ACCESSORY BUILDING, STRUCTURE OR USE - A building, structure or use which is customarily associated with and is subordinate and incidental to the principal building, structure or use and which is located on the same lot therewith, including, but not limited to, garages, carports, barns, decks, kennels, sheds, nonportable swimming pools, guesthouses and all roofed structures.

       A. Any accessory building or structure attached to the principal building shall be considered part of the principal building.

       B. No accessory building or structure shall be used for the conduct of a business use except for home occupations and home offices as defined and permitted by this chapter.

ADDITION - An extension or an increase in the floor area, height or coverage of a building or structure.

ADMINISTRATIVE OFFICER - The Clerk of the Planning Board or the Clerk of the Zoning Board of Adjustment, as the case may be, unless a different municipal official is designated by this chapter to administer certain of the responsibilities specified for the Administrative Officer in the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).

       A. The Clerk of the Planning Board and the Clerk of the Zoning Board of Adjustment shall be nominated and appointed by the Township Committee at its annual reorganization meeting and shall be paid a salary in accordance with the annual Salary Ordinance adopted by the Township Committee.

       B. Nothing shall prohibit the Planning Board and/or the Zoning Board of Adjustment from appointing its designated Clerk also as its Secretary in accordance with N.J.S.A. 40:55D-24 and N.J.S.A. 40:55D-69, respectively.

       C. The Township Committee also may appoint an Assistant Clerk of the Planning Board and/or an Assistant Clerk of the Zoning Board of Adjustment, as deemed necessary, who shall be paid a salary in accordance with the annual Salary Ordinance adopted by the Township Committee.

ADVERSE EFFECT - Conditions or situations created by a proposed development that impose, aggravate or lead to impractical, unsafe or unsatisfactory conditions on properties including, but not limited to, inadequate drainage facilities, unsuitable street grades, street locations that fail to compose an effective circulation system, failure to provide or make future allowance(s) for access to the interior portion of adjoining lots or for other facilities required by this chapter, and danger from fire, flooding, erosion or other menace.

ALTERATION - As applied to a building or structure, a change or rearrangement in the structural parts or in the means of egress; or an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another.

APPLICANT - The developer submitting an application for development.

APPLICATION FOR DEVELOPMENT - The application form and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction for issuance of a permit pursuant to N.J.S.A. 40:44D-34 or N.J.S.A. 40:44D-36 of the Municipal Land Use Law.

APPROVING AUTHORITY - The Planning Board or the Zoning Board of Adjustment, as the case may be, unless a different agency is designated in this chapter pursuant to the Municipal Land Use Law.

ATTIC - A space between the ceiling beams of the top habitable story and the roof rafters. Attic space which has a stairway for access and egress and in which the ceiling area at a height of 7 1/3 feet above the attic floor is more than one-third the area of the floor next below shall be considered a "story" for the purposes of this chapter.

BASEMENT - That portion of a building partly below and partly above grade, where the ceiling averages four feet (4') or more than four feet (4') above the finished grade where such grade meets the outside walls of the building. A basement shall be considered a "story" above grade when the distance from grade to the finished surface of the floor above the basement is more than six feet (6') for more than fifty percent (50%) of the total perimeter, or is more than twelve feet (12') at any point.

BED-AND-BREAKFAST - Overnight accommodations and a morning meal in a dwelling unit provided to transients for compensation. [Added 10-19-2005 by Ord. No. 2005-16]

BEDROOM - A room planned or used primarily for sleeping.

BILLBOARD - Any structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes which is located on a site other than the site to which the advertising relates.

BOARD - The Planning Board or the Zoning Board of Adjustment of the Township of Blairstown, as the case may be.

BOARDINGHOUSE - A building or part thereof, other than a building containing apartments or townhouses as permitted by this chapter, arranged or used for lodging for compensation, monetary or otherwise, with or without meals included, and not occupied as a single housekeeping unit.

BRIDGE - A structure designed to convey motorized/n on motorized vehicles and/or pedestrians over a watercourse, railroad, street or other obstacle or depression.

