ACCESSORY APARTMENT - A self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance, which is created within an existing home or through the conversion of an existing attached accessory structure on the same site or by an addition to an existing home or accessory building. [Added 3-18-1996 by Ord. No. 6-96]
ACCESSORY USE OR STRUCTURE - A use or structure 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. Where an accessory building is attached in a substantial manner, by a wall or roof, to a principal building or structure, it shall be considered a part of said principal structure or roof.
ACRE - Forty-three thousand five hundred sixty square feet.
ADMINISTRATIVE OFFICER - The Zoning Officer.
ADULT DAY CARE FACILITY - A facility in which adults may engage In recreational. educational and social activities on a daily basis. Such a facility may include meat service for patrons, although no overnight visitations or residential use is permitted.
**Webmasters Note: The previous definition has been added as per Ordinance No. RO-03.00.
AFFORDABLE - Having a. sales price or rent within the means of a low- or moderate-income household as defined in N.J.A.C. 5:93-7.4, or for housing developed in accordance with the third-round rules of the New Jersey Council on Affordable Housing, as defined by N.J.A.C. 5:94-7.
**Webmasters Note: The previous definition has been added as per Ordinance No. RO-35-05.
AGENT - One or more persons designated to represent the applicant before the Planning Board. All agents of corporations representing said corporation before the Planning Board shall be attorneys licensed to practice in the State of New Jersey.
AGRICULTURE [Amended 7-18-1994 by Ord. No. 15-94]:
COMMERCIAL AGRICULTURE - A. The production, principally for the sale to others, of plants, animals or their products, including but not limited to forage, grain and feed crops; dairy animals and dairy products; livestock, including beef cattle, poultry, sheep, swine, horses, ponies, mules and goats, including the breeding and grazing of all such animals; bees and apiary products; fruits of all kind, including grapes, nuts and berries; vegetables; and nursery, floral, ornamental and greenhouse products. Commercial agriculture does not include intensive poultry or hog farming or extensive animal feedlot operations.
HOME AGRICULTURE - B. The production, principally for home use or consumption, of plants, animals or their products and for sale to others where such sales are incidental, including but not limited to gardening, fruit production and poultry and livestock products for household use only.
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.
AMUSEMENT ARCADE - A place where the floor area occupied and devoted to coin-operated amusement devices exceeds 15% or 300 square feet, whichever is less, of the floor area of the structure housing the use which is open to the public. The floor area devoted to the amusement devices shall include the area occupied by the device in an area sufficient to accommodate players and bystanders, but in no event shall this area be less than 25 square feet per device. Rest rooms shall not be included in computing the floor area of the structure which is open to the public.
ANIMAL FEEDLOT OPERATIONS - Any structure, pen or corral whose primary use is to maintain cattle, horses, sheep, goats or swine in close quarters for the purpose of fattening such livestock for final shipment to market. [Added 6-21-1993 by Ord. No. 17-93]
ANIMAL HOSPITAL - Any establishment where four or more animals are given medical or surgical treatment. Use as a kennel shall be limited to short-term boarding and shall be incidental to such hospital use.
ANTENNA, DISH-TYPE - An apparatus not exceeding 12 feet in diameter or II 3 square feet of reflector area designed for the purpose of receiving, for private noncommercial use only, television, radio, microwave or other similar signals from a satellite.
APARTMENT - One or more rooms with private bath and kitchen facilities comprising an independent self-contained dwelling unit occupied by a single family in a building containing more than one dwelling unit.
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 subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to Section 25 (N.J.S.A. 40:55D-34) or Section 27 (N.J.S.A. 40:55D-36) of the Municipal Land Use Law.
APPROVING AUTHORITY - The Planning Board of the municipality, unless a different agency is designated by ordinance.
AREA OF PROTECTION - That portion of the property in front of the proposed development area which naturally screens the development improvements from the public traveled way or public area or public open space opposite the proposed development area.
**Webmasters Note: The previous definition has been added as per Ordinance No. RO-44-05.
ASSISTED LIVING RESIDENCE - A facility which is licensed by the New Jersey Department of Health to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four or more adult persons, age 55 years and older. unrelated to the proprietor Apartment units offer, at a minimum, one unfurnished room, a private bathroom. and a kitchenette, and a lockable door an the unit entrance.
**Webmasters Note: The previous definition has been added as per Ordinance No. RO-03-00.
AUTOMOTIVE SERVICE STATION OR GASOLINE STATION - A place where gasoline, kerosene or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, including the sale of accessories, greasing, oiling and light motor service on the premises.
BASEMENT - A story, partly below grade level, having 1/2 or more of its floor-to-ceiling height above the average level of the adjoining ground. A basement shall be counted as a story if used for business or dwelling purposes.
BED-AND-BREAKFAST INN - A private single-family residence which provides overnight lodging for transient guests and provides breakfast for registered guests in the forenoon of each day. [Added 11-18-1991 by Ord. No. 30-91]
BEDROOM - A private room planned and intended for sleeping, separable from other rooms by a door. [Added 6-21-1993 by Ord. No. 17-93]
BLOCK - The area bounded by one or more streets or a municipal boundary of sufficient size to accommodate a lot or lots of the minimum size required in Chapter XVII, Zoning, and as further specified herein.
BOARD OF ADJUSTMENT - The Board established pursuant to Chapter 217, Zoning, Article XI, Zoning Board of Adjustment.
BUILDING - A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
BUILDING COVERAGE - That area of a lot which is occupied by a building or structure, but not including uncovered walkways, steps, patios or a parking lot or area or any similar improvements thereto.
BUILDING HEIGHT - The vertical distance from the average of the finished grade measured at the corners of a building to the highest point of the roof, provided that the maximum height at any corner may not exceed the average height by more than 20%, but not including chimneys, spires, towers, silos, elevators, satellite dishes, tanks, antennas, air-conditioning equipment and similar projections that are usual and customary appurtenances to the subject building; provided, however, that such projections shall not cover more than 5% of the roof area, nor extend more than 10 feet beyond the maximum permitted height in the zone and, where appropriate, shall be shielded by a parapet wall. [Amended 8-21-1995 by Ord. No. 27-95]
BUILDING, PRINCIPAL - A structure in which is conducted the principal use of the site on which it is situated.
