ACT - N.J.S.A. 40:48-1 et seq. and 58:16A-50 et seq.

APPEAL - A request for a review of the interpretation of any provision of this chapter or a request for a variation.

APPLICANT - The owner or lawful developer of the property for which a permit is sought.

AREA OF SHALLOW FLOODING - A designated AO or VO Zone on Howell Township's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet, where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

AREA OF SPECIAL FLOOD HAZARD - The land in the floodplain within Howell Township 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.

CHANNEL - A watercourse with a definite bed and banks which confine and conduct, continuously or intermittently, flowing water.

COUNCIL - The Township Council of the Township of Howell.

DELINEATED FLOODWAY - Any floodway adopted by the Department of Environmental Protection of the State of New Jersey.

DEVELOPMENT - Any man-made change to improved or unimproved real estate, as part of a site plan, subdivision, soil removal and filling permit application, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, or excavation located within the area of special flood hazard.

ENCROACHMENT - Any obstruction within a delineated floodway.

ENVIRONMENTAL COMMISSION - A unit of municipal government authorized under N.J.S.A. 40:56A-1 et seq.

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

EXCAVATION - Removal or recovery by any means whatsoever of minerals, mineral substances or organic substances, other than vegetation, from the water, land surface or beneath the land surface, whether exposed or submerged. Normal agricultural activities shall not be considered to be excavation.

FILL - Sand, gravel, earth or other select materials of equal quality placed or deposited within the floodway so as to form an embankment or raise the elevation of the land surface.

FLOOD DAMAGE POTENTIAL - The susceptibility of a floodplain use at a particular site to damage by potential floods at that site, as well as increased off-site flooding or flood-related damages caused by such floodplain use.

FLOOD OR FLOODING - A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland watercourses.

FLOOD FRINGE - That portion of the floodplain not designated as the floodway.

FLOOD HAZARD AREA - The floodway and any additional portions of the floodplain as determined in accordance with the provisions of § 154-9 of this chapter or by virtue of designation by the State of New Jersey, Department of Environmental Protection.

FLOOD INSURANCE RATE MAP (FIRM) - The official map on which the Federal Emergency Management Agency (Federal Insurance Administration) has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY - The official report in which the Federal Emergency Management Agency (Federal Insurance Administration) has provided flood profiles, as well as the Flood Boundary Floodway Map and the water surface elevation of the base flood.

FLOODPLAIN - The elevation of the one-hundred-year storm or, in the absence of this, the standards set down in § 154-9.

FLOODPLAIN PERMIT - A permit issued by the Township of Howell under the provisions of this chapter.

FLOODWAY - The channel of a natural stream and portions of the flood hazard area adjoining the channel which are reasonably required to carry and discharge the floodwater or floodflow of any natural stream.

GROUNDWATER - Subsurface water.

HAZARDOUS MATERIALS - Any waste or combination of waste which poses a present or potential threat to human health, living organisms or the environment. It shall include waste material that is toxic, corrosive, irritating or sensitizing, radioactive, biologically infectious, explosive, or flammable. It includes, but need not be limited to, those materials and concentrations of materials that are determined to be toxic by the Federal Secretary of Health, Education and Welfare pursuant to section 20(6) of the Occupational Safety and Health Act of 1970 (Public Law 91-596, OSHA) and those materials listed in the current Part 172, Title 49 of the Code of Federal Regulations issued by the Federal Department of Transportation.

NEW CONSTRUCTION - Structures for which the start of construction commenced on or after the effective date of this chapter.

OBSTRUCTION - Includes but is not limited to any structure, fill or other materials placed in, along, across, or projecting into any floodway which may impede, retard or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water or that is placed where the flow of water might carry the same downstream to the damage of life or property.

PERSON - Any corporation, company, association, society, firm, partnership and joint-stock company, as well as any individual, the state, and all political subdivisions of the state or any agency or instrumentality thereof.

PESTICIDE - Any substance or mixture of substances labeled, designed, or intended for use in preventing, destroying, repelling, sterilizing or mitigating any insects, rodents, nemotodes, predatory animals, fungi, weeds and other forms of plant or animal life or viruses, except viruses on or in living man or other animals. The term "pesticide" shall also include any substance or mixture of substances labeled, designed or intended for use as defoliant, desiccant, or plant regulator.

PETROLEUM PRODUCTS - Oil, petroleum of any kind and in any form, including crude oils and derivatives of crude oils, whether alone, as sludge, oil or refuse or mixed with other wastes.

PROHIBITED USE - Any floodway use which shall not be allowed under any circumstances.

RADIOACTIVE MATERIAL - Any natural or artificially produced substance or combination of substances which emit radiation spontaneously.

RATE OF LOCAL RUNOFF - The quantity of water which will move across the land surface at the site of the proposed use under the influence of gravity.

REGULATED USE - Any use which requires a permit under this chapter.

SEDIMENTATION - The depositing of soils by water.

SOIL CONSERVATION DISTRICT - A political subdivision of the State of New Jersey authorized under N.J.S.A. 4:24-2 et seq.

SOLID WASTE - Garbage, sludge, refuse, trash, rubbish, debris or other discarded solid materials, and those streams delineated on the Howell Township Stream Naming Map.

STREAM - A blue line on the USGS Maps and/or those streams delineated on the Howell Township Natural Resources Inventory or the Howell Stream Naming Map.

STRUCTURE - Any assembly of materials above or below the surface of land or water, including but not limited to buildings, fences, except as provided in §154-6 of this chapter, dams, bulkheads, dikes, jetties, embankments, culverts, roads, railroads, bridges and the facilities of any utility or governmental agency.

SURFACE WATER - Water on the land surface.

ACCESSORY USE OR BUILDING A subordinate use, the purpose of which is incidental to that of main use or buildings on the same lot, excluding that of a deck.

ADMINISTRATIVE OFFICER The Land Use Officer of the Township of Howell. There shall be two deputy administrative officers one of whom shall be the administrative secretary of the Planning Board who shall assist the Land Use Officer in the processing of applications to the Planning Board and the other of whom shall be the administrative secretary of the Zoning Board of Adjustment who shall assist the Land Use Officer in applications to the Zoning Board of Adjustment.

