REZONING - The amendment or other alteration to any development regulation in existence within the Township through the legislative act of the Township of Springfield Township Council by ordinance, resolution or motion, as those terms are defined by N.J.S.A. 40:49-1, which is proposed by the Township Council, other agencies or Boards of the Township, resident of the Township or other person or entities having an interest in the development of land within the Township and which is proposed or initiated for consideration during the time periods between the date reports are issued by the Planning Board in its periodic reexamination of the Township Master Plan required by N.J.S.A. 40:55D-89. This term shall not include any amendment or other alteration to any development regulation which is recommended in the periodic report required by N.J.S.A. 40:55D-89d, the Township Council finding that those amendments of alterations would be developed from a comprehensive review of the Township Master Plan and, therefore, should be free from the procedures set forth in this article.

REZONING APPLICATION - An application for rezoning.

ADMINISTRATIVE OFFICER - The Secretary of the Planning Board or the Zoning Board of Adjustment, as the case may be.

ADT (AVERAGE DAILY TRAFFIC) - The average number of cars per day that pass over a given point.

AISLE - The traveled way by which cars enter and depart parking spaces.

       

ALLEY - A public or private street primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.

APPLICATION FOR DEVELOPMENT - The application form and all accompanying documents required by ordinance for approval of a subdivision plat or site plan.

APPROVING AUTHORITY - The Planning Board of the Township of Springfield, unless a different agency is designated by ordinance when acting pursuant to the authority of the Municipal Land Use Law.

ASCE - The American Society of Civil Engineers.

       

ASTM - The American Society for Testing Materials, Philadelphia.

       

BARRIER CURB - A steep-faced curb intended to prevent encroachments.

       

BELGIAN BLOCK CURB - A type of paving stone generally cut in a truncated, pyramidal shape, laid with the base of the pyramid down.

BOARD OF ADJUSTMENT - The Zoning Board of Adjustment established pursuant to N.J.S.A. 40:55D-69.

CAPITAL IMPROVEMENT PROGRAM - A proposed schedule of all future projects listed in order of construction priority, together with cost estimates and the anticipated means of financing each project.

CARTWAY - The actual road surface area from curbline to curbline, which may include travel lanes, parking lanes and deceleration and acceleration lanes. Where there are no curbs, the cartway is that portion between the edges of the paved, or hard surface, width.

CENTER LINE OFFSET OF ADJACENT INTERSECTIONS - The gap between the center line of roads adjoining a common road from opposite or same sides.

CHANNEL - The bed and banks of a natural stream which convey the constant or intermittent flow of the stream.

CHANNELIZATION - The straightening and deepening of channels and/or the surfacing thereof to permit water to move rapidly and/or directly.

COMMON OPEN SPACE - An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

CUL-DE-SAC - A local street with only one outlet and having the other end for the reversal of traffic movement.

CULVERT - A structure designed to convey a watercourse not incorporated in a closed drainage system under a road or pedestrian walk.

CURB - A vertical or sloping edge of a roadway. See also belgian block curb, barrier curb, mountable curb.

DAYS - Calendar days.

       

DEDICATION - An act conveying property or an interest thereto.

       

DESIGN FLOOD - The relative size or magnitude of a major flood of reasonable expectancy, which reflects both flood experience and flood potential and is the basis of the delineation of the floodway, the flood hazard area and the water surface elevations.

DETENTION BASIN - A man-made or natural water collector facility designed to collect surface and subsurface water in order to impede its flow and to release the same gradually, at a rate not greater than that prior to the development of the property, into natural or man-made outlets.

       

DEVELOPER - The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or any other person having enforceable proprietary interest in such land.

DEVELOPMENT - The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation or landfill; and any use or change in the use of any building or other structure, land or extension of use of land.

DEVELOPMENT REGULATION - A zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other Township regulation of the use or development of land, adopted pursuant to the Municipal Land Use Law.

DRAINAGE - The removal of surface water or groundwater from land by drains, grading or other means. This includes control of runoff during and after construction or development to minimize erosion and sedimentation to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage and the means necessary for water supply preservation or prevention or alleviation of flooding.

DRAINAGE FACILITY - A component of the drainage system.

       

DRAINAGE SYSTEM - The system through which water flows from the land, including all watercourses, water bodies and wetlands.

DRIVEWAY - A paved or unpaved area used for ingress or egress of vehicles, and allowing access from a street to a building or other structure or facility.

EASEMENT - A right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structures.

ENVIRONMENTAL CONSTRAINTS - Features, natural resources or land characteristics that are sensitive to improvements and may require conservation measures, the application of creative development techniques to prevent degradation of the environment, limited development or in certain instances may preclude development.

EROSION - The detachment and movement of soil or rock fragments by water, wind, ice and gravity.

ESCROW - A deed, bond, money or a piece of property delivered to a third person to be delivered by him/her to the grantee only upon fulfillment of a condition.

EXEMPT SUBDIVISION - See subdivision.

       

FENCE - An artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials.

FINAL APPROVAL - The official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.

FINAL PLAT - The final map of all or a portion of a subdivision which is presented to the approving agency for final approval in accordance with these regulations, as well as the New Jersey Map Filing Law, and which, if approved, shall be filed with the proper County Recording Officer.

FRONTAGE - See lot frontage.

       

GENERAL DEVELOPMENT PLAN - A plan outlining general, rather than detailed, development intentions. It describes the basic parameters of a major development proposal rather than giving full engineering details. As such, it allows general intentions to be proposed and discussed without the extensive costs involved in submitting a detailed proposal.

GRADE - The slope of a street or other public way specified in percentage terms.

       

GUTTER - A shallow channel, usually set along a curb or the pavement edge of a road, for purposes of catching and carrying off runoff water.

HISTORIC DISTRICT - One or more historic site and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.

HISTORIC SITE - Any real property, man-made structure, natural object or configuration, or any portion or group of the foregoing, which has been formally designated in the Master Plan as being of historical, archaeological, cultural, scenic or architectural significance.

IMPERVIOUS SURFACE - A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.

IMPOUNDMENT - A body of water, such as a pond, confined by a dam, dike, floodgate or other barrier.

IMPROVED PUBLIC STREET - For subdivision purposes or site plan, any street which complies in width and construction with Township standards.

IMPROVEMENT - Any man-made, immovable item which becomes part of, placed upon or is affixed to real estate.

       

INDIVIDUAL SEWAGE DISPOSAL SYSTEM - A septic tank, seepage tile sewage disposal system or any other approved sewage treatment device serving a single unit.

ISLAND - In street design, a raised area usually curbed, placed to guide traffic, separate lanes or used for landscaping, signing or lighting.

ITE - The Institute of Transportation Engineers.

       

LAND - Real property, including improvements and fixtures on, above or below the surface.

       

LOT - A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

LOT AREA - The size of a lot measured within the lot lines and expressed in terms of acres or square feet.

LOT FRONTAGE - That portion of a lot extending along a street line.

       

MAINTENANCE BOND - Any security that is acceptable to the Township Council to assure the maintenance of approved installations by developers.

