to cater primarily to the motoring public, whether or not serving pedestrians as well as the automobile trade, and used for the sale to the public of any produce and providing curb and/or window counter service.
DWELLING Any permanent building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons. Dwellings may include but not be limited to the following types:
DWELLING, SINGLE-FAMILY A freestanding detached building on one lot, or within a lot held in common ownership, serving one family.
DWELLING, TWO-FAMILY A freestanding detached building on one lot, or within a lot held in common ownership serving two families, with private exterior entrances to each dwelling.
DWELLING, SEMIDETACHED A freestanding detached building on one lot, or within a lot held in common ownership serving up to four families, with private exterior entrances to each dwelling and, in general, having the exterior appearance of a single-family dwelling (e.g., duplex, triplex or quadraplex dwelling types).
DWELLING, MULTIFAMILY A building or portion thereof used or designed as a residence for three or more dwelling units, including garden apartment and mid-rise apartment projects.
DWELLING, MAISONETTE A multifamily building in which a single dwelling unit of one story is beneath or above a single dwelling unit of two stories, with an entrance to each dwelling unit by direct access to the outside or through a common hall.
DWELLING, PATIO HOME A building which contains one to four attached single-family dwelling units, each dwelling unit having as a major design feature an outdoor living space contiguous to and structurally contained by that dwelling unit, and which is joined to other similar units which have blank walls with no windows facing the patio of the adjoining dwelling unit.
DWELLING, ZERO LOT LINE A freestanding detached building on one lot, or within a lot held in common ownership, serving one family, with one wall of the building located on a side property line, including atrium houses. Side, rear or front yards may be enclosed to form common-walled, open courtyards or patios for each dwelling.
DWELLING, TOWNHOUSE A building containing at least four connected dwelling units divided by common party walls, with private entrances to each dwelling. For purposes of this chapter, a townhouse may include dwelling units with simple, condominium or cooperative ownership, or any combination thereof.
DWELLING, GARDEN APARTMENT Three or more dwellings located within a single building, with an entrance to each dwelling by direct access from the outside or through a common hall. Garden apartments may include buildings in cooperative or condominium ownership.
DWELLING, MID-RISE APARTMENT Three or more dwellings located within a single building more than four stories high with direct access to a - common hallway served by elevators from the ground level.
DWELLING, ZERO LOT LINE, SEMIDETACHED A freestanding building on one lot, serving one family, with one wall of an attached garage located on a side property line. The garage building wall located on the property line will serve as a common wall for an adjacent attached garage on the adjoining lot. [Added 9-26-1994 by Ord. No. 94-44]
DWELLING UNIT A group of interrelated rooms or structures, intended or designed for nontransient residential use of one family, separated from other dwelling units by lockable doors, having access to the outside without crossing another dwelling and having living and sleeping facilities, cooking facilities, fixed or portable, and complete sanitary facilities for the exclusive use of the occupants thereof.
EASEMENT An interest in land owned by another that entitles its owner to specific limited use or enjoyment.
EDUCATIONAL INSTITUTION Any public or private educational institution normally subject to regulations prescribed by the State of New Jersey.
ELEVATED BUILDING A nonbasement building built, in the case of a building, in an area of special flood hazard to have the top of the elevated floor or, in the case of a building in a coastal high hazard area, to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the ground level by means of piling, columns (posts and piers) or shear walls parallel to the flow of the water and adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In an area of special flood hazard, elevated building shall also include a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood dealers. In areas of coastal high hazard, elevated building shall also include a building otherwise meeting the definition of elevated building even though the lower area is enclosed by means of breakaway walls. [Added 4-6-1987 by Ord. No. 87-7]
ENVIRONMENTAL COMMISSION A Township advisory body created pursuant to N.J.S.A. 40:56A-1 et seq.5
EQUALIZED ASSESSED VALUE The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with Sections 1, 5, and 6 of P.L.1973, c.123 (N.J.S.A. 54:1-35a through 54:1-35c). [Added 10-12-1993 by Ord. No. 93-30; amended 1-20-2009 by Ord. No. 2008-52]
EROSION The detachment and movement of soil or rock fragments by water, wind, ice and gravity.
ESTABLISHMENT One place of business or one permanent usage.
FAMILY One or more persons customarily living as a single housekeeping unit.
FAMILY DAY-CARE HOME Any private residence approved by the Division of Youth and Family Services or an organization with which the Division contracts for family day-care in which child-care services are regularly provided to no less than three and no more than five children for no less than 15 hours per week. Family day-care services shall be considered a home occupation. A child being cared for under the following circumstances is not included in the total number of children receiving child-care services: [Added 12-16-1991 by Ord. No. 91-34]
(1) The child being cared for is legally related to the provider.
(2) The child is being cared for as part of a cooperative agreement between the parents for the care of their children by one or more of the parents, where no payment for the care is being provided.
FARM A tract of land of five acres or greater used for agriculture, the raising of crops or animal husbandry for consumption other than on the premises.
FARMING Agriculture, including the raising and harvesting of crops or trees and the feeding, breeding and managing of livestock, as a major source of income conducted upon a lot of not less than five acres in area. The existence of a vegetable garden for home consumption or the presence of not to exceed three animals as pets is not construed as farming.