ADULT CABARET A building or portion of a building regularly featuring dancing or other live entertainment if the dancing or entertainment that constitutes the primary live entertainment is distinguished or characterized by an emphasis on the exhibiting of specific sexual activities or specified anatomical areas for observation by patrons therein. [Added 5-15-2007 by Ord. No. 0-07-19]

ADULT DAY-CARE CENTER A senior care location that is open during normal business hours which provides nonmedical care services, supervision, and social interaction for the elderly. Stand-alone facilities shall be considered as principal uses. Adult day-care facilities shall be accessory uses in skilled nursing facilities and assisted living facilities to the extent that any such facilities exist. [Added 4-9-2013 by Ord. No. 0-13-07]

ADULT MEDIA Magazines, books, videotapes, movies, slides, CD-ROMs, DVDs or other devices used to record images, or other media that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to explicit sexual material. [Added 5-15-2007 by Ord. No. 0-07-19]

ADULT MEDIA STORE An establishment that rents and/or sells adult media or explicit sexual material, and that advertises or holds itself out in any forum as "XXX," "Adult," "sex," or otherwise as a sexually oriented business. [Added 5-15-2007 by Ord. No. 0-07-19]

ADULT MOTION-PICTURE THEATER An establishment emphasizing or predominantly showing sexually oriented movies. [Added 5-15-2007 by Ord. No. 0-07-19]

AGRICULTURAL USE Land which is devoted to the production of plants and animals useful to man, including but not limited to forages, and sod crops, grain and feed crops; dairy animals and dairy products; livestock, including beef, cattle, sheep, swine, horses, ponies, mules or goats, including the breeding, boarding, training and grazing of any or all such animals except that livestock shall not include dogs; 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. [Amended 10-16-2007 by Ord. No. O-07-41]

ANTENNA A conventional apparatus other than an earth or ground terminal used for the reception of television, radio and amateur radio communications.

APARTMENT OR DWELLING UNIT A room, or suite of two or more rooms, which is designed for, intended for or occupied by one family living as an independent unit doing its own cooking.

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, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.

APPROVING AUTHORITY The Planning Board unless a different agency is designated in the text of this chapter when acting pursuant to the authority of the Municipal Land Use Law.

AUTOMOBILE SERVICE STATION Any premises used for the retail sale of gasoline, oil or other products necessary for the maintenance and operation of motor vehicles and for servicing and minor repairs thereof.

AUTOMOBILE WRECKING See "junkyard."

BASEMENT A story partly underground and having more than 1/2 of its height above ground.

BOARD OF ADJUSTMENT The board established pursuant to N.J.S.A. 40:55D-69 of the Municipal Land Use Law.

BUILDABLE AREA The portion of any lot not included in required yard areas.

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

BUILDING COVERAGE The ratio of building area to lot area, expressed as a percentage.

BUILDING HEIGHT The vertical distance measured from the average elevation of the finished grade five feet from the foundation to the highest point of a flat or shed roof, to the deckline of a mansard roof, and to the average distance between the ridge and eaves for gable, hip or gambrel roofs.

BULK SOLID WASTE CONTAINER A container intended for construction waste material or other refuse, excluding garbage, for the purpose of removing said material from a site. [Added 11-12-2014 by Ord. No. 0-14-32]

CELLAR A story partly underground which has less than half its height above ground level.

CHARITABLE ORGANIZATION Any benevolent, philanthropic, patriotic, eleemosynary, fraternal and religious organizations which are tax exempt organizations pursuant Section 501(c) or (d) of the Internal Revenue Code of 1986.

CIRCULATION Systems, structures and physical improvements for the movement of the 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.

CLUB POOLS AND RECREATION AREAS An area devoted to a use of property which allows the public to take an active part in games, sports, hobbies, cookouts, picnics, nature walks, swimming, water sports and similar informal activities enjoyed out of doors. It shall not include the holding of such activities as theater, plays, concerts, or the like, or any other activity which encourages large gatherings of people in one area at one time and their nearly simultaneous arrival and departure, all of which make such uses inappropriate and incompatible with a residential area, whether such activities are held indoors or out of doors.

COAH The New Jersey Council on Affordable Housing established under the Fair Housing Act and which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning considerations in the state. [Added 11-15-2004 by Ord. No. 0-04-63]

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 the residents and owners of the development.

COMMUNITY DEVELOPMENT CONDITIONALLY EXEMPT SITE PLAN REVIEW COMMITTEE There is hereby established a Community Development Conditionally Exempt Site Plan Review Committee whose purpose is to review and approve/disapprove conditionally exempt site plans that are conditionally exempt from site plan approval from the Planning Board or the Zoning Board as provided in § 188-110. The membership of the Committee shall consist of the Director of Land Use/Planning and Zoning, Township Engineer, Director of Community Development and Township Attorney. [Added 8-20-2013 by Ord. No. 0-13-15]

COMPLETE APPLICATION An application that has been deemed complete for the purposes of certification and commencing the applicable time periods for action by the approving authority that all forms and maps and accompanying documents required by the checklist adopted by this chapter are filed with the Planning Board or Zoning Board of Adjustment. The approving authority may require such additional information not specified in this chapter or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application have been made. An application shall be certified as complete immediately upon the meeting of all requirements specified in the checklist adopted by this chapter. It shall be deemed complete as of the day it is so certified by the administrative officer for purposes of commencement of the time periods for action by the Planning Board or Zoning Board of Adjustment. If the applicant requests that one or more of the submission requirements be waived, the approving authority shall grant or deny the request within 45 days thereafter, and the application shall not be deemed complete, if the request is denied, until 45 days after the submission requirements not waived have been submitted by the applicant to the approving authority.

COMPOSTING A controlled process of degrading organic matter by microorganisms.

CONDITIONALLY EXEMPT SITE PLAN A site plan that meets the requirements set forth in § 188-110. [Added 8-20-2013 by Ord. No. 0-13-15]

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.

CONSTRUCTION TRAILER/CONTAINER/PORTABLE STRUCTURE A trailer, portable temporary container, or portable structure with or without axles and wheels intended to support construction activity at a site with an active building permit. [Added 11-12-2014 by Ord. No. 0-14-32]

CRITICAL AREA For purposes of the Recreational-Residential Community Zone (RFC) hereinafter created, land exhibiting slope, alluvial soils, seasonal high-water table and as specifically shown on the Howell Township Natural Resource Inventory, Plates No. 1 and 6, as delineated wetland areas as determined by the United States Corps of Engineers.

DAYS Calendar days.

DECK See "structure."

DEVELOPER The legal or beneficial owners 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 through 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 other structure or land or extension of use of land, for which provision may be required pursuant to this chapter.

DEVELOPMENT PERMIT A document signed by the administrative officer which is required by this chapter as a condition precedent to the commencement of a use or the erection, construction, alteration, conversion or installation of a structure or building for which an applicant has secured subdivision and/or site plan approval from a municipal agency; and which acknowledges that such use, structure or building complies with the provisions of this chapter or any variances therefrom duly authorized by a municipal agency under the provisions of the Municipal Land Use Law.

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 prevention or alleviation of flooding.

DRAINAGE RIGHT-OF-WAY The lands required for the installation of stormwater sewers or drainage ditches, or requiring along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter One of Title 58 of the Revised Statutes.

DWELLING, DUPLEX A detached or semidetached building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced, except for access to outside or to a common cellar.

DWELLING, MULTIPLE A building containing more than two dwelling units.

DWELLING, SINGLE-FAMILY A detached building designed for and occupied exclusively by one family as a single unit.

