Glossary forKingwood Township, Hunterdon County, NJ

ADMINISTRATIVE OFFICER The Secretary of the Kingwood Township Planning Board.[Amended 3-16-1987 by Ord. No. 5-2-1987]

APPLICANT A developer submitting an application for development.

APPLICATION FOR DEVELOPMENT The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 and N.J.S.A. 40:55D-36.

APPROVING AUTHORITY The Planning Board of the Township of Kingwood.

BED-AND-BREAKFAST Owner-occupied, single-family home wherein the owner provides overnight accommodations and a morning meal (no more than four consecutive days/three consecutive nights) to transient guests for compensation. [Added 6-17-1996 by Ord. No. 9-11-1996]

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

BUILDABLE AREA A contiguous area of land located within the building envelope of a lot which does not contain any constrained areas and which is equal in size to the lesser of 1/2 of the area of the building envelope or one acre.[Added 3-7-2006 by Ord. No. 13-20-2006; amended 4-4-2006 by Ord. No. 13-21-2006]

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

BUILDING ENVELOPE The area of land located within the applicable principal building setback lines of a lot.[Added 3-7-2006 by Ord. No. 13-20-2006]

CAPITAL IMPROVEMENT A governmental acquisition of real property or major construction project.

CATEGORY 1 (C1) WATERS - See the definition contained in Section 115-6.2.

**Webmasters Note: The previous definition has been amended by Ordinance No. 17-02-2013, effective February 7, 2013.

CIRCULATION Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.

CLUSTER A development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space and preservation of environmentally sensitive features.[Added 4-4-2006 by Ord. No. 13-21-2006]

CLUSTER SUBDIVISION A form of development for single-family residential subdivisions that permits a reduction in lot area and bulk requirements, provided there is no increase in the number of lots permitted under a conventional subdivision and the resultant land area is devoted to open space.[Added 4-4-2006 by Ord. No. 13-21-2006]

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

CONDITIONAL USE A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the Zoning Ordinance and upon the issuance of an authorization therefor by the Planning Board.

CONSTRAINED AREAS Those portions of a lot, tract or parcel of land which are encumbered by, used for or otherwise dedicated to the following: areas of existing road and transmission rights-of-way and proposed new roads within the tract; areas of easements or rights-of-way required for widening of existing roads abutting the tract boundaries; areas of all existing easements and restrictive covenants; natural resource limitation areas, including floodplains, wetlands, NJDEP-required wetlands transition areas, areas deemed by NJDEP to be unavailable for development due to the presence of special water resource protection areas for C-1 waters, streams, required stream buffer conservation areas, land under water and areas of slopes 20% or greater.[Added 3-7-2006 by Ord. No. 13-20-2006; amended 4-25-2011 by Ord. No. 16-13-2011]

CONVENTIONAL Development other than planned development.

COUNTY MASTER PLAN A composite of the Master Plan for the physical development of the county in which the municipality is located, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.

COUNTY PLANNING BOARD The Planning Board of the County of Hunterdon.

CROSSWALKS OR WALKWAY A right-of-way, dedicated to public use, to facilitate pedestrian access through a subdivision.

CUL-DE-SAC A short dead-end street terminating in a vehicular turnaround area.

DAYS Calendar days.

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

DEVELOPMENT The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or 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 review by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.[Amended 5-2-2006 by Ord. No. 13-25-2006]

DEVELOPMENT REGULATION A zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other municipal regulation of the use and development of land, or amendment thereto adopted and filed pursuant to the Municipal Land Use Law.

DIVISION The Division of State and Regional Planning in the Department of Community Affairs.

DRAINAGE The removal of surface water or groundwater from land by drains, grading or other means, and includes control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or for prevention or alleviation of flooding.

ENVIRONMENTAL COMMISSION A municipal advisory body created pursuant to P.L. 1968, c. 245 (N.J.S.A. 40:56A-1 et seq.).

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

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

FLAG LOT A lot having less lot frontage than the minimum required for a standard lot by these development regulations, but sufficient to provide adequate access as herein defined as a Class II minor subdivision, by way of an access strip or staff, to the main portion of the lot in the rear, which is intended and suitable to accommodate a single-family residence in compliance with the development regulations.[Added 6-17-1996 by Ord. No. 9-11-96]

FLOOD ZONE - Those Flood Zones as defined by the United States Federal Emergency Management Agency (FEMA).

**Webmasters Note: The previous definition has been amended by Ordinance No. 17-02-2013, effective February 7, 2013.

FRESHWATER WETLANDS OR WETLANDS - See the definition of Wetlands contained in Section 115-6.2.

**Webmasters Note: The previous definition has been amended by Ordinance No. 17-02-2013, effective February 7, 2013.

FRONTAGE The distance for which a lot abuts a public street, measured at and from the right-of-way line. In the Byram Colony Zone, for those properties abuting the Delaware River, frontage is the distance for which a lot abuts the Delaware River, measured at the point where uplands abut riparian lands. [Added 6-3-2003 by Ord. No. 12-6-2003]

GOVERNING BODY The Kingwood Township Committee.

HISTORIC SITE Any building, structure, area or property that is significant in the history, architecture, archaeology or culture of this state, its communities or the nation and has been so designated pursuant to this chapter.

INTERESTED PARTY

A. In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey.

B. In the case of a civil proceeding in any court or in any administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter, or whose rights to use, acquire or enjoy property under this chapter or under any other law of this state or of the United States have been denied, violated or infringed by an action or a failure to act under this chapter.

LAND Includes improvements and fixtures on, above or below the surface.

LANDSCAPE PROJECT - The manual and computerized files maintained by the New Jersey Department of Environmental Protection Division of Fish and Wildlifes Endangered and Nongame Species Program (ENSP) for the long-term protection of imperiled species and their important habitats in New Jersey.

**Webmasters Note: The previous definition has been amended by Ordinance No. 17-02-2013, effective February 7, 2013.

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 CIRCLE A circle, the diameter of which shall be inscribed on each proposed lot in a subdivision tangent to the front yard setback line and located entirely within the building envelope. For lots in a Class I minor subdivision and two-acre lots in a Class II minor subdivision, the lot circle requirement shall not be applicable.[Added 3-7-2006 by Ord. No. 13-20-2006]

LOT-SIZE AVERAGING

[Added 6-17-1996 by Ord. No. 9-11-1996; amended 3-7-2006 by Ord. No. 13-20-2006]:

A. The lot area and bulk requirements of one or more lots in a residential subdivision may be reduced, provided that for every lot which is reduced, another lot is oversized; the average size of all lots is seven acres or more; and there is no increase in the number of lots that would be permitted under a conventional subdivision of the property after taking into account the partial credit allowed for constrained areas. No lot shall be permitted to be less than two acres in size.

B. In the event that an applicant for development elects to utilize lot size averaging, all lots shall be permanently deed restricted from and against further subdivision and development in the future, except for either agricultural use, one single-family residential use, or a combination of both.

C. Example of permitted "lot size averaging." Assume a minimum lot size of seven acres and a property, the net acreage of which, after taking into account the partial credit allowed for constrained areas, is 70 acres, a presumptive maximum of 10 lots would be permissible. Based on this illustration, a subdivision creating a maximum of 10 lots, consisting of nine new lots and the remaining lands, would be permitted, with no lot less than two acres. Such a subdivision could be configured as one two-acre lot, two three-acre lots, one five-acre lot, one six-acre lot, one eight-acre lot, one nine-acre lot, two ten-acre lots and one twelve-acre lot. Each lot would be required to be permanently deed restricted as set forth in Subsection B above.