FAST-FOOD OPERATIONS A business establishment where food and drink are sold ready for consumption and where customers consume the food and drink either inside or outside the confines of the establishment.
FENCE A vertical enclosure, solid or partially open, to prevent straying from within or intrusion from without. A fence over seven feet high is also considered a "structure" for purposes of this chapter.
'FILLING STATION Any establishment servicing motor vehicles with fuel, supplies and accessories, but not major repairs, including establishments designated as automobile service stations or gasoline stations. [Amended 4-19-1999 by Ord. No. 99-07]
FINAL APPROVAL The official action of the Planning Board taken on a preliminary approved plat/site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion or approval conditioned upon the posting of such guaranties.
FINANCIAL INSTITUTIONS Any structure wherein business of primarily a financial nature is transacted, such as banks, savings and loans, mortgage companies and similar institutions.
FLAG A sign that is mounted on a freestanding pole or other support that is made of cloth, canvas, fabric or like material designed or intended to advertise, identify or attract attention to a business organization. National, state, county or municipal flags are not considered flag signs and are not prohibited by this ordinance. [Added 10-6-2008 by Ord. No. 2008-28]
FLAG LOT A lot having less than the required frontage and configured so that a stem provides access to the buildable portion of the lot, which is in back of another lot. [Added 9-15-2008 by Ord. No. 2008-20]
FLOOD OR FLOODING A general and temporary condition of partial or complete inundation of normally dry land areas from the unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM) The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY The official report provided in which the Federal Emergency Management Agency has provided flood profiles, as well as the Flood Boundary - Floodway Map and the water surface elevation of the base flood.
FLOODPLAIN The relatively flat area or lowlands adjoining the channel of a river, stream, watercourse, canal or any body of standing water which has been or may be covered by floodwater.
FLOODWAY The channel and portions of the adjacent floodplain that carry the greater part of the flood flow at greater depths and velocities than do the other parts of the floodplain, 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 design flood and that are delineated on the Flood Boundary-Floodway Map as floodways in the Township and that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.
FLOOR AREA The sum of the gross horizontal areas of the several floors of a building or group of buildings on a lot, measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings. Floor area shall not include roof overhangs less than three feet or any floors or portions thereof contained on terraces or balconies projecting beyond the exterior face of the building, areas occupied permanently by mechanical equipment,) any space where the floor-to-ceiling height shall be less than seven feet, provided that such space shall be used only for storage, building maintenance and operation activities, and roofed or enclosed areas devoted exclusively to off-street parking and loading spaces in excess of the number required by ordinance. Basements which satisfy applicable construction code definitions of habitable space, whether finished or unfinished, are included in floor area calculations for residential purposes. [Amended 12-2-1990 by Ord. No. 91-31]
FLOOR AREA RATIO (FAR) - The aggregate floor area, in square feet, of a building or group of buildings on a lot divided by the area, in square feet, of the lot. [Amended 7-27-1987 by Ord. No. 87-20; 4-19-1999 by Ord. No. 99-07]
GARAGE, PRIVATE - A building or enclosed space used as an accessory to the main building which provides the storage of motor vehicles and in which no occupation, business or service for profit is carried on.
GARAGE, PUBLIC OR COMMERCIAL - A building or enclosed space other than a private garage for the storage of motor vehicles exclusively or for the storage of motor vehicles at which filling station service, sales of accessories or repairs, other than body and collision repairs and painting and refinishing, are permitted. This term does not include motor vehicle showrooms for new or used motor vehicles.
GENERAL OFFICE A building comprised of more than 10,000 square feet in which at least 1/2 are rented or occupied by noncorporate or nonprofessional service-oriented business concerns.
GREEN BUILDING STRATEGIES - Those strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services. [Added 1-20-2009 by Ord. No. 2008-52]
HOME OCCUPATION A professional office, individual instruction and provision of services conducted in a dwelling unit and subordinate to the residential use and meeting the criteria established for home occupations in Article XXIX of Part 4, Zoning. [Amended 8-22-1988 by Ord. No. 88-15]
HOTEL - Any building, including but not limited to any related structure, accessory building, and land appurtenant thereto, and any part thereof, which contained 10 or more units of dwelling space or has sleeping facilities for 25 or more persons and is kept, used, maintained, advertised as, or held out to be a place where sleeping or dwelling accommodations are available to transient or permanent guests. This definition shall also mean and include any hotel, motor hotel, motel, corporate suite or established guesthouse. [Amended 3-5-2007 by Ord. No. 2007-01; 11-23-2009 by Ord. No. 2009-22]
HOUSEKEEPING UNIT - One or more persons living together in one dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a nonprofit basis.
