APPLICANT - A developer submitting an application for development.

BOARD OF ADJUSTMENT - The Board established pursuant to § 225-19 of this chapter.

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

COMPLETE APPLICATION - An application form completed as specified by ordinance and the rules and regulations of the municipal agency and all accompanying documents required by ordinance for approval of the application for development, including, where applicable, but not limited to a site plan or subdivision plat, provided that the municipal agency may require such additional information not specified in the ordinance or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency. An application shall be certified as complete immediately upon the meeting of all requirements specified in the ordinance and in the rules and regulations of the municipal agency and shall be deemed complete as of the day it is so certified by the administrative officer for purposes of the commencement of the time period for action by the municipal agency. [Added 2-26-1980 by Ord. No. 80:3]

CONCEPT PLAN - A site plan submitted by an applicant for the purpose of an optional, informal and nonbinding review of a proposed development by the Planning Board. [Added 3-14-2000 by Ord. No. 2000:6]

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.

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 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 pursuant to the Municipal Land Use Law.

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.

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

GOVERNING BODY - The chief legislative body of the municipality.

INTERESTED PARTY - In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and, in the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under the Municipal Land Use Law, or whose rights to use, acquire or enjoy property under said law 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 the Municipal Land Use Law.

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

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

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 of the Municipal Land Use Law.

MAYOR - The chief executive of the municipality.

MINOR SITE PLAN - A development plan of one or more lots which proposes new development within the scope of development specifically permitted by ordinance as a minor site plan; does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to Section 30 of this Act (N.J.S.A. 40:55D-42); and contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval of a minor site plan have been met. [Amended 2-26-1980 by Ord. No. 80:3]

MINOR SUBDIVISION - A subdivision of land for the creation of no more than three lots; provided that such subdivision does not involve a planned development, any new street or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to Section 30 of the Municipal Land Use Law (N.J.S.A. 40:55D-42). [Amended 2-26-1980 by Ord. No. 80:3; 3-14-2000 by Ord. No. 2000:6]

MUNICIPALITY - The Township of Parsippany-Troy Hills.

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

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.

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 § 225-32.

PLANNING BOARD - The Municipal Planning Board established pursuant to § 225-4 of this chapter.

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

PRELIMINARY APPROVAL - The official action of the Planning Board taken after sketch plat approval and before final approval. "Preliminary approval" also means the conferral of certain rights pursuant to § 225-16 of this chapter prior to final approval after specific elements of a development plan have been established and also means the first stage of approval of a major site plan.

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

RESUBDIVISION - The further division or relocation of lot lines or 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.

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 in order to make an informed determination pursuant to ordinance requiring review and approval of site plans by the Planning Board.

SKETCH PLAT - A sketch map indicating the proposed layout of a subdivision and related information that is of sufficient accuracy to be used for the purpose of discussion and classification.

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, including but not limited to judgments of foreclosure; consolidation of existing lots by deed or other recorded instrument; and the conveyance of one or more adjoining lots, tracts or parcels of land owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map or atlas of the municipality. The term "subdivision" shall also include the term "resubdivision." [Amended 2-26-1980 by Ord. No. 80:3]

VARIANCE - Permission to depart from the literal requirements of the Zoning Ordinance

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.

COMMON OPEN SPACE - Any 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.

DETENTION BASIN - A man-made or natural depression below ground level designed to collect surface and subsurface water so that it might impede its flow and to gradually release the same at a rate not greater than that prior to the development of the property, into natural or man-made outlets (i.e., the storm sewer system or stream).

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 - Land designated for use for the installation of stormwater sewers or drainage ditches, or delineated along a natural stream or watercourse for the purpose of preserving the channel and providing for the flow of water therein, in accordance with N.J.S.A. 58:1-1 et seq.

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

FINAL SUBDIVISION OR SITE PLAN PLAT - A detailed and accurate map of a development that is submitted for final approval and record in accordance with the provisions of this chapter.

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 N.J.S.A. 40:55D-1 et seq.

IMPROVEMENTS SUBSTANTIALLY COMPLETE - When all necessary public service facilities are in place and approved by the department having jurisdiction. Improvements shall include water, sanitary sewer or other systems as applicable, electric and telephone service, stormwater drainage facilities, including site grading; road improvements, including curbing, base course(s) and other site improvements necessary to the health and safety of site occupants or visitors to the site (customers, employees or others), as the case may be; open space, including submission of deed of dedication or establishment of owner association, as the case may be.

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

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 reasons of such adoption, revision or amendment.

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.

PERFORMANCE GUARANTY - Any security, including cash, to ensure completion of improvements required as part of a development application approval, provided that the Township shall not require more than 10% of the total performance guaranty in cash.