[Amended 4-4-2006 by Ord. No. 13-21-2006]

D. All provisions of � 132-30F shall apply to all lot size averaging subdivisions.

MAINTENANCE GUARANTY Any security, other than cash, which may be accepted by a municipality for the maintenance of any improvements required by this chapter.

MAJOR SUBDIVISION Any subdivision not classified as a minor subdivision.

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

MAYOR The chief executive of the municipality, whatever his official designation may be.

MINOR SUBDIVISION

[Amended 12-20-1993 by Ord. No. 8-19-93; 6-17-1996 by Ord. No. 9-11-1996; 12-20-1999 by Ord. No. 10-18-99; 12-16-2002 by Ord. No. 11-11-2002; 6-3-2003 by Ord. No. 12-6-2003; 3-7-2006 by Ord. No. 13-20-2006]

A. CLASS I - Any subdivision containing not more than two lots and a remainder, with each lot and the remainder fronting on an existing state, county or municipal street and that does not involve planned development, any new street or extension of any offtract improvement. There shall not be any resubdivision of said lots or remainder for a period of one-year commencing on the date said minor subdivision is approved. The required lot size in a Class I minor subdivision may be reduced to not less than two acres, after taking into account the partial credit allowed for constrained areas and the minimum buildable area requirement, provided that the following conditions are satisfied:

[Amended 4-4-2006 by Ord. No. 13-21-2006]

(1) The new lots and remainder must each possess at least 200 feet of frontage along a public road existing as of April 30, 1996;

(2) The lot being subdivided was in existence as a separate tax lot as of April 30, 1996;

(3) There shall not be any major subdivision of any lots created or remainder during the five-year period commencing on the date said minor subdivision is approved;

(4) The lots that are less than four acres in size shall be permanently deed restricted to limit the size of the dwelling to be constructed thereon to not more than 3,000 square feet in habitable floor area, exclusive of basements or cellars;

[Amended 4-12-2010 by Ord. No. 16-04-2010]

(5) There shall not be any resubdivision of any lots created or remainder for a period of one-year commencing on the date said minor subdivision is approved; and

(6) The lot shall have a minimum lot depth of 250 feet.

B. CLASS II - A minor subdivision consisting of not more than three new residential lots and a remainder, up to two of which lots may be building lots with frontage of at least 200 feet on public road existing as of April 30, 1996, and contain not less than two acres of land after taking into account the partial credit allowed for constrained areas, and the minimum buildable area requirement, and up to two of which lots may be building lots which are irregular in shape and commonly known as a "flag lot," composed of a strip of land at least 50 feet in width and 200 feet in minimum depth (the "flag stem") fronting on a public road existing as of April 30, 1996, and with the area beyond the initial minimum strip (50 feet by 200 feet) composed of at least four acres of land in the main, buildable portion of the lot to the rear of the access strip, after taking into account the partial credit allowed for constrained areas, and the minimum buildable area requirement. If the Class II subdivision involves two flag lots, the width of each flag stem may be reduced to 25 feet, provided that the two flag stems are located side by side and each flag lot is granted a reciprocal right to use the flag stem of the other lot for ingress and egress.

(1) If one of the two flag lots is located behind the other flag lot, then the flag stem for the front flag lot shall extend to the same point in the property line of the rear flag lot as does the flag stem for the rear flag lot so that, at all times, the combined flag stem is 50 feet in width. All lots in a Class II minor subdivision, except for the remaining lands, must obtain access to the public road by using the flag stem(s) of the flag lot(s) and shall be granted an easement for ingress and egress across the first 50 feet of the flag stem(s). The flag stem(s) shall be improved with a single driveway conforming in all respects to the standards for Class II common driveways contained in Kingwood Township Code, Chapter 112, Streets and sidewalks.

(2) In the event that a single flag lot is involved in the Class II minor subdivision, the deed for that flag lot shall include a grant of the easement to the other lots in the subdivision (other than the remaining lands) for ingress and egress across the first 50 feet of the flag stem and shall provide for the maintenance and repair of the entire driveway, in conformity in all respects to the standards for individual driveways contained in Kingwood Township Code, Chapter 112, Streets and sidewalks, and shall be the responsibility of the owner of the flag lot. In the event that two flag lots are involved in the Class II minor subdivision, the deed for each flag lot shall include a grant of the easement to the other flag lot for ingress and egress along the entire length of the flag stem and a grant of an easement to the other lots in the subdivision (other than the remaining lands) for ingress and egress across the first 50 feet of the flag stem. In the event that two flag lots are involved in the Class II minor subdivision, then a common driveway maintenance agreement shall be recorded simultaneously with the deeds for the flag lots and shall provide, at a minimum, that:

(a) The maintenance and repair of the entire driveway is in conformity in all respects with the standards for individual driveways contained in Kingwood Township Code, Chapter 112, Streets and sidewalks;

(b) Equal sharing amongst the owners of the flag lots of the cost of maintenance and repair of the entire driveway;

(c) A mechanism for the prompt enforcement of maintenance and/or contribution obligations of the owners of the flag lots.

(3) Although the owner of a lot which has a right of ingress and egress over the first 50 feet of the flag stem(s) shall not ordinarily have any obligation to maintain or repair or contribute to the cost of maintenance or repair of the common driveway, nothing contained herein or in any deed or in any common driveway maintenance agreement recorded to perfect a Class II minor subdivision shall be construed as relieving such owner for any liability for damage to the common driveway arising out, or by reason, of any act or omission of said owner or persons for whose acts he/she may be adjudged liable.

(4) The following conditions shall apply to any Class II minor subdivision:

(a) There shall not be any major subdivision of any lots created or remainder during the five-year period commencing on the date said Class II minor subdivision is approved;

(b) The lots that are less than four acres in size shall be permanently deed restricted to limit the size of the dwelling to be constructed thereon to not more than 3,000 square feet in habitable floor area, exclusive of basements or cellars;

[Amended 4-12-2010 by Ord. No. 16-04-2010]

(c) There shall not be any resubdivision of any lots created or remainder during the year commencing on the date said Class II minor subdivision is approved; and

(d) There shall be a minimum distance of 400 feet of frontage along a public road between Class II minor subdivision common driveways.

MUNICIPAL AGENCY A municipal planning board or board of adjustment or a governing body of a municipality when acting pursuant to N.J.S.A. 40:550-1 et seq., and any agency which is created by or responsible to one or more municipalities when such agency is acting pursuant to said N.J.S.A. 40:55D-1 et seq.

MUNICIPALITY Any city, borough, town, Township or village.

NATURAL HERITAGE DATABASE - Means the manual and computerized file maintained within the New Jersey Department of Environmental Protection Division of Parks and Forestry which includes continually updated information on the location and status of native plant species of the State, as authorized by N.J.S.A. 13:1B-15.146 through 13:1B-15.150.

**Webmasters Note: The previous definition has been amended by Ordinance No. 17-02-2013, effective February 7, 2013.

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 which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

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

NONCONFORMING 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 reason of such adoption, revision or amendment.

OFFICIAL COUNTY MAP The map, with changes and additions thereto, adopted and established from time to time by resolution of the Board of Chosen Freeholders of the county pursuant to N.J.S.A. 40:27-5.

OFFICIAL MAP A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32.

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

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

ON-SITE Located on the lot in question.

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

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.

PARTY IMMEDIATELY CONCERNED For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under N.J.S.A. 40:55D-12.

PERFORMANCE GUARANTY Any security which may be accepted by a municipality, including cash; provided that a municipality shall not require more than 10% of the total performance guaranty in cash.

PLANNED COMMERCIAL DEVELOPMENT An area of a minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses, or both, and any residential and other uses incidental to the predominant use as may be permitted by ordinance.

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

PLANNED INDUSTRIAL DEVELOPMENT An area of a minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by ordinance.

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 Zoning Ordinance.