IMPERVIOUS SURFACE - A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water. [Added 9-15-2008 by Ord. No. 2008-21 ]
IMPROVEMENT COVERAGE The building coverage plus the area of all paved surfaces, both impervious and pervious, which cover a lot, such as required parking spaces, including necessary maneuvering areas, passageways and driveways giving access thereto, service areas, accessways, streets, walkways, patios and plazas but excluding walkways, impervious or pervious materials used as landscape elements, such as fish ponds, birdbaths, stone/wood mulch used as a landscape feature in flower areas, walls made of wood, stone, pavers or similar materials enclosing flower or vegetable gardens, bark mulch, crushed stone, blue stone or similar materials used in flower or vegetable gardens for weed control and/or the appearance of the materials. [Added 9-20-2010 by Ord. No. 2010-21]
INCINERATOR - A furnace for reducing waste material to ashes.
INTERESTED PARTY - In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey and, 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 N.J.S.A. 40:55D-1 et seq. 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 N.J.S.A. 40:55D-1 et seq. [Amended 4-19-1999 by Ord. No. 99-07[
JUNKYARD - The use of any space, whether inside or outside a building, for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition, salvage, resale or abandonment of automobiles or other vehicles or machinery or parts thereof.
KENNEL - Any structure, premises or refuge wherein or whereon the business of boarding or selling or breeding of small animals is carried on; included shall be such establishments as animal shelters and animal hospitals.
LAND - Improvements and fixtures on, above or below the surface.
LANDFILL - A lot or part thereof used for disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose of garbage, offal, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or standardized products.
LANDSCAPING An area of land restricted to landscape items which may also include such element as natural features, earth berms, sculpture, signs, lighting, accessways, bikeways and pedestrianways, but not including motor vehicle parking, extending along the entire lot line where they are required. The width of a landscape area shall be measured as right angles to the lot line.
LANDSCAPE SCREEN/STRIP A completely planted visual barrier (or having equivalent natural growth) composed of evergreen plants and trees and/or shrubs arranged to form both a low-level and a high-level screen.
LANDSCAPE TRANSITION BUFFER - An area of land restricted to landscape elements, which may include lawns, plantings, natural features, earth berms, sculpture, lighting, bikeways and pedestrian pathways, but not including motor vehicle parking extending along the entire lot line(s) where they are required. The width of a landscape buffer shall be measured at right angles to the lot line.
LIVE/WORK UNIT - A building that provides both residential and work space on a single property, some of whose residents might work there and some of which might accommodate nonresident employees. [Added 11-23-2009 by Ord. No. 2009-22]
LIVING SPACE The net square footage inside the unit, but excluding, stairways, garages, balconies and porches. [Added 12-23-1996 by Ord. No. 96-35]
LOGO - Any symbol, shape, graphic or picture that a company uses to represent itself as a branding tool. [Added 10-6-2008 by Ord. No. 2008-28]
LOT - 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.
**Webmasters Note: The previous definitions, Floor Area Ratio (FAR) through Lot, have been amended as per a supplement dated 11-1-2010.
LOT AREA The area of a lot taken at its perimeter, exclusive of any portion within a public or private street right-of-way.
LOT, CORNER A lot at the junction of and abutting on two or more intersecting streets, where the interior angle of intersection does not exceed 135.
LOT DEPTH The length of a line, lying midway between and parallel to side lines or midway between and making equal angles with two converging side lines, between the point of its intersection with the street line and the point of its intersection with a rear lot line.
LOT, FLAG A lot having its full size and area behind another lot and having access to a street by a right-of-way not less than 50 feet wide. Such lots known as "pork chop," "rear" or "L" shaped shall also be defined as herein.
LOT FRONTAGE The straight line distance measured between points where side lines meet street lines: e.g., the chord of a circle in a cul-de-sac.
LOT, FRONT OF In the case of a lot abutting one street only, the edge of the lot which abuts the street. When a lot abuts two or more streets, the front of the lot is that abutting side which is so designated on the lot plan by the owner, and abutting edges adjacent to the designated front shall be considered as sides of the lot. Any other edge abutting a street which is not a front or side as above defined shall also be considered a front.
LOT LINE Any boundary of a lot other than a street line.
LOT, THROUGH A lot, other than a corner lot, which extends from one street to another, having frontage on both streets.
LOT WIDTH The distance between the side lines measured parallel to the front lot line at the minimum front yard setback line.
LOW- AND MODERATE-INCOME HOUSING Dwelling units developed pursuant to § 200-237 herein. [Amended 2-25-1985 by Ord. No. 85-1]
LOWEST FLOOR The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other applicable nonelevation design requirements. [Added 6-11-1984 by Ord. No. 84-16; amended 4-6-1987 by Ord. No. 87-7]
LOW-INCOME HOUSEHOLD A household earning between 0% and 50% of the median income 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.
LOW-INCOME HOUSING Housing which, with the appropriate purchase or rental subsidy, is constructed and kept available for families or individuals, including senior citizens whose incomes do not exceed low-income levels as defined, from time to time, for the Township by the United States Department of Housing and Urban Development. [Amended 2-25-1985 by Ord. No. 85-11
MAINTENANCE GUARANTY Any security which may be accepted by the Township for the maintenance of any improvements required by N.J.S.A. 40:55D-1 et seq., including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5 and cash. [Amended 4-19-1999 by Ord. No. 99-07]
MAJOR SUBDIVISION Any subdivision not classified as a minor subdivision.