MAINTENANCE GUARANTEE - Any security, other than cash, that may be accepted by the Township for the maintenance of any required improvements.

MAJOR SITE PLAN - Any site plan not classified as a minor site plan.

       

MAJOR SUBDIVISION - Any subdivision not classified as a minor subdivision.

       

MANHOLE - An inspection chamber whose dimensions allow easy entry and exit and working room for a person inside.

MANNING EQUATION - A method for calculating the hydraulic capacity of a conduit to convey water.

MARGINAL ACCESS STREET - A service street that runs parallel to a higher-order street which, for purposes of safety, provides access to abutting properties and separation from through traffic. It may be designed as a residential access street or subcollector as anticipated daily traffic dictates.

MASTER PLAN - A composite of one or more written or graphic proposals for the development of the Township as set forth and adopted by the Planning Board pursuant to N.J.S.A. 40:55D-28.

MINOR SITE PLAN - A site plan which consists of minor additions, modifications, renovations or changes in use which do not entail a change in the drainage system, an impact on any county facility or the addition of off-street parking pursuant to the provisions of Chapter 215, Zoning, and is in accordance with the definition of minor site plan set forth in N.J.S.A. 40:55D-5.

MINOR SUBDIVISION - Any subdivision containing not more than two new lots and a remainder, with all lots fronting on an existing improved street, not involving a planned development or a new street or road or the extension of Township facilities, not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Master Plan, Official Map, Chapter 215, Zoning, or this chapter. If a parcel or tract of land has been granted a minor subdivision approval, it may not be further subdivided as a minor subdivision for a period of two years from the date of the previous minor subdivision approval.

OFFICIAL MAP - A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32 et seq. Such map shall be deemed to be conclusive with respect to the location and width of the streets, public parks and playgrounds and public drainageways shown thereon.

OFF-SITE - Located outside the lot lines of the lot in question but within the property, of which the lot is a part, which is the subject of a development application, or within a contiguous portion of a street or right-of-way.

OFF-STREET PARKING SPACE - A temporary storage area for a motor vehicle that is directly accessible to an access aisle, and that is not located on a dedicated street right-of-way.

OFF-TRACT - Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.

ON-SITE - Located on the lot in question.

       

ON-STREET PARKING SPACE - A temporary storage area for a motor vehicle which is located on a dedicated street right-of-way.

ON-TRACT - Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

OPEN SPACE - Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.

PARKING LANE - A lane usually set on the sides of streets, designed to provide on-street parking for vehicular traffic.

       

PARKING SPACE - An area provided for the parking of a motor vehicle.

       

PAVEMENT - See cartway.

       

PERC TEST (PERCOLATION TEST) - A test designed to determine the ability of ground to absorb water, and used in determining the suitability of a soil for drainage or for the use of a septic system.

PERFORMANCE GUARANTEE - Any security, including cash, which may be accepted by the Township to ensure installation of required subdivision and/or site plan improvements; provided that the Township shall not require more than 10% of the total performance guarantee in cash.

PERVIOUS SURFACE - Any material that permits full or partial absorption of stormwater into previously unimproved land.

PLANNED DEVELOPMENT - Planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.

PLANNED DEVELOPMENT OVERLAY DISTRICT (PDOD) - The planned development overlay districts as shown on the Zoning Map, as amended; where planned unit residential development and residential clusters are permitted and where the clustering of development between noncontiguous parcels is authorized. [Added 3-8-2006 by Ord. No. 2006-7]

PLANNED UNIT DEVELOPMENT - An area with a specified minimum contiguous acreage of 10 acres or more, to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas, in such ranges of ratios of nonresidential uses to residential uses as shall be specified in the Chapter 215, Zoning.

PLANNED UNIT RESIDENTIAL DEVELOPMENT - A form of planned development to be developed as a single entity according to a plan containing one or more residential clusters, which may include public or quasi-public uses. [Amended 3-8-2006 by Ord. No. 2006-7]

PLANNING BOARD - The Township Planning Board established pursuant to N.J.S.A. 40:55D-23.

PLAT - A map or maps of a subdivision or site plan.

       

POTABLE WATER SUPPLY - Water suitable for drinking or cooking purposes.

       

PRELIMINARY APPROVAL - The conferral of certain rights pursuant to N.J.S.A. 40:55D-46, 40:55D-48 and 40:55D-49 prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.

PRELIMINARY FLOOR PLANS AND ELEVATIONS - Architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form its scope, scale and relationship to its site and immediate environs.

PRELIMINARY PLAT - The preliminary map indicating the proposed layout of the subdivision which is submitted to the Planning Board for preliminary approval and meeting the requirements of this chapter.

PUBLIC DRAINAGEWAY - The lands reserved or dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground, where practical, and to lessen nonpoint pollution.

PUBLIC OPEN SPACE - An open space area conveyed or otherwise dedicated to the Township, Township agency, Board of Education, state or county agency or other public body for recreational or conservational uses.

PUD - See planned unit development.

       

RATIONAL METHOD - A method of runoff calculation.

       

RESIDENTIAL ACCESS STREET - The lowest order of residential street. Provides frontage for access to private lots, and carries traffic having destination or origin on the street itself. Designed to carry traffic at slowest speed. Traffic volume should not exceed 250 ADT at any point of traffic concentration. The maximum number of housing units should front on this class of street. See also street hierarchy.

RESIDENTIAL CLUSTER - A form of planned residential development to be developed as a single entity according to a plan and containing residential housing units that have a private or public open space area as an appurtenance. [Added 3-8-2006 by Ord. No. 2006-7]

RESIDENTIAL COLLECTOR STREET - The highest order of residential street. Conducts and distributes traffic between lower-order residential streets and higher-order streets, arterials and expressways. Since its function is to promote free traffic flow, access to homes and parking should be prohibited. Collector streets should be designed to prevent use as shortcuts by nonneighborhood traffic. Total traffic volume should not exceed 3,000 ADT. See also street hierarchy.

RESIDENTIAL DENSITY - The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.

RESIDENTIAL SITE IMPROVEMENT STANDARDS (RSIS) - The New Jersey Residential Site Improvement Standards, as amended. [Added 3-8-2006 by Ord. No. 2006-7]

RESIDENTIAL SUBCOLLECTOR STREETS - Middle order of residential streets. Provides frontage for access to lots and carries traffic to and from adjoining residential access streets. Traffic should have origin or destination in the immediate neighborhood. Traffic volume should not exceed 500 ADT at any point of traffic concentration. See also street hierarchy.

RESUBDIVISION -

       

       A. The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or

       B. The alternation of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instruments.

RETAINING WALL - A structure erected between lands of different elevation to protect structures and/or to prevent the washing down or erosion of earth from the upper slope level.

RETENTION BASIN - A pond, pool or basin used for the permanent storage of water runoff.

       

RIGHT-OF-WAY - A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, gas pipeline, water main, sanitary or storm sewer main, shade trees or for another special use.

RURAL PLANNING DISTRICTS - Five delineated areas of the municipality identified by differing characteristics such as preserved farmland, environmental constraints, transportation routes and/or historic settlement patterns that give each area a distinct identifiable character and which separate the municipality into traditionally accepted communities. [Added 3-8-2006 by Ord. No. 2006-7]

SCS - The Soil Conservation Service.

