ACCESSORY BUILDING, STRUCTURE OR USE shall mean a building, structure or use which is customarily associated with and is subordinate and incidental to the principal building, structure or use and which is located on the same lot therewith, including, but not limited to, garages, carports, barns, decks, kennels, sheds, non-portable swimming pools, guest houses and all roofed structures. Any accessory building attached to the principal building shall be considered part of the principal building.

ADDITION, STRUCTURAL shall mean an extension or increase in floor area or height of building or structure.

ADMINISTRATIVE OFFICER shall mean the Administrative Officer to the Planning Board or Zoning Board of Adjustment.

ADVERSE EFFECT shall mean conditions or situations created by a proposed development that impose, aggravate or lead to impractical, unsafe or unsatisfactory conditions on properties such as, but not limited to, inadequate drainage facilities, unsuitable street grades, insufficient street widths, street locations that fail to compose an effective circulation system, failure to provide or make future allowances for access to the interior portion of adjoining lots or for other facilities required by this chapter, and danger from fire, flood, erosion or other menace.

ALTERATIONS shall mean, as applied to a building or structure, a change or rearrangement in the structural parts or in the means of egress; or an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another.

ALTERATIONS OR ADDITIONS, STRUCTURAL shall mean any change in, or additions to, the supporting members of a building such as columns, foundations, walls, girders, beams or rafters.

APPLICANT shall mean the landowner or the agent, optionee, contract purchaser or other person authorized in writing to act for the landowner submitting an application under this chapter.

APPLICATION COORDINATOR shall mean the Application Coordinator of the township of Montgomery, Somerset County, New Jersey.

APPLICATION FOR DEVELOPMENT shall mean the application or appeal forms, together with the required fees and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction for issuance of a permit pursuant to N.J.S.A. 40:44D-34 or N.J.S.A. 40:44D-36.

BARN shall mean a building, accessory to a farm, which is used in connection with the storage, raising, and/or harvesting of crops, feed, livestock, farm equipment, agricultural produce and/or hay.

BASEMENT shall mean that portion of a building partly below and partly above grade, where the ceiling averages four (4) feet, or more than four (4) feet, above the finished grade where such grade meets the outside walls of the building.

BEDROOM shall mean a room planned or used primarily for sleeping.

BILLBOARD shall mean any structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes other than on a building or the grounds to which the advertising applies. Billboards are prohibited in all districts.

BOARD shall mean the Planning Board or the Zoning Board of Adjustment of the Township of Montgomery, as the case may be.

BOARDING HOUSE shall mean a building, other than apartment buildings or townhouses, or part thereof arranged or used for lodging, with or without meals, for compensation, monetary or otherwise, and not occupied as a single housekeeping unit. Boarding houses are prohibited in all districts.

BRIDGE shall mean a structure designed to convey motorized/nonmotorized vehicles and/or pedestrians over a watercourse, railroad, street or other obstacle or depression.

BUILDING shall mean a combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.

BUILDING HEIGHT shall mean the vertical distance measured to the highest point of a building from the mean elevation of the finished grades along all sides of the building, provided that if the finished grade is higher than the predevelopment grade at any point beneath the building, then the building height shall be measured from an elevation no higher than one (1) foot above the highest point of the predevelopment grade beneath the building. In all cases where this chapter provides for height limitations by reference to a specified height and a specified number of stories, the intent is to limit height to the specified maximum footage and the specified number of stories within said footage.

CARTWAY shall mean the hard or paved surface portion of a street customarily used for vehicles in the regular course of travel. Where there are curbs, the cartway is that portion between the curbs. Where there are no curbs, the cartway is that portion of the paved or graded width.

       **Webmasters Note: The previous definitions, Adverse Effect through Cartway, have been amended as per Supplement No. 19.

CELLAR shall mean that portion of a building partly below and partly above grade, where the ceiling averages less than four (4) feet above the finished grade where such grade meets the outside walls of the building.

CELLULAR ANTENNAS shall mean antennas which are used for the transmission and reception of wave frequencies for the purposes of telephone, radio, paging and/or television communication and which are permitted as conditional uses in accordance with the specific zoning conditions and standards for their location and operation included within this chapter. For the purposes of this chapter, "cellular antennas" shall not be considered to be a "Public Utility."

CHILD CARE CENTER shall mean any facility which is maintained for the care, development and supervision of six (6) or more children who attend the facility for less than twelve (12) hours a day and which offers such programs as child care centers, day care centers, drop-in centers, day nursery schools, play schools, cooperative child centers, centers for children with special needs, infant-toddler programs, employment related centers, and/or kindergartens that are not an integral part of a private educational institution or system offering elementary education in grades kindergarten through sixth. A child care center shall not offer programs operated in the day care center by a public or private day school of elementary and/or high school grade, special activity programs for children, youth camps, and/ or religious classes or centers.

CHILD CARE RESIDENCE shall mean any private residence in which child care services are regularly provided to no less than three (3) and no more than five (5) children for no less than fifteen (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. A 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 (1) or more of the parents, where no payment for the care is being provided.

COMMON OPEN SPACE shall mean a parcel or parcels of land or an area of water, or a combination of land and water, together with the improvements thereon and designed and intended for the ownership, use or enjoyment of the residents and owners of the development. Common property may contain such complementary structures and improvements as are necessary and appropriate for the benefit of the residents and owners of the development.

COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED shall mean any community residential facility licensed pursuant to P.L. 1977, c.448 (N.J.S.A. 30:11B-I et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than fifteen (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, half-way 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 a community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliate 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. 'Developmentally Disabled Person' means a person who is developmentally disabled as defined in Section 2 of P.L. 1971, c.136 (N.J.S.A. 26:2H-1 et seq.). In the case of a community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliate 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. "Developmentally Disabled Person" means a person who is developmentally disabled as defined in Section 2 of P.L. 1977, c.488 (N.J.S.A. 30:11 B-

COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE shall mean any shelter approved for a purchase of a service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, c.337 (N.J.S.A. 3040-1-14) providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than fifteen (15) persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.

COMPLETE APPLICATION An application for development shall be complete for purposes of commencing the applicable time period for action by the Planning Board or Zoning Board of Adjustment, as the case may be, when so certified by the Board or Development Review Committee. In the event the application is not certified to be complete within forty-five (45) days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five (45) day period for purposes of commencing the applicable time period for action by the Board unless:

       (a) the application lacks information indicated on a checklist adopted by ordinance and provided to the applicant; and

       (b) the Board or Development Review Committee has notified the applicant, in writing, of the deficiencies in the application within forty-five (45) days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the Board or Development Review Committee shall grant or deny the request within forty- five (45) days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Board.