MANUFACTURED HOME A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" shall also include park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles. [Added 4-6-1987 by Ord. No. 87-7]
MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION A parcel (or contiguous parcels) of land divided into two or more manufacturer home lots for rent or sale. [Added 4-6-1987 by Ord. No. 87-7]
MANUFACTURING, LIMITED 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. Limited 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.
MARQUEE Any hood, canopy, awning or permanent construction which projects from the wall of a building, usually above an entrance.
MASTER PLAN A composite of one or more written or graphic proposals for the development of the Township as set forth in and adopted pursuant to N.J.S.A. 40:55D-28 et seq.
MINOR SUBDIVISION Any subdivision of land that does not involve more than two lots fronting on an existing street or road, provided that such subdivision does not involve a planned development, any new street or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to Article XVIII. No minor subdivision shall be approved by the Planning Board if any earlier minor subdivision has already been made from the same original parcel after August 15, 1975. Parcels resulting from such or future minor subdivision actions shall not be decreed to constitute a new original parcel.
**Webmasters Note: The previous definitions, Floor Area Ratio (FAR) through Minor Subdivision, have been amended as per a supplement dated 6-1-2010.
MODERATE-INCOME HOUSEHOLD A household earning between 50% and 80% of the median income 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. [Amended 2-25-1985 by Ord. No. 85-1]
MODERATE-INCOME HOUSING Housing which, with the appropriate purchase or rental subsidy, is constructed and kept available for families or individuals, including senior citizens whose incomes do not exceed moderate-income levels as defined, from time to time, for the Township by the United States Department of Housing and Urban Development.
MOTEL A building or group of buildings containing rented rooms for transients and having access either directly to the outside or through a common lobby or corridor.
MULTIPURPOSE SPORTS PATIO A combination of materials providing for an exclusive and separate playing surface, constructed on a stabilized base of compact crushed rock, concrete, asphalt, wood decking or safety tiles, for the playing of such activities as basketball, volleyball, badminton, shuffleboard, hopscotch, roller-skating or racquetball. [Added 12-19-1994 by Ord. No. 94-62]
MUNICIPAL AGENCY The Planning Board, Board of Adjustment or Township Council or any agency created by or responsible to the municipality when acting pursuant to Part 3, Subdivision and Site Plan Procedures.
MUNICIPAL HOUSING LIAISON The employee charged by the Township Council with the responsibility for oversight and administration of the affordable housing program for West Windsor. [Added 10-15-2007 by Ord. No. 2007-18]
MUNICIPALITY Township of West Windsor.
NEW CONSTRUCTION Structures for which the start of construction commenced on or after the effective date of this chapter.
NONCOMMERCIAL SIGN A sign not larger than 16 square feet for residential districts and 32 square feet for nonresidential districts which directs attention to and/or reports or comments or editorializes on matters of public interest and/or presents or promotes an opinion, viewpoint or belief on a social, cultural, philosophical, political, religious or other subject. [Added 12-23-1996 by Ord. No. 96-33]
NONCONFORMING LOT A lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NONCONFORMING USE A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NURSING HOME A facility operated for the purpose of providing therein lodging, board and nursing care to sick, invalid, infirm, disabled or convalescent persons for compensation and duly licensed by all governmental agencies.
OFFICIAL COUNTY MAP The map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of the county pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32 to 40:55D-36.
OFF-SITE Located outside the lot lines of the lot or portions of a lot but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.
OFF-TRACT Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
ON-SITE Located on a lot or portion of a lot which is the subject of a development application.
ON-TRACT Located on the property which is the subject of a development application or a contiguous portion of a street or right-of-way.
OPEN SPACE Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be 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 The duly authorized agent, attorney, purchaser, devisee, fiduciary or any person having vested or contingent interest in the property in question.
PERFORMANCE GUARANTY Any security which may be accepted by the Township, including but not limited to surety bonds, letters of credit under circumstances specified in N.J.S.A. 40:55D-53.5, and cash. [Amended 4-19-1999 by Ord. No. 99-07]
PERSON Any association, partnership, corporation, cooperative group, trust or other entity, as well as an individual.
PERVIOUS SURFACE Any paved surface, including porous pavement and environmental pavers, that permits the percolation of surface water through it, but which does not permit normal landscape treatment. [Added 9-15-2008 by Ord. No. 2008-21]
PLANNED DEVELOPMENT Planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development. For purposes of Part 4, Zoning, the following types of planned development are utilized:
PLANNED UNIT RESIDENTIAL DEVELOPMENT, PLANNED RESIDENTIAL DEVELOPMENT OR PLANNED RESIDENTIAL NEIGHBORHOOD An area with a specified minimum contiguous acreage as specified by ordinance to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate public or quasi-public uses all primarily for the benefit of the residential development.
RESIDENTIAL CLUSTER OR OPEN SPACE CLUSTER RESIDENTIAL DEVELOPMENT An area to be developed as a single entity according to a plan containing residential housing units in which the individual lots have a common or public open space area as an appurtenance. Open space cluster development pertains only to single-family detached dwelling units.
**Webmasters Note: The previous definitions, Community Residence for the Developmentally Disabled through the previous definition for Planned Development, have been amended as per a supplement dated 1-15-2009.
