APPROVING AUTHORITY - The board constituted pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1, et seq., which, for applications involving site plan or subdivision approval, is the planning board or zoning board of adjustment of this Township.
APPLICABLE DEVELOPMENT ACTIVITY, OR ACTIVITIES - DEVELOPMENT [as defined in the Municipal Land Use Law] in the Carbonate Rock District which requires major subdivision or major site plan approval under Chapter 64 of this Code.
BEDDING - The arrangement of a sedimentary rock in layers of varying thickness and character.
BEDROCK - A general term for the rock that underlies soil or other unconsolidated material.
CARBONATE ROCK - Rock consisting chiefly of calcium and magnesium carbonates.
CARBONATE ROCK DISTRICT - Those land areas underlain by carbonate rock formation, as shown on the Washington Township Carbonate Rock District Map, annexed to this Chapter as an Appendix. (Additional information regarding land areas underlain by carbonate rock, as an aid to interpreting the Map, can be gained from the New Jersey Geological Survey's Warren County Geology Map, found in a publication entitled Environmental Geology of Warren County, New Jersey, by G.C. Herman et al (Open File Map 15B, NJGS, 1994)].
CLOSED DEPRESSION - A shallow, dish-shaped hollow on the land surface which, in area of limestone geology, may be indicative of old sinkholes or incipient collapse.
DISAPPEARING STREAM - A stream that enters the subsurface through a sinkhole or other surface entrance.
DOLOMITE - A carbonate rock that contains more than 15% magnesium carbonate.
FAULT - A surface or zone of rock fracture along which there has been noticeable differential movement.
GEOTECHNICAL INVESTIGATION PROGRAM - A program which identifies the geologic nature of the bedrock materials underlying a site and provides solutions directed at preserving the water quality and assuring the safety of any planned facility or improvement built over carbonate rocks.
JOINT - A fracture in rock generally more or less vertical or transverse to bedding, along which no appreciable movement has occurred.
KARST - A type of topography that is formed over limestone or dolomite by dissolving or solutioning of the carbonate rocks, characterized by sinkholes, closed depressions, caves, solution channels, internal drainage, and irregular bedrock surfaces.
LIMESTONE - A carbonate sedimentary rock consisting chiefly of calcium carbonate. Limestone is commonly used as a general term for that class of rocks which consists of at least 80% calcium or magnesium carbonate. In this chapter the term "limestone" shall be used generically to refer to carbonate rocks, limestone formations and Precambrian marbles
SINKHOLE ( DOLINE ) - A localized land subsidence, generally a funnel-shaped or steep-sided depression, caused by the dissolution of underlying carbonate rocks or the subsidence of the land surface into a subterranean passage, cavity or cave. Sinkholes are formed by the underground removal of sail and rock material.
SOLUTION CHANNELS - Tubular or planar channels formed by solution in carbonate rock terrains, usually along joints and bedding planes. These openings are the main water carrier in carbonate rocks.
VOID - opening in the soil or rock materials.
ADMINISTRATIVE OFFICER - The Secretary of the approving authority for the type of application for development involved. [Added 11-8-1978]
APPROVING AUTHORITY - The Township Land Use Board, unless a different municipal agency is designated in the text of this chapter or has the power of review, approval or other action, when acting pursuant to the authority of the Municipal Land Use Law, in which case it shall be that municipal agency. [Amended 3-20-2001 by Ord. No. 01-2]
BUILDING CODE - The New Jersey State Uniform Construction Code.
BUILDING PERMIT - The construction permit required under the New Jersey State Uniform Construction Code for new construction, renovation, alterations or additions or a combination thereof.
CONDITIONAL USE - A use permitted in a particular zoning district only upon a showing that such use in a specific location will comply with the conditions and standards for the location or operation of such use as contained in the Zoning Ordinance and upon the issuance of an authorization therefor by the approving authority.
DISTRICT - A zoning district.
ENVIRONMENTAL COMMISSION - The Environmental Commission established by ordinance of the Township.
GOVERNING BODY - The Township Committee of the Township.
LOT - A designated parcel or area of land established by plat or otherwise established by deed description, subdivision of record or survey map and to be used, developed or built upon as a unit.
MAINTENANCE GUARANTY - Any security, other than cash, which may be accepted by the Township for maintenance of any improvements required by this chapter.
MAJOR DEVELOPMENT - Development requiring major subdivision or site plan approval.
MAP FILING LAW - N.J.S.A. 46:23-9.9 et seq.
MAJOR SUBDIVISION - Any subdivision not classified as a "minor subdivision".
**Webmasters Note: The previous definition has been amended as per Ordinance No. 2005-08.
MINOR SUBDIVISION - A subdivision of land that does not involve:
(1) The creation of more than two new lots, in addition to the remainder of the original lot.