CAPITAL IMPROVEMENT - A governmental acquisition of real property or major construction project.
CARPORT - A roofed structure providing space for the parking of motor vehicles and enclosed on not more than three sides.
CATEGORY ONE WATERS OR C1 - Those waters designated in N.J.A.C. 7:913-1.15
**Webmasters Note: The previous definition has been added as per Ordinance No. RO-43-05.
CELLAR - A story, partly above grade level, having more than 1/2 of its floor-to-ceiling height below the average level of the adjoining ground. A cellar shall not be used as a dwelling unit.
CENTRAL SEWAGE TREATMENT FACILITY - A public sewer system or community sewer system which satisfies local and state codes and regulations. [Added 6-21-1993 by Ord. No. 17-93]
CENTRAL WATER FACILITY - A public water system or community water system which satisfies local and state codes and regulations. [Added 6-21-1993 by Ord. No. 17-93]
CHANGE OF USE - Any alteration. substitution. conversion or Intensification of a use on any property that will require greater parking requirements as prescribed by Section 159-39 of the Code of the Township of Washington.
**Webmaster's Note: The previous definition has been added as per Ordinance No. 21-99.
CHILD-CARE CENTER - An establishment licensed and approved by the Division of Youth and Family Services 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. [Added 11-18-1991 by Ord. No. 31-1991]
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.
COIN-OPERATED AMUSEMENT DEVICE - Any amusement machine or device operated by means of the insertion of a coin, token or similar object for the purpose of amusement or skill and for the playing of which a fee is charged. Specifically included within this definition are pinball machines and electronic games.
COMMERCIAL VEHICLES - Includes, but shall not be limited to, tractors, backhoes, front-end loaders, hauling trailers, trucks, buses, school buses and the like. Pickup trucks having a maximum carrying capacity of one ton and camping or other recreational vehicles for the personal use of the property owner shall not be included.
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.
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 this chapter and upon the issuance of an authorization therefor by the Planning Board.
CONSTRUCTION OFFICIAL - The municipal official specified in the Building Code and designated as such by the governing body previously known as the "Building Inspector."
CONTIGUOUS - Next to, abutting or touching and having a boundary, or portion thereof, which is coterminous. [Added 6-21-1993 by Ord. No. 17-93]
CONVENTIONAL - Development other than planned development.
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 open unoccupied area which is bounded by three or more attached building walls.
CUL-DE-SAC OR DEAD-END STREET - A street or portion of a street in which accessibility is limited to only one ingress and egress.
CUT OFF LIGHT FIXTURE - A light fixture with cutoff optics that allows no direct light emissions above a vertical cutoff angle of 80 degrees above nadir (straight down at perfect vertical), through the light fixture's lowest light emitting part when the mounting height is 16 feet or less. Any structural part of the light fixture providing this cutoff angle must be permanently affixed.
**Webmasters Note: The previous definition has been added as per Ordinance No. RO-32-02.
DAYS - Calendar days.
DENSITY, MAXIMUM GROSS - The total number of dwelling units on a tract divided by the total area of the tract, except as noted in Chapter 217, Zoning, § 217-61D(l)(a) and (b). The resulting ratio is expressed as dwelling units per acre (du/ac).
DENSITY, NET - The total number of dwelling units within a designated residential land use parcel divided by the net land area of the designated residential land use parcel. The net land area is the total land area, less major recreational facilities, streets and public facilities within the parcel. The resulting ratio is expressed as dwelling units per acre (du/ac).
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 - means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use 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.
**Webmasters Note: The previous definition has been amended as per Ordinance No. RO-35- 05.
DEVELOPMENT REGULATION - Chapter 217, Zoning, Chapter 175, Subdivision and Land Development, Chapter 159, Site Plan Review, Official Map Ordinance, this chapter or other township regulation of the use and development of land, or amendments thereto.
DISTURBANCE OF STEEP SLOPES - Any physical activity that results in removal of vegetation, modification of topography by cutting or filling, stripping of topsoil and/or placing of physical structures or improvements thereon. [Added 8-21-1995 by Ord. No. 29-95]
DIRECT GLARE SOURCE - Any direct glare source visible above a height of five feet at the subject property line.
**Webmasters Note: The previous definition has been added as per Ordinance No. RO-32-02.
DIVISION - The Division of State and Regional Planning in the Department of Community Affairs.
DRAINAGE - The removal of surface water or groundwater from land by drains, grading or other means, and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution and to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding.
DRIVE-IN RESTAURANT - A building where food and/or beverages are sold in a form ready for consumption and where all or a portion of the consumption of the same takes place or is designed to take place outside the confines of the building but on the building lot.
DWELLING - A structure or portion thereof which is used exclusively for human habitation.
DWELLING, ATTACHED - A one-family dwelling attached to two or more one-family dwellings by common vertical walls.
DWELLING, DETACHED - A dwelling which is completely surrounded by permanent open spaces. (Trailers and mobile homes shall constitute an exception to this definition.)
DWELLING, DUPLEX - A structure on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
DWELLING, MULTIFAMILY - A building occupied or intended for occupancy as separate living quarters for more than two families or more than two households, with direct access from the outside for each family or household or through a common hall, and further provided that separate cooking, sleeping and sanitary facilities are provided for the exclusive use of the occupants of each dwelling unit. Certain features of a multiple-family dwelling may be provided in common, such as off-street parking, yards and open space. Multiple-family dwellings may include buildings in cooperative or leasehold ownership or in condominium ownership.
DWELLING, PATIO HOUSE - A one-family dwelling on a separate lot with open space setbacks on three sides and with a court (also known as "zero-lot-line homes").
DWELLING, QUADRUPLEX - Four attached dwellings in one structure in which each unit has two open space exposures and shares one or two walls with adjoining unit or units.
DWELLING, SEMIDETACHED - A one-family dwelling attached to one other one family dwelling by a common vertical wall, and each dwelling is located on a separate lot.
DWELLING, SINGLE-FAMILY - A building occupied or intended for occupancy exclusively for one family or one household with direct access from the outside and further provided with cooking, sleeping and sanitary facilities for the exclusive use of the occupants of the unit. (Trailers and mobile homes shall constitute an exception to this definition.)
DWELLING, SINGLE-FAMILY DETACHED - A dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means.