PLANNED COMMERCIAL DEVELOPMENT - An area of a minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses or both and any residential and other uses incidental to the predominant use as may be permitted by ordinance.
PLANNED INDUSTRIAL DEVELOPMENT OR RESEARCH OFFICE LIMITED MANUFACTURING PARK DEVELOPMENT - An area of a minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by ordinance.
MIXED USE CENTER PLANNED DEVELOPMENT - An area of a minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate a mix of office, hotel, recreational and convention uses and any specialty retail or service and residential or other uses incidental to the predominant uses as may be permitted by ordinance.
PLANNED EDUCATIONAL DEVELOPMENT - An area of a minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate private educational facilities of higher learning arid other uses incidental to the predominant use as may be permitted by ordinance.
PLAT - The map of a subdivision.
PLAT, FINAL - The final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with Part 3, Subdivision and Site Plan Procedures, and which, if approved, shall be filed with the Clerk of the County of Mercer for recording in accordance with law.
PLAT, PRELIMINARY - The preliminary map indicating the proposed layout of the subdivision, which is submitted to the Planning Board for consideration and preliminary approval and meeting the requirements of Article XVII, Part 3, Subdivision and Site Plan Procedures.
PLAT, SKETCH - The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of Part 3, Subdivision and Site Plan Procedures.
PLAZA - A continuous open area, accessible to the public at all times and designed to receive maximum sunlight, containing but not limited to trees and other landscaping, seating, decorative pavement, artwork and kiosks.
PORTE-COCHERE - A porch roof or canopy projecting over a driveway at the entrance to a building and sheltering those entering or exiting the building. [Added 6-8-2004 by Ord. No. 2004-18]
PRELIMINARY APPROVAL - The conferral of certain rights as set forth in Part 3, Subdivision and Site Plan Procedures, prior to final approval and after specific elements of a development plan have been agreed upon by the Planning-Board and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS - Architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form its scope, scale and relationship to its site and immediate environs.
PRINCIPAL BUILDING - A building in which is conducted the main or principal use of the lot on which said building is located.
PROFESSIONAL OFFICE - The office of a member of a recognized profession or occupation, including architects, artists, authors, dentists, doctors, lawyers, veterinarians, ministers, musicians, optometrists, engineers, realtors and such other similar professions or occupations which may be so designated by the Board of Adjustment upon finding by such Board that such occupation is truly professional in character by virtue 4 the need for similar 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 in which it is located to a greater extent than for the professional activities listed herein.
PUBLIC AREAS - Public parks, playgrounds, trails, paths and other recreational areas and other public open spaces, scenic and historic sites and sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSAL - A master plan, capital improvements program or other proposal for land development adopted by the appropriate public body, or any amendment. thereto.
PUBLIC DRAINAGEWAY - The land reserved or dedicated for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of exiting and proposed culverts and bridges, to induce water recharge into the ground where practical and to lessen nonpoint pollution. [Amended 4-19-1999 by Ord. No. 99-07]
PUBLIC OPEN SPACE - An open space area conveyed or otherwise dedicated to the Township, Township agency, the regional Board of Education, a state or county agency or any other public body for recreational or conservational uses.
PUBLIC WATER/PUBLIC SEWERAGE - Water supply and sewage disposal systems that serve more than one dwelling or other building; such systems may be either privately or publicly owned and operated.
QUORUM - The majority of the full authorized membership of the municipal agency. [Amended 4-19-1999 by Ord. No. 99-07]
**Webmasters Note: The previous definitions, Residential Cluster or Open Space Cluster Residential Development through Quorum, have been amended as per a supplement dated 11-15- 2004.
RESEARCH The act or enterprise of systematic search for, acquisition of and practical application of scientific knowledge in the biological, chemical, physical and engineering sciences, specifically including, but not limited to: [Added 2-11-1991 by Ord. No. 91-01; amended 4-19-1999 by Ord. No. 99-07]
(1) Analytical, theoretical, experimental and scientific investigation.
(2) Design, engineering and development of materials, products and processes.
(3) Assembly, fabrication, operation and processing of prototype materials, processes and products as necessary for test and/or evaluation.
(4) Pilot plant manufacturing, operation and processing of prototype materials, processes and products as necessary for test and/or evaluation.
(5) Distribution, sales and storage of materials, processes and products as necessary for test and/or evaluation.
(6) Direct administration, control, management and support of the above activities and the personnel so employed, as necessary.
RESEARCH LABORATORY A facility housing research, as defined herein. Research and research support uses include but are not limited to the following: [Amended 2-11-1991 by Ord. No. 91-01]
(1) Laboratories devoted to experimentation in the biological, chemical, physical and/or engineering sciences, including the design, development, engineering and/or testing of materials, processes and products and the assembly, fabrication operation, and/or processing of prototype materials, processes and/or products for test and/or evaluation.
(2) Rooms housing equipment and/or materials actively and directly used in research, including computer rooms, conference rooms, libraries and demonstration rooms.
(3) Office space for employees, consultants and/or visitors actively participating in, supervising or supporting research uses.