CONDITIONAL USE shall mean a use permitted in a particular zoning district only upon showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as specified in this chapter.

CONSERVATION EASEMENT shall mean an easement in favor of the Township for the purpose of preserving open space, aquatic buffers and/or the natural, scenic, agricultural, aesthetic, or historic value of land and precluding any building on the premises.

CONSTRUCTION OFFICIAL shall mean the Director of Facilities and Development of the Township of Montgomery, Somerset County, New Jersey, or such other individual designated by the Township Committee.

COVERAGE, BUILDING shall mean the square footage or other area measurement by which all buildings occupy a lot as measured in a horizontal plane around the periphery of the foundation and including the area under any roof extending more than two (2) feet beyond the foundation.

COVERAGE, LOT shall mean the square footage or other area measurement by which all buildings and impervious surfaces cover a lot as measured in a horizontal plane to the limits of the impervious area(s). All surfaced parking areas and driveways, all required parking areas which are permitted to remain unsurfaced and all gravel driveways shall be included in the computation of lot coverage.

CRITICAL AREAS shall mean those areas described in subsections 16-3.3 and 16-6.4 of this chapter.

DAYS shall mean calendar days.

DEDICATION shall mean an appropriation or giving up of property to public use, which precludes the owner or others under him from asserting any right of ownership inconsistent with the use for which the property is dedicated.

       **Webmasters Note: The previous definitions, Complete Application through Dedication, have been amended as per Supplement No. 20.

DEVELOPMENT shall mean the division of a parcel of land into two (2) or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or any mining, excavation or landfill, and any use or change in use of any building or other structure or land or extension of use of land, for which permission may be required.

DEVELOPMENT REVIEW COMMITTEE shall mean a committee comprised of the Township Planner, Engineer, Administrative Officer, Zoning Officer and other appointed by the Township Committee that reviews development applications for completeness and also for the purpose of rendering advice to the Board on the applications.

DRAINAGE AND UTILITY RIGHT-OF-WAY shall mean the lands required for the installation and maintenance of storm water and sanitary sewers, water pipes or drainage ditches and other utilities, or lands required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.

DRIVEWAY shall mean a means of ingress and egress for vehicles to and from a property.

DWELLING UNIT shall mean a room or series of connected rooms designed for permanent residency containing living, cooking, sleeping and sanitary facilities for one housekeeping unit. The dwelling shall be self-contained and shall not require the use of outside stairs, passing through another dwelling unit or indirect route(s) to get to any portion of the dwelling unit, nor shall there be shared facilities with another housekeeping unit. The keeping of livestock or poultry in a dwelling unit is prohibited.

DETACHED SINGLE-FAMILY shall mean a building physically detached from other buildings or portions of buildings which has its own sleeping, sanitary and general living facilities and which is occupied or intended to be occupied for residence purposes by one (1) housekeeping unit, including any domestic servants employed on the premises.

PATIO HOME shall mean a single family dwelling on an individual lot which may be attached to a second single family dwelling on an adjacent lot.

APARTMENT shall mean a building containing a minimum of three (3) dwelling units and not exceeding two and one-half (2 1/2) stories and thirty-five (35) feet in height.

TOWNHOUSE shall mean one building containing at least three (3), but no more than eight (8), connected dwelling units, where each dwelling unit is compatibly designed in relation to all other units, but is distinct by such design features as width, setback, roof design, color, exterior materials, and other features, singularly or in combination. Each dwelling unit may be a maximum of two and one-half (2 1/2) stories and thirty-five (35) feet in height, but nothing in the definition shall be construed to allow one (1) dwelling unit over another.

RESIDENTIAL FLAT: shall mean a residential dwelling unit situated on a second floor above permitted nonresidential uses in the Montgomery Village Planned Development in accordance with the applicable provisions of this chapter.

EARLY START shall mean a residential structure for which a foundation and footing building permit on an approved residential lot within a finally approved development may be issued prior to the completion of all required infrastructure improvements, up through and including the base course of bituminous concrete paving.

EASEMENT shall mean a right to use the real property of another created by deed or other legal means, for the benefit of private persons or the public, for one (1) or more specific purposes such as access, drainage, conservation, or provision of utility services.

FAMILY shall mean the same as housekeeping unit.

FAMILY DAY CARE HOME shall mean 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 (3) and no more than five (5) children for no less than fifteen (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. A 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 (1) or more of the parents, where no payment for the care is being provided.

FARM. Principal uses. A lot with at least five (5) acres devoted to the growing and harvesting of crops and/or the raising and/or breeding of animals, including truck farms, fruit farms, nurseries and greenhouses, silvaculture operations, dairies and livestock produce, except that commercial piggeries and commercial slaughtering are prohibited. Accessory uses. Structures incidental to farm such as barns and packing, grading and storage buildings for produce raised on the premises; fences; buildings for keeping of permitted poultry and livestock; and garages for the keeping of trucks and other equipment used in farm operations.

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

FLOODWAY shall mean the channel of a natural stream and portions of the flood hazard area adjoining the channel are reasonably required to carry and discharge the flood water or flood flow of any natural stream.

FLOOD HAZARD AREA shall mean the floodway and the flood fringe area of a delineated stream.

FLOOD FRINGE AREA shall mean that portion of the flood hazard area not designated as the floodway.

FLOOD HAZARD AREA DESIGN FLOOD shall mean the one hundred (100) year storm in non-delineated areas and the one hundred (100) year storm plus twenty-five (25%) percent in delineated areas.

FLOOR AREA, GROSS OR G.F.A. shall mean the plan projection of all roofed areas on a lot multiplied by the number of full stories under each roof section, provided that the area under any roof overhang of two (2) feet or less shall not be included in the G.F.A. calculation. Basements which satisfy applicable construction code definitions of habitable space are included in the G.F.A. for nonresidential uses.

FLOOR AREA, NET HABITABLE OR N.H.F.A. shall mean the finished and heated area fully enclosed by the inside surfaces of walls, windows, doors and partitions and having a headroom of at least six and one-half (6-1/2) feet including working, living, eating, cooking, sleeping, stair, hall, service and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories and unfinished attics and basements.

FLOOR AREA RATIO OR F.A.R. shall mean the ratio of the gross floor area to the area of the lot or tract.