EARTH ANTENNA OR GROUND TERMINAL Any apparatus or device, commonly known as an earth terminal antenna, earth terminal, earth station, satellite communications antenna, satellite antenna, microwave dish antenna, or dish antenna and including as part of such apparatus or device the main reflector, subreflector, feed, amplifier and support structure which is designed for the purpose of transmitting and/or receiving microwave, television, radio, satellite or other electromagnetic energy signals into or from space, but not including conventional personal television and radio and amateur radio antenna.

EARTH TERMINAL, COMMERCIAL Any type of earth terminal not defined as a personal earth terminal.

EARTH TERMINAL, PERSONAL Any type of earth terminal not defined as a personal earth terminal.

ENVIRONMENTAL COMMISSION The Environmental Commission of the Township of Howell created pursuant to 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.

EXPLICIT SEXUAL MATERIAL Stock-in-trade within an establishment that includes sexually oriented toys or novelties and media that is characterized by sexual activity which depicts human genitals is a state of sexual stimulation or arousal or acts of human masturbation, sexual intercourse, sodomy, or fondling or other erotic touching of human genitals, pubic region, buttock, or female breast. [Added 5-15-2007 by Ord. No. 0-07-19]

FAMILY One or more persons related by blood, adoption or marriage, living and cooking together, as a single housekeeping unit, exclusive of household servants. A number of persons, but not exceeding two, living and cooking together as a single housekeeping unit though not related by blood, adoption or marriage, shall be deemed to constitute a family.

FARMING Agricultural or horticultural activity as defined in this chapter.

FENCE Any structure or partition erected for the purpose of enclosing a piece of land, or to divide a piece of land into two distinct portions or to separate two contiguous lots.

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 guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees. Said map, and other documents as required in Articles XIII and XIV shall be submitted within three years of the date of preliminary approval or extension. The duration of said final approval shall be as set forth in N.J.S.A. 40:55D-52. [Amended 12-16-2003 by Ord. No. 0-03-43]

FINAL PLAT The final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with these regulations and meeting the requirements of Articles XIII and XIV of this chapter. Said map, and other documents as required in Articles XIII and XIV shall be submitted within three years of the date of preliminary approval or extension. The duration of said final approval shall be as set forth in N.J.S.A. 40:55D-52. [Amended 12-16-2003 by Ord. No. 0-03-43]

FINAL SITE PLAN The final map of all or a portion of the site which is presented to the Planning Board for final approval pursuant to Article XII of this chapter.

FLEA MARKET For purposes of this chapter and any other provisions of this Code, a single location within the Township of Howell wherein there are multiple vendors who have paid a fee for the privilege of occupying the space allotted to each vendor for the purpose of displaying and selling items of tangible personal property. Said location may be either open, enclosed or a combination of both. An "enclosed flea market" shall mean a flea market at a single location enclosed in a building or structure, rather than an open area not enclosed by a building or structure.

FLOOR AREA The total floor area measured from the outside dimensions of the structure; in residential structures, only those floor areas which have a ceiling height of seven feet six inches or more shall be eligible for inclusion in floor area; and in addition to and not in limitation of the foregoing, also excluding porches (open or closed), garages, cellars, finished, or unfinished steps, terraces, cornices, eaves, gutters, bay windows and chimneys projected beyond the exterior face of the walls of the structure.

FRONT YARD The area extending across the full width of a noncorner lot along a perpendicular line between the street line of and the front of the building on such lot. The front of the building shall be determined by the designation as such in an architectural rendering of such building. If no such rendering is available, such determination shall be established based on custom and usage. Notwithstanding the foregoing, for all corner lots, "front yard" shall mean the area extending along a perpendicular line between the street line of and any part of the building on such lot.

GARAGES :

       (1) PUBLIC GARAGE - A building or part of a building or premises which is operated for commercial purposes and used for the storage, care or repair of motor vehicles, but a public garage shall not be used for the storage of dismantled or wrecked motor vehicles or parts thereof.

       (2) PRIVATE GARAGE - Buildings used for housing or storing of operating self-propelled motor vehicles.

GASOLINE STATION AND CONVENIENCE CENTER A gasoline station and convenience store located on the same lot and planned and operated and maintained as an integrated operation. The term may include accessory on-premises consumption of food and beverages sold on site. [Added 12-13-2011 by Ord. No. 0-11-47]

GROSS ACRES The total area included within the lot lines, as defined under "lot area."

HORTICULTURAL USE Land which is devoted to the production of fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse 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.

IMPROVED PUBLIC ROAD Any street which has been dedicated and accepted prior to the adoption of this chapter, or which complies in width and construction with the standards set forth in the land subdivision regulations of Articles XIII and XIV of this chapter, and any amendments thereto, and has been accepted by the Township of Howell.

INCINERATION A controlled process of consuming sludge, solid waste or waste by fire so as to burn to ashes.

INTERESTED PARTY :

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

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

INTERIOR DRIVEWAYS A section of pavement, not a thoroughfare, lying entirely upon private property, over which no right-of-way for public travel exists.

JUNKYARD The use of any lot for the storage, keeping or abandonment of junk, including scrap metals or other scrap, used for secondhand material, or for the dismantling, demolition or abandonment of structures, automobiles or other vehicles, equipment and machinery or parts thereof; provided, however, that this definition shall not be deemed to include any of the foregoing uses which are accessory and incidental to any agricultural or industrial use permitted in any zone. The term "junkyard" as herein defined includes automobile wrecking yards.

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

LANDFILL A disposal site in which refuse and earth or other suitable cover material are deposited and compacted in alternate layers of specified depth in accordance with an approved plan.

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 open as a unit.

LOT AREA The total horizontal area included within lot lines. Where the front lot line is the center line of a street or lies in part or in whole in the street area, the lot area shall not include that part of the lot in use or to be used as the street.

LOT, CORNER A lot having at least two adjacent sides fronting on intersecting streets.

LOT DEPTH The shortest horizontal distance between the front line and a line drawn parallel to the front lot line through the midpoint of the rear lot line providing that in triangle lots having no rear lot line the distance shall be measured to the mid-point of a line parallel to the front lot line which parallel line shall not be less than 20 feet in length measured between its intersections with the side lot lines.

LOT FRONTAGE That portion of a lot extending along a street line. In existing odd-shaped or triangle-shaped lots or proposed lots extending along a curved street line, the length of the frontage may be considered to be the same as the lot width except that such length of frontage shall not be less than 1/2 of the minimum frontage required and in no case less than 50 feet in length as measured along the street line, except as otherwise provided in this chapter.

LOT WIDTH The mean horizontal width measured at right angles to a lot depth.

LOW INCOME Fifty percent or less of the median gross household income for households of the same size within the housing region in which the household is located, based upon the United States Department of Housing and Urban Development's (HUD) Section 8 income limits (uncapped) averaged across counties for COAH's housing region. [Added 11-15-2004 by Ord. No. 0-04-63]

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

MAJOR SUBDIVISION All subdivisions not classified as minor subdivisions.