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

PRELIMINARY SUBDIVISION OR SITE PLAN - A reasonably accurate map, indicating the proposed layout of a development and related information, that is submitted for preliminary approval in accordance with the provisions of this chapter.

PUBLIC AREAS

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

       (2) Other public open spaces.

       (3) Scenic and historic sites.

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

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.

RECHARGE BASIN - A detention basin designed not only to release water gradually into a natural or man-made outlet but also to percolate into the ground consistent with subsurface strata. Such basins are designed for sandy or gravel soil with little evidence of fines (soil that passes through a two-hundred-mesh sieve).

RETENTION BASIN - A man-made or natural body of water of a depth of not less than four feet, designed to contain water at all times, the level of which will be increased as a result of the flow into it of surface and subsurface water, collected therein and released gradually into natural or man-made outlets.

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

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. The function of streets shall be differentiated one from the other as follows:

ARTERIAL STREET - A street that is used primarily for fast or heavy traffic.

COLLECTOR STREET - A street that is used to carry traffic from minor streets to the major system of arterial streets. Collector streets include, among others, the principal entrance streets of a residential, commercial or industrial development and streets for circulation within such development.

MINOR STREET - A street that is used primarily for access to abutting land.

MARGINAL ACCESS STREET - A street that lies parallel and contiguous to an arterial street or highway to provide access to abutting land.

ACCESS LANE - A dead-end private right-of-way not exceeding 250 feet in length measured from the side line of the right-of-way of the street from which it gives access to lots not to exceed two in number.

SURVEY - A map drawn and prepared in accord with N.J.S.A. 45:8-28(e).

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.

ENVIRONMENTALLY CRITICAL AREAS An area or feature which is/are 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; 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, 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 RUNOFF Water flow on the surface of the ground or in the storm sewers, resulting from precipitation.

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 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.

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.

MULTIFAMILY HOUSING DEVELOPMENT - A building used or designed as a residence for three or more families living independently of each other or a group of such buildings, including apartment houses, but not including motels.

RECYCLING AREA - A space allocated for collection and storage of source-separated recyclable materials.

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.

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

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 FEES 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 N.J.S.A. 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.

JUDGEMENT OF REPOSE A judgment issued by the Superior Court approving a municipality's plan to satisfy its fair share obligation.

SUBSTANTIVE CERTIFICATION A determination by the Council approving a municipality's housing element and fair share plan in accordance with the provisions of the Act and the rules and criteria as set forth therein.

ACCESSORY USE OR BUILDING - A subordinate use or building, the purpose of which is incidental to that of the main use or building and on the same lot.

ADMINISTRATIVE OFFICER - The designated governmental official or entity charged with administering land development regulations in the Township. [Added 3-14-2000 by Ord. No. 2000:7]

AGENCY - New Jersey Housing and Mortgage Finance Agency established by L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.). [Added 7-9-1991 by Ord. No. 91:46]

ANIMAL KENNELS - Any structure or premises in which animals are boarded, groomed, bred or trained. Animal kennels may include dog runs and pens as regulated herein. [Added 3-14-2000 by Ord. No. 2000:7]

ASSISTED LIVING FACILITY - A residential health-care facility which is licensed by the New Jersey Department of Health to provide housing with congregate dining and a coordinated array of supportive personal and health-care services, available 24 hours per day, to four or more elderly and/or handicapped residents unrelated to the proprietor. Each unit in an assisted living facility shall, as part of the living quarters, include a private bathroom, kitchenette and lockable entrance door. Common dining, recreational and laundry facilities, housekeeping and maintenance services, personal and health-care services and community and administrative facilities and services, all in support of and for the sole benefit of the residents of the facility, shall be considered customary accessory uses to an assisted living facility. An assisted living facility shall provide its own ambulance and transportation services. [Added 12-15-1998 by Ord. No. 98:43]

ATTIC - The open, uninhabitable space between the ceiling beams of the top habitable story and the roof rafters in any building. [Added 3-14-2000 by Ord. No. 2000:7]

AUTOMOBILE REPAIR SERVICE - A business, other than an automobile service station, engaged in the maintenance, servicing and repair or vehicles. They can include muffler shops, auto body shops, tire shops, quick lubrication services and other automobile repair services. They may also include the sale of automobile parts, tools and equipment as an ancillary use, but not the sale of vehicles. [Added 3-14-2000 by Ord. No. 2000:7]

AUTOMOBILE SERVICE STATION - An area of land, including structures thereon, that is used primarily for the retail sale and direct delivery to motor vehicles of gasoline and lubricating oil and the making of minor repairs, but not auto body work, welding or painting, nor any repair work in the open.