       

SEDIMENTATION - The deposit of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.

SEPTIC SYSTEM - An underground system with a septic tank used for the decomposition of domestic wastes.

SEPTIC TANK - A watertight receptacle that receives the discharge of sewage.

       

SETBACK - The distance between the street right-of-way line and the front line of a building, or any projection thereof, excluding uncovered steps.

SHOULDER - The graded part of the right-of-way that lies between the edge of the main pavement (main traveled way) and the curbline.

       

SIDEWALK - A paved path provided for pedestrian use and usually located at the side of a road within the right-of-way.

SIGHT TRIANGLE - A triangular shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

SITE PLAN - A development plan of one or more lots of which is shown:

       

       A. The existing or proposed conditions of the lot, including, but not necessarily limited to, the topography, vegetation, drainage, floodplains, marshes and waterways.

       B. The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices.

       C. Any other information that may reasonably be required in order to make an informed determination pursuant to Chapter 164, Site Plan Review, review and approval of site plans by the Planning Board, adopted pursuant to N.J.S.A. 40:55D-12.

SKETCH PLAT - The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of § 185-18.

STORM SEWER - Any pipe conduit used to collect and carry away stormwater runoff from the generating source to detention/retention facilities or receiving streams.

STORMWATER DETENTION - A provision for storage of stormwater runoff and the controlled release of such runoff during and after a flood or storm.

STORMWATER RETENTION - A provision for storage of stormwater runoff.

       

STREET -

       

       A. Any street, avenue, boulevard, road, land, parkway, viaduct, drive or other way:

       (1) Which is an existing state, county or municipal roadway; or

       (2) Which is shown upon a plat heretofore approved pursuant to law; or

       (3) Which is approved by official action; 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

       

       B. Includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines. For the purpose 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 traffic.

ALLEYS - Minor ways which are used primarily for vehicular service access to the back or side of properties otherwise abutting a street.

STREET HIERARCHY - The conceptual arrangement of streets based upon function. A hierarchical approach to street design classifies streets according to function, from high traffic arterial roads down to streets whose function is residential access. Systematizing street design into a road hierarchy promotes safety, efficient land use and residential quality.

STREET, LOOP - A street that has its only ingress and egress at two points on the same subcollector or collector street.

STUB STREET - A portion of a street for which an extension has been proposed and approved. May be permitted when development is phased over a period of time, but only if the street in its entirety has been approved in the preliminary plan.

SUBDIVISION -

       

       A. The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions if no new streets are created:

       (1) Divisions of land found by the Planning Board to be for agricultural purposes where all resulting parcels are five acres or larger in size.

       (2) Divisions of property by testamentary or intestate provisions.

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

       (4) Consolidation of existing lots by deed or other recorded instrument.

       (5) The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the Township development regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map.

       B. The term subdivision shall also include the term resubdivision.

SUBGRADE - The natural ground lying beneath a road.

       

TRIP - A single or one-way vehicle movement to or from a property or study area. Trips can be added together to calculate the total number of vehicles expected to enter and leave a specific land use or site over a designated period of time.

ULI - The Urban Land Institute.

       

USCGS (ALSO USC&G AND USC&GS) - The United States Coast and Geodetic Survey.

       

VARIANCE - Permission to depart from the literal requirements of the zoning ordinance, pursuant to Subsection b of N.J.S.A. 40:55D-40 and Subsections c and d of N.J.S.A. 40:55D-70.

ACCESSORY APARTMENT - An accessory apartment is a self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance which is created to be occupied by a low- or moderate-income household. The accessory apartment may be created within an existing dwelling unit, may be created within an existing structure on the lot or be an addition to an existing home or accessory building as permitted within a residential zoning district. [Added 2-21-2004 by Ord. No. 2004-4; amended 11-10-2004 by Ord. No. 2004-21]

ACCESSORY BUILDING - A nonagricultural building or structure which is customarily associated with and is subordinate and incidental to the principal building which is located on the same lot, including, but not limited to, garages, carports, decks, pet shelters, sheds, retaining walls, swimming pools and gazebos. [Added 11-13-2001 by Ord. No. 2001-7]

ACCESSORY RESIDENTIAL USE - A use customarily carried on within a dwelling by the inhabitants thereof, which use is incidental and subordinate to the residential use. Accessory residential uses shall not be interpreted to include the following: barber and beauty shops, barber and beauty schools, tea rooms, convalescent homes, stables, kennels or repair of internal combustion engines. Accessory residential uses shall be limited as follows:

       A. Professional office of one physician, dentist, lawyer, architect, engineer, musician, artist, teacher, accountant, registered nurse or other similar professional person in a residential building, subject to the following special requirements in addition to all other applicable requirements of this chapter for the residential district in which such uses are located.

       B. Customary home occupations such as millinery and dressmaking subject to the following special requirements.

       C. A workshop other than a public garage or automobile repair shop.

       D. Professional, customary home occupations and workshops shall be subject to the following standards:

       (1) Three off-street parking spaces in addition to those otherwise required in this chapter.

       (2) No more than two persons shall be employed to provide secretarial, clerical, technical or similar assistance.

       (3) The area used for the above uses shall occupy no more than 25% of the total floor area.

       (4) No storage of materials or products outside the dwelling unit shall be permitted unless completely housed.

       (5) The use shall be clearly incidental to the residential use of the dwelling unit and shall not change the essential residential character of the dwelling.

       (6) No external alterations inconsistent with the residential use of the dwelling unit shall be permitted.

       

       (7) No display of products shall be visible from outside the building.

       E. Business signs consistent with the sign regulations.

       F. Such business shall be operated by the residential owner or a member of the family provided they are occupants of the dwelling.

ACCESSORY USE OR ACCESSORY - A use conducted on the same lot as a principal use to which it is related and located either within the same structure or in an accessory structure or as an accessory use of land, except that off-street parking need not be located on the same lot. It is a use which is clearly incidental to and customarily found in connection with a principal use.

ADMINISTRATIVE ACTIVITIES - Any business function in which there is not regular contact with the general public and no materials, products, goods or prepared foods are stored except for office consumption.

ADVERTISING SIGN - See sign and billboard.

       

ALLEY - A minor way, which may or may not be legally dedicated, and is used primarily for vehicular service access to the rear or side of properties abutting on a street.

ALTERATIONS - Alterations include, but are not limited to, the following:

       

       A. All incidental changes or replacement in the nonstructural parts of a building or other structure.

       B. Minor changes or replacement in the structural parts of a building or other structure, limited to the following examples and others of similar character or extent:

       (1) Alteration of interior partitions to improve livability in nonconforming residential buildings, provided no additional dwelling units are created thereby.

       (2) Alteration of interior partitions in all other types of building or other structures.

       (3) Making windows or doors in exterior walls.

       (4) Strengthening the load-bearing capacity in not more than 10% of the total floor area to permit the accommodation of a specialized unit of machinery or equipment.

ANTENNAS, CELLULAR - 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.