(2) Planned development as defined in the Municipal Land Use Law.
(3) Any new street.
(4) Extension of any of tract improvement the cost of which is to be prorated pursuant to § 64-37 of this chapter.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 2005-08.
MUNICIPAL ATTORNEY OR ENGINEER - The attorney or engineer of the Township.
MUNICIPAL LAND USE LAW - N.J.S.A. 40:55D-1 et seq.
OFF-SITE AND OFF-TRACT IMPROVEMENTS - Improvements outside the site in question or the tract in question, respectively, to accommodate conditions generated inside the original tract as the result of the proposed development which shall include but not be limited to installation of new improvements and extensions and modification of existing improvements.
OWNER - An individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be developed to commence and maintain proceedings to develop same under this chapter. [Amended 11-8-1978]
RIGHT-OF-WAY - The total width and length of the course of a street, watercourse, utility alignment or other way and within which all improvements and rights of access are confined.
SILTATION BASIN - A facility through which stormwater is directed and which is designed to collect eroded soil from a designated area.
SITE PLAN, EXEMPT - A site plan which is exempt from the requirement of site plan review and approval. Such a site plan is one which involves development for which a building permit or zoning permit is required, but which involves such a permit only for a detached one- or two-family dwelling unit building or buildings or structures accessory thereto; or where no new building or destruction or expansion of existing building is involved and where, under the Zoning Ordinance, no change in permitted principal use or only a change from one permitted principal use, and accessory uses thereto, to another permitted principal use, and accessory uses thereto, is involved.
SITE PLAN, MAJOR - All site plans not defined as minor or exempt.
SITE PLAN, MINOR - A site plan for a development requiring less than 10 parking and/or loading spaces as required in this chapter, containing less than 2,500 square feet of floor area and not having more than 50% lot coverage.
STREET - Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway, which is shown upon a plat heretofore approved pursuant to law, which is approved by official action as provided by this chapter or which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street line. For the purposes of this chapter, streets shall be classified as follows:
ARTERIAL STREETS - Those which are used primarily for fast or heavy traffic.
COLLECTOR STREETS - Those which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
MINOR STREETS - Those which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETS - Streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
ALLEYS - Minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
TOWNSHIP - The Township of Washington, in the County of Warren, New Jersey.
TRACT - An area of land composed of the lot or lots which are the subject of the development application as well as all property (of which such lot or lots are a part) contiguous thereto and in the same ownership, and also all portions of a street or right-of-way contiguous to such lot(s) or other property.
ZONING DISTRICT - A zoning district established under the Zoning Ordinance.
ZONING ORDINANCE - The applicable Zoning Ordinance of the Township, as amended and supplemented.
ZONING PERMIT - The zoning permit required under the Zoning Ordinance.
AGRICULTURE OR HORTICULTURE" OR "AGRICULTURAL OR HORTICULTURAL USE means the use of the land for common farmsite activities including but not limited to production, harvesting, storage, grading, packaging, processing and the wholesale and retail marketing of crops, plants, animals and other related commodities and the use and application of techniques and methods of soil preparation and management, fertilization, weed, disease and pest control, disposal of farm waste, irrigation, drainage, and water management, and grazing.
AGRICULTURAL OR HORTICULTURAL DEVELOPMENT means construction for the purposes of supporting common farmsite activities, including but not limited to: the production, harvesting, storage, grading, packaging, processing, and the wholsesale and retail marketing of crops, pan --animals-and other d the use and application of techniques and methods of soil preparation and management, fertilization, weed, disease, and pest control, disposal of farm waste, irrigation, drainage and water management, and grazing.
CATEGORY 1 (C1) WATERS " means Waters of the State, including unnamed waterways that appear on Soil Survey and USGS Topographic Quadrangle within the same HUC 14 watershed, designated in NJAC 7:911-1.15 (c) through (h) for purposes of implementing the anti-degradation policies set forth at NJAC 7:9B-1.5(d) for protection from measurable changes in water quality characteristics because of their clarity, color, scenic setting, other characteristics of aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, or exceptional fisheries resources(s).
COMPACTION means the increase in soil bulk density caused by subjecting soil to greater-than-normal loading.
Compaction can also decrease soil infiltration and permeability rates.
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 the Warren County Planning Board, as designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s).
DEPARTMENT " means the New Jersey Department of Environmental Protection.
DESIGNATED CENTER " means a State Development and Redevelopment Plan Center, such as urban, regional, town, village, or hamlet, as designated by the State Planning Commission.