AWNING - A roof-like cover that may be temporary or permanent in nature and projects from the wall of a building for the purposes of shielding a doorway or window or providing decorative or architectural detail for nonresidential buildings. Unless otherwise specified in this chapter, permanent awnings that can not be retracted shall be subject to the setback requirements of the district in which the building is located. [Added 10-14-1997 by Ord. No. 97:30]

AWNING SIGN - A sign that is painted or attached to an awning. Awning signs shall be permanent in nature and not retractable. [Added 10-14-1997 by Ord. No. 97:30]

BASEMENT - A space having one-half or more of its floor-to-ceiling height above the average level of the adjoining ground and with a floor-to-ceiling height of less than 6.5 feet. [Added 3-14-2000 by Ord. No. 2000:7]

BLOCK FRONT - Such number of lots in any given block which comprise, include and contain the frontage of lots situated across or opposite the street from a proposed subdivision and which lie within the side lot lines of the proposed subdivisions as projected across such street.

BUFFER AREA - An area either in its natural state or supplemented with evergreen and other suitable vegetation, fences, walls, berms or any combination thereof as approved by the Planning Board or Zoning Board of Adjustment and which is used to physically separate or screen one use or property from another so as to visually shield or block noise or other nuisances. No building, structure, parking area, driveway (except to provide access to property and which is perpendicular to the buffer area), street, sign (except directional signs) or storage of materials may be permitted within a buffer area. [Amended 3-14-2000 by Ord. No. 2000:7]

BUILDING COVERAGE The area of lot covered by all buildings, exclusive of decks and patios. Cantilevers and overhangs are not included in the calculation of building coverage if they do not extend more than two feet from a building and are at least four feet above the grade directly adjacent to the projection. Bay and bow windows constructed no lower than 24 inches from the level of the finished floor of a residential structure and no larger than 16 square feet are not included in the cantilever or overhang restriction noted herein. [Added 3-14-2000 by Ord. No. 2000:7; amended 10-23-2007 by Ord. No. 2007:48]

       **Webmasters Note: The previous definition has been amended as per Ordinance No. 2007-48.

BUILDING HEIGHT - The vertical distance measured from the average elevation of the finished grade, six feet from every side of the structure, to the highest point of a flat roof, to the deckline of a mansard roof and to the midpoint below the highest peak on a gable, sloped or hip roof. [Added 3-14-2000 by Ord. No. 2000:7]

CHILD-CARE CENTER - An institution or place, whether known as a "child-care or infant-care center," "infant-toddler program," "boarding school or home," "day nursery," "nursery school," "day-care center," "child play or progressive school," "child recovery center" or under any other name, which institution, for compensation or otherwise, receives for temporary custody, with or without stated educational purposes, during part or all of the day but for not less than two hours each day, apart from their parents or legal guardians, six or more children under the age of six. [Added 12-12-1989 by Ord. No. 89:72; amended 3-27-1990 by Ord. No. 90:25]

CONDOMINIUM - A building or group of buildings and associated land area in which dwelling units, offices or floor area are owned individually and the structure, common areas and facilities are owned by all the owners on a proportional undivided basis. [Added 3-14-2000 by Ord. No. 2000:7]

CUSTOMARY HOME OCCUPATION - An activity carried out for gain by a resident and conducted as a customary, incidental and accessory use in the resident's dwelling unit, but not a "professional home office" as defined in § 430-59B. A customary home occupation may include, but is not limited to, a home office for personal use by an accountant, architect, engineer, land surveyor, lawyer, professional planner or other such professions not including doctors or other medical practitioners, provided that the professional person owns and occupies, as a dwelling, the unit used in the practice of the profession and that the use does not exceed 30% of the floor area of the dwelling. A customary home occupation may also include the individual teaching of music, singing, etc; individual private tutoring; portrait painting or sculpturing; or contractors using their homes to receive phone calls, provided there is no storage of construction equipment or materials at the property. A customary home occupation may also include a limousine owner using his/her home to make appointments to pick up passengers via telephone and/or electronic mail, provided that such limousine owner does not park more than one nonmodified, standard-sized vehicle bearing a limousine license plate at his/her home. [Amended 3-14-2000 by Ord. No. 2000:7; 10-24-2000 by Ord. No. 2000:43]

DWELLING A building or structure or part thereof containing one or more dwelling units or lodging units. [Added 12-19-2006 by Ord. No. 2006:24]

       **Webmasters Note: The previous definition has been added as per Ordinance No. 2006:24.

DWELLING, TOWNHOUSE - A one-family dwelling in a row of units in which each unit has its own front and rear access to the outside, no unit is located above another unit, each unit has a private garage and each unit is separated from any other unit by one or more common fire-resistant walls. [Added 3-14-2000 by Ord. No. 2000:7]

DWELLING UNIT Any room or group of rooms or any part thereof located within a building and forming a single habitable unit with facilities which are used, or designed to be used, for living, sleeping, cooking or eating. [Amended 12-19-2006 by Ord. No. 2006:24]

       (1) DWELLING, SINGLE-FAMILY - A detached building designed for or occupied exclusively by one family.