APARTMENT - See dwelling, multiple.

APARTMENT HOUSE - A detached building containing three or more separate attached dwelling units with common or separate entranceways, yard areas and common facilities, where one or more units is physically on top of other units or adjoined side by side. Each apartment house or group of apartment houses shall be erected and maintained in single and separate ownership or by a condominium as provided for from time to time by state law.

AREA OF BUILDING - See lot coverage.

       

AUTOMOBILE LAUNDRY OR CAR-WASHING FACILITY - A structure used for the purpose of cleaning or reconditioning the exterior and interior surfaces of automotive vehicles, but not including an incidental one-bay washing facility in a gasoline service station where washing facilities are purely incidental to the operation of such service station. A self-operated vehicular laundering facility not requiring attendants or employees, regardless of capacity, is also considered to be an automobile laundry.

AUTOMOBILE SALES BUILDING - A building used for the sale of, hire of or remuneration from automotive and other vehicles and equipment. This shall be interpreted to include auto accessory sales rooms but not the sale of junked vehicles and equipment.

AUTOMOTIVE AND/OR TRAILER SALES AREA - An open area, other than a public or private street or way, used for the display of sale of new and used vehicles, trailers, trucks or farm equipment and where no repair work is done except that which is minor and incidental, not including body and fender work.

AUTOMOTIVE GARAGE - Any premises used for the repair or servicing of vehicles, but not including automotive wrecking.

AVERAGE GROSS RESIDENTIAL DENSITY - The number of dwelling units per acre computed by dividing the number of dwelling units which the applicant proposes to construct by the number of acres in the development excluding acreage devoted to commercial use.

BILLBOARD - A sign other than one indicating a business conducted on the premises, and a sign upon which advertising matter of any character is printed, posted or lettered by any means and is designed for such purposes. A billboard may be either freestanding or attached to a surface of a building or other structure.

BLOCK - A tract of land that may be bounded by:

       

       A. Streets.

       B. Public parks.

       C. Railroad right-of-way, excluding siding and spurs.

       D. Corporate boundary lines of the Township.

BUILDING AREA - The area of a horizontal section of building.

       

BUILDING HEIGHT - See height of building.

       

BUILDING LENGTH - The horizontal measurement of any continuous building wall.

       

BUILDING SETBACK LINE - An established line within a property defining the minimum required distance between the face of any structure to be erected and the adjacent right-of-way street line. This face, as measured to the major portion of the structure, includes sun parlors, foyers, bay windows, porches, projections, eaves, dormers, gutters, steps and any other solid projection and solid entrances. When landscape or other buffers are required by this chapter or any other Township ordinance or regulation, the building setback line is to be measured from the buffer line and not the street right-of-way line.

BULK - The term used to describe the size of buildings or other structures and their relationship to each other, to open areas such as yards and to lot lines, and includes the size, height and floor area of building or other structure; and all open areas in yard space relating to buildings and other structures.

CELLAR - See basement.

       

CELLULAR ANTENNAS - See antennas, cellular.

       

CEMETERY - Land used or intended to be used for the burial of the deceased, including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with the cemetery and within the boundaries.

CENTER LINE OF STREET - See street center line.

       

CERTIFICATE OF OCCUPANCY - A statement signed by the construction official, setting forth that a building or structure or swimming pool does comply with this chapter or that a building, structure or parcel of land may lawfully be used for specified uses, or both.

CHANNEL - The bed and banks of streams and waterways in the Township which convey the normal flow of the stream that occurs most of the time.

CHURCH - A building used for public worship by a congregation, excluding buildings used exclusively for residential, education, burial, recreational or other uses not normally associated with worship.

CHURCH OR HOUSE OF WORSHIP - Buildings designed or intended for public worship or religious education. [Added 11-13-2001 by Ord. No. 2001-7]

CLUB - An organization operated for social or fraternal purposes.

       

CORNER LOT - See lot, corner.

       

COUNTRY CLUB - A club which may include a golf course containing not less than 60 acres for each nine holes of golf and/or associated recreational facilities.

COVERAGE - See lot coverage.

       

CRITICAL LANDS - Lands with slopes having a gradient of greater than 15%, seasonal high water table of zero to two-feet as delineated by the Burlington County Soil Survey, wetlands and their associated transition areas as determined and/or verified by the New Jersey Department of Environmental Protection, floodplains and streams, including C-1 Category Streams, with their associated buffers as mapped by the NJ Department of Environmental Protection. [Added 3-8-2006 by Ord. No. 2006-5]

CUL-DE-SAC - A street with access closed at one end and with a vehicular turnaround at the closed end.

CURB LEVEL - The elevation of the top of the curb or the established curb grade opposite the center of the building or portion thereof under consideration. Where the building does not adjoin the street the average elevation of the proposed grade line of the ground immediately adjacent to the buildings as shown on the building plans shall be considered as the curb level.

CURBLINE - The line of the curb as presently existing or as may hereafter be established by the Township Council.

DENSITY - The number of dwelling units permitted in a development expressed as units per acre.

DETACHED HOUSE - One which has yard areas on all sides and does not share a common wall with an adjacent residence.

DISTRICT - Zoning district established by this chapter.

       

DRIVEWAY - The vehicular entrance and exit for a land use.

       

DWELLING - A dwelling unit consists of one or more rooms for living purposes, together with separate cooking and sanitary facilities, and is accessible from the outdoors either directly or through an entrance hall shared with other dwelling units, and is used or intended to be used by one or more persons living together and maintaining a common household.

SINGLE-FAMILY DETACHED DWELLING -- A building designed for and occupied exclusively as residence for only one family and having no party wall in common with an adjacent building.

TWO-FAMILY DETACHED DWELLING OR DUPLEX --

       (1) A building designed for and occupied exclusively as a residence for two families, with one family living wholly or partly over the other, and having no party wall in common with an adjacent dwelling. The above will be known as a duplex.

       (2) A building designed for and occupied exclusively as a residence for only one family; applied to one of two houses which are detached from other buildings and joined together by a single party wall. The above will be known as a twin or two-family detached dwelling.

SEMIDETACHED TWO-FAMILY HOUSE -- A structure containing separate residences for two independent households connected only by a single party wall and where each house shall sit on a separate subdividable lot.

MULTIPLE DWELLING -- A building designed for three or more dwelling units.

       

TOWNHOUSE -- A building that has not less than three or more than eight one-family dwelling units erected in a row as a single building on adjoining lots, each being separate from the adjoining unit or units by an approved masonry, party or partition wall or walls, thus creating distinct and noncommunicating dwelling units, such units intended for separate ownership or rental. This definition shall also include such terms as rowhouse, patio house, court dwelling, maisonette, etc.

EASEMENT - A right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose, and within which the owner of the property shall not erect any permanent structures.

EMPLOYEES OR NUMBER OF EMPLOYEES - The greatest number of persons to be employed in the building in question during any season of the year, and any time of the day or night.

ENLARGEMENT - An addition to the floor area of an existing building, an increase in size or addition to another structure or an increase in that portion of a tract of land occupied by an existing use.