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

MINOR SITE PLAN A development plan of a lot on which is shown existing and proposed conditions and other information and data as specified in § 188-111. [Added 8-20-2013 by Ord. No. 0-13-15]

MINOR SUBDIVISION Any subdivision containing not more than three lots, not involving any new street or road or the extension of off-tract improvements, and not involving property which was formerly part of a tract, for which subdivision approval has been previously granted dividing the original tract into three or more lots.

MODERATE INCOME More than 50% but less than 80% of the median gross household income for households of the same size within the housing region in which the household is located, based upon the United States Department of Housing and Urban Development's (HUD) Section 8 income limits (uncapped) averaged across counties for COAH's housing region. [Added 11-15-2004 by Ord. No. 0-04-63]

MUNICIPAL AGENCY The Planning Board, Board of Adjustment or governing body when acting pursuant to this chapter.

NATURAL RESOURCE INVENTORY A report dated February 1976 prepared by Tectonic for the Howell Township Environmental Commission.

NONCONFORMING LOT A lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but fails to conform to the requirements of the zoning district in which it is located by reasons 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 the Zoning Ordinance but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision, or amendment.

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

OFFICIAL MAP A map adopted in accordance with N.J.S.A. 40:55D-32 et seq. Such map shall be deemed to be conclusive with respect to the location and width of the streets, public areas, flood control basins, and public drainageways shown thereon.

OFF SITE Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or 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 SPACES Any parcel of land 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 area may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designated to be incidental to the natural openness of the land. Open space may include farm land set aside in perpetuity intended for the preservation of the farming use. [Amended 3-4-2002 by Ord. No. 0-02-6]

PARKING SPACE An area either within a structure or in the open for the parking of motor vehicles. The area of a parking space is intended to be of sufficient area to accommodate the exterior extremities of the vehicles, whether in addition thereto wheel blocks are installed within this area to prevent the bumper from overhanging one end of the parking space. The width and length of each space shall be measured perpendicular to each other and shall be as required by the provisions of this chapter, regardless of the angle of the parking space to the access aisle or driveway.

PERFORMANCE GUARANTEE Any security, which may be accepted by the Township of Howell, including cash.

PLANNED RECREATIONAL - RESIDENTIAL COMMUNITY An area within a specified zone to be developed with combined recreational and residential uses which shall provide for one or more residential clusters of single-family detached dwelling units and developed in conjunction with certain specified recreational entities including, but not limited to, golf courses, and which shall provide for dedicated recreational areas and dedicated open space and which shall be designed to maximize the preservation of recreational area, open space and the environment.

PLANNING BOARD The Planning Board of the Township of Howell.

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

PORTABLE STORAGE CONTAINER A self-storage container that is delivered to and retrieved from a home or business for long-term off-site or on-site storage. Portable Storage On Demand or "PODS" is a familiar trade name for such containers. These containers are not on a chassis and do not have axles or wheels. [Added 11-12-2014 by Ord. No. 0-14-32]

PRELIMINARY APPROVAL The conferral of certain rights pursuant to this chapter for subdivision or site plan approval and 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 of its site and immediate environs.

PRELIMINARY SITE PLAN The preliminary map indicating the tentative layout of the proposed development including required engineering documents submitted to the Planning Board for its consideration and preliminary approval and meeting the requirements of Article XII of this chapter.

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

PROPERTY USE PERMIT A document signed by the land use official of the Township which is required by this chapter as a condition precedent to the commencement of any use or the erection, construction, alteration, conversion or installation of a structure or building; and which acknowledges that an application has complied with all administrative requirements as to said use, structure or building and that such use, structure or building as constructed, installed or constituted actually conforms to the requirements of this chapter or any variance therefrom duly authorized by a municipal agency under the provisions of the Municipal Land Use Law. If the use is not permitted in the zone or if there exists any violation of the bulk requirements, then the land use official shall require the applicant to acquire a variance through the Board of Adjustment.

PUBLIC AREAS

       (1) Public parks, playgrounds, trails, paths and other recreational areas;

       (2) Other open public spaces;

       (3) Scenic and historic sites;

       (4) Sites for schools and other public buildings and structures.

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.

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

REAR YARD The area extending across the full width of a lot along a perpendicular line between the rear lot or street line of and the rear of the building on such lot. The rear of the building shall be determined by the designation as such in an architectural rendering of such building. If no such rendering is available, such determination shall be established based on custom and usage.

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

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

RESIDENTIAL STRUCTURE, ONE-STORY A residential structure having all its living area on a single level or on multiple levels which have not more than a one foot three inch separation between floor levels, with not less than seven foot ceilings.

RESIDENTIAL STRUCTURE, ONE-AND-ONE-HALF-STORY A residential structure having one living level meeting the definition of a "one story", and a second living level of which any two exterior sides meet a sloping roof not more than two feet above the floor of such story, with a separation of at least seven feet between the two levels.

RESIDENTIAL STRUCTURE, TWO-STORY A residential structure having two separate living levels, each meeting the definition of a "one story" having a separation of at least seven feet between the two levels.

RESUBDIVISION

       (1) 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

       (2) 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 or origin by water, ice, wind, gravity, or natural means as a product of erosion.

SEWAGE PUMPING STATION Wastewater pumping facilities that convey wastewater from a lower elevation or remote location to a gravity collection/interceptor sanitary sewer main system, and that serves more than two buildings or structures, or conveys 8,000 gallons per day or more of wastewater flow, and which requires a treatment works approval from the New Jersey Department of Environmental Protection. The wastewater pumping facilities would normally consist of a wet well or receiving chamber, two pumps or ejector compressors, an alarm and telemetry system, a power supply including provision for a secondary power source (i.e., generator), valves, and appurtenances, and be located within a fence-enclosed site. The wastewater pumping facilities may be located totally below grade or partially above grade, with or without auxiliary structures and site amenities.

SEX SHOP An establishment offering goods for sale or rent in any two of the following categories: (a) adult media (b) lingerie (c) sexually oriented toys or novelties. [Added 5-15-2007 by Ord. No. 0-07-19]

SEXUALLY ORIENTED BUSINESS An inclusive term used to describe collectively: adult cabaret, adult media store, adult motion-picture theatre, video arcade and/or sex shop. [Added 5-15-2007 by Ord. No. 0-07-19]

SEXUALLY ORIENTED TOYS OR NOVELTIES Instruments, devices, or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs. [Added 5-15-2007 by Ord. No. 0-07-19]

SHOPPING CENTER A group of commercial establishments planned, constructed and managed as a total entity, with customer and employee parking provided on site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements, and landscaping and signage in accordance with an approved plan. [Added 6-24-2014 by Ord. No. 0-14-11]

SIDE YARD The area extending from the front yard to the rear yard and lying along a perpendicular line between the side lot line and a side of the building closest to such side lot line. The side of the building shall be determined by the designation as such in an architectural rendering of such building. If no such rendering is available, such determination shall be established based on custom and usage.

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

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

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

       (3) Any other information that is required pursuant to this chapter.

SLUDGE Solids removed from sewage during wastewater treatment and generally disposed of by incineration, dumping or burial.