       (2) DWELLING, TOWNHOUSE - An attached single-family building wherein no family shall occupy air space one above the other as defined in N.J.S.A. 46:8-1 et seq. and having private garage and storage space and utilities.

       (3) DWELLING, TWO-FAMILY - A building designed for or occupied exclusively by two families living independently of each other.

       (4) DWELLING, MULTIFAMILY - A building used or designed as a residence for three or more families living independently of each other and doing their own cooking therein, including apartment houses but not including motels or hotels.

       **Webmasters Note: The previous definition has been amended as per Ordinance No. 2006:24.

FAMILY One or more persons customarily living together as a single housekeeping unit, whether or not related to each other by birth or marriage, as distinguished from a group occupying a hotel or motel. [Amended 12-19-2006 by Ord. No. 2006:24]

       **Webmasters Note: The previous definition has been amended as per Ordinance No. 2006:24.

FAST-FOOD RESTAURANT - A business or establishment engaged in the sale of pre-prepared or rapidly prepared food, soft drinks, ice cream and similar confections which are sold directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off the premises, but not within cars on the premises. [Added 3-14-2000 by Ord. No. 2000:7]

FEE SIMPLE - The ownership of a complete set of property rights to a particular parcel or property, including subsurface, surface and air rights. [Added 3-14-2000 by Ord. No. 2000:7]

FLOOR AREA - The sum of the gross horizontal areas of the several floors of a building. For the purposes of this chapter, the term "floor area" shall not include areas devoted to mechanical equipment serving the building, stairways and elevators, interior areas devoted exclusively to parking and loading for motor vehicles or to any space where the floor-to-ceiling height is less than seven feet, provided that no more than 15% of the gross area may be reduced for these common area calculations. [Added 3-14-2000 by Ord. No. 2000:7]

FRONTAGE - That side of a lot abutting a street or public right-of-way. [Added 3-14-2000 by Ord. No. 2000:7]

HABITABLE ROOMS Rooms used or designed for use by one or more persons for living or sleeping or cooking and eating but not including bathrooms, water closet compartments, laundries, serving and storage pantries, corridors, foyers, vestibules, cellars, heater rooms, boiler rooms and utility rooms, and porches. Other rooms or spaces that are not used frequently or for an extended period or that have less than 70 square feet of floor area shall not be considered as habitable rooms. [Added 12-19-2006 by Ord. No. 2006:24]

       **Webmasters Note: The previous definition has been added as per Ordinance No. 2006:24.

HANGING SIGN - A sign designed to hang from a building canopy, awning, awning sign or a frame or other mechanical device attached to a building wall and oriented at a ninety-degree angle from the plane of the building facade. Permitted hanging signs and associated design standards for such signs are depicted in Illustration E of this chapter. [Added 10-14-1997 by Ord. No. 97:30]

HEALTH CARE SUPPORT SERVICES - Facilities and establishments providing support to the medical profession and patients, including medical and dental laboratories, blood banks and miscellaneous medical and surgical supplies and services. [Added 3-14-2000 by Ord. No. 2000:7]

HEALTH CLUB - An establishment that provides facilities for aerobic exercises, running and jogging, weight training and strength conditioning, game courts, swimming facilities, exercise equipment, saunas, showers and lockers. Health clubs may include pro shops, as well as instructional programs for members and guests. [Added 3-14-2000 by Ord. No. 2000:7]

HOTEL A building containing individual lodging accommodation units available to transient guests, with each unit containing individual sleeping and bath facilities and each having public access to a common hallway linked to a central lobby area. Permitted accessory uses associated with a hotel include banquet facilities, restaurants, cafeterias, pubs and taverns, newspaper stands, barbershops and beauty parlors, health clubs, swimming pools and conference rooms. [Added 12-19-2006 by Ord. No. 2006:24; amended 9-18-2007 by Ord. No. 2007:32]

       **Webmasters Note: The previous definition has been amended as per Ordinance No. 2007:32.

HOUSING REGION - A geographic area, determined by the New Jersey Council on Affordable Housing, of no less than two nor more than four contiguous whole counties which exhibit significant social, economic and income similarities and which constitute, to the greatest extent practicable, the primary metropolitan statistical areas (PMSA) as last defined by the United States Census Bureau prior to July 2, 1985. The applicable housing region for Parsippany-Troy Hills is the Northwest Region, consisting of Essex, Morris, Sussex and Union Counties. [Added 7-9-1991 by Ord. No. 91:46]

IMPERVIOUS COVERAGE - The percentage of a lot area which is improved with principal and accessory buildings, structures and uses, and including but not limited to driveways, parking areas, walkways, loading areas, tennis courts, garages, patios, decks and other impervious materials. [Added 3-14-2000 by Ord. No. 2000:7]