PLANNED UNIT RESIDENTIAL DEVELOPMENT An area with a specified minimum contiguous acreage of five acres or more to be developed as a single entity according to a plan, containing one or more residential clusters, which may include appropriate commercial or public or quasi-public uses all primarily for the benefit of the residential development.

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

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

PRELIMINARY APPROVAL The conferral of certain rights pursuant to N.J.S.A. 40:55D-46, 48 and 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.

PUBLIC AREAS Public parks, playgrounds, trails, paths and other recreational areas; other public open spaces; scenic and historic sites; and sites for schools and other public buildings and structures.

PUBLIC DEVELOPMENT PROPOSAL A master plan capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.

PUBLIC DRAINAGEWAY The land reserved or dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.

PUBLIC OPEN SPACE An open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency or other public body for recreational or conservational uses.

QUALIFYING PLAN A conceptual plan showing the maximum development attainable for a property through application of a conventional major subdivision approach, i.e., without benefit of lot-size averaging or cluster alternatives, and taking into account the partial credit allowed for constrained areas and the minimum buildable area requirement. [Added 3-7-2006 by Ord. No. 13-20-2006]

QUORUM The majority of the full authorized membership of a municipal agency.

RESIDENTIAL DENSITY The number of dwelling units per gross acre of residential land area calculated and adjusted in accordance with the constrained area calculations set forth in � 132-30F. [Added 3-7-2006 by Ord. No. 13-20-2006]

RESUBDIVISION The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law, or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.

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

SITE PLAN A development plan of one or more lots on which is set forth the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and any other information that may be reasonably required in order to make an informed determination pursuant to an ordinance requiring review and approval of site plans by the Planning Board adopted pursuant to N.J.S.A. 40:55D-37.

STANDARDS OF PERFORMANCE Standards adopted by ordinance pursuant to N.J.S.A. 40:55D-65 regulating noise levels, glare, earth borne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and flammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the municipality, or standards required by applicable federal or state laws or municipal ordinances.

STEEP SLOPE - See the definition contained in Section 114.1.

**Webmasters Note: The previous definition has been amended by Ordinance No. 17-02-2013, effective February 7, 2013.

STREET Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway, or which is shown upon a plat heretofore approved pursuant to law, or which is approved by official action as provided by 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 lines. For the purposes of this chapter, municipal-owned "streets" shall be classified as follows:

A. COLLECTORS, MAJOR - Streets which carry traffic that is intracounty or intramunicipal in nature. Such streets connect minor collectors with arteries and highways.

B. COLLECTORS, MINOR - Streets which provide service to and within subdivisions. Such streets connect the local streets with the major collectors or other minor collectors and may provide vehicular and pedestrian access to abutting properties.

C. LOCAL STREETS - Streets which provide vehicular and pedestrian access to abutting properties. Such streets connect with minor collectors.

D. ALLEY - A minor way which is used primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.

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.

SUBDIVISION The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered "subdivisions" within the meaning of this chapter if no new streets are created: divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size; divisions of property by testamentary or intestate provisions; divisions of property upon court order; and conveyances so as to combine existing lots by deed or other instrument. The term "subdivision" shall also include the term "resubdivision."

THREATENED OR ENDANGERED SPECIES - Any species identified pursuant to the Endangered and Nongame species Conservation Act, N.J.S.A. 23:2A-1 et seq., the Endangered Species Act of 1973, 16 U.S.C. �� 1531 et seq. Or the Endangered Plant Species List, N.J.A.C. 7:5C-5.1, and any subsequent amendments thereto.

**Webmasters Note: The previous definition has been amended by Ordinance No. 17-02-2013, effective February 7, 2013.

THREATENED OR ENDANGERED SPECIES HABITAT - An area or environment where a threatened or endangered species community normally lives or occurs, determined by the Natural Heritage Database Search and the Threatened or Endangered Species Survey.

**Webmasters Note: The previous definition has been amended by Ordinance No. 17-02-2013, effective February 7, 2013.

VARIANCE Permission to depart from the literal requirements of a zoning ordinance pursuant to N.J.S.A. 40:55D-60 and 40:55D-70, Subsections 57c and 57d, and N.J.S.A. 40:55D-40, Subdivision 29.2b.

ZONING PERMIT A document signed by the administrative officer which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of the Municipal Zoning Ordinance or variance therefrom duly authorized by a municipal agency pursuant to N.J.S.A. 40:55D-60 and 55D-70.

AGRICULTURAL OR HORTICULTURAL DEVELOPMENT Construction for the purposes of supporting common farmsite activities, including but not limited to the 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.

AGRICULTURE OR HORTICULTURE OR AGRICULTURAL OR HORTICULTURAL USE 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.

CATEGORY 1 (C1) WATERS Waters of the state, including unnamed waterways that appear on Soil Survey and USGS Topographic Quadrangle within the same HUC-14 watershed, designated in N.J.A.C. 7:9B-1.15(c) through (h) for purposes of implementing the antidegradation policies set forth at N.J.A.C. 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 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 A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.

COUNTY REVIEW AGENCY The Hunterdon County Planning Board, as designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s).

DEPARTMENT The New Jersey Department of Environmental Protection.

DESIGNATED CENTER A State Development and Redevelopment Plan Center, such as urban, regional, town, village, or hamlet, as designated by the State Planning Commission.

DESIGN ENGINEER A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.

DEVELOPMENT The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure; any mining excavation or landfill; and any use or change in the use of any building or other structure, or land or extension of use of land, by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural lands, development means any activity that requires a state permit; any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.

DISTURBANCE 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 A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.

ENVIRONMENTALLY CRITICAL AREA 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; wellhead protection areas; and groundwater 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 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).

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

GROUNDWATER 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 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 A watershed as defined by the United States Geological Survey with a fourteen-digit identifier; a su bwatershed.

IMPERVIOUS SURFACE 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 The process by which water from precipitation seeps into the soil to a level below the normal root soil of plant species.

KARST TERRAIN 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 streams, caves, blind valleys, large springs and subterranean drainage. See also "limestone area."

LIMESTONE AREA An area of Hunterdon 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% calcium or magnesium carbonate. See also "karst terrain."

LOW-IMPACT DEVELOPMENT (LID) Methods incorporating design measures to replicate predevelopment 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 stormwater as a nuisance condition and disposable.

MAINTENANCE PLAN 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 Any development that provides for ultimately disturbing one or more acres of land or would create 1/4 acre or more of impervious surface.

MAXIMUM EXTENT PRACTICABLE 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 An action by an applicant providing compensation or offset actions for on-site stormwater management requirements where the applicant has demonstrated the inability or impracticality of strict compliance with the stormwater management requirements set forth in N.J.A.C. 7:8, in an adopted regional stormwater management plan or in this section, and has received a waiver from strict compliance from the municipality. Mitigation, for the purposes of this section, 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), a contribution of funding toward a regional stormwater control project, provision for equivalent treatment at an alternate location, or other equivalent water quality benefit.

MUNICIPALITY Any city, borough, town, Township, or village.

NODE An area designated by the State Planning Commission concentrating facilities and activities that are not organized in a compact form.

NONSTRUCTURAL STORMWATER MANAGEMENT TECHNIQUES 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 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 CONCENTRATION 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.

NUTRIENT LOAD 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, groundwater recharge, point source discharges, or the air (in the form of wet deposition such as rain or snow as well as dry deposition).

PERMEABLE A surface or land cover capable of transmitting or percolating a significant amount of precipitation into the underlying soils.

PERSON Any individual, corporation, company, partnership, firm, association, the Township of Kingwood, or political subdivision of this state subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

POLLUTANT Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. � 2011 et seq.)], thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the state or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.