SOLAR ENERGY GENERATION FACILITY A system of fuel cells, solar or photovoltaic panels and equipment or energy generation facility or area of land principally used to convert solar energy to electricity. [Added 5-24-2011 by Ord. No. 0-11-13]

SOLID WASTE Unwanted or discarded material, including waste materials with insufficient liquid to be free flowing.

STANDARDS OF PERFORMANCE

       (1) Standards adopted by ordinance regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the Township of Howell; or

       (2) Standards required by applicable federal or state laws or municipal ordinances.

STANDBY GENERATOR SYSTEMS Any internal combustion driven engine system permanently installed in its entirety, including connections to the premises' wiring system. The standby system shall be used to supply alternate power during the interruption of the normal utility electrical supply. The system is not intended to be used as a primary source of power or used when power is disconnected by the utility for lack of payment of bill. [Added 11-1-2011 by Ord. No. 0-11-38]

STORY That portion of a building comprised between a floor and the floor next above it. A "half story" is between a floor and the roof with a height of not less than 7 1/2 feet of clear space above at least 1/3 of the floor area.

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

       (1) Arterial streets are those which are used primarily for fast or heavy traffic.

       (2) Collector streets are those which carry traffic from minor streets to the major system of arterial streets including the principal entrance streets of a residential development and streets for circulation within such a development.

       (3) Minor streets are those which are used primarily for access to the abutting properties.

       (4) Marginal access streets are streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.

       (5) Alleys are minor ways which are used primarily for vehicular service access to the back or the 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. A wood deck may be freestanding or attached to a building, consisting of footings, frame, decking, railings and stairs. A freestanding deck may be multilevel but shall not exceed four feet in height. An attached deck may be multilevel but shall not exceed two stories in height. At no time shall a deck be enclosed so as to form a habitable room or space.

STRUCTURAL ALTERATIONS Any change in the supporting members of a building, such as bearing walls, columns, beams, or girders or in the utility system or mechanical equipment of a structure which materially alters its usability, capacity or function.

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 except that the following divisions shall not be considered subdivisions; provided, however, that no new streets or roads are involved: divisions of land found by the Planning Board to be for agricultural purposes where the resulting parcels are five acres or larger in size; or divisions of property by testamentary or intestate provisions, or divisions of property upon court order. Subdivision also includes "resubdivision."

TEMPORARY STORAGE STRUCTURE A portable storage container or unit that does not have a permanent foundation or footing and which includes portable storage containers, construction trailers, and bulk solid waste containers. Such structures shall not be considered a building or accessory structure. [Added 11-12-2014 by Ord. No. 0-14-32]

TOWNHOUSE One dwelling unit in a line of three or more attached dwelling units, with each dwelling unit from ground to roof, and having individual outside access.

TRAILER, AUTOMOBILE TRAILER, OR TRAILER COACH Any vehicle or structure designed and constructed in such a manner as will permit its being used as a conveyance upon the public streets or highways and shall include self-propelled and non-self-propelled vehicles so designed, constructed, reconstructed or added to by any means in such a manner as will permit the occupancy thereof as a dwelling or sleeping place for one or more persons, and having no foundation other than wheels, jack or skirtings when located in a duly licensed trailer coach park.

TRAILER PARK Any site, lot, field, or tract of land upon which one or more occupied trailers are harbored either free of charge or for revenue purposes and shall include any building, structure, tent, vehicles or enclosures used or intended for use as a part of the equipment of such trailer coach park.

TRANSFER STATION An intermediate destination for solid waste.

VARIANCE Permission to depart from the literal requirements of this chapter pursuant to N.J.S.A. 40:55D-60 (Subsections 57C and 57D) under N.J.S.A. 40:55D-70 of the Municipal Land Use Law.

VIDEO ARCADE BOOTH OR VIDEO VIEWING BOOTH Any booth, cubicle, stall, or compartment that is designed, constructed, or used to hold or seat patrons and is used for presenting motion pictures or viewing publications by any photographic, electronic, magnetic, digital, or other means or media (including, but not limited to, film, video or magnetic tape, laser disc, CD-ROM, DVD, books, magazines, or periodicals) for observation by patrons therein. [Added 5-15-2007 by Ord. No. 0-07-19]

WASTE

       (1) Bulky waste items: the large size of which precludes or complicates the handling by normal collection processing or disposal method.

       (2) Construction demolition waste: building materials and rubble resulting from construction, remodeling, repair and demolition operations.

       (3) Hazardous waste: waste that requires special handling to avoid illness or injury to persons or damage to property.

       (4) Special waste: Those wastes that require extraordinary management.

       (5) Wood pulp waste: Wood and paper fiber residue resulting from a manufacturing process.

       (6) Yard waste: Plant clippings, prunings and other discarded materials from yards and gardens.

YARD An open space, as may be required by this chapter, of uniform width or depth on the same lot with a building or group of buildings, which open space lies between the principal building or group of buildings and the nearest lot line.

YARD FRONT A yard extending across the full width of the lot and lying between the street line of the lot and the nearest wall or part of the building. The depth of the front yard shall be measured at right angles to the front line of the lot.

YARD REAR A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest wall or part of the building. The depth of a rear yard shall be measured at right angles to the rear of the lot in the same manner as specified herein for the measurement of lot depth.

YARD SIDE An open unoccupied space between the side line of the lot and the nearest wall or part of the building and extending from the front yard to the rear yard, to the front or rear lot lines as the case may be. The width of the side yard shall be measured at right angles to the side line of the lot.

ZONING INSPECTOR That person designated as the Zoning Inspector under Subsection B(5), Zoning Inspector, of § 2-35, Department of Engineering, Planning and Land Use Development and Environmental Protection, of Chapter 2, Administration of Government of the Code of the Township of Howell.

ACTIVITY Any land disturbance, including any development for which an application for development is necessary.

DEPARTMENT New Jersey Department of Environmental Protection (NJDEP).

HYDROLIC UNIT CODE (HUC 14) An estimate for each HUC 14 drainage area containing the total acreage in the municipality of improvements surface and associated future nonpoint source pollutant load, assuming full buildout of the project land uses.

IMPERVIOUS SURFACE Any paved, hardened or structural surface which does not allow for complete on-site infiltration of precipitation. Such surfaces include but are not limited to buildings, driveways, streets, parking lots, swimming pools, darns, tennis courts, concrete pavers, brick pavers and any other structures that meet the above definition.

LAND-DISTURBING ACTIVITY Any grading, scraping, excavating or filling of land, clearing of vegetation, and any other construction or addition to the footprint of a structure.

RIPARIAN BUFFER A special resource protection area that is established along all water designated Category One by the Department and perennial or intermittent streams that drain into or upstream of the Category One water as shown on the USGS Quadrangle Maps or in the County Soil Surveys, within the associated HUC 14 drainage areas.