INCLUSIONARY DEVELOPMENT - A residential housing development in which a substantial percentage of the housing units is provided for a reasonable range of low- and moderate-income households. [Added 7-9-1991 by Ord. No. 91:46]

INDOOR CORPORATE HEALTH FACILITY - An exercise facility or fitness center which focuses on the physical, social and mental health of its members. The facility may include an exercise room, whirlpools, racquetball courts, aerobic studio, sauna, Jacuzzi, locker rooms and pro shop, provided that the use of all facilities shall be limited to members which are employees of the corporate facilities within the ROL Zone in which the principal building is located. [Added 3-13-1990 by Ord. No. 90:13]

LANDSCAPED GREEN AREA - An area either in its natural state or lawned and supplemented with landscape plantings and other suitable vegetation which is used to create an attractive green space located along the highway frontage of a nonresidential use. No building, structure, parking area, driveway (except to provide access to the property), street or storage of materials may be permitted within a landscaped green area. [Added 3-14-2000 by Ord. No. 2000:7]

LOT - A designated parcel, tract or area of land established by a plat or otherwise permitted by law and to be used, developed or built upon as a unit. [Amended 3-14-2000 by Ord. No. 2000:7]

CORNER LOT - A lot at the junction of and fronting on two or more intersecting streets.

THROUGH LOT - A lot that fronts on two parallel streets or fronts on two streets that do not intersect at the boundaries of the lot.

LOT LINE - Any boundary line of a lot.

FRONT LOT LINE - The lot line separating a lot from the street right-of-way.

REAR LOT LINE - The lot line opposite and most distant from the front lot line.

DEPTH OF LOT - The mean distance measured from the mean front lot line to the mean rear lot line.

WIDTH OF LOT - Shall be measured along a straight line connecting the points of the intersection of the required minimum front yard setback line and the side lot lines of the lot.

LOW-INCOME HOUSING - Housing which is affordable according to the Federal Department of Housing and Urban Development, or other recognized standards for home ownership and rental costs, and which is occupied or reserved for occupancy by households with a gross household income equal to 50% or less of the median gross household income for households of the same size within the housing region in which the housing is located and which is subject to affordability controls. [Added 7-9-1991 by Ord. No. 91:46]

MEDIAN INCOME - The Federal Department of Housing and Urban Development uncapped median income by family size for Morris County using the most recent calculations of the United States Department of Housing and Urban Development for each appropriate household. [Added 7-9-1991 by Ord. No. 91:46]

MODERATE-INCOME HOUSING - Housing affordable according to the Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and which is occupied or reserved for occupancy by households with a gross household income equal to or 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 housing is located and which is subject to affordability controls. [Added 7-9-1991 by Ord. No. 91:46]

MOTEL - A use which shall contain at least 100 sleeping rooms, each having its own bathroom. Such use may also contain meeting rooms, office and temporary office space, restaurants and retail-commercial space.

NEW JERSEY COUNCIL ON AFFORDABLE HOUSING OR COAH - The New Jersey Council on Affordable Housing established under the Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.), which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning considerations in this state. [Added 7-9-1991 by Ord. No. 91:46]

NONCONFORMING USE - One that does not comply with the regulations of this chapter for the zone in which it is located.

OPEN PORCH - A roofed piazza, porch or porte cochere which projects beyond the main wall of a building into a yard for which the columns supporting the roof shall present a minimum of obstruction to the view and the circulation of air.

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.

PRINCIPAL USE - The primary or predominant use of any one lot or parcel. [Added 3-14-2000 by Ord. No. 2000:7]

PRIVATE GARAGE - A building or space used as an accessory to the main building which provides the storage of motor vehicles and in which no occupation, business or service for profit is carried on.

PUBLIC GARAGE - Any building, premises or land or part thereof, other than a private garage, used for the storage, care or repair of motor vehicles for profit or where any such vehicles are kept for hire.

RESTAURANT - A commercial establishment where food and drink are prepared, served and consumed on premises, excluding, however, a fast-food restaurant (as defined elsewhere herein) and a snack bar or refreshment stand at a public or community swimming pool or park operated in conjunction with and incidental to such recreational facility for the sole convenience of its patrons. [Added 3-14-2000 by Ord. No. 2000:7]

SECTION 8 INCOME LIMITS - A schedule of income limits that define 50% and 80% of median income by household size. When used herein, "Section 8 income limits" shall refer to the uncapped schedule as periodically revised and published by the Federal Department of Housing and Urban Development and adopted by COAH. [Added 7-9-1991 by Ord. No. 91:46]

SELF-STORAGE WAREHOUSE - A structure or structures containing separate, individual and private storage spaces of varying sizes leased or rented on individual leases to residential and commercial users for varying periods of time. The storage of hazardous and flammable chemicals and explosives are not permitted. The following uses and activities are also prohibited in self-storage warehouses: [Added 3-14-2000 by Ord. No. 2000:7]

       (1) Wholesale or retail commercial sales.