GARAGE, PRIVATE shall mean an accessory building for the storage of motor vehicles regularly operated by occupants of the principal building and in which no occupation, business or service for profit is carried on. Said garages shall have solid floors (as opposed to dirt or gravel floors) and shall be limited in capacity to three (3) vehicles.

GARAGE, REPAIR shall mean any building, premises and land in which, or upon which, a business, service or industry involving the maintenance, servicing, repair or painting of vehicles is conducted or rendered.

GRADE shall mean the slope of a road, path, driveway, swale or other surface, or the average finished ground elevation adjoining a building at project completion.

GRAND OPENING shall mean an event promoting the opening of new business, the reopening of a business temporarily closed for renovations or improvements, the opening of an existing business under new management or ownership, or the opening of an existing business in a new and/or expanded location.

HOME OCCUPATION shall mean a business conducted in or from a single-family detached dwelling unit and/or its permitted accessory buildings or structures, which business is clearly subordinate and ancillary to the principal single-family residential use of the property and which business meets the requirements specified in subsection 166.8 of this chapter. For purposes of this chapter, the term "home occupation" also shall include "family day care homes" and "child care residences".

HOTEL AND MOTEL shall mean a building or group of buildings consisting of individual sleeping units designed for transient travelers and not for permanent residency.

HOUSEKEEPING UNIT shall mean one (1) or more persons living together in one (1) dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a non-profit basis.

INTERESTED PARTY shall mean in a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey or, 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 the provisions of this chapter, or whose rights to use, acquire, or enjoy property under the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) or this chapter, or under any other law of this State or of the United States have been denied, violated or infringed upon by an action or a failure to act under the provisions of this chapter.

JUNK YARD shall mean any space, whether inside or outside a building, used 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. Junk yards are prohibited in all districts.

LIMITED MANUFACTURING shall mean any activity involving the fabrication, reshaping, reworlding, assembly or combining of products, parts and/or materials:

       a. Which does not involve the union of chemicals, compounds or elements to produce a new compound or substance on-site for direct Industrial -sale;

       b. Which does not involve the union of chemicals, compounds or elements on-site for use during the fabrication, reshaping, reworlding, assembly, or combining of the products, parts and/or materials, except that the incidental application of chemicals or chemical products brought to the site is permitted pursuant to paragraph c of this definition herein below;

       c. Which may involve the Incidental application of chemicals, compounds or elements of chemical products during the fabrication, reshaping, reworlding, assembly or combining of the products, parts and/or materials, including, but not limited to, painting, gluing and cleaning;

       d. Which store and contain any and all products, parts and/or materials utilized during the fabrication, reshaping, reworlding, assembly or combining of the products, parts and/or materials within completely enclosed buildings; and

       e. Which may involve the ancillary storage and warehousing of the items fabricated, reshaped, reworked, assembled or combined during the 'limited manufacturing" activity unloading.

LOT : shall mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be calculating a lot boundary or lot area. The word "lot" includes the words "plot" and "premises".

LOT AREA shall mean the area contained within the lot lines of a lot not including any portion of a street right-of-way.

LOT, CORNER shall mean a lot abutting the intersection of two (2) or more streets, where the interior angle of intersection does not exceed one hundred thirty-five (135) degrees. Each corner lot shall have two (2) front yards, one (1) side yard and one (1) rear yard, the side and rear yard to be designated at the time of application for a construction permit.

LOT DEPTH shall mean the perpendicular distance between the street line or front lot line and a line drawn parallel thereto through the midpoint of the rear lot line.

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

LOT FRONTAGE shall mean the distance between the side lot lines measured along the street line. The minimum lot frontage shall be the same as the minimum lot width, except that where the lot frontage in its entirety is a curve with an outside radius of less than five hundred (500) feet, the minimum frontage shall not be less than seventy-five (75%) percent of the minimum lot width. In the case of a corner lot either street line may be considered the lot frontage, provided that it equals or exceeds the minimum frontage requirements of this chapter for the land in question.

LOT, INTERIOR shall mean a lot other than a corner lot.

LOT LINE shall mean any line forming a portion of the exterior boundary of a lot and the same line as the street line for that portion of a lot abutting a street.

LOT WIDTH shall mean the straight line horizontal distance between side lot lines at setback points on each side lot line measured from the street line at the minimum required building setback line. When the side lot lines are not parallel, the minimum lot width at the setback line shall not be less than seventy-five (75%) percent of the minimum lot frontage for the zoning district in which the lot is located.

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

MAINTENANCE GUARANTEE shall mean any security, in accordance with the requirements of this chapter, which may be accepted subject to review and approval by the Township Attorney for the maintenance of any improvements required by this chapter.

MENTALLY ILL PERSON means a person who is afflicted with a mental illness as defined in N.J.S.A. 30:4-23, but shall not Include a person who has been committed after having been found guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.

MODEL shall mean a single family detached dwelling, apartment or townhouse unit or building of the type to be sold located on an approved residential lot or location within a finally approved development. The model may also be used to conduct sales for dwelling units in accordance with the provisions of this chapter and only during the period necessary for the sale of new dwellings within such subdivision, provided that the dwelling units for sale are only within the development where the model is located.

MUNICIPAL AGENCY shall mean the Planning Board, Board of Adjustment or Township Committee, or any other agency created or responsible to one or more municipalities, when acting pursuant to N.J.S.A. 40:55D-1 et seq.

NONCONFORMING BUILDING OR STRUCTURE shall mean a building or 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 reason of such adoption, revision or amendment.

NONCONFORMING LOT shall mean a lot the area, dimension, or location of which was lawful prior to the adoption, revision or amendment of this chapter, 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 USE shall mean 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 reason of such adoption, revision or amendment.

NUISANCE shall mean any offensive, annoying, unpleasant or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion or disturbance of another's rights, including the actual or potential emanation of any physical characteristics of activity or use across a property line which can be perceived by a human being, or the generation of an excessive or concentrated movement of people or things, such as but not limited to noise, dust, smoke, fumes, odor, glare, flashes, vibrations, shock waves, heat, debris, Utter, trash sites, electronic or atomic radiation, effluent, noise of congregation or people especially at night, vehicular traffic, transportation of things by truck, rail or other means, invasion of non-abutting street frontage by parking, the obscuring or masking of adjacent or nearby property by projecting signs, marquees or canopies, or any adverse effect on value or desirability of nearby property caused by such matters as appearance, exposed storage of inoperable automobiles, junk, materials and neglect or dilapidation of lands or building.