STREAM (OR WATERWAY) Any perennial stream or river (or portion thereof) that is portrayed as a solid line on a United States Department of Agriculture Soil Survey Map of the most recent edition; and any intermittent stream or river (or portion thereof) that is portrayed as a dashed line on a United States Department of Agriculture Soil Survey Map of the most recent edition; and any lake or impoundment that does not lie entirely within a single parcel of land. For the purpose of this section, this buffer does not apply to man-made stormwater management facilities, farm ponds, foundations and/or ornamental ponds.

TOP OF BANK The upper ridgeline of the confining channel as defined by the Rosgen stream classification method.

STREAM CHANNEL Permanent or intermittent watercourses shown on USGS quadrangle maps, the Monmouth County Soil Survey or other sources as the Planning Board and Zoning Board of Adjustment of the Township of Howell may deem applicable and germane.

STREAM CORRIDOR The stream channel and all lands on either side of the stream channel to a width of 100 feet on either side.

STREAM CORRIDOR AVERAGING The replacing of a curved corridor buffer boundary by a straight line or sequence of joined straight lines so that the total corridor buffer area remains the same.

STREAM CORRIDOR BUFFER An area contiguous with the stream corridor where no permanent structure shall be allowed.

AGE-RESTRICTED HOUSING A residential community that qualifies as 55 and over restricted housing in accordance with the Federal Fair Housing Act, as amended.

RECREATIONAL FACILITIES May include items such as but not limited to buildings for recreational uses, biking paths, walking paths, tennis courts, shuffleboard courts, swimming pools, clubhouses, and similar recreational improvements related to the age-restricted housing development.

ACTIVE SENIOR An adult of 55 years of age or older who may still be employed full time and is capable of independent living (not requiring assistance) who may utilize the recreational amenities available in the development.

CONVERTED AGE-RESTRICTED DEVELOPMENT A development which was first approved as an age-restricted development but was later lawfully converted to a non-age-restricted development pursuant to the enabling statute.

MOBILE HOME A factory-assembled structure or structures equipped with the necessary service connections and made so as to be readily movable as a unit or units and designed to be used as a dwelling unit for one or more persons or family unit(s) and with or without a permanent foundation, when located in a licensed mobile home park.

MOBILE HOME ACCESSORY BUILDING OR STRUCTURE Any awning, cabana, ramada, storage cabinet, shed, carport, or porch established by and for the use of the occupant of the mobile home.

MOBILE HOME PARK Any lot or contiguous parcel of land and premises where the owner, lessee, or other person having control thereof shall offer sites for mobile homes and trailers on a rental or lease or other basis, and shall include any building, structure, vehicles or enclosure used or intended for use as part of the equipment of such mobile home park.

MOBILE HOME SPACE A designated portion, lot or site within a mobile home park designed for the accommodation of one mobile home or trailer and its accessory buildings or structures for the exclusive use of its occupants for living and dwelling purposes.

TRAILER A vehicular unit mounted on wheels designed to provide living quarters. "Trailer" shall not, for the purposes of this section, mean a vehicular unit mounted on wheels designed to provide temporary living quarters for recreational, camping, or travel use of such size or weight as not to require special highway movement permits when drawn by a motorized vehicle, and with a living area of less than 220 square feet, excluding built-in equipment and bathrooms.

ACTIVE SENIOR An adult of 55 years of age or older who may still be employed full time and is capable of independent living (not requiring assistance), who may utilize the recreational amenities available in the PRC.

PLANNED DEVELOPMENT A residential community provided for permanent residents aged 55 years or over in which the residential property and the residential-related open space, recreation facilities and property are all owned by a mutual nonprofit corporation or corporations, established pursuant to the laws of the State of New Jersey and also governed by Section 213 of Title 11 of the National Housing Act (or provisions of a similar or comparable nature) or by individuals, condominium associations or other entities, all of which shall have rules and regulations controlling the development in conformance with this chapter.

RECREATIONAL FACILITIES To include items such as but no limited to buildings for recreational uses, biking paths, bridle paths, walking paths, tennis courts, shuffleboard courts, swimming pools, golf course, and similar recreational improvements related to the PRC.

OPEN SPACES Any parcel of land 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 area may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designated to be incidental to the natural openness of the land. Open space may include farm land set aside in perpetuity intended for the preservation of the farming use. [Amended 6-4-2008 by Ord. No. 0-08-16]

HEALTH CLUB An establishment that provides exercise facilities such as running, jogging, aerobics, weight lifting, court sports, and swimming, as well as locker rooms, showers, massage rooms, saunas and related accessory uses such as pro shops that sell a variety of sports equipment and clothing.

MULTIPURPOSE RECREATION AND SPORTS COMPLEX A private members-only facility intended to provide both adults and children year-round health, fitness, athletic activities, and a sports academy to provide instruction, training and practice in such sports as baseball, soccer, football, softball, lacrosse, field hockey and swimming. The multipurpose recreation and sports complex shall provide for a wide variety of indoor and outdoor uses, with or without seating for spectators, and shall provide accommodations for a variety of individual and organized sports including but not limited to volleyball, handball, lacrosse, field hockey, softball, basketball, soccer, football and baseball facilities, including indoor batting cages and outdoor fields. Such a facility may also provide other regular organized sporting events, health and fitness club facilities, swimming pools, snack bar, and retail sales of related sports, health and fitness items, and other support facilities. All uses within the complex shall be nonmotorized.

ADULT BOOK STORE An establishment having as a substantial or significant portion of its stock-in-trade, books, magazines, periodicals, motion pictures and other viewing materials which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities, sexual conduct or specified anatomical areas, or an establishment where a segment or section of the premises is devoted to the sale, rental or display of such material.

HEAD SHOP An establishment providing as a substantial portion of its business items or paraphernalia associated with the taking or dispensing of controlled dangerous substances.

MASSAGE PARLOR An establishment providing as a substantial portion of its business the giving of massages by one person to another.

ANTENNA Any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. Parabolic dish antennas used for satellite communications shall not be included within this definition.

BUFFER AREA The area surrounding a telecommunications tower and ancillary facilities which lies between the tower and ancillary facilities and adjacent lot lines and/or land uses.

CAMOUFLAGE TECHNIQUES Man-made trees, clock towers, bell steeples, flagpoles and similar alternative-design mounting structures that conceal the presence of antennas or towers.

CARRIER A company that provides wireless services.

COLLOCATION When two or more receiving and/or transmitting facilities are placed together in the same location or on the same antenna support structure.

MONOPOLE The type of antenna mount that is self-supporting with a single shaft of wood, steel or concrete and a platform or racks for panel antennas arrayed on top.

PREEXISTING TOWERS AND PREEXISTING ANTENNAS Any tower or antenna for which a building permit has been properly issued prior to the effective date of this section, including permitted towers or antennas that have been approved but have not yet been constructed so long as such approval is current and not expired.

SIGN AREA Total area devoted to conveying of the message, including the advertising surface and any framing, trim or molding but not including the support structure.