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, by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural lands, development means: any activity that requires a State permit; any activity reviewed by the County Agricultural Development Board (CABB) 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.
DISTURBANCE " means any activity including the clearing; excavating; storing; grading, filling or transportation of soil or any other activity that causes soil to be exposed to the danger of erosion.
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 CRITICAL AREA " 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; well head protection areas; and ground water recharge areas. Habitats of endangered or threatened species are those identified by the Department's Landscape Project as approved by the Department's Endangered and Non-game Species Program, or by the
Department pursuant to the Highlands Act at NJSA 13:20-32k and 13:20-34a(4).
EROSION " means the detachment and movement of soil or rock fragments by water, wind, ice or gravity.
GROUND WATER " means a body of water below the surface of the land in a zone of saturation where the spaces between the soil or geological materials are fully saturated with water.
HIGHLANDS ACT " means the Highlands Water Protection and Planning Act, P.L. 2004, c.120, codified at N.J.S.A. 13:20-1 et. seq. as amended.
HUC-14 " means a watershed as defined by the United States Geological Survey with a 14-digit identifier; a subwatershed.
IMPERVIOUS SURFACE " means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water relative to natural conditions in the area.
INFILTRATION " is the process by which water from precipitation seeps into the soil to a level below the normal root soil of plant species.
KARST TERRAIN " means an area where karst topography, with its characteristic surface and subterranean features, is developed as a result of the dissolution of limestone, dolomite, or other soluble rock. Characteristic physiographic features present in karst terrains include but are not limited to sinkholes, sinking or disappearing streams, caves, blind valleys, large springs and subterranean drainage. See also limestone area.
LIMESTONE AREA " means an area of Warren County underlain by carbonate sedimentary rock consisting chiefly of calcium carbonate. Limestone is commonly used as a general term for the class of rocks that consist of at least 80 percent calcium or magnesium carbonate. See also karst terrain.
LOW IMPACT DEVELOPMENT" (LID) means methods incorporating design measures to replicate pre-development hydrology to reduce the impacts of development at a lot-level basis, treating rainwater where it falls by creating conditions that allow the water to infiltrate back into the ground. LID emphasizes greater infiltration of stormwater on-site rather than regarding the stonmwater as a nuisance condition..
MAINTENANCE PLAN " means a document required for all major development projects for stormwater management maintenance. The document shall contain specific preventive maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventive and corrective maintenance (including replacement).
MAJOR DEVELOPMENT " means any "development" that provides for ultimately disturbing one or more acres of land or would create one-quarter acre or more of impervious surface.
MAXIMUM EXTENT PRACTICABLE " means compliance with the specific objective to the greatest extent possible taking into account equitable considerations and competing factors, including but not limited to, environmental benefits, pollutant removal effectiveness, regulatory compliance, ability to implement given site-specific environmental conditions, cost and technical or engineering feasibility.
MITIGATION " means an action by an applicant providing compensation or offset actions for onsite stormwater management requirements where the applicant has demonstrated the inability or impracticality of strict compliance with the stormwater management requirements set forth in NJAC 7:8, in an adopted regional stormwater management plan, or in this local ordinance, and has received a waiver from strict compliance from the municipality. Mitigation, for the purposes of this ordinance, includes both the mitigation plan detailing how the project's failure to strictly comply will be compensated, and the implementation of the approved mitigation plan within the same HUC-14 within which the subject project is proposed (if possible and practical), or a contribution of funding toward a regional stormwater control project, or provision for equivalent treatment at an alternate location, or other equivalent water quality benefit.
MUNICIPALITY " means any city, borough, town, township, or village.
NODE " means an area designated by the State Planning Commission concentrating facilities and activities that are not organized in a compact form.
NONSTRUCTURAL STORMWATER MANAGEMENT TECHNIQUES " means techniques that control or reduce stormwater runoff in the absence of stormwater structures (e.g., basins and piped conveyances), such as minimizing site disturbance, preserving important site features including, but not limited to, natural vegetation, reducing and disconnecting impervious cover, minimizing slopes, utilizing native vegetation, minimizing turf grass lawns, increasing time of concentration and maintaining and enhancing natural drainage features and characteristics.
NUTRIENT " means a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of plants, algae and other organisms or vegetation.
NUTRIENT LOAD " means the total amount of a nutrient such as nitrogen or phosphorus entering the water during a given time, such as "tons of nitrogen per year", or "pounds of phosphorus per day." Nutrients may enter the water from runoff, ground water recharge, point source discharges, or the air (in the form of wet deposition such as rain or snow as well as dry deposition).
NUTRIENT CONCENTRATION " means the amount of a nutrient in a defined volume of water (such as milligrams of nitrogen per liter). The relationship between nutrient concentration and nutrient load can vary and depends on the surface water flow, the volume of water in the water body or aquifer, and watershed characteristics.