BUFFER SCREENING - An unoccupied portion of land maintained as a landscaped area and used to visually shield or obscure one abutting or nearby structure or use from another and consisting primarily of densely planted vegetation as well as possibly earthen berms, fencing and/or walls.

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

BUILDING HEIGHT - The vertical distance measured to the highest point of a building from the mean elevation of the finished grades along all sides of the building, provided that if the finished grade is higher then the predevelopment grade at any point beneath the building, than the building height shall be measured from an elevation no higher than one foot (1) above the highest point of the predevelopment grade beneath the building. In all cases where this chapter provides for height limitations by reference to a specified height and a specified number of stories, the intent is to limit height to the specified maximum footage and the specified number of stories within said footage. [Amended 5-28-2003 by Ord. No. 2003-7]

CAMP - A plot of ground and/or water upon which two (2) or more campsites are located, established or maintained for occupancy by camping units (e.g., cabins, tents, shelters, houseboats or other accommodations) for use by the general public as temporary quarters for recreational, educational, religious and/or vacation purposes. The term "camp" does not mean a boardinghouse, hotel or motel or a site for the location of mobile homes.

CARTWAY - The hard or paved surface portion of a street customarily used for vehicles in the regular course of travel. Where there are curbs, the cartway is that portion between the curbs. Where there are no curbs, the cartway is the paved or graded width.

CELLAR - That portion of a building partly below and partly above grade, where the ceiling averages less than four feet (4') above the finished grade where such grade meets the outside walls of the building.

CELLULAR ANTENNAS - Antennas which are used for the transmission and reception of wave frequencies for the purposes of telephone, radio, paging and/or television communication and which are permitted as conditional uses in accordance with the specific zoning conditions and standards for their location and operation included within this chapter.

CERTIFICATE OF OCCUPANCY - The certificate issued by the Construction Official pursuant to N.J.A.C. 5:23-2.33 and in accordance with § 19-1002E of this chapter permitting the use of a structure.

CHILD CARE CENTER - Any facility which:

       A. Is maintained for the care, development and supervision of six (6) or more children who attend the facility for less than twelve (12) hours a day;

       B. Offers such programs as day-care centers, drop-in centers, day nursery schools, play schools, cooperative child centers, centers for children with special needs, infant toddler programs, employment-related centers, and/or kindergartens that are not an integral part of a private educational institution or system offering elementary education in grades kindergarten through sixth; and

       C. Does not offer programs operated by a public or private day school of elementary and/or high school grade, special activity programs for children, youth camps, and/or religious classes or centers.

CHURCHES AND SIMILAR PLACES OF WORSHIP - A building or structure, or groups of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services and accessory uses associated therewith, provided that the permitted accessory uses shall be limited to a residence for the clergy associated with the house of worship, classrooms for religious instruction, day care and/or preschool facilities, a social hall/gymnasium/meeting room for dinners, social functions and recreational purposes, and similar accessory uses. Any reference to "church" in this chapter shall mean a church and/or similar place of worship as here defined, except that this definition of "churches and similar places of worship" shall not apply to the approximately 117 acres of land in the R-5 District designated as Lots 8, 1.05 and 1.09 in Block 2101 on the Township Tax Maps which were the subject of an August 6, 1999, consent judgment regarding the International Mahavir Jain Mission, Case No. 97-3331 (AET). [Added 8-9-2000 by Ord. No. 2000-06; amended 4-4-2001 by Ord. No. 2001-03]

CLUBS AND LODGES - A nonprofit fraternal organization formed and operating for the primary purposes of social, educational and charitable group activities.

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 complimentary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIES - A community residential facility licensed pursuant to P.L. 1997, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than fifteen (15) persons with head injuries, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, halfway houses, supervised apartment living arrangements and hospitals. Such a residence shall not be considered a health care facility within the meaning of the Health Care Facilities Planning Act, P.L. 1971, c.136 (N.J.S.A. 26:211-1 et seq.). The term "person with head injury" means a person who has sustained an injury, illness or traumatic changes to the skull, the brain contents or its coverings which results in a temporary or permanent physiobiological decrease of mental, cognitive, behavioral, social or physical functioning which causes partial or total disability.

COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED - Any community residential facility licensed pursuant to P.L. 1977, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than fifteen (15) developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements, and hostels.

       A. Such a residence shall not be considered a health care facility, within the meaning of the Health Care Facilities Planning Act, P.L. 1971, c. 136 (N.J.S.A. 26:211-1 et seq.).

       B. In the case of such community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental; Health and Hospitals of the Department of Human Services.

       C. As used in this chapter, "developmentally disabled person" means a person who is developmentally disabled as defined in Section 2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2), and "mentally ill person" means a person who is afflicted with a mental illness as, defined in N.J.S.A. 30:4-23, but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.

       COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE - Any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, c. 337 (N.J.S.A. 30:40-1-14) providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than fifteen (15) persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.

COMPLETE APPLICATION [Amended 9-9-1998 by Ord. No. 98-09] - An application for development shall be complete for purposes of commencing the applicable time period for action by the Planning Board or Zoning Board of Adjustment, as the case may be, when so certified by the applicable Board or by its designee authorized for that purpose in accordance with the applicable provisions specified in § 19-800 of this chapter.

       A. In the event the application is not certified to be complete by the Board or its authorized designee within forty-five (45) days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period for action by the Planning Board or Zoning Board of Adjustment unless:

       (1) The application lacks information indicated on the appropriate checklist contained in § 19-800 of this chapter; and

       (2) The Board or its designee has notified the applicant, in writing, of the deficiencies in the application within forty-five (45) days of the submission of the application.

       B. The applicant may request that one (1) or more of the submission requirements be waived, in which event the Board or its authorized designee shall grant or deny the request within the same forty-five-day time period.

       C. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he or she is entitled to approval of the application.

       D. The Planning Board or Zoning Board of Adjustment, as the case may be, may subsequently require the correction of any information found to be in error and/or the submission of additional information not specified in this chapter and/or revisions to the documents accompanying the submitted application, each and all as are reasonably necessary for the Board to make an informed decision as to whether or not the requirements necessary for approval of the application have been met. However, 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 Board.

CONDITIONAL USE - A use permitted in a particular zoning district only upon showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as specified in § 19-601 of this chapter, and upon the issuance of an authorization therefor by the Planning Board.

CONSERVATION AREA - An area of land set aside by easement or deed restriction for the purpose of preserving open space, critical areas, aquatic buffers and/or the natural, scenic, aesthetic or historic value of the land.

CONSERVATION EASEMENT - An easement for the purpose of preserving open space, aquatic buffers and/or the natural, scenic, aesthetic or historic value of land and precluding any building on the premises.

CONSTRUCTION OFFICIAL - An individual designated by the Township Committee of the Township of Blairstown and duly licensed by the New Jersey State Department of Community Affairs to serve as the Construction Official.

CONVENTIONAL DEVELOPMENT - Any development other than planned development.

COVERAGE, BUILDING - The aggregate square footage or other area measurement by which a building occupies a lot as measured in a horizontal plane around the periphery of the foundation, including the area under any roof extending more than two feet (2) beyond the foundation.

COVERAGE, LOT - The aggregate square footage or other area measurement by which all sidewalks, driveways and parking areas, whether paved, graveled or unsurfaced, and all buildings and other structures cover a lot, as measured in a horizontal plane to the limits of the structure or improvement.

CRITICAL AREAS - Wetlands, 100-year floodplain areas, and lands with a topographic slope fifteen percent (15%) or greater within Blairstown Township.

DAYS - Calendar days.

DEDICATION - An appropriation or giving up of property to public use, which precludes the owner or others under him/her from asserting any right of ownership inconsistent with the use for which the property is dedicated.

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 (2) or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or any mining, excavation or landfill, and any use or change in use of any building or other structure or land or extension of use of land, for which permission may be required.

DISTRICT - Any portion of the territory of the Township within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter. The term "zone" shall have the same meaning as "district" or "zoning district" for the purposes of this chapter.