AFFORDABLE HOUSING PLAN The affordable housing plan (or plans) set forth in the housing element of the Township Master Plan that is approved by the Township Planning Board and endorsed by the Township Council and which the Township files with either the Council on Affordable Housing ("COAH") seeking substantive certification and/or with the court seeking a judgment of repose; both pursuant to the requirements of the Fair Housing Act, N.J.S.A. 52:27D-301 et seq.

DEVELOPER Any person or business entity seeking to construct a project which includes an affordable housing component and seeking the Township's consideration of the inclusion of such project within the Township's affordable housing plan.

ESCROW DEPOSIT The meaning set forth within Subsection G(3) herein.

PROPOSAL Any proposal by a developer to construct a project which includes affordable housing components which seeks the Township's consideration of the inclusion of such project within the Township's Affordable Housing Plan.

REIMBURSABLE SERVICES The meaning set forth within Subsection G(4) herein.

TOWNSHIP The Township of Howell, County of Monmouth, State of New Jersey.

TOWNSHIP CONSULTANTS Includes any salaried Township professional and supporting staff and consultants retained by the Township or its Land Use Boards in order to provide professional services to the Township, including but not limited to engineering, planning and legal services.

ACCESSORY APARTMENT A self-contained residential dwelling unit, containing its own kitchen, sanitary facilities and private entrance, which is created within an existing single-family home, or through the conversion of an existing accessory building on the same site, or by addition to an existing single-family home or accessory 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 Sections 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.

ADMINISTRATIVE OFFICER The Township Land Use Officer.

AESTHETIC IMPROVEMENT CUT The removal to the extent possible of the minimum number, smallest and poorest specimens of trees so as to permit land development while retaining the maximum number of larger and better specimens of trees.

APPROVING BOARD/LAND USE BOARD The Township Planning Board or Township Zoning Board of Adjustment, pursuant to the jurisdictional criteria enunciated in N.J.S.A. 40:55D-1 et seq.

AVERAGE WOODED ACRE Shall be determined as follows:

       A. A selective inventory by size and species, of all trees having DBH of four inches or greater shall be conducted using a minimum of 0.1 acre, (plots 65 feet by 65 feet), which shall be staked or visibly marked to allow for Township inspection.

       B. The locating of the inventory plots shall be determined by the applicant, subject to Township approval, by using a grid overlay drawn to the same scale as the site plan submitted with the application.

       C. A representative 5% of the wooded acres proposed to be cleared shall be inventoried. The representative 5% shall be determined by agreement between the applicant, the agencies with jurisdiction, including the Planning Board or Zoning Board of Adjustment, the Township Planner and the administrative officer. Where two acres or less are proposed to be cleared, a minimum of 0.1 acre (plots 65 feet by 65 feet) shall be inventoried.

       D. The location of the average wooded acre shall be located on the plan, along with distinct boundary lines of the various vegetative groups, to provide a more accurate quantity of the proposed tree removal directly related to the required tree replacement estimate.

CALIPER The diameter measurement of a tree taken at ground level.

CERTIFIED TREE EXPERT (CTE) One who has completed the education and training requirements to be certified and recognized as such by the State of New Jersey.

CLEAR CUTTING The removal of all standing trees on a lot or portion of a lot.

DIAMETER BREAST HEIGHT The diameter of a tree measured at a point on the tree 4 1/2 feet from ground level. This phrase may appear in this article as the abbreviation "DBH."

DRIPLINE A limiting line established by a series of perpendicular drop points marking the maximum radius of the crown of an existing tree, but not less than eight feet from the trunk, whichever is greater.

EXEMPTION Permission to depart from the requirements of this article.

FINISHED CUT The cutting of trees performed during a calendar year.

GUARD AND GUARD RAILS A protective barrier that shall be a minimum of four feet high. The type of barrier must be approved by the Township Engineer.

HOMESTEAD LOT An existing lot upon which a single-family residence has been or is to be constructed.

LANDMARK TREE COMMITTEE A committee to be formed by and be part of the Howell Township Shade Tree Committee.

MANAGEMENT PLAN The written information and a plan required in § 188-204 of this article and containing the proposed methods and procedures to be employed in conjunction with a tree removal project.

MAY When used in this article, indicates a permissive direction.

PERSON Any individual, firm copartnership, association, corporation or developer other than the Township and public corporation.

PROFESSIONAL FORESTER OR STATE CERTIFIED FORESTER One who has a minimum of a bachelor's of science degree in forestry from a four-year college accredited by the Society of American Foresters, and is certified by the State of New Jersey.

REPLACEMENT TREE A nursery-grown certified tree, properly balled and burlapped and marked with a durable label indicating genus, species and variety, having a minimum caliper of 2 1/2 inches for deciduous trees and a minimum height of eight feet for conifers.

SELECTIVE CUTTING The removal of larger trees on an individual basis while leaving trees of lesser size for future harvest.

SHALL When used in this article, indicates a mandatory direction.

SILVICULTURE The management of any forested tract of land to insure its continued survival and welfare, whether for commercial or noncommercial purposes, pursuant to a plan approved by the New Jersey Bureau of Forestry.

SITE PLAN A development plan of one or more lots on which is shown the existing and proposed conditions of the lot; the location of all existing and proposed buildings, structures and site improvements; 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 or Zoning Board of Adjustment.

SLASH The forest debris remaining after a tree removal operation.

SPECIMEN/LANDMARK TREE Any tree with a DBH of 16 inches or greater. Exceptions will be made based on species, health or conditions as determined by the CTE. A landmark tree is an historic tree, and must be designated as such and placed on a list by the CTE and Landmark Tree Committee.

SUBDIVISION Any tract of land which is hereafter subdivided into two or more parcels along an existing or proposed street, highway, easement or right-of-way, for sale or for rent as residential lots or residential building plots, regardless of whether or not the lots or plots to be sold or offered for sale or leased for any period of time are described by metes and bounds or by reference to a map or survey of the property or by any other method of description.

THINNING The removal of undesirable, competitive, diseased or damaged trees so as to cultivate and improve the development of remaining trees on a lot, as approved by the Howell CTE.

TOPPINGS The uppermost 20% of a tree constituting its crown.

TREE Any deciduous or coniferous species which reaches a typical mature height of 25 feet and a typical mature DBH of four inches or greater.

TREE REMOVAL PERMIT A permit to remove trees, issued by the administrative officer after review and approval of application for removal and replacement of trees in accordance with the provisions of this article.

TREE REPLACEMENT PLAN A plan for replacement of removed trees in accordance with the provisions of this article with an approved woodlands management plan.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains) that is owned or operated by Howell Township or other public body, and is designed and used for collecting and conveying stormwater.

PERSON Any individual, corporation, company, partnership, firm, association or political subdivision of the state subject to municipal jurisdiction.

STORM DRAIN INLET An opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet and combination inlet.

WATERS OF THE STATE The ocean and its estuaries, all springs, streams 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.

CAFRA CENTERS, CORES OR NODES Those areas within boundaries accepted by the Department pursuant to N.J.A.C. 7:8E-5B.