OFFICES shall mean a space accommodating any or all of the following: executive, general corporate and clerical activities, research and consumer product development connected with service industries, such as financial, insurance, and banking; development of computer software; demographic, economic and statistical research; and activities of a similar character.

OFF-SITE shall mean located outside the lot lines of the property in question but within the property (of which the lot is a part) which is the subject of a development application, or on a contiguous portion of a street right-of-way or drainage or utility easement.

ON-SITE shall mean located on the lot in question.

ON-SITE WASTEWATER TREATMENT AND DISPOSAL SYSTEM shall mean a system for the disposal of sanitary sewage into the ground which is so designed and constructed to treat sewage in a manner that will retain most of the settleable solids in a septic tank and to discharge the liquid portion to an adequate disposal field.

OFF-TRACT shall mean not located on the property which is the subject of a development application or on a contiguous portion of a street right-of-way or drainage or utility easement.

ON-TRACT shall mean located on the property which is the subject of a development application or on a contiguous portion of a street right-of-way or drainage or utility easement.

OPEN SPACE ORGANIZATION shall mean an incorporated, nonprofit organization operating in a planned development under recorded land agreement providing that:

       (a) each owner is automatically a member;

       (b) each occupied dwelling unit is automatically subject to a charge for proportionate share of expenses for the organization's activities and maintenance, including any maintenance costs levied against the organization by the Township; and

       (c) each owner and tenant has the right to use the common property.

PARKING SPACE shall mean any area of not less than nine (9) feet wide by twenty (20) feet in length, or twelve (12) feet wide by twenty (20) feet in length in the case of handicapped parking spaces, either within a structure or in the open, for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes and public rights-of-way; except that the length of a parking space may be reduced to eighteen (18) feet in length, subject to the approval of the Board in those instances where a two (2) foot overhang area exists beyond a curb and where such overhang does not interfere with any proposed and/or required landscaping. The width and length of each space shall be measured perpendicular to each other regardless of the angle of the parking space to the access aisle or driveway.

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

PERFORMANCE GUARANTEE shall mean any security, in accordance with the requirements of this chapter, which may be accepted subject to review and approval by the Township Attorney in lieu of a requirement that certain improvements be completed prior to final approval of a development application, including performance bonds, letters of credit, escrow agreements and other similar collateral or surety agreements.

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

PLANNED DEVELOPMENTS.

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

PLANNED RESIDENTIAL DEVELOPMENT shall mean an area with a specified minimum contiguous acreage to be developed as a single entity according to a plan, containing and integrating one (1) or more residential clusters along with one (1) or more appurtenant public, quasi-public and commercial areas in such ranges or ratios of nonresidential uses to residential uses as specified in this chapter.

MONTGOMERY VILLAGE PLANNED DEVELOPMENT shall mean an area with a specified minimum contiguous acreage to be developed as a single entity according to a plan, containing and integrating one (1) or more residential clusters or planned unit residential developments along with a number of appurtenant public, quasipublic and commercial areas, in such ranges or ratios as specified in this chapter, and in a manner to create a community offering a broad range of housing types, employment opportunities, basic services and shopping for its residents as well for those residents in the surrounding areas of the Township; all accomplished according to a planning design reflecting the character of historical small towns and villages elsewhere in New Jersey.

PRINCIPAL BUILDING, STRUCTURE OR USE shall mean a building, structure or use which is the main or primary building, structure or use on the lot.

PRIVATE STREET shall mean a street that is not publicly maintained or not intended to be publicly maintained.

PROPERTY OWNER shall mean the record holder of title.

PUBLIC PURPOSE USE shall mean the use of land or buildings by the governing body of the Township or any officially created authority or agency thereof.

RESEARCH LABORATORIES shall mean a facility designed and used for research and engineering activities involving scientific investigations, engineering studies and consumer product development of types other than carried on in offices (see definition of "offices") and similar activities, but excluding the manufacturing, sale, processing, warehousing, distribution or fabrication of materials, products, or goods except as incidental to the principal permitted uses.

RESIDENTIAL CARE FACILITIES FOR THE ELDERLY shall mean a development of apartment and/or townhouse residential living units exclusively for single persons who are sixty (60) years of age or older, or for households with at least one person being sixty (60) years of age or older, with ancillary and directly related facilities to be primarily used by the residents of the development, including health care services, dining facilities, recreational facilities, and other ancillary facilities deemed appropriate by the reviewing authority and in accordance with the applicable provisions of this chapter.

RESIDENTIAL LIMITED CARE FACILITIES FOR THE ELDERLY shall mean a development of apartment dwelling units exclusively for single persons who are sixty (60) years of age or older, or for households with at least one person being sixty (60) years of age or older, with ancillary and directly related facilities limited to nursing care, dining facilities and recreational facilities, provided such facilities are used solely by the residents of the development, including those people who only temporarily reside in an apartment for a short time.

RESIDENTIAL TOOL SHED shall mean a building, accessory to a detached dwelling unit, which is utilized for the storage of tools, lawn and garden equipment and furniture and similar items of personal property owned by occupants of the detached dwelling unit.

RESTAURANT shall mean any establishment, however designated, at which food is sold primarily for consumption on the premises and within a building, provided that a drive-through window shall be considered as an accessory use to the restaurant requiring conditional use approval by the Township in accordance with the provisions of this chapter. However, a snack bar or refreshment stand at a public swimming pool, golf course, playground, playfield or park, operated solely by the agency or group operating the recreational facility and for the convenience of the patrons of the facility, shall not be deemed a restaurant.

RESUBDIVISION shall mean 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 the alteration of streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but not including conveyances so as to combine existing lots by deed or other instrument.

RIPARIAN AREAS shall mean transitional land areas located between uplands and streams that support surface water ecosystems and help protect streams, lakes, rivers and other waters from environmental degradation.

SALES CENTER shall mean a center where information concerning the overall development and specific products is conveyed to prospective purchasers, contracts and options are discussed and executed, and normal sales and marketing of development takes place.

       **Webmasters Note: The previous definitions, Residential Care Facilities for the Elderly through Sales Center, have been amended as per Supplement No. 20.

SERVICE STATION shall mean lands and buildings providing for the sale of automotive fuel, lubricants, and automotive accessories. Maintenance and minor repairs for motor vehicles may be provided, but no body repairs or painting or the storage of inoperable, wrecked or unregistered vehicles shall be permitted. Additionally, no car wash operation, car or truck rental, parking for a fee or other activity not specifically a part of the service station use shall be permitted.