DWELLING, TOWNHOUSE - A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit and each unit is separated from any other unit by one or more common fire-resistant walls.
DWELLING UNIT - One or more rooms occupied or intended for occupancy as separate living quarters by one family or household and for which separate cooking, sleeping and sanitary facilities are provided within the dwelling for the exclusive use of the occupants thereof.
DWELLING UNITS, MARKET-RATE - Housing units not restricted to low- and moderate-income households that may sell at any price determined by a willing seller and a willing buyer.
**Webmasters Note: The previous definition has been added as per Ordinance No. RO-35-05.
ENVIRONMENTAL COMMISSION - A township advisory body created pursuant to P.L. 1968, c. 245 (N.J.S.A. 40:56A-1. et seq.).
EROSION - The detachment and movement of soil or rock fragments by water, wind, ice and gravity.
ESSENTIAL SERVICE - The erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground, surface or overhead gas, electrical, steam or water storage or transmission systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, light stations, telephone lines, hydrants, tanks and other similar equipment and accessories herewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health, safety or general welfare. Requirements for underground utilities shall be subject to the requirements of the Public Utility Commission, as well. as other municipal ordinances, where appropriate. This term does not include antennas or towers for communications, such as cellular telephones, radios, beepers or the like, unless it is owned and operated exclusively by a municipal or other government agency. [Amended 7-20-1992 by Ord. No. 10-92; 8-21-1995 by Ord. No. 27-95]
FAMILY - Any number of persons related by blood, marriage or adoption or unrelated persons living together as a single housekeeping unit and using certain rooms and housekeeping facilities in common. A family also includes foster children placed with a family in such dwelling by the Division of Youth and Family Service or a duly incorporated child-care agency.
FAMILY DAY-CARE HOME [Added 11-18-1991 by Ord. No. 31-91; amended 7-20-1992 by Ord. No. 9-92] - Any private residence 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. A child being cared for under the following circumstances is not included in the total number of children receiving child care services:
A. The child being cared for is legally related to the provider; or
B. The child is being cared for as part of a cooperative agreement between parents for the care of their children by one or more of the parents, where no payment for the care is being provided.
FARM - An area of land made up of single or multiple joining or non-joining parcels which is organized as a management unit actively devoted to agricultural or horticultural use, including but not limited to cropland, pasture, idle or fallow land, woodland, wetlands, farm ponds, farm roads and under-farm buildings and other enclosures related to agricultural pursuits, which occupies no fewer than five acres, exclusive of the land upon which the farm house is located and such additional land as may actually be used in connection with the farmhouse, as provided by N.J.S.A. 54:4-23.2, 54:4-23.4, 54:4-23.5 and 54:4-23.1 1.
FINAL APPROVAL - The official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranties.
FLAG LOT - A lot in the shape of a flag or other configuration contiguous to the top or side of a mast. The lot area, exclusive of the mast, shall conform to the minimum lot size of its zone, but not lot frontage.
FLOOR AREA - The sum of the gross horizontal areas of the several floors of a building measured from the exterior walls in a building. Floor area shall not include areas devoted to mechanical equipment serving the building, areas devoted exclusively to off-street parking and loading space for motor vehicles and to any space where the floor-to-ceiling height shall be less than seven feet.
FLOOR AREA RATIO - The ratio of total floor area to lot area.
FLY ASH - Particles of airborne matter, not including process material, resulting from the combination of solid fuel, such as coal or wood.
FOOTCANDLE (FC) - A unit of illuminance on a surface one foot square in area onto which there is a uniform flux of one lumen.
**Webmasters Note: The previous definition has been added as per Ordinance No. RO-32-02.
FOOTLAMBERT (FL) - 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 in footlamberts is the product of the illuminance in footcandles striking the surface times the reflectance of the surface.
**Webmasters Note: The previous definition has been added as per Ordinance No. RO-32-02.
FORESTRY - The management of timber tracts, tree farms, forest nurseries, the harvesting of forest products or the performance of forest services. [Added 6-21-1993 by Ord. No. 17-93]
GARAGE - A detached building or structure containing no more than three bays used for the storage of vehicles maintained for the resident occupant of the premises, and no service is rendered to the public or business conducted therein. No door providing access to a garage bay shall exceed eight (8) feet in height.
**Webmasters Note: The previous definition has been amended as per Ordinance No. RO-02- 08.
GENERAL DEVELOPMENT PLAN - A comprehensive plan for the development of a planned development, as provided in P.L. 1987, c. 129 (N.J.S.A. 40:55D-45.2).
GEOLOGIC HAZARDS - Solution channels, collapse sinkholes, subsidence sinkholes, disappearing streams, closed depressions and caves. 6 [Added 4.20-1998 by Ord. No. 4-98]
GLARE - The sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort or loss in visual performance and visibility.
**Webmasters Note: The previous definition has been added as per Ordinance No. RO-32-02.
GOVERNING BODY - The Township Committee of Washington Township.
GREENHOUSE - A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment. See "nursery." [Added 6-21-1993 by Ord. No. 17-93]
HISTORIC BUILDING - Any building which has been formally designated in the Master Plan as being of historical, archaeological, cultural, scenic or architectural significance. [Added 4-20-1998 by Ord. No. 7-98]
HISTORIC DISTRICT - One or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.
HISTORIC INN - An historic building which provides overnight lodging for transient guests which may include, in a nonresidential zone only, public dining facilities for guests and other patrons. [Added 4-20-1998 by Ord. No. 7-98]
HISTORIC SITE - Any real property, man-made structure, natural object or configuration or any portion or group of the foregoing which have been formally designated in the Master Plan as being of historical, archaeological, cultural, scenic or architectural significance.
HOME OCCUPATION - Commercial endeavors than are located on the same lot as residential uses and are compatible with the property and neighborhood in which they are located and do not impair the underlying use of the property and neighborhood, as defined by the restrictions in Chapter 217, Zoning, § 217-41A(11). [Amended 4-17-1995 by Ord. No. 12-95]
HORTICULTURAL USES - The cultivation of flowers, fruits, vegetables or ornamental plants. [Added 6-21-1993 by Ord. No. 17-93]
HOTEL, MOTOR HOTEL OR MOTEL - A building designed for occupancy as a temporary residence of one or more persons who are lodged with or without meals.