FAMILY - One or more persons occupying a dwelling unit as a single nonprofit housekeeping unit, who are living together as a bona fide, stable and committed living unit, being a traditional family unit or the functional equivalent thereof, exhibiting the generic character of a traditional family. [Amended 7-14-2004 by Ord. No. 2004-13]

FARM - A plot or parcel of land having an area of not less than six acres annually used for agricultural purposes.

FARM BUILDING - Any building needed for storing agricultural equipment or farm produce, housing livestock or poultry or processing agricultural products. The term farm building shall not include a dwelling.

       

FLAG LOT - A lot with significantly reduced frontage on a public street, a relatively long access strip and an enlarged, buildable area, generally located at the rear of the lot at the end of the access strip. Lots fitting this description with access easements in lieu of road frontage also qualify as flag lots. [Added 6-11-2003 by Ord. No. 2003-10]

FLOOR AREA RATIO (FAR) - The sum of the area of all floors of buildings or structures compared to the total area of the site. The gross floor area as defined in this section shall be used in the calculation of the floor area ratio. [Added 3-8-2006 by Ord. No. 2006-5]

FRONT YARD - See yard, front.

       

FRONT YARD LINE - See yard line, front.

       

GARAGE - Any structure having four sides and a roof and in at least one of the sides of which is an aperture or opening through which a vehicle may enter and leave and that may be closed by means of a door or doors, overhead or otherwise, and being intended for the storing or sheltering of vehicles.

GARAGE, PRIVATE - A garage in which no business, service or industry is carried on and which is designed to contain not more than four motor vehicles nor house trucks of the 6,000 pound weight class.

GARAGE, PUBLIC - Any garage not included within the definition of a private garage.

       

GARDEN APARTMENTS - A group of multifamily dwellings, architecturally designed with some of the units placed on top of other units, up to three stories in height, designed for rental or sale of the individual units, having common open spaces, and designed in accordance with the special requirements for such dwellings as set forth in this chapter.

GASOLINE SERVICE STATION - An area of land, together with any structure thereon used for the retail of motor fuel and lubricants and incidental services, such as lubrication and hand washing of motor vehicles, or the sale, installation or minor repair of tires, batteries or other automobile accessories.

GENERAL DEVELOPMENT PLAN - A comprehensive plan for the development of a planned development pursuant to N.J.S.A. 40:55D-45.2. [Added 3-5-2003 by Ord. No. 2003-3]

GOLF COURSE - An open area and its necessary buildings, used for the playing of golf, not including a driving range, miniature course, or eating facilities in a separate building operated for additional profit.

GOODS - A finished product.

       

GRADE LEVEL - The mean elevation of the finished grade where such grade abuts a building.

GRAYWATER SEPTIC SYSTEM - A septic system devoted to treating effluent from residential clothes washers only and designed in accord with N.J.A.C. 7:9A-7.5. [Added 3-8-2006 by Ord. No. 2006-5]

GROSS LEASABLE AREA - The total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, if any, expressed in square feet measured from center lines of joint partitions and exteriors of outside walls.

HALF STORY - A story under a gabled, hipped or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet nor less than one foot above the finished floor of such story.

HEIGHT OF BUILDING - The vertical distance measured from the average elevation of the proposed finished grades at the front of the building to the highest point of the roof for flat roofs; to the deck line of mansard roofs, and to the main height between eaves and ridge for gable, hip and gambrel roofs; provided that chimneys, spires, towers, mechanical penthouses, tanks and similar projections of the buildings not intended for the human occupancy shall not be included in calculating the height. If there are two or more separate roofs on a single building, the height of such building shall be calculated from the highest roof.

HEIGHT OF SIGN - The vertical distance measured from ground level to the highest point on the sign, or its supporting structure.

HIGHWAY ACCESS POINTS - The distance between any vehicular entrance or exit to a street and the next adjoining vehicular entrance or exit on the same street.

HOME OCCUPATION - A business conducted in or from a single-family, nonfarm, detached dwelling and/or a permitted accessory building or structure, which is clearly subordinate and ancillary to the principal single-family residential use of the property and which business meets the requirements for home occupations as set forth for each district in which they are permitted. [Added 11-13-2001 by Ord. No. 2001-7; amended 7-14-2004 by Ord. No. 2004-13]

HOME OFFICE - The use of a portion of a single-family detached dwelling as an office area for use only by a member or members of the household residing on the premises and subject to the requirements for home offices as set forth for each district in which they are permitted. [Added 11-13-2001 by Ord. No. 2001-7; amended 7-14-2004 by Ord. No. 2004-13]

HOSPITAL - A public institution providing public health services primarily for inpatient medical or surgical care of the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central service facilities and staff offices which are an integral part of the facility.

HOSPITAL, VETERINARY - A structure designed or converted for the care and treatment of sick or wounded domestic animals, provided each hospital is on one acre or more of land.

       

HOTEL - A building having six or more rental rooms, without individual cooking facilities, for transient guests.

IMPROVED OPEN SPACE - That portion of a lot excluding areas set aside or used for building, parking, loading and street. Such area to be devoted to recreational uses, and/or play areas with appropriate recreational equipment, park furniture and landscape plantings.

IMPROVEMENTS - Any man-made, immovable item which becomes part of, placed upon or is affixed to real estate.

INSTITUTION - A building and land use partially for the human habitation of more than two unrelated persons who occupy the facility for a common purpose other than housekeeping.

INSTITUTIONAL BUSINESS OR TRADE SCHOOLS - A duly organized school giving instruction in business or vocational trade subjects.

JUNK - Any worn-out, cast-off or discarded article, part of an article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use.

JUNKYARD - The use of any area, whether inside or outside a building, for the storage, keeping or abandonment of junk, including but not limited to, for the purpose of this chapter, the storage, keeping or abandonment of automobiles and motor vehicles and all related activities, and including, but not limited to, activities commonly known as junkyards, salvage yards, automobile graveyards, automobile junkyards, automobile assembly yards, automobile wrecking yards and material waste handling; and including, but not limited to, the conducting and operating of the business of selling, buying, storing or trading in used or discarded materials, lumber, glass, paper, cordage or any used or disabled fixtures, vehicles or equipment of any kind.

KENNEL, COMMERCIAL - The keeping of more than three small animals that are more than six months old for breeding, sale or boarding. Such commercial kennels shall be permitted only in the CC Community Commercial District on lots of not less than one acre.

KENNEL, HOBBY - The keeping of small animals for breeding and show purposes. Such uses shall be allowed only in the AR-3 Zone and in areas used for farming. However, hobby kennels shall not be included as part of normal farm operations. The minimum lot size for hobby kennels shall be one acre. If any home contains more than five cats and dogs in any combination, it shall be classified as a commercial kennel and shall be located only in the permitted district.

LANDOWNERS - The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if (s)he is authorized under the lease to exercise the rights of the landowner or other persons having a proprietary interest in land shall be deemed to be a landowner for the purpose of this chapter.

LANDSCAPE SCREEN - A completely planted visual barrier that complies with all of the standards and requirements set forth in Chapter 164, Site Plan Review.