PERMEABLE " means a surface or land cover capable of transmitting or percolating a significant amount of precipitation into the underlying soils.
"Person" means any individual, corporation, company, partnership, firm, association, Township of Washington, or political subdivision of this State subject-to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:5513-1 et seq.
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.
POLLUTION " means the man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water to the extent that the pollutant concentration or level violates either the Ground Water Quality Standards (N.J.A.C. '7:9-6) or the Surface Water Quality Standards N.J.A.C. 7:9B) of New Jersey.
RECHARGE " means the amount of water from precipitation that infiltrates into the ground, and becomes part of a ground water body.
REVIEW AGENCY (MUNICIPAL) " means the municipal body or official that is responsible for the review of a major development project for compliance with the stormwater management requirements.
SEDIMENT " means solid material, mineral or organic, that is in suspension and 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.
SOLID AND FLOATABLE MATERIALS means sediment, debris, trash, and other floating, suspended, or settleable solids.
SOURCE MATERIAL " means any material(s) or machinery, located at an industrial facility, that is directly or indirectly related to process, manufacturing, or other industrial activities, that could be a source of pollutants in any industrial stormwater discharge to ground or surface water. Source materials include, but are not limited to raw materials, intermediate products, final products, waste materials, by-products, industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.
SPECIAL RESOURCE WATERS " means water bodies receiving special protections due to their drinking water status or role as high-quality habitat for Threatened and Endangered species or species of commercial or recreational importance. This includes waterways so designated through the NJ Stormwater Management Rules (N.J.A.C. 7:8) because of exceptional ecological significance, exceptional water supply significance, exceptional recreational significance, exceptional shellfish resource, or exceptional fisheries resource. Waters so designated are protected by a 300-foot buffer extending on either side of the waterway measured perpendicular from top-of-bank or center of channel for waterways lacking a defined top-of-bank.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA 1) means an area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the state's future redevelopment and revitalization efforts.
STATE PLAN POLICY MAP " 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.
STORRNWATER 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, or conveyed by snow removal equipment.
STORMWATER RUNOFF ' means the flow of stormwater on or across the surface of the ground, in drainage facilities or in storm sewers.
STORMWATER MANAGEMENT BASIN " means an excavation or embankment and related areas designed to retain stormwater runof. 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 (a constructed stormwater wetland).
STORMWATER MANAGEMENT MEASURE " means any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stonmwater runoff and associated pollutants, or to induce or control the infiltration or ground water recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.
STREAM BUFFER " means a strip of land located immediately adjacent to a stream channel consisting of natural, undisturbed vegetative cover, which serves as a transition area between uplands and riparian lands.- A stream buffer may encompass wetlands, may be contained with a flood plain or floodway or may extend beyond a wetland, floodplain or floodway boundary.
STRUCTURAL STORMWATER TECHNIQUES " means a stormwater management measure that involves control of concentrated stormwater runoff or infiltration such as stormwater basins, piped conveyance systems and manufactured stormwater devices, and can include various types of basins, filters, surfaces, and devices located on individual lots in a residential development or throughout a commercial, industrial, or institutional development site in areas not typically suited for larger, centralized structural facilities.
THREATENED AND ENDANGERED SPECIES - Endangered Species are those whose prospects for survival in New Jersey are in immediate danger because of a loss or change in habitat, over-exploitation, predation, competition, disease, disturbance or contamination. Assistance is needed to prevent future extinction in New Jersey. Threatened Species are those who may become endangered if conditions surrounding them begin to or continue to deteriorate. Habitats of endangered or threatened species are those identified by the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program, or by the Department pursuant to the Highlands Act at N.J.S.A. 13:20-32k and 13:20-34a(4).
TIME OF CONCENTRATION " is defined as the time it takes for stormwater runoff to travel from the hydraulically most distant point of the watershed to the point of interest within a watershed.
TRANSITION AREA " means an area of protected upland adjacent to a freshwater wetland that minimizes adverse impacts on the wetland or serves as an integral component of the wetlands ecosystem. Also called "buffer" area.
URBAN REDEVELOPMENT AREA " is defined as previously developed portions of areas delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA I); Designated Centers, Cores or Nodes.
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 suficent to support, and that under normal circumstances goes support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
ABANDONMENT OF STRUCTURE OR USE - The discontinuance of the use of any structure or property under circumstances which would indicate an intent on the part of an owner or occupier thereof to permanently discontinue the same. [Added 6-12-1985 by Ord. No. 85-10]
ACCESSORY BUILDING, STRUCTURE OR USE - A building, structure or use which is customarily associated with and is subordinate and incidental to the principal building, structure or use and which is located on the same lot therewith An accessory building attached to the principal building shall comply in all respects with the requirements applicable to the principal building.