HOUSEHOLD - A family or unrelated persons living together as a single housekeeping unit.
HOUSE OF WORSHIP - A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. [Amended 7-15-1991 by Ord. No. 19-91]
IESNA - illuminating Engineering Society of North America. An organization that recommends standards for the lighting industry.
**Webmasters Note: The previous definition has been added as per Ordinance No. RO-32-02.
IMPROVABLE LOT AREA - A contiguous area located on a residential lot within the minimum required setbacks that is free of areas of existing conservation easements, bodies of water, area of floodplains, wetlands, stream, corridor and open water buffers; areas of slopes 20% and greater as measured and calculated between 2' contour intervals, NJDEP required wetland transition areas; and Highlands Special Resource Protection Areas, except that the improvable lot area may contain a total of 1,000 square feet of area of slopes 20% and greater.
**Webmasters Note: The previous definition has been amended as per Ordinance No. RO-15- 06.
IMPROVED LOT COVERAGE - That portion of one or more than one lot which is improved or is proposed to be improved with principal and accessory buildings and structures, including driveways, parking lots, pedestrian walkways, signs and other manmade improvements on the ground surface.
INTERGENERATIONAL CHILD CARE FACILITY - A child care center as defined in N.J.S.A. 40:55D-66.6, and regulated in ordinance Section 217-54 in which senior citizens may be the care givers.
**Webmasters Note: The previous definition has been added as per Ordinance No. RO-03-00.
INTENSIVE HOG FARMING -The use of the land with the raising of large quantities of hogs for market as its main purpose. [Added 6-21-1993 by Ord. No. 17-93]
INTERESTED PARTY :
A. In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey.
B. In the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or whose rights to use, acquire or enjoy property under this chapter 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 chapter.
INTERMITTENT STREAM - Surface water drainage channels with definite bed and banks in which there is not a permanent flow of water. Most intermittent streams are shown on Soil Conservation Service county soil, surveys and/or as watercourses shown on U.S.G.S. quadrangle maps. These are portrayed as a dashed line on a USDA Soil Survey Map of the most recent edition, or as state open water identified in a letter of interpretation issued by the NJDEP Land Use Regulation Program, whichever is more inclusive.
**Webmasters Note: The previous definition has been added as per Ordinance No. RO-43-05.
KENNEL - Any establishment, except a pet shop, where the keeping boarding, training, selling or breeding of four or more dogs that are more than seven months old is carried on. The keeping of four or more dogs more than seven months old, regardless of ownership, on any lot shall constitute a kennel.
LAND - A defined area which may include improvement and structures on, above or below the surface.
LIGHT INDUSTRY - Those type, class or particular establishments which, within the confines of the building or buildings, assemble marketable products or provide a service.
LIGHT TRESPASS - Any form of artificial illuminance emanating from a light fixture or illuminated sign that penetrates other property and creates a nuisance, as specified in Section 3.
**Webmasters Note: The previous definition has been added as per Ordinance No. RO-32-02.
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. A street passing through land shall be considered as having divided the land into lots. A building lot shall be one meeting the minimum area and dimension requirements as specified in Chapter XVII, Zoning, and fronting on an approved street.
LOT AREA - The computed area contained with the lot lines, but not including any road rights-of-way.
LOT COVERAGE - See "building coverage."
LOT DEPTH - The average of the three horizontal distances between the front lot line and the rear lot line, measured perpendicular to the front lot line at either end and at the midpoint of the front lot line.
LOT FRONTAGE - The length of the front lot line.
LOT LINE - A line of record bounding the lot.
LOT LINE ADJUSTMENT - An exchange of land which does not create an additional building lot.
LOT LINE, FRONT - The lot line separating the lot from the road right-of-way.
LOT LINE, REAR - The lot line opposite and most distant from the front lot line or the point at which the two side lot lines meet, as the case may be.
LOT LINE, SIDE - Any lot line other than a front or rear lot line. A side lot line separating a lot from a road is called a "side road lot line."
LOT WIDTH - The distance between the side lot lines measured parallel to the front lot line at the minimum front yard setback line.
MAINTENANCE GUARANTY - Any security, other than cash, which may be accepted by the township for the maintenance of any improvements required by this chapter.
MAJOR SITE PLAN - Any site plan not classified as a minor site plan. [Amended 7-19-1993 by Ord. No. 21-93]
MAJOR SUBDIVISION - Any subdivision not classified as a minor subdivision by the Planning Board.
MAP FILING LAW - The law describing map filing requirements, Chapter 141 of the Laws of 1960 (N.J.S.A. 46:23-9.9).
MASTER PLAN - A composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to Section 19 of the Municipal Land Use Law.
MAYOR - The chief executive of Washington Township.
MINOR SITE PLAN - A site plan which does not have a significant impact on the immediate neighborhood or community, by the fact that there will be no significant increase in traffic, noise, impervious coverage or change in character of the use. Specifically, a minor site plan is a site plan which:
A. Does not involve planned unit development.
B. Does not involve or include any new street or extension of any off-tract improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42.
C. No more than 5,000 square feel of land will be disturbed.
D. Adds or changes no more than four parking spaces.
E. Complies with the off-at reef parking regulations in Chapter 159. Site Plan Review §159-39A.
F. Creates no variances.
G. Involves or adds no more than 600 square feet of floor area or 5% of the existing floor area, whichever Is greater.
H. Does not create the need for additional stormwater management facilities pursuant to the requirements of Chapter 175. Subdivision of Land, §175-49, Surface water management standards.
I. Does not involves prohibited or conditional use with the exceptions of bed and breakfast and home occupations.
J. Is determined to be a minor site plan by the Minor Site Plan Committee based upon the information provided by the applicant.
**Webmaster's Note: The previous definition has been amended as per Ordinance No. 17-99.
MINOR SUBDIVISION - Any subdivision containing not more than two lots, exclusive of the remaining lot or parcel, fronting upon an existing street, not involving any new street or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of an adopted Master Plan, Official Map, Chapter XVII, Zoning, or of this chapter.
MUNICIPALITY - The Township of Washington.
NONCONFORMING BUILDING - A building which does not conform to one or more of the regulations of this chapter for the zone in which it is located.