LOADING SPACE - Paved accommodation off the street for loading of trucks, in the form of one or more truck berths located either within a building or on the same lot. The area of each berth shall be not less than 600 square feet, and it shall have a minimum clear height, including access to it from the street, of 14 feet.

LOT, CORNER - A lot abutting upon two or more streets at their intersection. The owner, when first applying for a building permit, shall designate which of the two streets is to be the principal frontage for the purpose of establishing the front, rear and side yard requirements of the lot.

LOT COVERAGE - The aggregate of the maximum horizontal cross-section areas of all buildings on a lot, including sun parlors, foyers, porches, breezeways, projecting eaves, gutters, awnings steps, patios, decks, driveways, parking lots, sidewalks, and any other type of man-made impervious ground cover.

LOT DEPTH - The mean horizontal distance between the front or street lot line and the rear lot line.

LOT, INTERIOR - A lot, the side lines of which do not abut a street.

       

LOT LINE, FRONT - The line separating the lot from the street line.

       

LOT LINE, REAR - Any lot line, except a front lot line, which is parallel to, or within 45 of being parallel to, and does not intersect any street line. In the case of a corner lot, the owner or developer may show a different designation. See also corner lot.

LOT LINE, SIDE - Any lot line which is not a front lot line or a rear lot line. In the case of a corner lot, the owner or developer may make a different designation. See also corner lot.

LOT, THROUGH - An interior lot having frontage on two streets or one street and an alley, but not satisfying the criteria of a corner lot.

LOT WIDTH - 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. [Added 3-5-2003 by Ord. No. 2003-3]

MANUFACTURED HOME - See mobile home.

       

MARQUEE - A combination sign board and protective covering from the elements supported solely by the building to which it is attached.

MEDICAL CLINIC - A building constructed as a professional building for the offices of three or more medical practitioners.

MIXED OCCUPANCY - Occupancy of a building or land for more than one use.

       

MOBILE HOME - A structure, transportable in one or more sections, which is eight body feet or more in width and is 32 or more body feet in length and which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. Such units are prohibited in all districts in the Township.

MODULAR UNIT - A factory-fabricated transportable building designed to be used by itself or to be incorporated with similar units at a building site into a modular structure. The term is intended to apply to major assemblies and does not include prefabricated panels, trusses, plumbing trees, and other prefabricated subelements which are to be incorporated into a structure at the site. The unit shall be fixed to a permanent foundation wherein such foundation and unit meets the requirements of the Uniform Construction Code.

MOTEL-HOTEL - A building, or a group of buildings, having units containing sleeping accommodations which are available for a temporary, rental occupancy by transients and providing sufficient off-street parking facilities adjacent or convenient thereto. A tourist home containing provisions or facilities for accommodation of more than two transient occupants not normally quartered on the premises shall be considered as a motel-hotel facility under the provisions of this chapter.

MULTIPLE-FAMILY DWELLING - See dwelling, multiple.

       

NONCONFORMING LOT - A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING STRUCTURE - A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

NONCONFORMING USE - A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

NURSING OR CONVALESCENT HOME, SANITORIUM - A facility providing nursing services on a continuing basis and which admits the majority of the occupants upon advice of physicians as ill or infirm persons requiring nursing services and provides for physicians services or supervision and maintains medical records, including also provisions for other similar medical or nursing services. Care for the acutely ill, or surgical or obstetrical services, shall not be considered similar services under this definition, nor shall hospitals be construed to be included in this definition.

OFF-STREET PARKING FACILITY - A parking area for the parking of passenger vehicles of the occupants, employees, visitors and patrons of specified types of building.

OUTSIDE FARMERS MARKET - A site where space inside or outside a building is rented to vendors on a short-term basis for the sale of merchandise. The principal sales shall include new or used household goods, personal effects, tools, artwork, small household appliances and similar merchandise, objects or equipment in small quantities. The term shall include personal service, food and auction establishments. [Added 10-2-2002 by Ord. No. 2002-5]

PARKING AREA - An open, off-street land area, including parking spaces and access and egress drives or aisles, used or required by this chapter for parking of automobiles or other vehicles exclusively, and in which no gasoline or automobile accessories are sold and no other business is conducted.

PARKING SPACE - Accommodation for the parking of a motor vehicle on a lot provided for restricted use in connection with a particular business or private enterprise, or as an adjunct to a housing development or private residence, whether operated for gain or not, whether cooperatively established and operated or not. Such parking spaces may consist of parking lots, private garages or other structures and accessories. The net area of such parking berth, exclusive of access or maneuvering area, shall be not less than 171 square feet measuring nine feet by 19 feet and must be a paved surface.

PAVED AREA - A portion of land paved with a weatherproof surface for parking space, driveways or streets. In the computation of such, that area covered by buildings shall be excluded.

PORCH - A roofed, open structure projecting from the front, side or rear wall of a building having no enclosed features of glass, wood or other material more than 30 inches above the floor thereof, except the necessary columns to support the roof.

PRESCHOOL, NURSERY OR DAY CARE CENTER - A school which provides daytime care and instruction of two or more children from two to six years of age inclusive, and operates on a regular or seasonal basis.

PROPERTY - A lot or plot with or without buildings or other improvements located thereon.

       

REAR YARD - See yard, rear.

       

REAR YARD LINE - See yard line, rear.

       

RECREATIONAL AREA - A private or public space including essential buildings and structures used for play and recreational space for individuals.

RESIDENTIAL FLAT - A residential flat is a self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance which is created to be occupied by a low- or moderate-income household. The residential flat may be created within the 1.5 stories above permitted commercial or office uses located on the first floor. [Added 2-21-2004 by Ord. No. 2004-4; amended 11-10-2004 by Ord. No. 2004-21]

RESTAURANT - A public eating facility where patrons are first seated at tables, booths or counters, then order food from waiters or waitresses, which is then served to them at their tables booths or counters by such waiters or waitresses. The term restaurant does not include drive-in, drive-through or fast-food restaurants as defined herein. Except that a restaurant may have a take-out window as an auxiliary service of the overall operation. [Amended 11-13-2001 by Ord. No. 2001-7]

RESTAURANT, DRIVE-IN AND/OR DRIVE-THROUGH - An establishment where patrons are served soft drinks, ice cream and other food products for consumption outside the confines of the principal building or in automobiles parked on the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for the patrons. [Added 11-13-2001 by Ord. No. 2001-7]

RESTAURANT, FAST-FOOD - A restaurant, including drive-in and drive-through restaurants, which may or may not have tables, which is essentially designed to dispense quick, ready-made food of limited variety and at which the patron obtains food directly from the dispensing counter or take-out window for consumption on or off the premises. [Added 11-13-2001 by Ord. No. 2001-7]

RETAIL SALES - Any sales of goods and services to the general public as distinguished from wholesale sales.