ACCESSORY DWELLING UNIT - A separate and subordinate dwelling unit incorporated within or to become part of or associated with an existing single-family dwelling unit, which dwelling also contains a primary dwelling unit, which subordinate dwelling unit shall exist on a temporary or less than permanent basis [Added 10-10-1990 by Ord. No. 90-15]
ACCESSWAY - A road or drive within a development suitable for motor vehicular travel Such "accessway" may or may not be intended to become part of a governmentally maintained system of roads. [Added 4-9-1980]
AGRICULTURAL USE - The growing and harvesting of crops and the raising and breeding of farm animals, including truck farms, fruit farms, produce farms, nurseries and greenhouses, dairies and livestock, except that commercial piggeries are prohibited, and that such use does not have any dwelling on the lot involved.
**Webmaster's Note: This definition has been added as per Ordinance No. 98-05.
ALTERATIONS OR ADDITIONS, STRUCTURAL - Any change in or additions to the supporting members of a building such as walls, columns, beams, girders, posts or piers.
APARTMENT - One of a group, of dwelling units in one building in which two or more such units share a common hall or passageway to the outside
APPROVING AUTHORITY - The Township Planning Board, unless a different municipal agency is designated in the text of this chapter or has the power of review, approval or other action, when acting pursuant to the authority of the Municipal Land Use Law, in which case it shall be that municipal agency. [Added 6-12-1985 by Ord. No. 85-10]
ASSISTED, LIVING - A facility which is licensed by the New Jersey State Department of Health to provide rental housing units and communal dining where residents am ambulatory but who are in need of assistance in one or more activities of daily living. Personal care is provided to residents by in-house staff in the activities of daily living and in-house staff is also available to respond to, unscheduled needs for assistance that might arise. Individual residential units must include, at a minimum, an unfurnished room, a private bathroom a kitchenette and a lockable door on the unit entrance, and the age of its residents shall be restricted to 62 years of age or older, except in the case of a spouse who is married to a resident who is 62 years of age or older.
**Webmasters Note: The previous definition has been added as per Ord. no. 99-05.
BASEMENT - A story having more than 25% of its clear height below average contact grade
BILLBOARD - Any structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes, other than that on a building or its grounds, giving the name and occupation of the user of the premises, the nature of the business conducted therein or the products primarily sold or manufactured therein.
BUILDING - A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof
BUILDING COVERAGE - The ratio expressed as a percentage of the square footage or other area measurement by which all buildings occupy a lot as measured on a horizontal plane around the periphery of the foundations (and including the area under the roof of any structure supported by columns or other supports, but not having walls, as measured around the outside of the outermost extremities of the roof above the columns) to the total area of the lot
BUILDING HEIGHT - The vertical distance, measured at all points along the exterior of a building or townhouse unit, from the finished grade to the top of the highest roof beams of the building's flat roof, or to the mean level of the highest gable of the building's gable or hip roof shall not exceed 35 feet.
**Webmasters Note: The previous definiton has been amended as per Ordinance No. 2006-29.
CAMPING VEHICLE
(1) A self-propelled vehicular structure built as one unit on a chassis and designed for temporary living for travel, recreation, vacation or other short-term uses which may contain cooking, sleeping and sanitary facilities
(2) A structure containing cooking and sleeping facilities for travel, recreation, vacation or other short-term use and designed to be attached to the body of another vehicle for transporting from one location to another
(3) A portable vehicular structure built on a chassis designed for camping, the body of which is basically rectangular with a flat top not more than four feet above the surface of the ground. This camping vehicle is designed to have a temporary tent erected above the four-foot level for camping activities
CLUSTER SINGLE-FAMILY RESIDENTIAL DEVELOPMENT - A development whose only principal uses are detached dwellings, based on a gross dwelling unit density for the entire tract in the zoning district in which it is located and allowing the lot sizes for detached dwellings to be reduced or individual segments to have higher densities so long as the gross density is not exceeded
COAH - The Council on Affordable Housing established pursuant to the provisions of the Fair Housing Act, N.J.S.A 52.27D-301 et seq. [Added 3-8-1989 by Ord. No. 89-6]
CODE - The Code of the Township of Washington, County of Warren, New Jersey, as amended.
**Webmaster's Note: The previous definition has been added as per Ordinance 98-05.
COMMON PROPERTY - 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 and enjoyment shared by 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 CENTER - A building used for recreational, social, educational and cultural activities, usually owned by a public or nonprofit group or agency.