       (2) Auctions or garage sales.

       (3) Any type of fabrication or manufacturing activity.

       (4) The servicing or repair of any vehicles, boats, tools or equipment.

       (5) The use of any power tools or similar equipment not for the express use in the maintenance and repair of the self-storage facility.

       (6) The operation of any transfer and storage business.

SIGN - Includes any and all forms of advertisement or display as fully described in Article XXXVIII of this chapter.

STORY - That portion of a building included between the upper surface of a floor and upper surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. There shall be excluded from any such definition that portion of a building which is used entirely for the containment of mechanical equipment and utility service, including heating, ventilating, plumbing and electrical equipment, storage space ancillary to the primary uses in the structure and garage parking, used solely for the occupants of the premises upon which it is located, for the storage of motor vehicles. [Added 4-12-1983 by Ord. No. 83:24]

       (1) STORY, FIRST - The lowest story as above defined.

       (2) STORY, HALF - A partial story under a gable, hip or gambrel roof, the wall plates of which, on at least two opposite exterior walls, are not more than four feet above the floor of such story.

STREET - Any road, avenue, street, land, plaza or other way set aside for common street purposes.

TOWNHOUSE DEVELOPMENT - Dwellings developed as a single entity in which individual lots have a common or public open space as an appurtenance.

YARD - The area of the lot that lies between a building and the nearest lot line. The minimum required yard depth as set forth in this chapter shall be unoccupied and unobstructed except as may be specifically provided in this chapter. The sketch maps set forth in Illustrations F1 through F4 of this chapter illustrate the delineation of yards for measurement purposes and clarification of the Code's intent with respect to yard measurements. [Amended 8-8-1978 by Ord. No. 78:17; 3-14-2000 by Ord. No. 2000:7]

FRONT YARD - An open, unoccupied space within and extending the full width of the lot between the front lot line and the parts of the building setting back from such line. The depth of the yard shall be measured from the front lot line to the building wall. Corner lots shall have a front yard corresponding to each street frontage.

REAR YARD - An open, unoccupied space within and extending the full width of the lot between the rear walls of the building and the rear lot line.

SIDE YARD - An open, unoccupied space extending from the front yard to the rear yard between the building and the side lot line and measured from the side lot line to the building wall.

YARD DEPTH - The average distance between the front lot line and rear lot line.

YARD SETBACK LINE - A line drawn parallel to a lot line at a distance equal to the minimum required yard depth.

SIDEWALK - That area of the public right-of-way reserved for pedestrian traffic from the curb to the front line of the building containing a retail establishment.

SIDEWALK SALES - Refer to periodic events to take place before and after designated holidays during which merchants are allowed to display merchandise for sale on the sidewalk.

GROSS FLOOR AREA - The aggregate area of all floors in a building enclosed by an exterior wall, excluding, however, attic and basement floors and garages. However, if any part or area of an attic, basement or garage is devoted to a use other than storage related to the principal use or to mechanical equipment, such as heating, ventilating, air conditioning, etc., then such part or area shall be included in the computation of gross floor area.

SHOPPING CENTER - A retail sales use proposed to occupy a tract of land 10 acres or larger and/or proposed to be housed in a building or buildings of 75,000 square feet of gross floor area or larger.

AMUSEMENT PARLOR - Any place or premises where there are more than five amusement machines (as that term is defined by Chapter 86, Amusement Machines). The term "amusement parlor" shall include, but not be limited to, video game arcade or arcade.

RESIDENTIAL INN - An establishment, consisting of one or more buildings containing not more than 140 guest units, with or without individual cooking facilities, having a common lobby or office supervised by a person in charge at all hours, that provides temporary lodging to travelers and itinerant guests who maintain a primary residence elsewhere and in which no unit may be continuously occupied by the same guest or guests for a period in excess of 180 days.

ADVERTISING SIGN - A sign which provides information in addition to the name and address of the occupant therein or utilizes a trademark.

ANIMATED SIGN - A sign which has its illumination maintained at a constant intensity at the source of such illumination, and the animation is created by other means than the increase or decrease of the intensity at its source.

AWNING - A roof-like cover that may be temporary or permanent in nature and projects from the wall of a building for the purposes of shielding a doorway or window or providing decorative or architectural detail for nonresidential buildings. Unless otherwise specified in this chapter, permanent awnings that cannot be retracted shall be subject to the setback requirements of the district in which the building is located.

AWNING SIGN - A sign that is painted or attached to an awning. Awning signs shall be permanent in nature and not retractable.