POLLUTION 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 The amount of water from precipitation that infiltrates into the ground and becomes part of a ground water body.

REVIEW AGENCY (MUNICIPAL) The municipal body or official that is responsible for the review of a major development project for compliance with the stormwater management requirements.

SEDIMENT 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 The lot or lots upon which a major development is to occur or has occurred.

SOIL All unconsolidated mineral and organic material of any origin.

SOLID AND FLOATABLE MATERIALS Sediment, debris, trash, and other floating, suspended, or settleable solids.

SOURCE MATERIAL 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 groundwater 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 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 three-hundred-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 PLAN POLICY MAP The geographic application of the state development and redevelopment plan's goals and statewide policies, and the official map of these goals and policies.

STORMWATER Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.

STORMWATER MANAGEMENT BASIN An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (a constructed stormwater wetland).

STORMWATER MANAGEMENT MEASURE Any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, to induce or control the infiltration or groundwater recharge of stormwater, or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.

STORMWATER RUNOFF The flow of stormwater on or across the surface of the ground, in drainage facilities or in storm sewers.

STREAM BUFFER 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 floodplain or floodway or may extend beyond a wetland, floodplain or floodway boundary.

STRUCTURAL STORMWATER TECHNIQUES 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, overexploitation, predation, competition, disease, disturbance or contamination. Assistance is needed to prevent future extinction in New Jersey. Threatened species are those which 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 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 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 Previously developed portions of areas delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1); Designated Centers, Cores or Nodes.

WATERS OF THE STATE The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

WETLANDS OR WETLAND An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."

ACCESSORY BUILDING, STRUCTURE OR USE A building, structure or use on the same lot with and of a nature incidental and subordinate to the principal building, structure or use.

AGRICULTURAL OR HORTICULTURAL USE Land shall be deemed to be in agricultural use when devoted to the production for sale of plants and animals useful to men, including but not limited to forages and sod crops; grains and feed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, including the breeding and grazing of any and all of such animals; bees and apiary products; fur animals; trees and forest products; or when devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agreement with an agency of the federal government or when devoted to the production for sale of fruits of all kinds, including grapes, nuts and berries, vegetables, nursery, floral, ornamental and greenhouse products.

ALTERATIONS OR ADDITIONS A change or rearrangement in the structural parts or in the existing facilities which alters the use of the building or an enlargement, whether by extension of a side or by increasing in height or by moves from one location or position to another.

AUTOMOBILE BODY REPAIR SHOP Any building, premises or land in which a business, service or activity is located in which a primary pursuit is painting, body and fender replacement and repair, chassis repair and straightening, auto dismantling and auto wrecking or other similar activities. This definition does not include automobile junkyards.[Added 7-26-1993 by Ord. No. 8-13-93; amended 8-4-2009 by Ord. No. 15-06-2009]

AUTOMOBILE SERVICE STATION Any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sale of vehicular fuels and/or for the mechanical repair and servicing of automobiles. This service may include, but is not restricted to, the sale and installation of lubricants, tires, batteries and similar accessories and other general vehicle maintenance and mechanical repairs. An "automobile service station" shall not engage in vehicle painting or body and fender replacement and repair, chassis repair and straightening, auto body dismantling and auto wrecking or other activities which are associated with automobile body repair shops.[Added 7-26-1993 by Ord. No. 8-13-93]

BUFFER An area consisting of trees, shrubs, solid fencing, earth berm plantings or a combination of those ingredients installed so as to provide both a visual and/or an acoustical barrier between properties or between a property or use and a public road. Solid fencing may be substituted to meet only part of the requirement and must be supplemented with plantings.

BUILDABLE AREA A contiguous area of land located within the building envelope of a lot which does not contain any constrained areas and which is equal in size to the lesser of one-half of the area of the building envelope or one acre.[Added 3-7-2006 by Ord. No. 13-20-2006; amended 4-4-2006 by Ord. No. 13-21-2006]

BUILDING A combination of materials to form a construction adapted to the permanent, temporary or continuous occupancy by persons, animals or property and having a roof.

BUILDING COVERAGE The square footage or other area measurements by which all buildings occupy a lot as measured on a horizontal plane around the periphery of the foundation and including the area under the roof of any structure supported by columns but not having walls, as measured around the outside of the outermost extremities of the roof above the columns.

BUILDING ENVELOPE The area of land located within the applicable principal building setback lines of a Iot. [Added 3-7-2006 by Ord. No. 13-20-2006]

CAMPER

A. 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 use, which may contain cooking, sleeping and sanitary facilities;

B. An immobile 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; or

C. A portable vehicular structure built on a chassis designed for camping, the body of which is basically rectangular with a flat top and not more than four feet above the surface of the ground and designed to have a temporary tent erected above the four-foot level for camping activities.

CARGO CONTAINER This definition of cargo container shall not include any trailer or other container which is equipped, or at one time was equipped, with wheels allowing it to be transported by towing. A cargo container is any combination of materials consisting of four sides, a floor and a ceiling which form an enclosure whose principal use is the storage of goods, equipment and material for transportation via sea or overland via truck or railroad.[Added 6-21-1999 by Ord. No. 10-9-99]

CHILD-CARE CENTERS A center licensed by the Department of Human Services pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.).[Added 7-26-1993 by Ord. No. 8-13-93]

COMMUNITY RESIDENCE - DEVELOPMENTALLY DISABLED; VICTIMS OF DOMESTIC VIOLENCE; PERSONS WITH HEAD INJURIES; TERMINALLY ILL Any community residential facility as defined in N.J.S.A. 40:55D-66.2 (or as in the future may be amended) and meeting the standards established therein and in related statutes.[Added 10-7-2003 by Ord. No. 12-10-2003]

CONDITIONAL USE A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Planning Board.

CONSTRUCTION TRAILER Any licensed and registered trailer utilized to transport landscaping and/or construction equipment, to store and transport construction materials or to provide temporary on-site office facilities for construction contractors at job locations.[Added 6-21-1999 by Ord. No. 10-9-99]

DEVELOPMENT Includes the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining, excavation or landfill and any use or change in the use of any building or other structure or land or extension of use of land for which permission may be required under this chapter. For purposes of this chapter, "development" also includes locating, constructing, revising or otherwise changing or placing a sign or installing lighting or solid waste containers.[Added 9-22-1988 by Ord. No. 6-13-88]

DWELLING A building containing one or more dwelling units and being detached, that is, having no wall or walls in common with an adjacent dwelling or dwellings.

DWELLING, SINGLE-FAMILY A dwelling containing no more than one dwelling unit.

DWELLING UNIT One room or rooms connected together constituting a separate, independent housekeeping establishment for owner occupancy or rental or lease and physically separated from any other rooms or dwelling units which may be in the same structure and containing independent cooking and sleeping facilities.

ECHO UNIT An elder cottage housing opportunity (ECHO) unit is a small removable modular cottage on a lot with a single residential dwelling. The ECHO unit shall be a separate living quarters, accessory to a primary residence on the premises, not exceeding 720 square feet of gross floor area for the use of and occupancy by not more than two persons who are related by blood, marriage or adoption to the lot owner, who must occupy the primary residence on the premises, and one primary care giver. One of the ECHO unit occupants shall be 60 years of age or older.[Added 7-16-2001 by Ord. No. 11-4-2001; amended 12-17-2001 by Ord. No. 11-9-2001]

FAMILY DAY-CARE HOMES A private residence which is registered as a family day-care home pursuant to the Family Day Care Provider Registration Act, P.L. 1987, c. 27 (N.J.S.A. 30:5B-16 et seq.), and is further defined as a private residence in which child-care services are provided for a fee to not fewer than three and no more than five children at any one time for no less than 15 hours per week.[Added 7-26-1993 by Ord. No. 8-13-93]

FARM A lot, as defined herein, having an area of not less than five acres and used for agricultural purposes as defined herein.