COMMUNITY GARDEN - Common open space set aside for use by residents and owners of the development to grow flowers and produce for personal consumption and not for profit.
CONFERENCE CENTER - A facility used for business and professional conferences and seminars, which may have accommodations for sleeping, eating and recreation of a nature which is usual and customary to a conference center and is incidental and subordinate to the operation of the center.
**Webmaster's Note: The previous three definitions have been added as per Ordinance No. 98-05.
DWELLING, DETACHED - A building physically detached from other buildings or portions of buildings which contains, or is intended to contain, no more than one dwelling unit.
DWELLING UNIT - A room or series of connected rooms containing living, cooking, sleeping and sanitary facilities for one housekeeping unit The dwelling unit shall be self-contained and shall not require the use of outside stairs, common hallways, passing, through another dwelling unit or other indirect route(s) to get to any portion of the dwelling unit, nor shall there be shared facilities with another housekeeping unit.
EDUCATIONAL FACILITY - A building, facility, or area which is used for education, instruction or training in any branch of knowledge.
**Webmaster's Note: The previous definition has been added as per Ordinance No. 98-05.
FARM
(1) Principal uses a lot of at least six-acre lot area, which may contain a detached dwelling and which is used for the growing and harvesting of crops and the raising and breeding of certain animals, including truck farms, fruit farms, nurseries and greenhouses, dairies and livestock produce, except that commercial piggeries are prohibited
(2) Accessory uses Buildings incidental to farms such as tenant houses or greenhouses, buildings for housing seasonal workers for the farm's own use, barns, packing, ,grading and storage buildings limited to produce raised on the premises but not processing operations, buildings for keeping of poultry and permitted livestock, and garages for the keeping of equipment and trucks used in farm operations
FARMERS MARKET - A market inside a building consisting of booths and stalls which are organized to sell produce and farm products produced by the party occupying the individual booth or stall to the general public.
**Webmaster's Note: The previous definition has been added as per Ordinance No. 98-05.
FIRST-FLOOR AREA - The residential portion of a dwelling unit, excluding basements and garages, measured by using- the habitable floor area of the residential portion of the building For a split level, bi-level or tri-level dwelling, the area shall be considered to be the sum of the areas of two adjoining levels, excluding basements and garages, provided that both levels are connected by permanent built-in stairs in the interior of the building
FLOODPLAIN - The relatively flat terrain adjoining a water channel which has been or may be hereafter covered by floodwater of the channel
FLOOR AREA - The sum of the gross horizontal areas of the several floors of a dwelling, excluding garage areas and basements. Said gross horizontal areas shall be measured from the exterior walls of the dwelling, without deduction for hallways, stairs, closets, thickness of walls, columns or other features. [Added 10-10-1990 by Ord. No. 90-15]
FLOOR AREA RATIO - The ratio, expressed as a percentage, of the gross floor area, in square feet, of a building or group of buildings on a lot, compared to the lot area, in square feet, of the lot. [Added 11-9-1988 by Ord. No. 88-11]
GARDEN APARTMENT - An apartment containing a minimum of six dwelling units and not exceeding 2 1/2 stories in height
GOLF COURSE - An area of 50 or more contiguous acres containing a full-size professional golf course at least nine holes in length, not less than three par each, which may have usual and customary accessory uses and structures, such as a clubhouse and dining and refreshment facilities, pro shop, maintenance facilities, and caretakers dwelling, provided that such uses and structures are incidental and subordinate to the operation of a golf course.
**Webmaster's Note: This definition has been amended as per Ordinance No. 98-05.
GROSS FLOOR AREA - The sum of the area of all floors of a building within the perimeter of the outside walls of the building at each story, without deduction for hallways, stairs, closets, thickness of walls, columns or other features [Added 11-9-1988 by Ord. No. 88-11]
HABITABLE FLOOR AREA - The area measured by using inside habitable or similarly usable dimensions of the building, excluding the area of a residential garage, attic, open porch or patio Only those floor areas which have ceiling heights of eight feet or more, and those areas with ceiling heights of less than eight feet used for storage space in nonresidential uses, shall be included in the gross floor area.
HOME PROFESSIONAL OCCUPATION [Amended 3-8-1989 by Ord. No. 89-4] - A legal occupation conducted within a single-family dwelling used as such dwelling, provided that the occupation is clearly incidental and subordinate to the principal residential use on the lot. Such occupation is conducted solely by resident occupants of the dwelling structure housing the occupation, except that no more than three persons who are not such resident occupants may also be employed therein. No more than 900 square feet, or no more than the equivalent of the first floor habitable floor area of the dwelling, whichever is smaller, is used for such occupation, and the habitable floor area of the dwelling not used in such occupation shall be at least 1,000 square feet
HOTEL - A commercial facility offering transient lodging accommodations to the general public with access from rooms to the outside through the main lobby and providing additional usual and customary accessory services and facilities such as restaurants, meeting rooms, and recreation facilities.