REZONING - The amendment or other alteration to any development regulation in existence within the Township through the legislative act of the Township Council by ordinance, resolution or motion, as those terms are defined by N.J.S.A. 40:49-1, and which are proposed by the Township Council, other agencies or boards of the Township, residents of the Township or other persons or entities having an interest in the development of land within the Township, and which is proposed or initiated for consideration during the time periods between the date reports are issued by the Planning Board in its periodic reexamination of the Master Plan, as required by N.J.S.A. 40:55D-89. This term shall not include any amendment or other alteration to any development regulation which is recommended in the periodic report required by N.J.S.A. 40:55D-89, the Council finding that those amendments or alteration would be developed from a comprehensive review of the Master Plan and therefore should be free from the procedures set forth for rezoning set forth in this chapter.

REZONING APPLICATION - The application for rezoning.

       

RIGHT-OF-WAY - See street line.

       

RURAL PLANNING DISTRICT - Lands designated on the Zoning Map for establishing development potential to transfer to Planned Development Overlay Districts. [Added 3-8-2006 by Ord. No. 2006-5]

SCHOOL, PRIVATE - A duly organized school, other than a public school, giving regular instruction in subjects ordinarily taught in the public schools, and not under the jurisdiction of the school district.

SECTION - A geographical area or tract which is part of a proposed development, which will be developed according to a timetable for development over a period of years, included by the applicant in the development plan.

SEMIDETACHED TWO-FAMILY HOUSE - See dwelling, semidetached two-family house.

SETBACK - See building setback line.

       

SHED - An accessory structure no larger than 200 square feet and 15 feet in height designed and used for the storage of the property owners lawn and garden tools, equipment, furnishings and the like. [Added 11-13-2001 by Ord. No. 2001-7]

SIDE YARD - See yard, side.

       

SIDE YARD LINE - See yard line, side.

       

SIGN - Any conspicuous notice designed to identify, inform, guide or advertise, and shall include every sign, billboard, ground sign, roof sign, illuminated sign, wall sign, projecting sign, temporary sign, pylon or pole sign, marquee and every awning, canopy or street clock which includes any announcement, declaration, demonstration, display illustration or insignia used to identify or promote the interests of any person, whether the same is placed indoors or out of doors, in such a manner that it is in view of the general public.

SIGN, ADVERTISING - A sign which offers services or goods produced or available somewhere other than on the lot on which the sign is located. The words advertising sign include the word billboard. Neither directional, warning nor other signs posted by officials in the course of their public duties shall be construed as advertising signs.

SIGN, BUSINESS - A sign which offers services or goods available on the lot on which the sign is located.

SIGN, TEMPORARY - A sign which offers premises for sale, rent or development, or advertises the services of professionals or building trades during construction or alteration of the premises upon which the sign is located.

STREET - Includes a street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.

STREET CENTER LINE - A line, usually at an equal distance from both street lines, curblines or right-of-way lines.

STREET LINES - The lines upon which the width of the abutting street is established; i.e., the property line and not the curbline.

STRUCTURAL ALTERATIONS - Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls.

STRUCTURE - Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

SWIMMING CLUB - A club, maintaining and operating a swimming pool and apparatus and equipment pertaining to the swimming pool, with or without specified limitations upon the number of members, for the exclusive use of members and their guests.

SWIMMING POOL, PRIVATE - A swimming pool and the apparatus and equipment pertaining to the swimming pool maintained by an individual for the sole use of his/her household and guests without charge for admission and not for the purpose of profit or in connection with any business operated for profit, located on a lot as an accessory use to a residence.

TESTING - A function involved in the examination of the qualities, performances or capabilities of a product, goods or material.

TRAILER - Any unit used or intended to be used for living, sleeping or business purposes by one or more persons, which was originally equipped with wheels or similar devices used for the purpose of transporting such unit from place to place, whether it was self-propelled or otherwise, whether or not the wheels or similar devices have been removed, and whether or not it is placed upon a masonry or other substantial foundation. Trailers, as defined herein, do not include self-propelled motor vehicles registered with the State of New Jersey Division of Motor Vehicles and commonly known as recreational vehicles, nor does this term include recreational vehicles registered with the Division of Motor Vehicles which are drawn by another motor vehicle and joined by means of a coupling device.

UNDERTAKING ESTABLISHMENT - A licensed mortician concerned with the arrangement of cremation or burial of the dead and the overseeing of burials.

USE - Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained or occupied, or any activity, occupation, business or operation carried on in a building or other structure on a tract of land.

USED CAR LOT - An area used for the storage and display of used automobiles advertised for sale, including motorcycles, trucks and any other motorized vehicle.

USE, PRINCIPAL - The main or primary purpose or purposes for which land, a structure, building and/or a sign, or use therefor, is designed, arranged or intended or for which they may be occupied or maintained under the provisions of this chapter. All other structures, buildings, signs or uses on the same lot and incidental or supplementary thereto and permitted under the provisions of this chapter shall be considered accessory uses.

YARD - An open space extending between the closest point of any building and a lot line or street line. All yard dimensions shall be measured horizontally and at right angles to either a straight street line, lot line or building facade or perpendicular to the point of tangent of curved lines and facades.

YARD, FRONT - The open space extending across the full width of a lot between the street line and the building.

YARD, REAR - The open space extending across the full width of the lot between the rear lot line and the building.

YARD, REAR, FOR IRREGULAR LOTS - Where the above definition for rear yards cannot be used because the lot is irregularly shaped, the following method shall apply. The required rear yard shall be measured by extending the line of the side exterior walls and/or offsets in exterior walls of the structure until such wall lines meet the minimum rear yard requirement. The section of open space thus created shall be designated as the rear yard.

YARDS FOR CORNER LOTS - On corner lots, both yards bordering the streets shall be considered as street setbacks. Such street setbacks shall be measured from the ultimate right-of-way line set forth on the official tax map of the Township, or from the public right-of-way, whichever is in effect.

YARD, SIDE - The open space extending the full length of the side lot lines.

       

ZERO LOT LINE HOUSE - A detached single-family house situated so that a side wall of the house is located along the side property line of the lot, so that such a lot contains only one side yard. No window openings shall be permitted within the side wall located on the property line.

ZONE - Zoning district established by this chapter.

APPEAL - A request for a review of the Construction Code Officials interpretation of any provision of this article or a request for a variance.

AREA OF SHALLOW FLOODING - A designated AO, AH, or VO zone on the Townships Flood Insurance Rate Map [FIRM] with a one-percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow maybe evident. Such flooding is characterized by ponding or sheet flow.

AREA OF SPECIAL FLOOD HAZARD - The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.

BASE FLOOD - The flood having a one-percent chance of being equaled or exceeded in any given year.

BASEMENT - Any area of the building having its floor subgrade (below ground level) on all sides.

BREAKAWAY WALL - A wall that is 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.

DEVELOPMENT - 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, including storage of equipment or materials located within the area of special flood hazard.

ELEVATED BUILDING - A nonbasement building (i) built in the case of a building in an area of special flood hazard to have the top of the elevated floor or in the case of a building in a coastal high hazard area to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the ground level by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water, and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In an area of special flood hazard, elevated building also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.

FLOOD INSURANCE RATE MAP (FIRM) - 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 (FIS) - 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 - A general and temporary condition of partial or complete inundation of normally dry land areas from:

       A. The overflow of inland or tidal waters; and/or

       B. The unusual and rapid accumulation or runoff of surface waters from any source.

FLOODPLAIN MANAGEMENT REGULATIONS - Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

FLOODWAY - The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.