SETBACK LINE shall mean a line drawn parallel with a street line or proposed street line or lot line and drawn through the point of a building nearest to the street line or lot line. The term "required setback' means a line that is established a minimum horizontal distance from the street line or proposed street line or lot line and beyond which a building or part of a building is not permitted to extend toward the street line or lot line.

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

SIGHT TRIANGLE EASEMENTS AT INTERSECTION shall mean a triangular area established in accordance with the requirements of this chapter in which no grading, planting or structure shall be erected or maintained more than twelve (12) inches above the street centerline except for street signs, fire hydrants and light standards.

SIGN shall mean any building or structure or portion thereof on which any announcement, declaration, demonstration, display, illumination, insignia or other visual communication is used to advertise or promote the interest of any person, products or service when the same is placed in view of the general public.

SITE PLAN shall mean a development plan of one (1) or more lots on which is shown:

       (1) the existing and proposed conditions of the lot, including but not limited to topography, vegetation, drainage, flood plains, marshes and waterways;

       (2) 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, screening devices; and

       (3) any other information that may be reasonably required in order to make an informed determination concerning the adequacy of the plan in accordance with the requirements of this chapter.

MINOR SITE PLAN shall mean any development plan which:

       (a.) Is limited to the proposed construction of any permitted accessory use(s) other than fences and signs, such as a home occupation or off-street parking area, as such accessory uses are specifically permitted in Sections 16-4 and/or 16-6 of this chapter, or

       (b.) Consists of an expansion of, or addition to, an existing conforming structure and/or use not exempted from site plan review by subsection 168.2b,l of this chapter and

       (1.) Not accounting for more than ten (10%) percent additional building coverage nor ten (10%) percent additional lot coverage,

       (2.) Not exceeding more than four thousand (4,000' cubic feet of enclosed and roofed area,

       (3.) Not involving a planned development, and

       (4.) Not entailing the installation of any road improvements or the expansion of public facilities.

MAJOR SITE PLAN shall mean any development plan not classified as a minor site plan.

SITE PLAN COMMITTEE shall mean a committee of up to six (6) persons comprised of up to four (4) Planning Board members or alternates appointed by the Chairperson of the Planning Board, and up to two (2) Zoning Board of Adjustment members or alternates appointed by the Chairperson of the Zoning Board of Adjustment. The Chairperson of the Planning Board may also appoint additional persons to serve as advisors to the Site Plan Committee as may, in the opinion of the Chairperson, be appropriate. The Site Plan Committee shall review site plan applications prior to action by the Board to determine whether such applications comply with the requirements relating to site plans imposed by this chapter. The Site Plan Committee shall, in its review of site plan applications, consider input received from the Environmental Commission, Shade Tree Committee, Open Space Committee and Landmarks Commission through persons duly appointed by the Chairpersons of said commissions or committees to serve as liaisons to the Site Plan Committee. The Site Plan Committee shall also consider comments received from any other board, committee or commission of the Township on a site plan application.

STORY shall mean that portion of a building included between the upper surface of any floor and the upper surface of the next floor above it or, if there is no floor above it, then the surface between the floor and the ceiling next above it. For the purpose of this chapter:

       (a.) The interior of the roof shall not be considered a ceiling;

       (b.) Cellars and basements shall not be considered stories when considering the height of a building except, however, that a finished basement and/or cellar in nonresidential buildings shall be considered a story for the purposes of the height, floor area and parking requirements of this chapter unless used solely for ancillary storage; and

       (c) A half-story (1/2) is the area under a pitched roof at the top of a building, the floor of which is at least four (4) feet, but no more than six (6) feet, below the plate.

STREET shall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way:

       (1) which is an existing State, County or Municipal roadway; or

       (2) which is shown on a plat heretofore approved, pursuant to law; or

       (3) which is approved as provided by this chapter; or

       (4) which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street line. For purposes of the design and paving requirements of this chapter for and related to streets, all "private roads" in planned developments shall be considered streets.

STREET LINE shall mean the edge of the existing or future street right-of-way, whichever may result in the widest right-of-way, as shown on the adopted Master Plan or Official Map, forming the dividing line between the street and a lot.

STRUCTURE shall mean a combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above, or below the surface of a parcel of land, including but not limited to, buildings, fences, standards, signs, towers, tanks, swimming pools and tennis courts, and excluding on-site wastewater treatment and disposal systems.

SUBDIVISION shall mean the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels, or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of the chapter if no new streets are created:

       (1) divisions of land found by the Planning Board to be for agricultural purposes when all resulting parcels are five (5) acres or more in size;

       (2) divisions of property by testamentary or intestate provisions, provided the division is in conformity with the applicable ordinance requirements;

       (3) divisions of property upon court order including, but not limited to, judgments of foreclosure;

       (4) consolidation of existing lots by deed or other recorded instrument; and

       (5) the conveyance of one (1) 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 all requirements of the Montgomery Township municipal development regulations and which are shown and designated an separate lots, tracts or parcels on the tax map or atlas of the Township of Montgomery. The term "subdivision" shall also include the term "resubdivision".

MINOR SUBDIVISION shall mean any division of land containing an aggregate of two (2) lots (one (1) new lot and the remaining parcel), each fronting on an existing street or streets; not involving any new street or the installation of any street improvements or the extension of Township facilities; not involving any streets requiring additional right-of-way width as specified in the Master Plan or Official Map and/or the street requirements of this chapter, unless such additional rights-of-way width, either along one (1) or both sides of said street(s), as applicable, shall be deeded to the Township or to the appropriate governmental authority prior to classification as a minor subdivision; not involving any required "off-tract" improvements; not adversely affecting the development of the remainder of the parcel of adjoining property; not being a further division of an original tract of land for which previous subdivision(s) have been approved by the Township within the current calendar year and where the combination of the proposed and previously approved minor subdivision(s) constitute a major subdivision; not involving a planned development; and not being deficient in those details and specifications required of minor subdivisions as specified in this chapter. The original tract of land shall be considered any tract in existence at the time of the adoption of this Land Development Ordinance as shown on the Township tax maps. Any readjustment of lot lines resulting in new lots shall be classified as a minor subdivision for purposes of the application submission and review requirements specified in subsection 16-8.3 of this chapter, but not for purposes counting whether there has been a subdivision within the current calendar year.