INN - A facility offering transient lodging accommodations to the general public distinguished from a motel or hotel by its smaller size and more personal atmosphere.
LOT, CORNER A lot on the junction of and abutting two or more intersecting streets where the interior angle of intersection does not exceed 135. Corner lots will be deemed to consist of two front yards, one side and one rear yard. The rear yard will be deemed to be opposite the narrower lot width.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 09-15.
MANOR HOME - A 2, 3 or 4 dwelling unit attached dwelling which appears on the exterior as a Single Family Detached Dwelling, where no part of any dwelling unit is located above or below another.
MOTEL - An establishment providing transient accommodations to the general public containing rooms having direct access to the outside without the necessity of passing through the main lobby of a building.
OPEN SPACE - refer to the definition of open space as defined within NJSA 40:55D-5.
**Webmaster's Note: The previous five definitions have been added as per Ordinance No. 98-05.
PARKING SPACE An off-street area that conforms with the requirements of §123-21, 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 nothing shall prohibit private driveways for detached dwelling units from being considered off-street parking areas, provided that no portion of such private driveway within the street line intersected by such driveway shall be considered off-street parking space. The area is intended to be sufficient to accommodate the exterior extremities of the vehicles, even if in addition thereto wheel blocks are installed within this area to prevent the bumper from overhanging one end of the parking space. 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. On street parallel parking, where not otherwise prohibited, is permitted so long as the parking space on interior roadways is a minimum of 8' x 24'
**Webmasters Note: The previous definition has been amended as per Ordinance No. 09-15.
PUBLIC PURPOSE USES - The use of land or buildings by the governing body of the township or any officially created authority or agency of the township or by a volunteer fire company or rescue squad serving the township or part thereof
QUASI-PUBLIC - A use owned or operated by a nonprofit, religious or eleemosynary institution and providing educational, cultural, recreational, religious or similar types of public programs [Added 9-17-1996 by Ord. No. 96-12]
REGION - The housing region in which the township is situated, as defined in and determined in regulations adopted pursuant to the Fair Housing Act, N.J.S.A 52.27D-301 et seq. [Added 6-12-1985 by Ord. No. 85-10; amended 3-9-1989 by Ord. No. 89-6]
RESIDENTIAL AGRICULTURE - The growing and harvesting of plant life or the keeping of farm animals on lots with a lot area of 90,000 square feet or more, for the enjoyment of the residents on the lot and not primarily for commercial purposes
RESTAURANT - Any establishment, however designated, at which food is sold for consumption on the premises However, a snack bar or refreshment stand at a public or community swimming pool, playground, golf course, playfield or park, operated solely by the agency or group operating the recreational facility and for the convenience of patrons of the facility, shall not be deemed to be a "restaurant "
RESTAURANT, DRIVE-IN - Any restaurant, refreshment stand, snack bar, dairy bar, hamburger stand or hot dog stand where food is served primarily for consumption at counters, stools or bars outside the building or primarily for consumption in automobiles parked on the premises whether brought to said automobiles by the customer or by employees of the restaurant, regardless of whether or not additional seats or other accommodations are provided for customers inside the building
SERVICE STATION . Land, building and structures used for the sale of motor vehicle fi el, lubricants, and automotive accessories, including maintenance and minor repair of motor vehicles, and convenience stores in the conjunction with the sale of motor vehicle fuel, but specifically excluding all of the following (which shall be prohibited):
1. Restaurants;
2. Showers or sleeping facilities for patrons; and
3. Motor vehicle body repairs, painting, and storage of inoperable or wrecked vehicles.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 08-10.
SETBACK LINE - A line drawn parallel with a 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 the lot line and beyond which a building or part of a building is not permitted to extend toward the street line or lot line
SETBACK 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.
SHOPPING CENTER - A group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on site. Shopping centers could include supermarkets, retail stores, restaurants, banks, financial, business and professional offices and/or such other commercial uses permitted in that zone [Added 9-17-1996 by Ord. No. 96-12]
SIGN - Any building or structure or portion thereof on which any announcement, declaration, demonstration, display, illustration or insignia is used to advertise or promote the interest of any person or product when the same is placed in view of the general public.
SINGLE FAMILY DETACHED DWELLING - A detached dwelling (as defined above).