DRAINAGE - The removal of surface water or groundwater from land by drains, grading or other means and including control of runoff during and after construction or development in order to accomplish the following:

       A. Minimize erosion and sedimentation;

       B. Assure the adequacy of existing and proposed culverts and bridges;

       C. Induce water recharge into the ground where practical;

       D. Lessen nonpoint pollution;

       E. Maintain the integrity of stream channels for their biological functions as well as for drainage; and

       F. Provide the means necessary for water supply preservation and prevention or alleviation of flooding.

DRAINAGE AND UTILITY RIGHT-OF-WAY - The lands required for the installation and maintenance of stormwater drains and pipes, sanitary sewers, water supply pipes, drainage ditches and other utility infrastructure, or the lands required along a natural stream or watercourse in order to preserve the channel and provide for the overland flow of water to safeguard the public against flood damage.

DRIVEWAY - A means of ingress and egress for vehicles to and from a property.

DWELLING UNIT A room or series designed for permanent residency and containing living, cooking, sleeping and sanitary facilities for one (1) housekeeping unit. A dwelling shall be self-contained and shall not require the use of outside stairs, passing through another dwelling unit or any other indirect route(s) to get to any portion of the dwelling unit, nor shall there be shared facilities with another housekeeping unit.

       A. APARTMENT - A building, other than a building of attached townhouses, containing a minimum of three (3) dwelling units.

       B. DETACHED SINGLE-FAMILY - A building containing sleeping, sanitary and general living facilities which is physically detached from any other building or portion thereof and which is occupied or intended to be occupied for residence purposes by one (1) housekeeping unit only, including any domestic servants employed on the premises.

       C. ACCESSORY APARTMENT - A second residential dwelling unit created within a detached single-family dwelling unit in accordance with the requirements of this chapter.

       D. ELDER COTTAGE HOUSING OPPORTUNITY (ECHO) UNIT - A separate and detached living quarter unit, accessory to a primary detached single-family unit, for the use, and occupied by, elderly parents and relatives of the occupants of the primary detached single-family unit.

       E. PATIO HOME - A one-family detached dwelling unit on an individual lot which is attached to a second one-family dwelling unit on an adjacent lot.

       F. RESIDENTIAL FLAT - A dwelling unit in accordance with the specific provisions of this chapter located within the one and one-half (I ) stories above permitted commercial uses located on the first floor, except that no residential flat or portion thereof shall be located above a restaurant, theater, dry-cleaning establishment, or any use which utilizes either a condenser or compressor.

       G. TOWNHOUSE - A building containing at least four (4), but no more than eight (8), connected dwelling units, where each dwelling unit:

       (1) Has its own front and rear access to the outside;

       (2) Is not located over any portion of another unit;

       (3) Is separated from any other dwelling unit by one (1) or more common fire resistant walls; and

       (4) Is compatibly designed in relation to all other units, but is distinct by such design features as width, setback, roof design, color, exterior materials, and other features, singularly or in combination.

       H. TWO-FAMILY - A structure on a single lot containing two (2) dwelling units, each of which has an entrance on the first floor and each of which is totally separated from the other either by an unpierced wall extending from the ground to the roof or by an unpierced ceiling and floor extending from exterior wall to exterior wall, except for an opening or openings to permit access to the outside or to a common basement.

EASEMENT - A right, created by deed or other legal means, to use the real property of another for one (1) or more specific purposes (e.g., access, drainage, conservation, utility services, etc.) for the benefit of private persons or for the benefit of the public.

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

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

FAMILY - The word "family" shall mean the same as "housekeeping unit."

FAMILY DAY-CARE HOME - Any private residence approved by the Division of Youth and Family Services or an organization with which the Division contracts for family day care in which child care services are regularly provided to no less than three (3) and no more than five (5) children at any one time for no less than fifteen (15) hours per week. A child being cared for under the following circumstances is not included in the total number of children receiving child care services:

       A. A child being cared for is legally related to the provider; or

       B. The child is being cared for as part of a cooperative agreement between parents for the care of their children by one (1) or more of the parents, where no payment for the care is being provided.