NONCONFORMING LOT - A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE - A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter 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 this chapter 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.
NURSERY - A place where young trees or other plants are raised for transplanting or sale. [Added 6-21-1993 by Ord. No. 17-93]
NURSERY SCHOOL - A school designed to provide daytime care or instruction for two or more children from two to six years of age, inclusive, and operated on a regular basis.
NURSING HOME - A building providing shelter and/or supplemental health for the elderly or infirm and meeting the standards of the New Jersey State Department of Institutions and Agencies to operate as a nursing home.
OFFICIAL COUNTY MAP - The map, with changes and additions therein, 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 Article 5 of the Municipal Land Use Law.
OFF-SITE - Located outside the lot lines of the lot in question but within the property of which the lot is a part, which is the subject of a development application or contiguous portion of a street or right-of-way.
OFF-TRACT - Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
ON-SITE - Located on the lot in question.
ON-TRACT - Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
100-YEAR FLOOD LINE - The area adjacent to the stream that is inundated by the 100-year storm event as calculated per NJDEP accepted methods unless a Federal Emergency Management Act (FEMA) flood line (i.e., limits of the 100-Year Flood Hazard Area) or NJDEP flood line has previously been calculated, in which case the FEMA flood line, NJDEP flood line, or the more recently calculated of these two will be the standard.
**Webmasters Note: The previous definition has been added as per Ordinance No. RO-43-05.
OPEN SPACE - Any parcel or area of land or water essentially unimproved and set aside, dedicated, designed 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.
OUTDOOR ENCLOSED LIGHT FIXTURE - An electrically powered illuminating device which is either temporarily or permanently installed outdoors, including but not limited to, devices used to illuminate any site, architectural structure or sign.
**Webmasters Note: The previous definition has been added as per Ordinance No. RO-32-02.
OWNER - An individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to develop the same under this chapter.
PARKING AREA, PRIVATE - Any open area, other than a road or other public way, used for the temporary storage of automobiles and other vehicles for private use of the owners or occupants of the lot on which the area is located.
PARKING AREA, PUBLIC - Any open area, other than a road or other public way, used for the temporary storage of automobiles and other vehicles and available to the public, whether for a fee or without compensation or as an accommodation for clients, customers or employees.
PARK, PUBLIC - An open, improved or enclosed tract of land owned by a local, municipal, county, state or federal government, devoted to the purposes of providing light, air and open space and areas for active and passive recreation, pleasure, conservation, ornament and play for the general public. [Added 7-20-1992 by Ord. No. 10-92]
PARTY IMMEDIATELY CONCERNED - For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under Chapter 217, Zoning, § 217-117, Hearing on appeals or application; notice of hearing and service.
PERFORMANCE GUARANTY - Any security which may be accepted by the township, including cash, provided that the township shall not require more than 10% of the total performance guaranty in cash.
PLANE - The surface where the exterior walls of a structure are parallel to any straight line and constitute a facade. [Added 6-21-1993 by Ord. No. 17-93]
PLANNED COMMERCIAL DEVELOPMENT - An area of a minimum contiguous size, as specified by this chapter, 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 this chapter.
PLANNED DEVELOPMENT - Planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
PLANNED INDUSTRIAL DEVELOPMENT - An area of a minimum contiguous size, as specified by this chapter, 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 this chapter.
PLANNED UNIT DEVELOPMENT - An area with a specified minimum contiguous acreage of 100 acres or more, to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial area in such ranges of ratios of nonresidential uses to residential uses as specified in this chapter.
PLANNED UNIT RESIDENTIAL DEVELOPMENT - An area with a specified minimum contiguous acreage of 100 acres or more, to be developed as a single entity according to a plan, containing one or more residential clusters which may include appropriate commercial or public or quasi-public uses, all primarily for the benefit of the residential development.
PLANNING BOARD - The Planning Board of Washington Township.
PLAT - The map or maps of a subdivision or site plan.
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 these regulations and which, if approved, shall be filed with the Clerk of the County of Morris for recording in accordance with law. A plat that receives final approval shall have been prepared by a New Jersey licensed professional engineer or land surveyor in accordance with all of the provisions of Chapter 141 of the Laws of 1960.9
PLAT, SKETCH - The sketch map of a major subdivision of sufficient accuracy to be used for the purpose of discussion and classification and which meets the requirements of Chapter 175, Subdivision of Land, Article V, Plat Details.
PRELIMINARY APPROVAL - The conferral of certain rights pursuant to Sections 34, 36 and 37 (N.J.S.A. 40:55D-46, 40:55D-48, and 40:55D-49) of the Municipal Land Use Law prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
PRELIMINARY FLOOD 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.
PRELIMINARY PLAT - The plat indicating the proposed layout of the development which is submitted to the Planning Board for consideration and tentative approval and meets the requirements of Chapters XVI and XVII.
PUBLIC AREAS :
A. Public parks, playgrounds, trails, paths and other recreation areas.
B. Other public open spaces.
C. Scenic and historic sites.
D. Sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSAL - A Master Plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendments thereto.
PUBLIC DINING FACILITIES - A dining room(s), open to all members of the public, whether or not registered as guests of the facility providing overnight lodging. [Added 4-20-1998 by Ord. No. 7-98]
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 existing and proposed culverts and bridges, to induce water recharge into the ground, where practical, and to lessen nonpoint pollution.
PUBLIC OPEN SPACE - An open space area conveyed or otherwise dedicated to the township or a township agency, board of education, state or county agency or other public body for recreational or conservational uses.
PUBLIC TRAVELED WAY - All rights-of-way within the Township of Washington irrespective of the manner in which they have been created and including paths, trails, or easements over which public access is permitted.
**Webmasters Note: The previous definition has been added as per Ordinance No. RO-44-05.
PUBLIC VIEW - Visible from a public thoroughfare, public lands or buildings, public pathways, trails or bicycle paths and navigable waterways. [Added 3-17-1997 by Ord. No. 9-97]
QUORUM - The majority of the full authorized membership of a municipal agency.
RECREATION, COMMERCIAL - Facilities operated as a business and open to the public for a fee.
RECREATION, COMMERCIAL PRIVATE - Facilities operated by a business and open only to bona fide members and guests of such organization.