(4) Cafeteria/kitchen space for serving employees and guests; shipping/receiving, stockroom and storage facilities; support services; dispensary; and exercise, locker and shower rooms for employees.
RESIDENTIAL CLUSTER A contiguous area to be developed as a single entity according to a plan containing residential housing units in which the individual lots have a common or public open space area as an appurtenance. [Amended 4-19-1999 by Ord. No. 99-07]
RESIDENTIAL DENSITY The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.
RESTAURANT Any premises where food is commercially sold for on-premises consumption to patrons seated at tables or counters. Any facility making use of carhop or parking lot service to cars or for the consumption of food to be eaten in said cars or outdoors shall not be considered a restaurant for the purpose of this chapter and shall be deemed to be a drive-in establishment.
RETAIL CONVENIENCE FOOD STORE A retail establishment of up to 5,000 square feet selling primarily food products, household items, newspapers and magazines, candy and beverages, and a limited amount of freshly prepared foods such as sandwiches and salads for off-premises consumption. [Added 11-23-2009 by Ord. No. 2009-22]
RIGHT-OF-WAY LINES The boundary lines of land used or intended for use as streets, as shown on deeds, plats or the master plan, and from which yard and other requirements shall begin.
SCHOOL Any public or private institution offering instruction for students up to and through the secondary level.
SEDIMENTATION The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
SENIOR CITIZEN HOUSING Housing within which residency shall be restricted to permanent residents of the age 62 years and over, except for the spouse and one child 18 years or more of age of a qualifying resident.
SETBACK An area extending the full width of the lot between the street right-of-way and the required yard within which no buildings or parts of buildings may be erected.
SHARED CAR SERVICES - Car rental services whereby cars are available for rental for short period of times.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2011-05.
SHOPPING CENTER A tract of land, with buildings or structures planned as a whole and intended for three or more retail establishments, with accessory parking and loading on the same site.
SIGN Any structure or part thereof or any device attached to a building or painted or represented thereon which shall display or include any letter, word, model, banner, pennant, insignia, device, trade flag, symbol or representation which is in the nature of or which is used as an announcement, direction or advertisement, for commercial purposes or otherwise. A sign includes any message, neon tube, string of lights or similar device outlining, hung, painted upon or attached to a part of a building or lot, but does not include the flag or insignia of any nation or group of nations or of any governmental agency or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement, organization or event. Excluded from this definition are signs which are solely devoted to prohibiting trespassing, hunting or fishing.
SIGN AREA The entire space within a single continuous perimeter enclosing the extreme limits of a sign or, when a sign consists of individual letters or logos, the space bounded by the largest vertical height or the lettering/logo by the largest horizontal width. For double-sided identical signs, only one side constitutes total sign area. For monument signs, sign area includes only the area that encloses the extreme limits of the lettering/logo. It does not include the base and/or cap of the monument. [Amended 10-6-2008 by Ord. No. 2008-28]
SIGN BAND The horizontal area on a building facade located between the first floor elevation and the top of any door and windows located on the first floor. [Added 10-6-2008 by Ord. No. 2008-28]
**Webmasters Note: The previous definitions, Research through Sign Band, have been amended as per a supplement dated 6-1-2010.
SIGN FUNCTIONS May include, but not be limited to, the following: [Amended 10-6-2008 by Ord. No. 2008-28]
ADVERTISING A sign directing attention to a business commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is maintained.
BUSINESS A sign directing attention to a business, commodity, service or entertainment conducted, sold or offered upon the same premises as those upon which the sign is located.
DIRECTORY A sign of permanent character that is attached directly to the building and is parallel to the building, but with interchangeable letters, words or numerals, indicating the names of persons associated with or services offered upon the premises whereon a sign is maintained.
INSTRUCTIONAL A sign conveying instructions with respect to the premises on which it is maintained, such as parking lot entrance or exit signs and danger signs.
NAMEPLATE A sign indicating the name, address and/or profession or occupation of a person.
PUBLIC Signs of a noncommercial nature and in the public interest erected by or on the order of a public officer in the performance of his or her duty, such as safety signs, danger signs, memorial plaques or citations, official court and public notices, signs of historical interest and the like.
TEMPORARY A sign which is designed to advertise or announce, for a limited period, a particular event or series of events, to solicit political support or to announce the availability for sale of a particular item or items.
SIGN HEIGHT The greatest vertical dimension between the top of a sign and the ground.
SIGN, ILLUMINATED Any sign illuminated by electricity, gas or other artificial light, including reflective or phosphorescent light.
SIGN, INTERIOR Any sign that is affixed to or painted on the interior of a window or any sign located inside and within three feet of the face of the window, which sign is designed to be visible from the exterior of the window.
SIGN TYPES May include, but not be limited to, the following types: [Amended 10-15-1996 by Ord. No. 96-25; 10-6-2008 by Ord. No. 2008-28]
GROUND A freestanding sign supported by uprights or braces in or upon the ground and not attached to any part of a building.
GROUND-MOUNTED PROJECT/TENANT IDENTIFICATION A freestanding sign that sits directly upon the ground and is not attached to any part of a building that identifies the name of a development and/or tenants of a particular development.