MAJOR SUBDIVISION shall mean any division of land not classified as a minor subdivision.

SUBDIVISION COMMITTEE shall mean a committee of up to six (6) persons comprised of up to four (4) Planning Board members or alternates appointed by the Chairperson of the Planning Board, and up to two (2) Zoning Board of Adjustment members or alternates appointed by the Chairperson of the Zoning Board of Adjustment. The Chairperson of the Planning Board may also appoint additional persons to serve as advisors to the Subdivision Committee as may, in the opinion of the Chairperson, be appropriate. The Subdivision Committee shall review subdivision applications prior to action by the Board to determine whether such applications comply with the requirements relating to subdivisions imposed by this chapter. The Subdivision Committee shall, in its review of subdivision applications, consider input received from the Environmental Commission, Shade Tree Committee, Open Space Committee and Landmarks Commission through persons duly appointed by the chairpersons of said commissions or committees to serve as liaisons to the Subdivision Committee. The Subdivision Committee shall also consider comments received from any other board, committee or commission of the Township on a subdivision application.

SWIMMING POOL, PORTABLE shall mean a swimming pool that is not permanently installed and meets all of the following criteria: does not require water filtration, circulation and purification; does not exceed twenty-four (24) inches 'in depth; does not exceed a water surface of two hundred fifty (250) square feet; and does not require braces or supports. Portable swimming pools are not subject to this chapter.

SWIMMING POOL, PRIVATE RESIDENTIAL shall mean a swimming pool, including but not limited to hot tubs and whirlpools, and other than a portable swimming pool, that is located on a lot principally used for a dwelling unit by one (1) housekeeping unit, and including all buildings, structures, and equipment appurtenant thereto.

TEMPORARY CONSTRUCTION TRAILER shall mean a transportable trailer, installed on a nonpermanent foundation if installation is required, temporarily erected or parked within a finally approved development for use by the contractor(s) for construction offices and/or storage of construction material.

TOWNSHIP shall mean Township of Montgomery, Somerset County, New Jersey.

TRACT shall mean an area of land composed of one (1) or more lots adjacent to one another, having sufficient dimensions and area to make one (1) parcel of land meeting the requirements of this chapter for the use(s) intended. The original land area may be divided by one (1) existing public street and still be considered one (1) tract provided that the street is not an arterial road and that a linear distance equal to more than seventy-five (75%) percent of the frontage of the side of the street having the larger street frontage lies opposite an equivalent linear distance of street frontage on the other side of the street.

USE shall mean the purpose for which land or structure(s) is arranged, designed or for which either land or structure(s) is or may be used, occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

VARIANCE shall mean permission granted to an applicant for development by the Planning Board or the Zoning Board of Adjustment, as the case may be, to depart from the literal requirements of the zoning provisions of this chapter.

YARD, FRONT shall mean the open space extending across the full width of the lot and lying between the street line and the closest point of any principal building on the lot. The depth of the front yard shall be measured horizontally from a line drawn parallel to the centerline of the street, said line being no closer than forty-four (44) feet from the centerline of an arterial street; thirty- three (33) feet from the centerline of a major collector street; twenty-nine (29) feet from the centerline of a collector street; twenty-seven (27) feet from the centerline of a minor collector street; and twenty-five (25) feet from the centerline of a local street.

YARD, REAR shall mean an open space extending across the full width of the lot and lying between the rear lot line and the closest point of the principal building on the lot. The depth of the rear yard shall be measured horizontally and at right angles to either a straight rear lot line or the tangent of curved rear lot lines.

YARD, SIDE shall mean an open space extending from the front yard to the rear yard and lying between each side lot line and the closest point of the principal building on the lot. The width of the required site yard shall be measured horizontally and at right angles to either a straight line or the tangent lines of curved lot lines.

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

ZONING MAP shall mean the map referred to in subsection 16-3.3 of this chapter.

ZONING OFFICER shall mean the individual(s) designated by the Township Committee to administer and enforce the zoning provisions of this chapter. (Ord. #85-482, S 200; Ord. #87-555, S 1; Ord. #87-570, SS 1, 2; Ord. #88-584, SS 1A, 1B; Ord. #89-604, S 1; Ord. #89-607, SS 1, 2; Ord. #89-612, S 1; Ord. #89-628, SS 1, 2; Ord. #89-635, S 1; Ord. #89-639, SS 1, 2; Ord. #90-652, SS 1, 2; Ord. #90-683, S 1; Ord. #90-689, SS 1, 2; Ord. #91-713, S 2; Ord. #91-716, S 1; Ord. #92-746, S 1; Ord. #92-759, SS 1, 2; Ord. #93-767, S 1; Ord. #93-781, S 1; Ord. #1629, S 3; Ord. #95-845, S 1; Ord. #97-903, S 1; Ord. #97-914, S 1; Ord. #99-990, S 1; Ord. #01-1039, S 3)

APPEAL shall mean a request for the review of the Township Engineer's interpretation of any provision of this section or a request for a variance from the Planning Board.

AREA OF SHALLOW FLOODING shall mean a designated AO or VO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one (1) to three (3) 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 shall mean land in the flood plain within the Township subject to a one (1%) percent or greater chance of flooding in any given year.

BASE FLOOD shall mean the flood having a one (1%) percent chance of being equaled or exceeded in any given year.

BASEMENT shall mean the area of any building having its floor subgrade (below ground level) on all sides.

BREAKAWAY WALL shall mean 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.

CHANNEL SHALL mean the bed and banks of the watercourses located within the boundaries of the Township of Montgomery which convey the normal flow of said watercourses most of the time.

DELINEATED STREAM shall mean a stream that has a delineated floodway officially adopted by NJDEP pursuant to N.J.A.C. 7:13.

DESIGN FLOOD PROFILE shall mean the elevations of the water surface of the floodway design flood and the flood hazard area design flood.

DEVELOPMENT shall mean any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

ELEVATED BUILDING shall mean a non-basement building built to have the top 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 of up to the magnitude of the base flood. "Elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.

FLOOD ELEVATION DETERMINATION shall mean the determination of the water surface elevations of the design flood, i.e., the flood level that has a one (1%) percent or greater chance of occurrence in any given year.

FLOOD FRINGE AREA shall mean the portion of the flood hazard area not designated as the floodway (see diagram "Flood Plain and Stream Corridor Components" which may be found at the end of this chapter).