RECREATION, NONCOMMERCIAL PRIVATE - Facilities operated by a nonprofit organization and open only to bona fide members and guests of such nonprofit organization.
RESIDENTIAL CLUSTER - An area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.
RESIDENTIAL DENSITY - The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.
RESUBDIVISION :
A. The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or
B. The alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
RIDING ACADEMIES - Establishments for equestrian studies and instruction. [Added 6-21-1993 by Ord. No. 17-93]
RIDGELINE - The line along a mountainside or hillside, which when viewed from any public traveled way or public areas or public open space appears to be the highest elevation of the mountain chain or line of hills and represents a line marking or following that ridge top as it appears when viewed from any public traveled way, public area or public open space.
**Webmasters Note: The previous definition has been amended as per Ordinance No. RO-44- 05.
RIDGELINE, MOUNTAINSIDE, HILLSIDE AND VIEWSHED PROTECTION AREA - The area between the toe of slope and the edge of the plateau, where there is one, or between the toe of slope and that point of the mountain chain or line of hills which appears to be the highest elevation when viewed from the public traveled way and/or public areas or public open space.
**Webmasters Note: The previous definition has been added as per Ordinance No. RO-44-05.
ROADSIDE AGRICULTURAL STAND - A structure, such as a booth, used for the sale of agricultural, forestry or horticultural products, the majority of which are produced on the premises. [Added 6-21-1993 by Ord. No. 17-93]
ROOMING HOUSE - A dwelling unit containing rooms for rent providing lodging and/or boarding of individuals.
SEASONAL HOUSING - Structures used to house seasonal agricultural workers complying with applicable state and local codes and regulations. [Added 6-21-1993 by Ord. No. 17-93]
SEDIMENTATION - The deposition of soil that has been transported from its site or origin by water, ice, wind, gravity or other natural means as a product of erosion.
SENIOR CITIZEN DWELLING UNIT - Housing units provided for the benefit of no more than two (2) permanent residents per household who are persons fifty-five (55) years of age or older. Nothing herein shall prohibit a spouse from residing in such a development who is under the age of 55 years provided that such spouse is married to a person who's a minimum of 55 years of age. No person under the age of 18 is permitted to be a permanent resident with this zone.
**Webmasters Note: The previous definition has been added as per Ordinance No. RO-03-00.
SHOPPING CENTER - Two or more retail commercial establishments located in one building or structure designed as a planned commercial development, as defined herein.
SIGN - Any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public.
SIGN, ADVERTISING - A sign which directs attention to a business, commodity, service or other facility conducted, sold or offered elsewhere than on the premises where the sign is located.
SIGN, BUSINESS - A sign which directs attention to a business, commodity, service or other facility conducted, sold or offered upon the premises where such sign is located or to which it is affixed.
SIGN, ELECTION - A sign or placard having reference to the election of a particular candidate to public office or to the adoption or rejection of any public question or referendum at a special, primary or general election. [Added 12-17-1990 by Ord. No. 37-90]
SIGN, FLASHING - A sign in which the artificial light is not maintained constant in intensity, color or frequency at all times when such sign is in use.
SIGN, GROSS ADVERTISING AREAS OF - The entire space within a single continuous perimeter enclosing the extreme limits of a sign.
SIGN, POLITICAL - A sign or placard bearing a noncommercial message or expression of political, governmental or public interest, but which does not concern the election of a particular candidate to public office or the adoption or rejection of any public question or referendum at a special, primary or general election. [Added 12-17-1990 by Ord. No. 37-90]
SITE PLAN - A development plan of one or more lots on which is shown:
A. The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways.
B. The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures, signs, lighting devices and screening.
C. Any other information that may be reasonably required in order to make an informed review and approval.
SKY GLOW - Luminance in the atmosphere caused by dust, water vapor, and other particles that reflect and scatter any stray lighting that is reflected or emitted into the atmosphere.
**Webmasters Note: The previous definition has been added as per Ordinance No. RO-32-02.
STANDARDS OF PERFORMANCE - Standards:
A. Adopted by Chapter 217, Zoning, regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects conditions and such other similar matters as may be reasonably required by the township; or
B. Required by applicable federal or state laws or municipal ordinances.
STATE OPEN WATERS -Those waters of the United States within the boundary of the, State or subject to its jurisdiction that are not wetlands.
**Webmasters Note: The previous definition has been added as per Ordinance No. RO-43-05.
STEEP SLOPE - Slopes of 15% or greater in gradient as measured utilizing a two-foot contour interval. [Added 8-21-1995 by Ord. No. 29-95]
STORY - That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it.
STORY, HALF - A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story.
STREAM CHANNEL - The bed and banks of a stream that confine and conduct continuously or intermittently flowing water. Stream channels shall include 1) all watercourses shown on U.S.G.S. quadrangle Maps and/or the Morris County Soil Survey, 2) watercourses identified as State Open Waters by the NJDEP (e.g., during the course of a wetlands delineation LOI or Stream Encroachment permit process), or 3) any flow path with a definable bed and banks regardless of the size of the contributory drainage.
**Webmasters Note: The previous definition has been added as per Ordinance No. RO-43-05.
STREAM CORRIDOR - The stream channel and all the lands within the 100-year flood line on either side of that portion of the designated stream or tributary. In cases where slopes greater than 20% abut the-100-year flood line, the area of such slopes shall be included in the stream corridor.
**Webmasters Note: The previous definition has been added as per Ordinance No. RO-43-05.
STREAM CORRIDOR AND OPEN WATER BUFFER -For all Category 1 streams a width of 300 feet on each side of all stream corridors and open waters, measured perpendicular to the edge of the stream corridor or open water, provided that if the width of the stream corridor on a side of the designated stream, tributary or open water exceeds 300 feet, no additional buffer area shall be required on that side of the designated stream, tributary or open water. For all other streams a width of 100 feet on each side of all stream corridors and open waters, measured perpendicular to the edge of the stream corridor or open water, provided that if the width of the stream corridor on a side of the designated stream, tributary or open water exceeds 100 feet, no additional buffer area shall be required on that side of the designated stream, tributary or open water. For streams located within the preservation area as defined in the Highlands Water Protection and Preservation Act buffers as required under the act will apply.