**Webmaster's Note: This definition has been added as per Ordinance No. 98-05.
SITE PLAN - A site plan required by the Washington Township Development Regulations Ordinance (1977)
STORIES ABOVE GRADE - any story having a finished floor surface entirely above grade, except that a basement shall be considered a story above grade when the finished surface of the floor above the basement is more then 3 feet above any grade plane.
**Webmasters Note: The previous definition has been added as per Ordinance No. 2006-29.
STORY - That portion of a building included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. For the purpose of this chapter, the interior of the roof shall not be considered a ceiling A half story is the area under a pitched roof at the top of a building, the floor of which is at least four feet, but no more than six feet, below the plate
STREET - Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway, or which is shown upon a plat heretofore approved pursuant to an ordinance of this township regulating land subdivision adopted pursuant to the Municipal Land Use Law or to the Municipal Planning Act (1953) and which has been either constructed to meet the design and other requirements for acceptance as a public street of the township or which is to be so constructed and for which a performance guaranty has been posted for such construction; 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. "Street" 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 lines
STREET LINE - The edge of the existing street right-of-way or the future street right-of-way as shown on the adopted Master Plan or Official Map, forming the dividing line between the street and a lot, whichever would result in the widest right-of-way
STRUCTURE - A combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above or below the surface of a parcel of land
SWIMMING POOL, PORTABLE - Portable pools shall not be subject to the requirements of Article IV and are those pools which are not otherwise permanently installed, do not require water filtration, circulation and purification, do not exceed 18 inches in depth, do not exceed a water surface area of 100 square feet, and do not require braces or supports
SWIMMING POOL, PRIVATE RESIDENTIAL - Includes artificially constructed pools, whether located above or below the ground, having a depth of more than 18 inches and/or a water surface of 100 square feet or more designed and maintained for swimming and bathing purposes by an individual for use by members of his household and guests and which is located on a lot as any accessory use to a detached dwelling- and shall include all buildings, structures, equipment and appurtenances thereto.
TOWNHOUSE - A dwelling of at least four but no more than six 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 2 stories above gradeas limited by building height above but nothing in the definition shall be construed to allow one dwelling unit over another.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 2006-29.
TOWNSHIP - Township of Washington, in the County of Warren, New Jersey
TRACT - An area of land composed of one or more lots adjacent to one another, having sufficient dimensions and area to make one parcel of land meeting the requirements of this chapter for the use(s) intended The original land area may be divided by one existing public street and still be considered one "tract," provided that the street is not an arterial road and that a linear distance equal to more than 75% 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
VILLAGE HOUSE - A detached dwelling, with one side of the dwelling 5 feet or less from the side lot line and landscaping or a porch to buffer the front of the dwelling from the street
**Webmaster's Note: This definition has been added as per Ordinance No. 00-07..
YARD - A required open space, unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general -round level of the graded lot or tract upward, except as otherwise permitted by this chapter; provided, however, that fences, walls, poles, posts and other customary yard accessories, ornaments and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility [Added 4-9-1980]
YARD, FRONT - An open space extending across the full width of the lot and lying between the street line and the closest point of any building on the lot The depth of the "front yard" shall be measured horizontally and at right angles to either a straight street line or the tangent lines of curved street lines The minimum required "front yard" shall be the same as the required setback
YARD, REAR - 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. The minimum required "rear yard" shall be the same as the required setback
YARD, SIDE - 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 "side yard" shall be measured horizontally and at right angles to either a straight side line or the tangent lines of curved side lot lines
YARDS
**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.
ANTENNA means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals.
APPROVING AUTHORITY shall mean the Planning Board with respect to conditional use permits the Zoning Board of Adjustment with respect to variance requests pursuant to N.J.S.A. 40:55D70(d)(1), (d)(3); and/or (d)(6); and/or, the Zoning Officer for Permitted uses with respect to this Ordinance and applicable State and Federal law."
BACKHAUL NETWORK means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
FAA means the Federal Aviation Administration.
FCC means the Federal Communications Commission.
HEIGHT means, when referring to a tower or other structure, the distance measured from the lowest finished grade of the base of the tower to the highest point on the tower or other structure, including the base pad and any antenna.
PREEXISTING TOWERS AND PREEXISTING ANTENNAS - means any tower or antenna for which a building permit or other permit has been properly issued prior to the effective date of this ordinance, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired, and including any tower or antenna that is presently a permitted use pursuant to Section 5(B)(1) on property owned, leased or otherwise controlled by the Township of Washington.
STEALTH TOWER STRUCTURE means man-made trees, clock tower, bell steeples, light poles and other similar alternative-design mounting structures that camouflage and/or conceal the presence of antennas or towers.
TOWER means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. Guyed towers are not permitted within the Township. The term includes, but is not limited to, radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term also includes the structure and any support thereto.