FARM MARKET An accessory building devoted to the retail sale of farm produce grown, raised, or produced on, or collected or harvested from, the lands comprising, or under common ownership with, the lot on which the farm market is located.[Added 7-17-2000 by Ord. No. 11-7-2000]

FARM PRODUCE Those products and goods, including, without limitation, animals and plants, that are grown, raised, or produced on, or collected or harvested from, lands devoted to agricultural and/or horticultural use.[Added 7-17-2000 by Ord. No. 11-7-2000]

FARM RELATED GOODS Agricultural and horticultural supplies and hand tools, souvenir and gift items, such as shirts and mugs printed with the name of the farm or farm market, and those items that are not farm produce but are derived from farm produce, including but not limited to, canned or jarred fruits, homemade pies, trees, plants, flowers, shrubs, firewood and homemade crafts.[Added 7-17-2000 by Ord. No. 11-7-2000]

FLAG LOT A lot having less frontage than the minimum required for a standard lot by these development regulations, but sufficient to provide adequate access as herein defined as a Class II minor subdivision, by way of an access strip or staff, to the main portion of the lot in the rear, which is intended and suitable to accommodate a single-family residence in compliance with the development regulations.[Added 6-17-1996 by Ord. No. 9-11-96]

FLEA MARKET An open market selling new or used household goods, curios, tools and other equipment, material, handcrafts and the like.[Added 9-22-1988 by Ord. No. 6-13-88]

FLOOR AREA RATIO The sum of the area of all floors of buildings or structures compared to the total area of the site. For purposes of this chapter, wetlands, floodways and areas within the one-hundred-year floodplain shall be counted at half credit toward the permitted "floor area ratio." [Added 9-22-1988 by Ord. No. 6-13-88]

FRONTAGE The distance for which a lot abuts a public street, measured at and from the right-of-way line. In the Byram Colony Zone, for those properties abutting the Delaware River, or both the Delaware River and a public street, frontage is the distance for which a lot abuts the Delaware River, measured at the point where uplands abut riparian lands. [Added 6-3-2003 by Ord. No. 12-6-2003]

GROSS FLOOR AREA The total floor area in a building or structure measured by using the outside dimension of the building at each floor and basement level. The floor area of uses sharing a common wall shall be measured from the center of the common wall and from the outside of exterior walls.[Added 9-22-1988 by Ord. No. 6-13-88]

HABITABLE ATTIC SPACE That portion of an attic that has a means of access and egress and in which the ceiling area at a height of five feet or more is greater than 40 % of the floor area below.[Added 4-12-2010 by Ord. No. 16-04-2010]

HABITABLE FLOOR AREA The total floor area of those portions of any dwelling unit used as living space, including kitchens, living and dining rooms, baths and bedrooms and hallways but not including cellars, porches or attics, except expansion attics which may be finished to provide additional rooms without structural alterations to roof or exterior walls.

HOME OCCUPATION Any use conducted entirely within a dwelling, carried on by the occupants thereof, which constitutes either entirely or partly the means of livelihood of a person living in such dwelling, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and in connection with which there is no display or stock-in-trade or commodities sold upon the premises, unless the commodities sold are clearly secondary and identified with the permitted occupation. In addition, there shall be no motor vehicles or equipment or other items used in connection with or upon which any service is performed in connection with such employment or occupation stored or kept in any location on the lot except in an enclosed building. No equipment or process shall be used in such employment or occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, and, in the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receiver off the lot or causes fluctuations in line voltage off the lot. "Home occupations" include but are not limited to millinery, dressmaking, workshop for watchmaking, electrical and radio repair, cabinetmaking or carpentry work and family day-care homes. Automobile service stations and automobile body repair shops shall not be considered "home occupations." [Amended 7-26-1993 by Ord. No. 8-13-93]

INDUSTRIAL PARK An area wherein one or more buildings are erected for industrial purposes in relation to one another as a part of an integrated and comprehensive plan, total unit, whether or not the buildings are erected simultaneously or over a period of time.

LANDSCAPED AREAS Areas containing trees, shrubs and ground covers, pedestrian and recreation areas, ponds, streams or other areas or features which can be reasonably included, but shall not include areas occupied by buildings or structures, areas paved for parking, loading or access thereto, required buffers or areas utilized for outside storage.

LOADING SPACE An off-street space or berth on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading or unloading.

LOT An integral parcel or portion of land or contiguous integral parcels or portions of land under the same ownership which are not separate subdivision lots of record. For the purpose of this chapter, continuous undersize lots under one ownership shall be considered one "lot."

LOT AREA The area contained within the lot lines of a lot, but not including any portion of the lot in use or to be used as a street or street right-of-way.

LOT COVERAGE The area of the lot covered by buildings and paved surfaces, including sidewalks, curbs, parking and loading areas, patios, decks and buildings measured to the exterior of the foundation wall, or to the edge of an overhang where the overhang creates an angle greater than 15 measured from the foundation wall, whether these areas are constructed of concrete, blacktop, compacted stone, brick, block, flagstone, wood or similar material. [Added 9-22-1988 by Ord. No. 6-13-88]

LOT DEPTH The shortest horizontal distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line. For corner lots, lots fronting on Class II or Class III common driveways, and lots abutting lands used or capable of use for a flag stem with fifty-foot frontage, lot depth shall be measured from each lot line fronting on a public street, on Class II or Class III common driveways, and abutting lands used or capable of use for a flag stem with fifty-foot frontage.[Amended 6-3-2003 by Ord. No. 12-6-2003]

LOT SIZE AVERAGING [Added 6-17-1996 by Ord. No. 9-11-96; amended 3-7-2006 by Ord. No. 13-20-2006]

[Amended 4-4-2006 by Ord. No. 13-21-2006]

D. All provisions of � 132-30F shall apply to all lot size averaging subdivisions.

LOT WIDTH That portion of a lot extending along a street line. In an odd-shaped or triangular-shaped lot existing of record as of January 31, 1979, the length of the frontage may be determined as the perpendicular distance between side lines at the setback point in the instances where the side line is parallel. In the case where the side lines converge toward or away from the front line, the frontage shall be measured along a line parallel to the front lot line drawn at a distance equal to the required minimum setback. In all instances where an optional method is used, the actual length of the street line shall not be less than 50 feet.[Amended 6-3-2003 by Ord. No. 12-6-2003]

MAJOR SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE A system of fuel cells, solar or photovoltaic panels and equipment for the production of energy that is not a minor solar or photovoltaic energy facility or structure.[Added 12-7-2010 by Ord. No. 16-16-2010]

MINOR SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE A fuel cell, solar or photovoltaic panel or system of panels for the production of energy that: [Added 12-7-2010 by Ord. No. 16-16-2010]

A. Uses solar energy as its fuel; is located on the power beneficiary's premises; is designed and intended primarily to offset part or all of the beneficiary's requirements for energy consumption on site; and is secondary to the beneficiary's use of the premises for other lawful purpose(s); or,

B. Is intended to mitigate electrical system improvement requirements; and

C. Generates not more than 110% of the power consumed by the beneficiary's premises, which shall be documented through the submission of power company electricity usage bills or another form of documentation acceptable to the Kingwood Township Zoning Officer.

NONCONFORMING LOT A lot, the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reason of the adoption of this chapter or any revision or amendment hereto.

NONCONFORMING STRUCTURE A structure, the size, dimensions or location of which was lawful prior to the adoption, revision or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reason of the adoption, revision or amendment of this chapter.

NONCONFORMING USE A use or activity which was lawful prior to the adoption, revision or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reason of the adoption, revision or amendment of this chapter.