**Webmasters Note: The previous definition has been added as per Ordinance No. RO-43-05.
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 the Municipal Land Use Law; 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 area within the street lines.
STREET, ARTERIAL - A street carrying traffic from collector streets.
STREET, COLLECTOR - A street which carries traffic from local streets to other collector streets or to arterial streets. Collector streets shall include:
A. Collector streets as designated in the Township Master Plan.
B. Streets which serve as principal access streets to existing or potential subdivisions having an aggregate development potential of more than 100 dwelling units.
C. Streets which serve as principal access streets to existing or potential substantial commercial or industrial facilities.
STREET, LOCAL - A street used primarily or access to the abutting properties.
STREET, MARGINAL ACCESS - A street which is parallel to and adjacent to an arterial street or highway and which provides access to abutting properties and protection from through traffic.
STREET, MINOR - See "street, local."
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.
STRUCTURE HEIGHT -The vertical distance from the average of the finished grade measured at the corners of a structure to the highest point of the structure, provided that the maximum height at any corner may not exceed the average height by more than 20%. [Added 8-21-1995 by Ord. No. 27-95]
SUBDIVIDER - Commencing proceedings to effect a subdivision.
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 formed 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; 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 office to conform to the requirements of the municipal development regulations and are shown and designed 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 - A Committee of at least three Planning Board members appointed by the Chairman of the Board for the purpose of reviewing subdivisions in accordance with the provisions of this chapter and having such duties relating to land subdivision which may be confer-red on this Committee by the Board.
TOWNHOUSE - A building designed for or occupied by no more than one family or household and attached to other similar buildings or structures by common fire-resistant walls extending from the foundation to the roof and providing two direct means of access from the outside and provided with separate cooking, sleeping and sanitary facilities and separate facilities for electric service heating facilities and gas service. For the purpose of this chapter, a townhouse may include a building in fee simple, condominium or cooperative ownership or any combination thereof.
TOWNSHIP ENGINEER - The municipal official designated by the governing body as the "Township Engineer."
TRAILER OR MOBILE HOME - A structure of vehicular, portable design, built on a chassis and capable of being moved from one site to another, which is or is proposed to be used as a dwelling unit, with or without a permanent foundation.
TRANSCRIPT - A type or printed verbatim record of the proceedings or reproduction thereof.
TRANSITIONAL GRADING - The disturbance in that area of land between the original grade and the finished grade, adjacent to buildings, roads, driveways, parking areas, septic systems, retaining walls and other like improvements. [Added 8-21-1995 by Ord. No. 29-95]
USE - The specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.
VARIANCE - Permission to depart from the literal requirements of a zoning ordinance pursuant to Section 47 and Subsections 29.2b, 57c and 57d (N.J.S.A. 40:55D-60, 40:55D-40b, 40:55D-70c and 40:55D-70d) of the Municipal Land Use Law.
VEHICULAR SALES AREA - An open area, other than a right-of-way or public parking area, used for display, sale or rental of new or used vehicles in operable condition and where no repair work is done.
VIEWSHED - The ridgeline and/or that portion of the Ridgeline, Mountainside and Hillside Protection Area that is visible, or which may be seen from the public traveled way and/or public areas or public open space.
**Webmasters Note: The previous definition has been added as per Ordinance No. RO-44-05.
WELL-DEFINED WATERCOURSE . A flow path which conveys surface water runoff which has a defined bed and banks.
**Webmasters Note: The previous definition has been added as per Ordinance No. RO-08-05.
WIRELESS TELECOMMUNICATIONS ANTENNAS, EQUIPMENT AND/OR TOWERS Buildings and/or structures for the delivery of low power wireless radio telecommunications through a network. [Added 3-17-1997 by Ord. No. 9-97]
WIRELESS TELECOMMUNICATIONS EQUIPMENT COMPOUND - A fenced-in area which houses wireless telecommunications buildings, antennas, equipment and/or towers. [Added 3-17-1997 by Ord. No. 9-97]
WIRELESS TELECOMMUNICATIONS TOWER - A vertical structure designed to support wireless telecommunications antennas, which may be of monopole or self-supporting or guyed-lattice construction. [Added 3-17-1997 by Ord. No. 9-97]
WOODLOT - The portion of a farm which is generally unsuitable for cultivation and largely covered with trees or other noncultivated vegetation. [Added 6-21-1993 by Ord. No. 17-93]
YARD - An open space which lies between the principal or accessory building or buildings and the nearest lot line, unoccupied and obstructed from the ground upward except as herein permitted. Yards shall also be the open space extending between structures. 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 structures, and in no event shall two structures be closer to one another than the sum of both side yards.
YARD, MINIMUM FRONT - An open space extending the full width of the lot, measured from and at right angles to the front lot line, unoccupied and unobstructed from the ground upward except as may be specified elsewhere in this chapter.
YARD, MINIMUM REAR - A yard extending across the full width of the lot measured from and at right angles to the rear lot lines, unoccupied and unobstructed from the ground upward except as may be specified in this chapter.
YARD, MINIMUM SIDE - An open, unoccupied space measured from and at right angles to the side line of the lot and extending from the minimum front yard to the minimum rear yard.
ZONING PERMIT - A document signed by the administrative officer which:
A. 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.
B. Acknowledges that such use, structure or building complies with the provisions of Chapter 217, Zoning, or variance therefrom duly authorized by a municipal agency pursuant to Sections 47 and 57 (N.J.S.A. 40:55D-60 and 40:55D-70) of the Municipal Land Use Law.
COUNCIL OR COAH - The New Jersey Council on Affordable Housing established under the Fair Housing Act of 1985.
DEVELOPMENT FEES - Money paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted in COAH's rules.
EQUALIZED ASSESSED VALUE - The value of a property determined by the -Township Tax Assessor through a process designed to ensure that all property in the township is assessed at the same assessment ratio or ratios required by law. Estimates at the time of building permit may be obtained by the Tax Assessor utilizing tax estimates for construction cost. Final equalized assessed value will be determined at project completion by the Township Tax Assessor.
SUBSTANTIVE CERTIFICATION - A determination by the Council 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 herein. A grant of substantive certification shall be valid for a period of six years in accordance with the terms and conditions contained therein.
SOIL - All unconsolidated mineral and organic material of any origin, including earth, sand, clay, loam, sediment, muck, gravel, stone, humus, rock or dirt.