FLOOD HAZARD AREA shall mean the floodway and the flood fringe area of a delineated stream (see diagram "Flood Plain and Stream Corridor Components" which may be found at the end of this chapter).

FLOOD HAZARD AREA DESIGN FLOOD shall mean the 100-year storm in non-delineated areas and the 100-year storm plus twenty-five (25%) percent in delineated areas.

FLOOD INSURANCE RATE MAP (FIRM) shall mean the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY shall mean the official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Boundary-Floodway Map and the water surface elevation of the base flood.

FLOOD OR FLOODING shall mean general and temporary condition of partial or complete inundation of normally dry areas from:

       (a) Inland or tidal waters; and

       (b) The unusual and rapid accumulation of run-off of surface water from any source.

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

FLOOD PLAIN MANAGEMENT REGULATIONS shall mean State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

FLOODWAY shall mean the channel of a natural stream and portions of the flood hazard area adjoining the channel which are reasonably required to carry and discharge the flood water or flood flow of any natural stream without accumulatively increasing the water surface elevation any more than two-tenths (.2) feet (see diagram "Flood Plain and Stream Corridor Components" which may be found at the end of this chapter.

HYDRIC SOIL shall mean a soil that, in its undrained condition, is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions that favor the growth and regeneration of hydrophytic vegetation.

INTERMITTENT STREAM shall mean a surface water drainage channel with definite bed and banks in which there is not a permanent flow of water.

LOWEST FLOOR shall mean the lowest floor of the lowest enclosed area, including a 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.

MANUFACTURED HOME shall mean a structure, transportable in one (1) 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 the purposes of flood plain management the term "manufactured home" includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers or other similar vehicles.

MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISIONS shall mean a parcel (or contiguous parcels) of land divided into two (2) or more manufactured homes lots for rent or sale.

NEW CONSTRUCTION shall mean structures for which the start of construction commenced on or after the effective date of this section.

START OF CONSTRUCTION shall mean and include substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement commenced within one hundred eighty (180) days of the permit date. The actual start means 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 cleaning, grading and filling nor does it include excavation for a basement, footing, 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.

STATE OPEN WATERS shall mean all waters of the State as defined in N.J.A.C. 7:7A, including waters of the United States as defined in N.J.A.C. 7:7A, but excluding ground water as defined at N.J.A.C. 7:14A, and excluding freshwater wetlands as defined in N.J.A.C. 7:7A.

STREAM shall mean a waterway depicted on the Montgomery Township Hydrography Map, dated May 18, 2001, as may be amended from time to time, on file in the Office of the Township Community Development Office and Township Engineer.

STREAM CORRIDOR shall mean and include the area within a floodway, flood plain, flood hazard area, buffer strips one hundred (100) feet from the top of the channel banks of the stream, intermittent stream and/or State open water, and the area that extends one hundred (100) feet from the 100-year flood hazard line on both sides of the stream. If there is no 100-year flood hazard line delineated, the distance of one hundred (100) feet shall be measured outward from the top of the banks of the stream channel on both sides of the stream, intermittent stream and/or State open water. If slopes greater than fifteen (15%) percent abut the outer boundary of the stream corridor, the area of such slopes shall also be included as the stream corridor. If the flood plain or flood hazard area extends for more than one hundred (100) feet from the top of the channel bank, said larger area shall be the stream corridor (see diagram "Flood Plain and Stream Corridor Components" which may be found at the end of this chapter).

STRUCTURE shall mean for flood plain management purposes, a walled or roofed building, including without limitation, gas or liquid storage tanks, that is principally above ground. For insurance purposes, "structure" means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site. For the latter purpose, the term includes a building while in the course of construction, alteration or repair but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such material or supplies are within an enclosed building on the premises.

SUBSTANTIAL IMPROVEMENT shall mean any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty (50%) percent of the assessed value of the structure on an equalized basis either:

       (a) As determined before the improvement or repair is started; or

       (b) As determined before the damage occurred, if the structure has been damaged and is being restored. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, floor or other structural part of the floor commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

       (1) Any project for improvement of a structure to comply with existing State or local health, sanitary or safety code specifications which is solely necessary to assure safe living conditions; or

       (2) Any alteration of a structure listed on the National Historic Register of Historic Places or the State Inventory of Historic Places.

VARIANCE shall mean a grant of relief by the Planning Board, or Zoning Board, as the case may be, from the requirements of this subsection permitting construction in a manner otherwise prohibited by this subsection because the literal enforcement would result in unnecessary hardship.

AIRPORT shall mean any area of land or water, or both, designated and set aside for the landing and taking-off of fixed wing aircraft, utilized or to be utilized by the general public for such purposes, publicly or privately owned, and licensed by the Commissioner of the Department of Transportation as a public use airport or landing strip.

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

AIRPORT HAZARD AREA . An Airport Hazard Area shall be established for each runway at an airport and shall consist of a Runway Subzone, two (2) Runway End Subzones and two (2) Clear Zones. Overall Airport Hazard Area for an airport is geometrically constructed by defining and locating the Runway Subzone and Runway End Subzones for each runway open to the public on an airport open to the public. The outermost borders of the subzones comprise the outermost boundary of the Airport Hazard Area. The area within those outermost boundaries is that area regulated by the provisions of this chapter and is the Airport Hazard Area for an airport.

BUILDING RESTRICTION LINE shall mean a line that is a specified distance from the centerline of a runway; between this line and the runway, there may be no buildings, structures, trees or other such permanent or semipermanent obstructions.

       **Webmasters Note: The previous subsections, a. through the previous definition of b., have been amended as per Supplement No. 20.

CLEAR ZONES. The Clear Zones of an Airport Hazard Area shall consist of trapezoids located within the Runway End Subzone along the flight approach and departure path. Each Clear Zone shall extend one thousand (1000) feet from the end of the Runway Subzone, as measured along the extended centerline of the Runway. The base of the Clear Zone shall be co-located with the end of the Runway Subzone, and shall have a width of two hundred fifty (250) feet. The width of the Clear Zone shall increase as the distance from the end of the Runway Safety Zone increases. Its final width shall be four hundred fifty (450) feet.

EFFECTIVE RUNWAY LENGTH shall mean that distance measured along a runway centerline, from a point on the runway surface where there is a specified slope intersection from obstacles within a specified approach zone to the runway in the direction of travel during the landing. In regard to initial licensing criteria, the effective runway length is affected and reduced by runway gradient to the extent of twenty (20%) percent for each one (1%) percent of longitudinal gradient in excess of two (2%) percent longitudinal gradient.