PARKING SPACE An off-street space available for the parking of a motor vehicle, which space in this chapter is held to be an area 10 feet wide and 20 feet long, exclusive of passageways and driveways appurtenant and giving access thereto. The width and length of each space shall be measured perpendicular to each other regardless of the angle of the "parking space" to the axis, aisle or driveway.

PLANNED COMMERCIAL DEVELOPMENT An area of minimum contiguous size, specified by this chapter, to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses, or both, and any residential or other uses incident to the predominate use as may be permitted by this chapter.

PLANNED INDUSTRIAL DEVELOPMENT An area of minimum contiguous size, as specified by this chapter, to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominate use as may be permitted by this chapter.

PORTABLE STORAGE CONTAINER Any container or other unit, consisting of four sides, a floor and a top, that is designed or used for the purpose of holding, transporting or storing items and/or materials, including but not limited to household goods, wares, building materials or merchandise, on a temporary or permanent basis, or for shipping such items and/or materials, and which can be transported from place to place by truck, train or ship. Notwithstanding the foregoing, all trailers and trucks that are currently registered, tagged and insured for use on public roads and are used by an agricultural, commercial or industrial operation to transport goods, products and materials from one location to another shall be excluded from the definition of "portable storage container."[Added 9-7-2010 by Ord. No. 16-14-2010]

PROFESSIONAL HOME OFFICE A professional office conducted entirely within a dwelling or structure occupied as the principal residence of the professional.

PROFESSIONAL OFFICE The office of a member of a recognized profession, including architects, artists, authors, dentists, doctors or lawyers, ministers, musicians, optometrists, professional engineers, veterinarians and such other similar professional occupations. The issuance of a state or local license for regulation of any gainful occupation need not be deemed indicative of professional standing.

RESTAURANT A commercial establishment where food and drink are prepared, served and consumed on the premises. As used in this chapter, a restaurant shall not include a fast-food restaurant where the food and drink are purchased at a counter and either eaten on the premises, in the purchaser's vehicle or off the premises. Those restaurants where food and drink are consumed only at tables on the premises and served either cafeteria style or by waiters and waitresses shall not be deemed fast-food restaurants. [Added 9-22-1988 by Ord. No. 6-13-88]

SETBACK LINE A line running parallel with the street line and being measured from the street line to the existing building or proposed building on the lot, in accordance with the distance requirements of this chapter. In the Byram Colony Zone, for lots abutting the Delaware River, or both the Delaware River and a public street, the setback line is a line running parallel with the line of the Delaware River and being measured from the line of the Delaware River to the existing building or proposed building on the lot, in accordance with the distance requirements of this chapter. [Amended 7-18-1980 by Ord. No. 4-6-80; 6-3-2003 by Ord. No. 12-6-2003]

SHOPPING CENTER Four or more retail establishments with a combined total gross floor area of 25,000 square feet or more built on one tract that is planned and developed as an operating unit; it provides on-site parking in definite relationship to the type and total size of the stores. The commercial establishments may be located in one or several buildings, attached or separated. [Added 7-26-1993 by Ord. No. 8-13-93]

SIGHT ASSISTANCE AREA A required open space unoccupied and unobstructed by any structure or portion of a structure, any growth or vegetation, except low-growing vegetation, and providing an area of clear view for a vehicle or vehicles leaving the driveway of a private property and entering a public road for the purposes of assisting in viewing traffic on the public road. The sight assistance area shall be maintained by the property owner, and the Township may bring an action to enforce its maintenance.

SITE PLAN A development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices; and any other information that may be reasonably required by the Planning Board or that is required by Article VII of this chapter in order to make an informed determination pursuant to this chapter.

SMALL WIND ENERGY SYSTEM A wind energy conversion system, consisting of a wind turbine, a tower, and associated control or conversion electronics, that is used to generate electricity and has a nameplate capacity of 100 kilowatts or less. [Added 8-4-2011 by Ord. No. 16-20-2011; amended3-1-2012 by Ord. No. 17-02-2012]

STEEP SLOPE An area of land where the slope exceeds 25%. [Added 3-7-2006 by Ord. No. 13-20-2006]

STORAGE TRAILER Any trailer which is not a utility trailer. This definition includes, by way of example and not by way of limitation, cargo vans, box trailers, flat trailers and tank trailers. [Added 6-21-1999 by Ord. No. 10-9-99]

STREET LINE The edge of the existing or future street right-of-way, whichever would result in the widest right- of-way, which line forms the dividing line between the street and a lot.

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. [Added 7-26-1993 by Ord. No. 8-13-93]

TRAILER Any vehicular portable structure, including storage trailers and utility trailers, built on a chassis designed for towing, to be towed and/or motorized self-propulsion whose primary use is as a temporary dwelling for travel, recreation, vacation and other short term uses and which may contain cooking, sleeping and sanitary facilities or is for the storage and transportation of goods or equipment. [Amended 6-21-1999 by Ord. No. 10-9-99]

UNCONSTRAINED LAND Those portions of a lot, tract, or parcel of land which are not encumbered by, used for, or otherwise dedicated to the following: areas of existing road and transmission rights-of-way and proposed new roads within the tract, areas of easements or rights-of-way required for widening of existing roads abutting the tract boundaries; areas of all existing easements and restrictive covenants; natural resource limitation areas, including floodplains, wetlands, NJDEP-required wetlands transition areas, areas deemed by NJDEP to be unavailable for development due to the presence of Special Water Resource Protection Areas for C-1 waters, streams, required stream buffer conservation areas, land under water and areas of slopes 20% or greater. [Added 4-25-2011 by Ord. No. 16-13-2011]

UTILITY TRAILER Any trailer which is utilized to transport produce, livestock, farm equipment, boats, motorcycles, racing cars, antique cars, snowmobiles, jet skis and other agricultural products or equipment or recreational equipment. [Added 6-21-1999 by Ord. No. 10-9-99]

YARD A required open space, unoccupied and unobstructed by any structure or portion of a structure from 12 inches above the general ground level of the graded lot upwards, except as otherwise permitted by this chapter; provided, however, that fences, walls, poles, posts and other customary lawn accessories, ornaments and furniture may be permitted in any yard subject to the provisions of this chapter governing height and those requirements limiting obstruction of visibility.

YARD, FRONT A yard extending between side lot lines across the front of a lot adjoining a street. In the Byram Colony Zone, for lots abutting the Delaware River, or both the Delaware River and a public street, the front yard is a yard extending between side lot lines across the front of the lot abutting the Delaware River. 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, or, in the Byram Colony Zone, horizontally and at right angles to the line of the Delaware River. The minimum front yard requirements shall be the same as required in this chapter. For corner lots, lots fronting on Class II or Class III common driveways, and lots abutting lands used or capable of use for a flag stem with fifty-foot frontage, the front yard setback shall be measured from each lot line fronting on a public street, on Class II or Class III common driveways, and abutting lands used or capable of use for a flag stem with fifty-foot frontage. [Amended 7-18-1980 by Ord. No. 4-6-80; 6-3-2003 by Ord. No. 12-6-2003]

YARD, REAR A yard extending between the side lot lines across the whole width of the lot and lying between the rear lot line and the closest point of the principal building on the lot. In the Byram Colony Zone, for those properties abutting the Delaware River, or both the Delaware River and a public street, the front yard is the area between the Delaware River and the principal building on the lot and the rear yard is the yard behind the front yard and the principal building on the lot. [Amended 6-3-2003 by Ord. No. 12-6-2003]

YARD, SIDE A yard extending along the side lot line from the front yard to the rear yard and lying between the side lot line and the nearest part of the principal building.