SOIL DISTURBANCE -- To dig, excavate, remove, deposit, fill, grade, replace, level or otherwise alter or change the location or contour of land or to transport or supply soil.
DRAINAGE - Includes without limitation, drainage necessary for street or other improvements, including construction or improvement of ditches, streams, rivers and other channels generally.
STREET IMPROVEMENTS - Includes, without limitation, all grading, pavement, curbing, sidewalks, guardrails, shade trees, surveyor's monuments, traffic control devices, right-of-way acquisitions and professional and administrative costs relating thereto and all other expenses and appurtenances associated therewith. Unless the approving authority specifies to the contrary, street improvements shall be to full Master Plan standards.
RIDING STABLE is a building or group of buildings that houses equestrian animals used for instruction and/or that are either boarded, rented or leased for a specific time period.
AGENCY - The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K- I et seq.).
HOUSING REGION - A geographic area, determined by the New Jersey Council on Affordable Housing, not less than two nor more than four contiguous whole counties which exhibit significant social, economic and income similarities and which constitute, to the greatest extent practicable, the Primary Metropolitan Statistical Areas (PMSA) as last defined by the United States Census Bureau. The applicable housing region for Washington Township is the Northwest Region, consisting of Essex, Morris, Union and Warren Counties.
HUD - The Department of Housing and Urban Development.
INCLUSIONARY DEVELOPMENT - A residential housing development in which a substantial percentage of the housing units are provided for a reasonable range of low- and moderate-income households.
LOW-INCOME HOUSING - Housing affordable to Federal Department of Housing and Urban Development or the standards set forth in N.J.A.C. 5:93-1 1 et seq. for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to 50% or less of the median gross household income for households of the same size within the housing region in which the housing is located and which is subject to affordability controls promulgated by the Council on Affordable Housing.
MODERATE-INCOME HOUSING - Housing affordable to Federal Department of Housing and Urban Development or the standards set forth in N.J.A.C. 5:93-1.1 et seq. for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to or more than 50% but less than 80% of the median gross household income for households of the same size within the housing region in which the housing is located and which is subject to affordability controls promulgated by the Council on Affordable Housing.
NEW JERSEY COUNCIL ON AFFORDABLE HOUSING OR COAH - The New Jersey Council on Affordable Housing established under the Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.), which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning considerations in this state.
SECTION 8 INCOME LIMITS - A schedule of income limits that define 50% and 80% of the median income by household size. When used herein, "Section 8 income limits" shall refer to the uncapped schedule published by COAH.
ADDITION - The construction of a new improvement as a part of an existing improvement when such new improvement changes the exterior appearance of any designated landmark.
ALTERATION - Any work done on any improvement which:
A. Is not an addition to the improvement.
B. Changes the appearance of the exterior surface of any improvement, excluding paint. [Amended 9-17-1990 by Ord. No. 30-90]
CERTIFICATE OF APPROPRIATENESS - A document that is issued by the Historic Preservation Commission, following a prescribed series of hearings and review procedures, certifying that the proposed development actions by an applicant are found to be acceptable in terms of design criteria relating to the individual site, structure or building or the historic district as a whole.
DEMOLITION - The razing of any improvement or the obliteration of any natural feature of a designated landmark.
HISTORIC DISTRICT - One or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.
HISTORIC SITE Any real property, man-made structure, natural object or configuration or any portion or group of the foregoing which has been formally designated in the Master Plan as being of historical, archaeological, cultural, scenic or architectural significance.
IMPROVEMENT - Any structure or part thereof constructed or installed upon real property by human endeavor and intended to be kept at the location of such construction or installation for a period of not less than 60 continuous days.
LANDMARK DESIGNATION - The official recognition of any site, building, structure or area that has been documented to have or contain architecturally, historically or archaeologically significant features or elements and that adheres to the criteria as established by the National Historic Preservation Act of 1966, as amended.
OFFICIAL NEWSPAPER - The official newspaper of the Township of Washington.
REPAIR - Any work done on any improvement which:
A. Is not an addition to the improvement.
B. Does not change the appearance of the exterior surface of any improvement.
REPLACEMENT - Repairs, when a building permit is required for the same.
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.
COMPACTION means the increase in soil bulk- density.
CORE means a pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
COUNTY REVIEW AGENCY means 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 county planning agency; or
-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 means the New Jersey Department of Environmental Protection.
DESIGNATED CENTER means a State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.
DESIGN ENGINEER means 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 means 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, 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 4:1C-1 et seq.
DRAINAGE AREA means a geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody.
ENVIRONMENTALLY CONSTRAINED AREA means the following areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership such as: wetlands, floodplains, threatened and endangered species sites or designated habitats, and parks and preserves. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
ENVIRONMENTALLY CRITICAL AREAS means 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 well head 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 Nongame Species Program.
EROSION means the detachment and movement of soil or rock fragments by water, wind, ice or gravity.
IMPERVIOUS SURFACE means a surface that has been covered with a layer of material so. that it is highly resistant to infiltration by water.
INFILTRATION is the process by which water seeps into the soil from precipitation.
MAJOR DEVELOPMENT means any "development" that provides for ultimately disturbing one or more acres of land or increasing impervious surface by one-quarter acre or more. 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. Projects undertaken by any government agency which otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. are also considered "major development."
MUNICIPALITY means the Township of Washington, County of Morris.
NUTRIENT means a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
PERSON means any individual, corporation, company, partnership, firm, association, or political subdivision of this State and any state, interstate or federal agency.
POLLUTANT means 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, ground waters or surface waters of the State, or to a domestic treatment works.
POLLUTANT includes both hazardous and nonhazardous pollutants.
RECHARGE means the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
SEDIMENT means 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 means the lot or lots upon which a major development is to occur or has occurred.
SOIL means all unconsolidated mineral and organic material of any origin.
STATE PLAN POLICY MAP is defined as 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 means 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.
STORMWATER RUNOFF means water flow on the surface of the ground or in storm sewers, resulting from precipitation.
STORMWATER MANAGEMENT BASIN means 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 means 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 non-stormwater discharges into stormwater conveyances.
WATERS OF THE STATE means 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 means an area that is inundated or saturated by surface water or ground water 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.