HANGING A sign designed to project beyond the front face and perpendicular to it over a public walkway.
INTEGRAL A sign carved into stone, concrete or similar material or made of bronze, aluminum or other permanent type construction and made an integral part of the structure.
MARQUEE A sign attached to or hung from a marquee, canopy or other covered structure projecting from and supported by the building.
MONUMENT A low, freestanding sign that sits directly upon the ground and is not attached to any part of a building.
ROOF A sign which is erected, constructed or maintained on, above or as part of the roof of any building.
WALL A sign which is attached directly to the building and is parallel to the building.
WINDOW Any sign, pictures, symbol or combination thereof displayed in a window.
BILLBOARDS See definition of "billboard."
SITE PLAN A development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices; and any other information that may be reasonably required in order to make an informed review and determination as to approval of the plan by the Planning Board as stipulated by Part 3, Subdivision and Site Plan Procedures.
SITE PLAN, MAJOR Any site plan involving 10 acres or more.
SITE PLAN, MINOR A site plan involving fewer than 10 acres and modification to existing buildings or structures, but not involving a change in use, a planned development, any new street or extension of any off-tract improvement and not affecting existing circulation, drainage, building arrangements, landscaping, buffering and lighting and not requiring a variance or waiver except as required to comply with the Americans with Disabilities Act. [Amended 4-12-1993 by Ord. No. 93-10]
START OF CONSTRUCTION [for other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-3481)] shall include substantial improvement and shall mean the building permit was issued, provided that the actual start of construction, repairs, reconstruction, placement or other improvement was within 180 days of the permit. The "actual start" shall mean either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. [Amended 4-6-1987 by Ord. No. 87-7]
STORY That part of any building, exclusive of cellars but inclusive of basements, comprised between the level of one finished floor and the level of the next higher finished floor or, if there be no higher finished floor, then that part of the building comprised between the level of the highest finished floor and the top of the roof beams.
**Webmasters Note: The previous definitions, Research through Story, have been amended as per a supplement dated 1-15-2009.
STORY, HALF - Any space partially within the roof framing where the clear height of not more than 65% of such space between the top of the floor beams and the structural ceiling level is seven feet or more.
STREET - Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway or which is shown upon a plat heretofore approved pursuant to law or which is approved by official action as provided by Part 4, Zoning, or 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.
STREET LINE - The dividing line between a lot and a street right-of-way.
STRUCTURE - 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.
SUBDIVIDER - Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under Part 3, Subdivision and Site Plan Procedures, to effect a subdivision of land hereunder for himself or for another.
SUBDIVISION - The division of a lot, tract or parcel of land into two 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: divisions of land found by the Planning Board or a committee thereof to be for agricultural purposes where all resulting parcels are five acres or larger in size; divisions of property by testamentary or intestate provisions; divisions of property upon court order including but not limited to judgments of foreclosure; consolidation of existing lots by deed or other recorded instrument; and 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." [Amended 4-19-1999 by Ord. No. 99-07]
SUBDIVISION DEVELOPMENT SIGN - A temporary sign used for the purpose of advertising the sale of lots or other parcels of land."
SUBSTANTIAL IMPROVEMENT - Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% 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 that 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 of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
SWIMMING POOL, PRIVATE - An outdoor water pool which is not operated for gain and which is intended to be used for swimming or bathing by any family or persons residing on the premises and their guests. An outdoor water pool shall, for the purposes of this chapter, be construed to mean any swimming pool, tank, above or below grade, depression or excavation in any material, dike or berm constructed, erected, excavated or maintained which will cause the retaining of water to a greater depth than 18 inches and having a plan surface of water greater than 100 square feet.
TANDEM PARKING - A parking space that has access to a driveway or aisle used for vehicular traffic only through another parking space. [Added 6-8-2004 by Ord. No. 2004-18]
TAVERN - A business selling alcoholic beverages for consumption on the premises.
THEATER, MOTION-PICTURE - An indoor facility designed and intended for the showing of movies on a fixed screen.
THEATER, LEGITIMATE - An indoor facility designed and intended for live dramatic, cultural or other similar events.
TRACT - A parcel, property or area of land comprised of one or more lots adjacent to one another, established by a plat or otherwise as permitted by law, to be used, developed or built upon as a unit.
USE - The purpose for which land or structure(s) is arranged, designed or intended or for which either land or structure(s) is or may be used, occupied or maintained.
USE, PRINCIPAL - The main or primary purpose or purposes for which land and/or structure(s) or use therefor is designed, arranged or intended or for which they may be occupied or maintained under Part 4 Zoning. All other structures or uses on the same lot and incidental or supplementary thereto and permitted under Part 4, Zoning, shall be considered accessory uses.
VARIANCE - Permission to depart from the literal requirements of a zoning ordinance pursuant to N.J.S.A. 40:55D-60, 40:55D-40b and/or 40:55D-70c and d.