FARM - A lot with at least five (5) acres of land devoted to the growing and harvesting of crops and/or the raising and/or breeding of animals, including truck farms fruit farms, nurseries and greenhouses, silva culture operations, dairies and livestock produce, except that commercial piggeries and commercial slaughtering are prohibited:

       A. A farm may have a single-family detached dwelling situated thereon, provided that the farm must then be at least six acres in size. Any single-family detached dwelling situated on a farm shall be subject to the requirements specified for detached dwelling units within the R-5 Single-Family Residential Zoning District, except that the minimum lot size requirement specified for the R-5 Zoning District shall not apply to detached dwellings situated on farms. [Amended 4-4-2001 by Ord. No. 2001-03]

       B. Structures incidental to a farm such as barns and packing, grading and storage buildings for produce raised on the premises; fences; buildings for the keeping of permitted poultry and livestock; and garages for the keeping and maintaining of trucks and other equipment used in farm operations are permitted when accessory to a permitted farm use.

FARM STAND - An accessory building to a farm located on the farm property for the purpose of selling the products of the subject farm and which is open for business not more than nine (9) months of every year. If goods or produce are offered for sale other than the products of the subject farm, not more than fifty percent (50%) of the areas of the farm stand or an area equivalent to the space within the farm stand used for the sale of the products from the subject farm, whichever is less, shall be used for the sale of such other goods or produce.

FIRE OFFICIAL An individual designated by the Township of Blairstown and certified - by the Commissioner of the New Jersey State Department of Community Affairs to serve as the Fire Official.

FIRE SUBCODE OFFICIAL - A qualified individual appointed by the Township of Blairstown to enforce the fire protection rules of the New Jersey Uniform Construction Code (N.J.A.C. 5:23-1 et seq.) which are within the jurisdiction of the township.

FLOODPLAIN - The relatively flat area adjoining the channel of a natural stream which has been or may be hereafter covered by floodwater, including the following components:

       A. FLOOD HAZARD AREA DESIGN FLOOD - The 100-year storm in nondelineated areas and the 100-year storm plus twenty-five percent (25%) in delineated areas.

       B. FLOOD WAY - 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 flood flow of any natural stream without accumulatively increasing the water surface elevation more than two-tenths (0.2) feet.

       C. FLOOD FRINGE AREA - The portion of the flood hazard area not designated as the flood way.

       D. FLOOD HAZARD AREA - The flood way and the flood fringe area of a delineated stream.

FLOOR AREA, GROSS (G.F.A.) - The sum of the gross horizontal areas of all floors of a building measured from the exterior face of exterior walls or from the center line of a wall separating two (2) buildings, provided that any area used for interior parking spaces, loading spaces or any area where the floor-to-ceiling height is less than six feet (6') shall not be included in the calculation of gross floor area (G.F.A.).

FLOOR AREA, NET HABITABLE (N.H.F.A.) - The gross floor area (G.F.A.) minus the area of stairwells, elevator shafts, mechanical equipment rooms, utility rooms and any basement or cellar area not to be used for human habitation and not accessible to the public. Where the final floor plan of a building is not available at the time of site plan review, the net habitable floor area shall be defined as the gross floor area minus fifteen percent (15%), provided that the proposed use of any basement and cellar areas shall be specified in writing by the applicant and included in the net habitable floor area number if such areas are not specifically restricted against human habitation and/or access to the public.

FLOOR AREA RATIO (F.A.R.) - The sum of the gross floor area (G.F.A.) on a site compared to the total area of the site.

FRONT FACADE AREA - The square footage of the total wall surface of the front of building below the roofline, including any windows or doors. The front of the building shall be where the main entrance is located.

GARAGE, PRIVATE NONRESIDENTIAL - An accessory building to a principal nonresidential building and use, which is used primarily for the parking and storage of vehicles operated by the customers, visitors and employees of such nonresidential building and use, and which is not available to the general public.

GARAGE, PRIVATE RESIDENTIAL - An accessory building for the storage of motor vehicles regularly operated by occupants of the principal building and in which no occupation, business or service for profit is carried on, other than a home occupation as permitted in accordance with § 19-602 of this chapter. Said garages shall have solid floors (as opposed to dirt or gravel floors) and shall be limited in capacity to three (3) vehicles.