FIXED OR MOVABLE OBSTRUCTION WHEN USED IN CONTEXT OF OBSTACLE FREE ZONE shall mean any use of land or water, including lateral taxiway to runway centerline clearance, and any man-made or natural structure or body that is fixed or movable, that is higher than one (1) meter. Objects such as visual approach slope indicators, wind indicators, and the like, are exempted from being such fixed or movable obstructions when they are mounted on frangible posts. Crops also may be exempted upon application and review.

RUNWAY LENGTH AND WIDTH shall mean the dimensioned area usable for the landing or takeoff of aircraft. It may be paved, unpaved, or water. Along their length, runways are required to have a minimum sighting distance between points 1.5m (5 feet) high for all distances separated by 350m (1 148 feet).

RUNWAY SUBZONE shall consist of a rectangle having the same centerline and length as the runway, unless a shorter length is necessitated by limited property ownership at the airport. The width of the Runway Subzone shall be two thousand three hundred fifty (2,350) feet and the length of the Runway Subzone shall be the same as the physical length of the runway.

RUNWAY END SUBZONE shall consist of trapezoids located at either end of the Runway Subzone along the flight approach and departure path. Each Runway End Subzone shall extend three thousand (3,000) feet from the end of the Runway Subzone, as measured along the extended centerline of the runway. The base of the Runway End Subzone shall be defined by the end of the Runway Subzone, and shall have a width of two thousand three hundred fifty (2,350) feet. The width of the Runway End Subzone shall narrow as the distance from the end of the Runway Subzone increases. Its final width shall be eight hundred fifty (850) feet.

RUNWAY SAFETY AREA shall mean an area in which a runway is symmetrically located and is graded to be smooth and level. These areas are to be maintained in such a condition that aircraft operating thereon may do so safely and with no damage.

TAXIWAY shall mean a pathway for movement of an aircraft on the surface, usually connecting the landing and takeoff area or runways with support facilities.

THRESHOLD shall mean a line, at right angles to the runway centerline and extending for the full width of the runway, established for the purpose of identifying the beginning of the runway area that is designated for the landing of airplanes.

VFR RUNWAY, 5000 FOOT APPROACH SURFACE (minimum standard) shall mean a runway approach/departure path that is 1524 meters (5000 feet) in length, 76 meters (250 feet) in width at the inner surface, and expands uniformly to 381 meters (1250 feet) in width at the outer surface. It has a 20/1 upward slope from the ground from its inner surface and is free of penetrating obstacles. From its inner surface to 305 meters (1,000) feet outward, the VFR approach surface and clear zone define the same area and are always so co-located (see definition of "clear zone" herein).

CONTINUING CARE RETIREMENT COMMUNITY (CCRC) shall mean a facility licensed by the State of New Jersey to furnish transitional residency for eligible elderly persons, including independent living apartment units, independent living cottage units, assisted living units and nursing care units, each as defined herein below. The CCRC shall provide a comprehensive variety of facilities, services and activities for the residents, including meals, housekeeping services, medical care facilities, security services, personal and professional services such as banking and hairdressing, and communal recreational, social and cultural activities.

INDEPENDENT LIVING APARTMENT UNITS shall mean an apartment dwelling unit which contains living, sleeping, kitchen and sanitary facility accommodations, where all residents are capable of living independently without continuing medical or physical assistance exceeding the levels defined by the operator of the CCRC, and where residents dine either privately and/or in a communal dining area.

INDEPENDENT LIVING COTTAGE UNITS shall mean a single-family dwelling unit, either detached or with two (2) units attached together, which contains living, sleeping, kitchen and sanitary facility accommodations, where all residents are capable of living independently without continuing medical or physical assistance exceeding the levels defined by the operator of the CCRC, and where residents dine either privately and/or in a communal dining area.

ASSISTED LIVING UNITS shall mean an apartment dwelling unit which contains living, sleeping and sanitary facility accommodations, where residents meet the requirements for assisted living residences as defined by the State of New Jersey within N.J.A.C. 8:36 et seq., thereby requiring assistance in normal daily living activities between independent living and nursing care.

NURSING CARE UNITS shall mean one (1) bed, either in a private or semi-private room, and associate facilities, where each resident, by reason of advanced age, chronic illness or infirmity, is unable to care for himself or herself and requires full-time convalescent or chronic care.

A SEWAGE TREATMENT PLANT shall mean a sewage treatment plant which shall service the Continuing Care Retirement Community and any other uses as may be authorized by the Township Committee.

ADDITION shall mean the construction of a new improvement as a part of an existing improvement when such new improvement changes the exterior appearance of the front facade of any designated landmark, or the exterior appearance of any designated landmark visible from any public way.

ALTERATION shall mean any work done on any building or structure which:

       a. Is not an addition to that building or structure; and

       b. Changes the appearance of the exterior surface of any building or structure which exterior surface is either part of the front facade or visible from a public way.

DEMOLITION shall mean the razing of any building or structure or the obliteration of any natural feature of a designated landmark.

HISTORIC DISTRICT shall mean an area designated as art "historic district" by ordinance of the Township Committee and which may contain within definable geographic boundaries historic sites which are visually related, and which may have within its boundaries other properties or structures that, while not of such historic and/or architectural significance to be designated as historic sites, nevertheless, contribute to the overall visual characteristics of the historic site or historic sites located within the historic district.

HISTORIC SITE shall mean 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, archeological, cultural, scenic or architectural significance.

IMPROVEMENT shall mean structure or part thereof constructed or installed upon real property by human endeavor and intended to be kept at that location of such construction or installation for a period of not less than sixty (60) contiguous days.

LANDMARK-See Historic Site.

OFFICIAL NEWSPAPER shall mean official newspaper of the Township of Montgomery.

PRESERVATION PLAN shall mean application and accompanying documents required by this chapter and by any rules of the Landmarks Commission for any action for which preservation plan approval is required pursuant to subsection 16-13.17 sufficient to demonstrate that the standards and criteria set forth in subsections 16-13.20 and 16-13.21 where applicable have been satisfied.

REPAIR shall mean any work done on any improvement which:

       a. Is not an addition to the improvement; and

       b. Does not change the appearance of the exterior surface of any improvement.

REPLACEMENT shall mean repairs, when a building permit is required for same.

STRUCTURE shall mean a combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above or below the surface of a parcel of land. (Ord. #89- 621, 8 4)