AFFORDABLE HOUSING DEVELOPMENT A development included in the Housing Element and Fair Share Plan and includes, but is not limited to, an inclusionary development, a municipal construction project or a one-hundred-percent affordable development.

COAH OR THE COUNCIL The New Jersey Council on Affordable Housing established under the Act which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the state.

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

DEVELOPMENT FEE Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.

EQUALIZED ASSESSED VALUE The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with �� 1, 5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).

GREEN BUILDING STRATEGIES Those strategies that minimize the impact of development on the environment and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.

APPEAL A request for a review of the Zoning Officer's interpretation of any provision of this section or a request for a variance.

AREA OF SHALLOW FLOODING A designated AO, AH, or VO zone on a community's Digital Flood Insurance Rate Map (DFIRM) with a one-percent-annual-or-greater 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 may be 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. A basement may or may not include habitable floor area. [Amended 4-12-2010 by Ord. No. 16-04-2010]

BREAKAWAY WALL A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.

CELLAR Any area of a building having its floor sub-grade (below ground level) on all sides that is used only for mechanical equipment accessory to the principal structure or for inhabitable space. [Added 4-12-2010 by Ord. No. 16-04-2010]

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

DIGITAL FLOOD INSURANCE RATE MAP (DFIRM) 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.

ELEVATED BUILDING

(1) A non-basement building:

(a) Built in the case of a building in an area of special flood hazard to have the top of the elevated floor elevated above the ground level by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water; and

(b) Adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood.

(2) 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 OR FLOODING A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters; and/or

(2) The unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD INSURANCE STUDY (FIS) The official report in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.

FLOODPLAIN MANAGEMENT REGULATIONS Zoning ordinances, subdivision regulations, construction 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.

HIGHEST ADJACENT GRADE The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE Any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

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

(3) 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

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

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

(b) 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 building's lowest floor, provided that such enclosure is not built so to render the structure in violation of other applicable nonelevation design requirements.

MANUFACTURED HOME A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

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.

NEW MANUFACTURED HOME PARK OR SUBDIVISION A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by the municipality.

RECREATIONAL VEHICLE A vehicle which is:

(1) Built on a single chassis;

(2) Four hundred square feet or less when measured at the longest horizontal projections;

(3) Designed to be self-propelled or permanently towable by a light duty truck; and

(4) 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 (P.L. No. 97-348; 16 U.S.C. 3501 et seq.), includes substantial improvements and means the date the construction 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, a manufactured home, 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:

(1) 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

(2) Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an a "historic structure."

TOWNSHIP The Township of Kingwood, in the County of Hunterdon, New Jersey.

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

LIVE-WORK UNITS - Shall mean any dwelling unit that includes attached work space, whether shared in common with other dwelling units as a "limited common element" of a condominium or used exclusively by the occupant of the dwelling unit. Such attached work space may include a kitchen and recreational space to facilitate live-work activities, but shall not constitute a separate dwelling unit.

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

CO-HOUSING UNITS - Shall mean dwelling units within one or more buildings with common facilities such as a large kitchen and dining room where residents can take turns cooking for each other. Other facilities may include a laundry, pool, child care facilities, offices, internet access, guest rooms, game room, TV room, tool room or a gym. Through spatial design and shared social and management activities, cohousing facilitates intergenerational interaction among neighbors. There are also economic and environmental benefits to sharing resources, space and items.

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

ARTISAN LOFT BUILDINGS - Shall mean buildings with open floor plans in a loft style that are adaptable to use by artisans, craftsmen, artist work spaces, studios, etc. of various sizes and configurations and where support facilities are shared by various commercial tenants or unit owners in a fashion similar to a business "incubator" in order to keep costs affordable for start-up enterprises.

**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 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.

BACKHAUL NETWORK 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.

CO-LOCATION With respect to wireless telecommunications providers of cellular communications and personal communication services, the joint use by two or more providers of the same site and/or tower for their wireless communications facilities and antennae.

FAA The Federal Aviation Administration.

FCC The Federal Communications Commission.

HEIGHT When referring to a tower or other structure, the distance measured from the lowest grade of the base of the tower to the highest point on the tower or other structure, including the base pad and any antennae.

PREEXISTING TOWERS AND PREEXISTING ANTENNAE Any tower or antennae for which a building permit or other permit has been properly issued prior to the effective date of this section, including permitted towers or antennae that have not yet been constructed, so long as such approval is current and not expired, and including any tower or antennae that is presently a permitted use pursuant to the Township Code on property owned, leased or otherwise controlled by the Township of Kingwood.

WIRELESS COMMUNICATION TOWER Any structure that is designed and constructed primarily for the purpose of supporting one or more antennae for telephone, radio and similar communication purpose, including self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto.

CONSTRUCTION Any site preparation, assembly, erection, repair, alteration or similar action of buildings or structures.

DB(C) The sound level as measured using the "C" weighting network with a sound level meter meeting the standards set forth in ANSI S1.4-1983 or its successors. The unit of reporting is dB(C). The "C" weighting network is more sensitive to low frequencies than is the "A" weighting network.

DEMOLITION Any dismantling, destruction or removal of buildings, structures, or roadways.

DEPARTMENT The New Jersey Department of Environmental Protection.

EMERGENCY WORK Any work or action necessary at the site of an emergency, including a residential site, to restore or deliver essential services, including, but not limited to, repairing water, gas, electricity, telephone or sewer facilities, or public transportation facilities, removing fallen trees on public rights-of-way, dredging navigational waterways, or abating life-threatening conditions or a state of emergency declared by a governing agency.

IMPULSIVE SOUND Either a single pressure peak or a single burst (multiple pressure peaks) that has a duration of less than one second.

MINOR VIOLATION A violation that is not the result of the purposeful, reckless or criminally negligent conduct of the alleged violator; and/or the activity or condition constituting the violation has not been the subject of an enforcement action by any authorized local, county or state enforcement agency against the violator within the immediately preceding 12 months for the same or substantially similar violation.

MOTOR VEHICLE Any vehicle that is propelled other than by human or animal power on land.

MUFFLER A properly functioning sound-dissipative device or system for abating the sound on engines or equipment where such device is part of the normal configuration of the equipment.

MULTI-DWELLING-UNIT BUILDING Any building comprising two or more dwelling units, including, but not limited to, apartments, condominiums, co-ops, multiple-family houses, townhouses, and attached residences.

MULTI-USE PROPERTY Any distinct parcel of land that is used for more than one category of activity. Examples include, but are not limited to:

(a) A commercial, residential, industrial or public service property having boilers, incinerators, elevators, automatic garage doors, air conditioners, laundry rooms, utility provisions, or health and recreational facilities, or other similar devices or areas, either in the interior or on the exterior of the building, which may be a source of elevated sound levels at another category on the same distinct parcel of land; or

(b) A building that is both commercial property (usually on the ground floor) and residential property, located above, below or otherwise adjacent thereto.

NOISE CONTROL INVESTIGATOR (NCI) An employee of a municipality, county or regional health commission that has a Department-approved model noise control ordinance and the employee has not received noise enforcement training as specified by the Department in N.J.A.C. 7:29. However, he/she is knowledgeable about the model noise ordinance and enforcement procedures. A Noise Control Investigator may only enforce sections of the ordinance that do not require the use of a sound level meter. The employee must be acting within his or her designated jurisdiction and must be authorized to issue a summons.

NOISE CONTROL OFFICER (NCO) An employee of a local, county or regional health agency which is certified pursuant to the County Environmental Health Act (N.J.S.A. 26:3A2-21 et seq.) to perform noise enforcement activities or an employee of a municipality with a Department-approved model noise control ordinance. All NCOs must receive noise enforcement training as specified by the Department in N.J.A.C. 7:29 and be currently certified in noise enforcement. The employee must be acting within his or her designated jurisdiction and must be authorized to issue a summons.