BANNER - Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, or otherwise affixed to the structure or erected in any manner on the property. [Added 6-21-2005 by Ord. No. 2005:14]

       **Webmasters Note: The previous definition has been added as per Ordinance No. 2005:14.

BILLBOARD See definition for "sign, off-premises." [Amended 9-12-2006 by Ord. No. 2006:19]

       **Webmasters Note: The previous definition has been amended as per Ordinance No. 2006:19.

DIRECTIONAL SIGN - A sign containing directional information about public places owned or operated by federal, state or local governments or their agencies; publicly or privately owned natural phenomena, historic, cultural, scientific, educational and religious sites; and areas of natural beauty or naturally suited to outdoor recreation. Signs containing directional information whose purpose it is to regulate and control the flow of vehicular and pedestrian traffic.

ERECT - To construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any other way bring into being or establish, but not any of the foregoing activities when performed as an incident to the change of advertising message or normal maintenance or repair of a sign or sign structure.

FLAG SIGN - A sign that is mounted on a freestanding pole or other support, made of cloth, canvas, fabric or like material, designed or intended to advertise, identify or attract attention to a business organization, service or event.

FLASHING SIGN - A flashing sign is a sign, the illumination of which is not kept constant in intensity at all times when in use.

FREESTANDING SIGN - Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.

HANGING SIGN - A sign designed to hang from a building canopy, awning, awning sign or a frame or other mechanical device attached to a building wall and oriented at a 90 angle from the plane of the building facade. Permitted hanging signs and associated design standards for such signs are depicted in Illustration E of this chapter.

IDENTIFICATION SIGN - A sign, which states the name or address of the occupant therein or identifies a place or development.

ILLUMINATED SIGN - Any sign which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes or similar as a part of the sign.

INDIRECTLY ILLUMINATED SIGN - Any illuminated sign whose illumination is derived from an external artificial source.

LOGO - An insignia, emblem or registered trademark used to identify a company or business.

MAINTENANCE - Includes replacement, without substantial change, of any parts or support of any sign, and the painting, without change of text, design or size of any sign, without removal of the sign from the wall or structure supporting it.

MARQUEE - Any hood or awning of permanent construction projecting from the wall of a building above an entrance and extending over a thoroughfare, including signs attached thereto, the supports of which are an integral part of the original structure, and which is not retractable.

MEMORIAL SIGNS - Historical tablets, cornerstones, memorial plaques and emblems which do not exceed six square feet in surface area and which are installed under the auspices of public or quasi-public bodies and religious organizations.

MONUMENT SIGN - Any sign, other than a pole sign, place upon or supported by the ground, independent of any other structure.

NAMEPLATE SIGN - A sign which states the name or address of the occupant where the sign is located.

OUTDOOR DISPLAY STRUCTURES AND BILLBOARDS See definition for "sign, off-premises." [Amended 9-12-2006 by Ord. No. 2006:19]

       **Webmasters Note: The previous definition has been amended as per Ordinance No. 2006:19.

PENNANT - Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in a series, designed to move in the wind.

PERSON - Any individual, association, partnership, firm or corporation.

PROFESSIONAL SIGN - A sign listing only the name and profession of each resident practitioner.

PORTABLE SIGN - Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including but not limited to signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business for transport.

PROJECTING SIGN - Any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.

ROOF SIGN - A sign constructed or supported upon the roof of any building or structure.

SIGN - A name, identification, description, display or illustration which is affixed to or printed or represented directly or indirectly upon a building, structure or parcel of land and which directs attention to a person, institution, organization, activity, place, object or product of business, provided that the display of public notices or the flag, emblem or insignia of a nation or political unit shall not be considered signs under the provisions of this chapter.

SIGN, OFF-PREMISES A sign structure advertising an establishment, merchandise, service or entertainment, which is not sold, produced, manufactured or furnished at the property on which said sign is located; e.g., "billboards" or "outdoor advertising." Off-premises signs are considered a principal use. [Added 9-12-2006 by Ord. No. 2006:19]

       **Webmasters Note: The previous definition has been added as per Ordinance No. 2006:19.

SPECIAL EVENT SIGN - A sign in connection with special events in the community.

STRUCTURE OF SIGN - Any structure which supports or is capable of supporting any sign or signs.

TEMPORARY SIGN - A sign which is intended to advertise community or civic projects, real estate for sale or lease, or other sale or special events on a temporary basis.

WALL SIGN - All flat signs of solid-face construction which are placed against a building or other structure and attached to the exterior front, rear or side wall of any building or other structure so that the display surface is parallel with the plane of the wall. Signs painted on an exterior or a wall shall be deemed to be "wall signs" subject to this chapter.

WINDOW - Includes any opening in the exterior wall or roof of any structure for the purpose of admitting air or light, whether or not covered with glass, plastic or other covering.

WINDOW DISPLAY SIGN - Shall include all signs defined herein which are situated within 12 inches of the window surface, and such signs shall be regulated as provided herein.