CAFRA PLANNING MAP The geographic depiction of the boundaries for Coastal Planning Areas, CAFRA centers, CAFRA cores and CAFRA nodes pursuant to N.J.A.C. 7:7E-5B.3.

COMPACTION The increase in soil bulk density.

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 An agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:

       A. A county planning agency; or

       B. A county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.

DEPARTMENT The New Jersey Department of Environmental Protection.

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

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.

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.

EMPOWERMENT NEIGHBORHOOD A neighborhood designated by the Urban Coordinating Council "in consultation and conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A. 55:19-69.

ENVIRONMENTALLY CRITICAL AREA An area or feature which is of significant environmental value, including, but not limited to, stream corridors; natural heritage priority sites; habitats of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and wellhead protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.

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

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

INFILTRATION The process by which water seeps into the soil from precipitation.

MAJOR DEVELOPMENT Any development that provides for ultimately disturbing one or more acres of land. Disturbance for the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation.

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

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

NUTRIENT A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.

PERSON Any individual, corporation, company, partnership, firm, association, the Township of Howell, 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.

RECHARGE The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.

SEDIMENT Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.

SITE 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.

STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1) An area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the state's future redevelopment and revitalization efforts.

STATE PLAN POLICY MAP 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 (most constructed stormwater wetlands).

STORMWATER MANAGEMENT FACILITY A structural stormwater management measure used to address groundwater recharge, and/or stormwater runoff quantity control and/or stormwater runoff quality control. A stormwater management facility is also known as a structural best management practice (BMP), as specified and outlined in the New Jersey Stormwater Best Management Practices Manual, latest edition. A stormwater management facility can be a bioretention system, constructed stormwater wetlands, dry wells, extended detention basins, infiltration basins, manufactured treatment devices, pervious paving systems, sand filters, vegetative filters and wet ponds.

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, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.

STORMWATER RUNOFF Water flow on the surface of the ground or in storm sewers, resulting from precipitation.

TIDAL FLOOD HAZARD AREA A flood hazard area, which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.

URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD A neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.

URBAN ENTERPRISE ZONE A zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.

URBAN REDEVELOPMENT AREA Previously developed portions of areas:

       A. Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), designated centers, cores or nodes;

       B. Designated as CAFRA centers, cores or nodes;

       C. Designated as Urban Enterprise Zones; and

       D. Designated as Urban Coordinating Council Empowerment Neighborhoods.

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

WETLANDS OR WETLAND 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."

ARCADE An area contiguous to a street or plaza that is open and unobstructed and that is accessible to the public at all times. Arcades may include building columns, landscaping, statuary and fountains. Arcades do not include off-street loading/unloading areas, driveways or parking areas.

ARTICULATE To give emphasis to or distinctly identify a particular element. An articulated facade would be the emphasis of elements on the face of a wall, including a change in setback, materials, roof pitch, or height.

BERM An earthen mound designed to provide visual interest on a site, screen undesirable views, reduce noise or provide a buffer from adjoining uses.

BUFFER See also "screen." An area provided to reduce the conflict between two different land uses. Buffers are intended to mitigate undesired views, noise and glare, effectively providing greater privacy to neighboring land uses. Typical buffers consist of materials that serve this purpose and include, but are not limited to, plant materials, walls, fences, and/or significant land area to separate the uses.

BUILDING MASS The building's expanse or bulk and is typically used in reference to structures of considerable size.

CAFE A coffee house, restaurant or bar.

DESIGN STANDARDS Statements and graphics intended to direct the planning and development of the built environment in a particular manner or style so that the end result contributes positively to the overall development.

DORMER A window set vertically in a gable projecting from a sloping roof.

FACADE The portion of any exterior elevation on the building extending from grade to the top of the parapet, wall or eaves and extending the entire length of the building.

GABLE A triangular wall section at the end of a pitched roof, bounded by the two roof slopes.

HIP ROOF Roof without gables.

MANSARD ROOF A roof with two slopes on all four sides, the lower slope being nearly vertical and the upper nearly horizontal.

PARAPET The portion of a wall that extends above the roofline.

PEDESTRIAN WALKWAY A surfaced walkway, separate from the traveled portion of a public or private right-of-way or parking lot/driving aisle.

PORTICO A porch or walkway with a roof supported by columns, often leading to the entrance to a building.

RESTAURANT A place for serving meals to the public.

SCREEN See also "buffer." The sole purpose of a screen is to block views. A screen shall be constructed of opaque materials, the height of which will be effective in obstructing unwanted views.

SETBACK A prescribed distance or an area between one element and another (i.e., a building and the road right-of-way). Within these guidelines, the term also refers to:

       A. The minimum distance and the area measured from the property line to the interior of a parcel where buildings may be constructed.

       B. The required distance and the area between the edge of the parking lot pavement/curb and the property line or buildings/structures.

       C. Placing a building face on a line to the rear of another building line.

DISASTER Any natural, technological, or civil event necessitating the declaration of a state of emergency by the Township, the Governor of the State, or the President of the United States. Such events may include, but not be limited to, hurricanes, storms, floods, severe wave action, severe wind damage, tornados, fire damage to numerous structures, earthquake, enemy attack, sabotage, terrorism, civil unrest, transportation accident, radiological accident, or chemical or other hazardous material incident.

UNINHABITABLE Any structure located in the Township which is determined by the Construction Code Official, or any other federal or state governmental agency based on criteria contained in the New Jersey Building Code and other applicable local, state, and federal regulations to be so damaged, dilapidated, or unsafe that it creates a serious hazard to the health, safety or welfare of the occupants or the public, or which lacks illumination, ventilation, or sanitation facilities adequate to protect the health, safety or welfare of the occupants or the public, and which was rendered to be unfit for human habitation by a disaster.

BUFFER ZONE - Any land, or submerged land, within 75 feet of the boundary of any Howell Township freshwater wetlands.

DEVELOPMENT - Any man-made change to improved or unimproved real property, including, but not necessarily limited to, a division of a parcel into two or more subparcels, the erection of buildings or other structures, mining, dredging, filling, grading, paving, excavation, or clearing of vegetation.

FRESHWATER WETLANDS - Those lands characterized by poorly drained soil, and those lands characterized by seasonal high-water tables at or near the surface, including but not limited to bogs, white cedar swamps, streams, lakes, ponds, lowland pitchpine and springs. In addition to the foregoing the determining factors of a freshwater wetlands area shall be the site-specific presence of predominantly hydraphitic plant, including, but not limited to, the listing currently used by the United States Fish and Wildlife Service, the United States Army Corps of Engineers and the list currently being developed by the New Jersey Department of Environmental Protection, and/or the presence of hydric soils as designated by the United States Fish and Wildlife Service and the Army Corps of Engineers.

PERSON - Any person, firm, partnership, association, corporation company, organization or legal entity of any kind, including municipal corporations, governmental agencies or subdivisions thereof.

PLANNING BOARD - The Howell Township Planning Board.