VETERINARY CLINIC A place where animals are given medical care, and the overnight stay of animals is limited to short-term care incidental to the veterinary use. Such facilities shall not include the breeding or boarding of animals, pet store, pet grooming shops or pet salons. [Added 5-1-2000 by Ord. No. 2000-081
WIRELESS COMMUNICATIONS FACILITY Communication towers or structures, whether existing or proposed to be built, and improvements thereto, wireless communication antennas, associated equipment compounds, and other facilities designed to provide wireless communication services. [Added 4-6-2010 by Ord. No. 2010-071
YARD A ground area, unoccupied space open to the sky except for permitted fences, garden walls, plantings and accessways, and that portion of any lot extending inward from the lot or street line for the distance required by the district within which the lot is located.
**Webmasters Note: The previous definitions, Veterinary Clinic through Yard, have been amended as per a supplement dated 6-1-2010.
YARD, FRONT - A ground area, unoccupied except for permitted fences, garden walls, planting and/or accessways fully open to the sky, between the street line and a line drawn parallel thereto along the front of the building, extending from lot line to lot line.
YARD LINE - A line drawn parallel to a street or lot line at a distance therefrom equal to the respective yard dimension required by Part 4, Zoning.
YARD, REAR - A ground area, unoccupied except for permitted fences, garden walls, planting and/or accessways, fully open to the sky, between the . rear lot line and a line drawn parallel thereto along the rear of the buildings, extending from lot line to lot line.
YARD, REQUIRED - Any yard measured between a line drawn parallel to a street or lot line at a distance therefrom equal to the respective yard dimension required by Part 4, Zoning.
YARD, SIDE - A ground area, unoccupied except for permitted fences, garden walls, planting and/or accessways, fully open to the sky, between any lot line other than a street or rear lot line, and a line drawn parallel thereto along the side of the building, between the front and rear yards.
ZONING BOARD - The Zoning Board of Adjustment as established under Part 4, Zoning.
ZONING DISTRICT - A finite area of land, as designated by its boundaries on the Zoning Map, throughout which specific and uniform regulations govern the use of land and/or the location, size and use of buildings.
ZONING MAP - The map annexed to and made part of this chapter, indicating zoning districts.
ZONING OFFICER - The municipal official appointed by the Township Council to carry out the literal provisions of Part 4, Zoning. [Added 10-25-1982 by Ord. No. 82-48]
ZONING PERMIT - A document signed by the administrative officer which either 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 or 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 N.J.S.A. 40:55D-60 and 40:55D-70.
COMPACTION - The increase in soil bulk density.
CORE - A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
COUNTY REVIEW AGENCY - An agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
A. A county planning agency; or
B. A county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve or disapprove municipal stormwater management plans and implementing ordinances.
DEPARTMENT - The New Jersey Department of Environmental Protection.
DESIGNATED CENTER - A state development and redevelopment plan center as designated by the State Planning Commission such as urban, regional, town, village or hamlet.
DESIGN ENGINEER - A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.
DEVELOPMENT - 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 structure, 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, by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural lands, development means: any activity that requires a state permit; any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:IC-1 et seq.
DRAINAGE AREA - A geographic area within which stormwater, sediments or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.
EMPOWERMENT NEIGHBORHOOD - A neighborhood designated by the Urban Coordinating Council "in consultation and conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A 55:19-69.
ENVIRONMENTALLY CRITICAL AREAS - An area or feature which is of significant environmental value, including but not limited to: stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and wellhead protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Non-game Species Program.
EROSION - The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
IMPERVIOUS SURFACE - A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
INFILTRATION - The process by which water seeps into the soil from precipitation.
MAJOR DEVELOPMENT - Any development that provides for ultimately disturbing one or more acres of land. "Disturbance," for the purpose of this rule, is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting or removing of vegetation.
NODE - An area designated by the State Planning Commission concentrating. facilities and activities which are not organized in a compact form.
NUTRIENT - A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
POLLUTANT - Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)], thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the state or to a domestic treatment works. Pollutant includes both hazardous and nonhazardous pollutants.
RECHARGE The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
SEDIMENT Solid material, mineral or organic, that is in suspension, is being transported or has been moved from its site of origin by air, water or gravity as a product of erosion.
SITE The lot or lots upon which a major development is to occur or has occurred. SOIL All unconsolidated mineral and organic material of any origin.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1) An area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the state's future redevelopment and revitalization efforts.
STATE PLAN POLICY MAP The geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.
STORMWATER Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface or is captured by separate storm sewers or other sewage or drainage facilities or conveyed by snow removal equipment.
STORMWATER RUNOFF Water flow on the surface of the ground or in storm sewers resulting from precipitation.
STORMWATER MANAGEMENT BASIN An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin) or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE Any structural or nonstructural strategy, practice, technology, process, program or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.
TIDAL FLOOD HAZARD AREA A flood hazard area which may be influenced by stormwater runoff from inland areas but which is primarily caused by the Atlantic Ocean.
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD A neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.
URBAN ENTERPRISE ZONES A zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.
URBAN REDEVELOPMENT AREA Previously developed portions of areas:
A. Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;
B. Designated as CAFRA Centers, Cores or Nodes;
C. Designated as Urban Enterprise Zones; and
D. Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATERS OF THE STATE The ocean and its estuaries, all springs, streams, wetlands and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
WETLANDS OR WETLAND An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."