WINDOW SPACE - Includes the aggregate square footage of all windows on any given side and any given story of any structure, regardless of the angle or angles at which they are set. In computing window space, there shall be included all portions of any door which contains a window.

ADMINISTRATIVE AUTHORITY The Planning Board or Board of Adjustment and the Health Department, acting jointly and in consultation, with all of the powers delegated, assigned, or assumed by them according to statute or ordinance.

APPLICANT Person applying to the Health Department, Planning Board, Board of Adjustment or the Construction Office proposing to engage in an activity that is regulated by the provisions of this article, that would be located within a regulated Wellhead Protection Area.

AQUIFER A formation, group of formations, or part of a formation that contains sufficient saturated permeable rock, sand, or gravel which is capable of storing and transmitting usable quantities of water to wells and springs.

BEST MANAGEMENT PRACTICES (BMP) Performance or design standards established to minimize the risk of contaminating groundwater or surface waters while managing the use, manufacture, handling or storage of hazardous substances or hazardous wastes.

CONTAMINATION The presence of any harmful or deleterious substances in the water supply.

DEVELOPMENT The carrying out of any construction, reconstruction, alteration of surface or structure or change of land use or intensity of use.

DISCHARGE Any intentional or unintentional action or omission, unless pursuant to and in compliance with the conditions of a valid and effective federal or state permit, resulting in the releasing, spilling, pumping, pouring, emitting, emptying or dumping of a hazardous substance into the waters or lands of the state or into waters outside the jurisdiction of the state when damage may result to the lands, waters or natural resources within the jurisdiction of the state.

DRY WELL A subsurface storage facility that receives and temporarily stores roof runoff. A dry well may be either a structural chamber and/or an excavated pit filled with aggregate in accordance with the requirements of the Township Engineer.

GROUNDWATER Water contained in interconnected pores of a saturated zone in the ground, also known as "well water." A saturated zone is a volume of ground in which the voids in the rock or soil are filled with water at a pressure greater than atmospheric.

HAZARDOUS SUBSTANCE Any substance designated under 40 CFR 116 pursuant to Section 311 of the Federal Water Pollution Control Act Amendments of 1972 (Clean Water Act, Public Law 92-500; 33 U.S.C. 1251 et seq.), the Spill Compensation and Control Act, N.J.S.A. 58:10-23.ll et seq. or Section 4 of the New Jersey Water Pollution Control Act (N.J.S.A. 58:10A-4). Substances listed include petroleum, petroleum products, pesticides, solvents and other substances.

HAZARDOUS WASTE Any solid waste that is defined or identified as a hazardous waste pursuant to the Solid Waste Management Act, N.J.S.A. 13:1E et seq. N.J.A.C. 7:26-8, or 40 CFR Part 261.

MAXIMUM CONTAMINANT LEVEL The maximum permissible level of a contaminant in water which is delivered to any user of a public community water system.

NAICS North American Industrial Classification System pursuant to the North American Free Trade Agreement of 1993.

NJDEP New Jersey Department of Environmental Protection.

PERSON Any individual, public or private corporation, company, partnership, firm, association, owner or operator, political subdivision of this state, and any state, federal or interstate agency or an agent or employee thereof.

POLLUTED WATER In the content of drinking water, water is polluted when a pollutant is present in excess of a maximum contaminant level or bacteriological limit established by law or regulation.

POTENTIAL POLLUTANT SOURCE (PPS) An activity or land use which may be a source of a pollutant that has the potential to move into groundwater withdrawn from a well. For the purposes of this article potential pollutant sources are defined in § 430-322.

PPS Potential Pollutant Source.

PUBLIC COMMUNITY WELL A public water supply well which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

SOLE SOURCE AQUIFER Any drinking water aquifer upon which more than 50% of a population group depends and for which there is no practicable or affordable alternate water supply, as certified by the United States Environmental Protection Agency.

TIME OF TRAVEL (TOT) The average time that a volume of water will take to travel in the saturated zone from a given point to a pumping well.

TIER 1 WELLHEAD PROTECTION AREA That area of land within a WHPA from which groundwater may enter the well within two years. (See maps referenced under § 430-320.)

TIER 2 WELLHEAD PROTECTION AREA That area of land within a WHPA from which groundwater may enter the well within five years. (See maps referenced under § 430-320.)

TIER 3 WELLHEAD PROTECTION AREA That area of land within a WHPA from which groundwater may enter the well within 12 years. (See maps referenced under § 430-320.)

WELLHEAD The well borehole and appurtenant equipment.

WELLHEAD PROTECTION AREA (WHPA) An area described in plan view around a well, from which groundwater flows to the well and groundwater pollution, if it occurs, may pose a significant threat to the quality of water withdrawn from the well.

WHPA Wellhead Protection Area.