PLAINLY AUDIBLE Any sound that can be detected by an NCO or an NCI using his or her unaided hearing faculties of normal acuity. As an example, if the sound source under investigation is a portable or vehicular sound amplification or reproduction device, the detection of the rhythmic bass component of the music is sufficient to verify plainly audible sound. The NCO or NCI need not determine the title, specific words, or the artist performing the song.

PRIVATE RIGHT-OF-WAY Any street, avenue, boulevard, road, highway, sidewalk, alley or easement that is owned, leased, or controlled by a nongovernmental entity.

PUBLIC RIGHT-OF-WAY Any street, avenue, boulevard, road, highway, sidewalk, alley or easement that is owned, leased, or controlled by a governmental entity.

PUBLIC SPACE Any real property or structures thereon that are owned, leased, or controlled by a governmental entity.

REAL PROPERTY LINE Either the vertical boundary that separates one parcel of property (i.e., lot and block) from another residential or commercial property; the vertical and horizontal boundaries of a dwelling unit that is part of a multi-dwelling-unit building; or, on a multi-use property as defined herein, the vertical or horizontal boundaries between the two portions of the property on which different categories of activity are being performed (e.g., if the multi-use property is a building which is residential upstairs and commercial downstairs, then the real property line would be the interface between the residential area and the commercial area, or if there is an outdoor sound source such as an HVAC unit on the same parcel of property, the boundary line is the exterior wall of the receiving unit). [Note: This definition shall not apply to a commercial source and a commercial receptor which are both located on the same parcel of property (e.g., a strip mall).]

SOUND PRODUCTION DEVICE Any device whose primary function is the production of sound, including but not limited to any musical instrument, loudspeaker, radio, television, digital or analog music player, public address system or sound-amplifying equipment.

SOUND REDUCTION DEVICE Any device, such as a muffler, baffle, shroud, jacket, enclosure, isolator, or dampener provided by the manufacturer with the equipment, or that is otherwise required, that mitigates the sound emissions of the equipment.

WEEKDAY Any day that is not a federal holiday, and beginning on Monday at 7:00 a.m. and ending on the following Friday at 6:00 p.m.

WEEKEND Beginning on Friday at 6:00 p.m. and ending on the following Monday at 7:00 a.m.

ACTIVITY The type of business or use conducted upon the parcel of land.

ADVERTISING GRAPHICS Graphics which direct attention to an individual, business, product, commodity or service conducted, sold or offered elsewhere than on the premises where the sign is located (for example, a billboard).

ANIMATED GRAPHICS

A. The movement of a sign body or any segment thereof, such as rotating, revolving, moving up or down or any other type of action involving a change of position of a sign body or segment thereof, whether caused by mechanical, illusional or other means.

B. A lighted sign on an intermittent or flashing circuit or the movement of any light used in connection with any sign, such as blinking, traveling, flaring or changing degree of intensity.

ARCHITECTURAL GRAPHICS Letters, symbols, shapes or words incorporated into any portion of a building and which can be recognized as such.

ATTRACTION BOARD A street graphic so constructed that all items of information are presented in print or electronic form and can be readily interchanged.

BANNERS AND PENNANTS Advertising devices affixed to poles, wires or ropes and made of cloth or plastic materials. Governmental flags are excluded from this definition.

CANOPIES AND AWNINGS Forms of permanent, temporary or portable roof-like coverings for entrances, window, etc.

CUT-OUT LETTER Any figure cut in the shape of a letter and supported independently on an awning or directly on a wall of a building. Any frame, artificial background or background support enclosing any letters excludes a letter from the classification of "cut-out."

CHANGEABLE COPY SIGN A sign on which the items of information are presented in print or electronic form and may be easily changed, either manually or electronically.

DIRECTIONAL GRAPHIC An advertising graphic located within the Township giving information and direction to an individual, business, products, commodity or service conducted, sold or offered at a location within the Township of Kingwood but not on the roadway along which the directional graphic is located.

EAVES The projecting overhang at the lower edge of a roof.

FRONT OR FRONTAGE Surfaces of any building or facility that present themselves to a public right-of-way giving immediate access to the premises.

GRAPHICS Any device used for visual communication, including signs.

GROUND GRAPHICS A freestanding sign detached from any building.

INDIRECT LIGHTING The use of fluorescent and other vapor light or incandescent lighting set apart from but directed towards the surface of the street graphic.

INTERIOR LIGHTING The use of fluorescent and other vapor light or incandescent lighting to illuminate a street graphic from behind the lettering or from inside the graphic structure.

ITEMS OF INFORMATION A syllable, abbreviation, number, symbol, any geometric shape or broken plane. In computing items of information, the following lettering is not to be included:

A. Lettering less than three inches in height if it is contained in a wall graphic.

B. Letters less than 19 inches in height carved into or securely attached in such a way that they are an architectural detail of a building.

LANDSCAPE GRAPHICS Signs created through the use of plant materials, ground forms, rocks and other natural materials.

NEIGHBORHOOD IDENTIFICATION SIGN A graphic identifying the entrance to a particular subdivision or other housing project which is recognized by a given name.

ON-PREMISES DIRECTIONAL AND CONTROL GRAPHICS Signs erected on private property for the purpose of directing or controlling on-premises pedestrian or vehicular movement.

PERMANENT WINDOW GRAPHICS Any window graphic which is displayed in a window for more than 14 consecutive days.

POLITICAL GRAPHICS Graphics advertising candidates for political office or involving a ballot issue.

PROJECTING GRAPHICS A graphic attached to a building or other structure and extending from the building wall or structure, including canopies and awnings which contain items of information.

READER BOARD A graphic displaying movable or changing characters, whether in print or electronic, for presentation of a message displayed for less than five continuous minutes.

RESIDENTIAL NAMEPLATE A graphic permitted for the sole purpose of identifying the inhabitants residing therein, the house name or the address.

ROOFLINE Highest continuous horizontal line of a roof. On a sloping roof, the roofline is the principal ridge line or the highest line common to one or more principal slopes of the roof. On a flat roof, the roofline is the highest continuous line of the roof or parapet, whichever is higher.

SIGNS Any device employing letters, words, symbols, etc., used or intended to attract the attention of the public from streets, sidewalks or other outside public areas. (See "street graphics.")

SIGNABLE WALL AREA The area of the facade of a building up to the roofline which is free of doors, windows or major architectural details and can be enclosed by an imaginary rectangle.

SPINNERS OR PROPELLERS Plastic, wood or metal objects attached to a wire and which spin in the wind.

STREAMERS Long, narrow, ribbon-like pieces of fabric or plastic less than one-foot wide, which flutter or blow in the wind.

STREET GRAPHICS Every sign, bulletin board, projecting graphic, attraction board, ground graphic, wall graphic, reader board, window graphic, illuminated sign, projecting sign, official sign, including any item of information, letter, word, number, logo, symbol or combination thereof; model, mural, decoration, banner, flag, pennant, clock, thermometer, insignia, light or combination of lights, used or placed as an announcement or declaration to identify, advertise or promote the interest of any person, place, product or corporation when the same is placed in view of the general public from outside the structure (including interior window signs) on which it is placed.

TEMPORARY WINDOW GRAPHICS Any window graphic which is displayed in a window for not more than 14 consecutive days.

WALL GRAPHICS A sign attached to, painted on or erected against a wall or flat vertical surface of a structure with the exposed face of the sign on a plane parallel to the face of said vertical surface.

WINDOW GRAPHICS All signs attached to or applied directly onto the internal or external surface or set back less than four feet from the interior surface of any window in view of the general public from outside the structure.