HISTORIC STRUCTURE - Any structure that is:

       

       A. Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

       B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district preliminarily determined by the Secretary to qualify as a registered historic district;

       C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

       D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

       (1) By an approved state program as determined by the Secretary of the Interior; or

       (2) Directly by the Secretary of the Interior in states without approved programs.

LOWEST FLOOR - The lowest floor of the lowest enclosed area including basement. An unfinished or flood resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a buildings lowest floor provided that such enclosure is not built so to render the structure in violation of other applicable nonelevation design requirements.

NEW CONSTRUCTION - Structures for which the start of construction commenced on or after the effective date of a floodplain regulation adopted by a community and includes any subsequent improvements to such structures.

RECREATIONAL VEHICLE - A vehicle which is:

       

       A. Built on a single chassis;

       B. Four hundred square feet or less when measured at the longest horizontal projections;

       C. Designed to be self-propelled or permanently towable by a light-duty truck; and

       D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

START OF CONSTRUCTION - (For other than new construction or substantial improvements under the Coastal Barrier Resources Act) includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 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 clearing, grading and filling nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings or 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. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE - A walled and roofed building, or a gas or liquid storage tank, that is principally above ground.

SUBSTANTIAL DAMAGE - Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT - Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

       A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or

       B. Any alteration of a historic structure, provided that the alteration will not preclude the structures continued designation as a historic structure.

VARIANCE - A grant of relief from the requirements of this article which permits construction in a manner that would otherwise be prohibited by this article.

COMMERCIAL AGRICULTURE - The production, principally for sale to others, of plants and animals or their products, including, but not limited to, forage and sod crops; grain and feed crops; dairy animals and dairy products; livestock, including beef cattle, poultry, sheep, swine, horses, ponies, mules and goats; the breeding and grazing of such animals; bees and apiary products; fruits of all kinds, including grapes, nuts and berries; vegetables; and nursery, floral, ornamental and greenhouse products.

FARM - An area of land of single or multiple contiguous or noncontiguous parcels which is actively devoted to agricultural or horticultural use, including, but not limited to, cropland, pasture, idle or fallow land, woodland, wetlands, farm ponds, farm roads and certain farm buildings and other enclosures related to agricultural pursuits.

HOME AGRICULTURE - The production principally for home use or consumption of plants, animals or their products and for sale to others where such sales are incidental, including, but not limited to, gardening, fruit production and poultry and livestock products for household use only.

BACK-TO-BACK SIGN - A single structure having two parallel and directly opposite faces, oriented in opposite directions and spaced no more than 10 feet apart.

CURB LEVEL - The average height of that part of the curb directly in front of the area in question.

CURBLINE - An imaginary vertical plane which begins at the curb and extends directly upwards.

DIRECTIONAL SIGNS - Official signs and notices, public utility signs, service club and religious notices, limited to those containing directional information about public places owned or operated by federal, state and local governments or their agencies, publicly or privately owned natural phenomena, historic, cultural, scientific, education and religious sites, and areas of natural scenic beauty or naturally suited for outdoor recreation. Directional signs shall not exceed 10 square feet in area.

ERECT - To construct, build, assemble, place, affix, attach, create, paint, draw or in any other way bring into being or establish. It shall not include any of the foregoing activities when performed as an incident to the change of advertising message or customary maintenance and repair of a sign structure. Customary maintenance and repair shall not include major physical changes, such as increasing in size or height, or addition of or change in lighting.

ESTABLISHED BUSINESS - Any person who conducts a business separate and distinct from that conducted by any other such entity on the same lot or in the same building.

FREESTANDING SIGN - All signs not attached to any building and held erect by supports whose major purpose is to support such sign.

FRONT - That which faces a public street or highway.

       

HIGHWAY, ROAD OR STREET - A public right-of-way improved primarily for vehicles. Unimproved rights-of-way, private roads and drives are not to be regarded as highways, roads or streets.

IDENTIFICATION SIGN - Any structure or part thereof or device attached thereto or painted or represented thereon, which displays any letter, symbol, trademark, word or similar device used to identify the product made or the activity being pursued by any individual, business, service, commercial or industrial enterprise which is displayed upon the lot or premises occupied by such an enterprise for the purpose of apprising the public of the location of such enterprise or the type of activity in which it is engaged.

OFFICIAL SIGNS AND NOTICES - Signs and notices erected and maintained by public officers or public agencies within their territorial or zoning jurisdiction and pursuant to and in accordance with direction or authorization contained in federal, state or local law for the purposes of carrying out an official duty or responsibility. Historical markers authorized by state law and erected by state or local government agencies or nonprofit historical societies may be considered official signs.

PUBLIC SERVICE SIGNS - Signs located on school bus stop shelters, which signs:

       

       A. Identify the donor, sponsor or contributor of such shelter.

       B. Contain safety slogans or messages, which shall occupy not less than 60% of the area of the sign.

       C. Contain no other message.

       D. Are located on school bus shelters which are authorized or approved by Township, county or state law, regulation or ordinance, and at places approved by the Township, county, state or other agency controlling the highway involved.

       E. May not exceed a total of 32 square feet in area. Not more than one sign on each shelter shall face in any one direction.

PUBLIC UTILITY SIGNS - Warning or informational signs, notices or markers which are customarily erected and maintained by publicly or privately owned public utilities, as essential to their operations.

SERVICE CLUB AND RELIGIOUS NOTICES - Signs and notices, whose erection is authorized by law, relating to meetings of nonprofit service clubs or charitable associations, or religious services, which signs do not exceed eight square feet in area.

SIGN - A structure, building wall or other outdoor surface, or any device used for visual communication, which is used for the purpose of bringing the subject thereof to the attention of the public, or to display, identify and publicize the name, location and product or service of any person.

SIGN AREA - That area defined by the outside edge of the frame surrounding the sign, or by the edge of the sign if no frame exists. Where no frame or edge exists, the area shall be defined by a projected, enclosed four-sided, straight sides, geometric shape which most closely outlines such sign.

TEMPORARY SIGN - In addition to the definition of temporary sign contained in § 215-9, the following additional definition shall also be applicable: Any sign which primarily advertises, presents information about or calls to the attention of the public or any part of the public an event or occurrences which will take place at an ascertainable time or date and place.

VISIBLE - Capable of being seen, whether or not legible, without visual aid by a person of normal visual acuity.

V-TYPE SIGN - A single structure having two faces in the shape of the letter V when viewed from above, with the faces oriented in opposite directions.

WALL SIGN - Any flat sign of solid face permanent construction, including any sign painted, embossed or applied directly on to a wall, which sign is placed against a building or other structure and attached to the exterior front or rear wall of any building or other structure and which does not extend or project more than 16 inches beyond the surface of the portion of such building or structure to which it is attached.

WINDOW SIGN - Any sign attached to a glass area or any sign placed immediately behind a glass area and visible from the outside of such building or structure through such window, aperture or glass area of any door.