GARAGE, PUBLIC - A building or portion thereof, other than a private nonresidential garage or private residential garage, used primarily for the parking and storage of vehicles and available to the general public.

GARAGE, REPAIR - Any building, premises and land in which or upon which a business, service or industry involving the maintenance, servicing, repair or painting of vehicles is conducted or rendered.

GARDEN CENTER - Land and/or greenhouses, which does not qualify as a farm stand as defined in this chapter and which may be associated with or be separate from a farm, where flowers, shrubs and/or other plants and related garden supplies are offered for retail sale to the public.

GOLF COURSE - A land area at least one hundred (100) acres in size containing a regulation sized eighteen-hole par-four play area, together with necessary and usual accessory uses and structures.

GOVERNING BODY - The Township Committee of the Township of Blairstown. GRADE.- The slope of a road, path, driveway, swale or other surface, or the average finished ground elevation adjoining a building at project completion.

HISTORIC RESOURCE - Any site, building, area, structure or object important in American history or prehistory, architecture, archaeology and culture at the national, state, county, local or regional level.

HOME OCCUPATION - A business conducted in or from a single-family detached dwelling unit and/or its permitted accessory buildings or structures, which business is clearly subordinate and ancillary to the principal single-family residential use of the property and which business meets the requirements specified for home occupations in § 19-602 of this chapter. For purposes of this chapter, the term "home occupation also shall include family day-care homes but shall not include home offices, each as defined in this chapter.

HOME OFFICE - The use of a portion of a dwelling as an office area for use only by members of the household residing on the premises and subject to the following:

       A. The office area shall not occupy more than five hundred (500) square feet nor more than twelve and one-half percent (12 1/2%) of the gross floor area (G.F.A.) of the dwelling, whichever is less, specifically excluding the area of garages, basements and attics in the calculation of gross floor area;

       B. The office area shall not be a segregated portion of the house, but shall be an existing room or area within the dwelling unit which is integrated within the overall floor plan of the dwelling;

       C. The office area shall not contain any kitchen or bathroom facilities which are separate from the remainder of the dwelling unit;

       D. The office area shall have only typical office equipment limited to computers, telefax machines, telephones, copying machines and other similar office equipment;

       E. No supplies or furnishings shall be permitted other than typical office supplies and furnishings;

       F. No evidence of the office area shall be shown to the outside of the dwelling unit; and

       G. No persons shall be permitted on the property regarding the office area other than people making deliveries or service calls as otherwise might occur on the property regarding the dwelling unit.

HOMEOWNERS' ASSOCIATION - An organization operating in a development under recorded agreements through which each lot owner shall be a member and each dwelling unit is subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the Township in accordance with N.J.S.A. 40:55D-43.

HOTEL AND MOTEL - A building or group of buildings consisting of individual sleeping units designed for transient travelers and not for permanent residency.

HOUSEKEEPING UNIT - One (1) or more persons living together in one (1) dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a nonprofit basis.

IMPERVIOUS SURFACE - As applied to all surfaces, that portion of the premises covered by buildings, principal and accessory, and other improvements such as driveways, parking lots, pools, tennis courts, patios, porches and walkways. All surfaced parking areas and driveways, all required parking areas which are permitted to remain unsurfaced, and all gravel driveways and gravel parking lots shall be considered an impervious surface for the purposes of this chapter.

INTERESTED PARTY - In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey or, 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 provisions of this chapter, or whose rights to use, acquire, or enjoy property under the provisions of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) or under the provisions of this chapter or under any other law of this state or of the United States have been denied, violated or infringed upon by an action or a failure to act under the provisions of the Municipal Land Use Law and/or this chapter.

JUNKYARD - Any space, whether inside or outside a building, used for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition, salvage, resale or abandonment of automobiles or other vehicles or machinery or parts thereof, except and provided as follows:

       A. Agricultural machinery used by a farming operation on a farm may be stored outside on the subject farm if set back at least fifty feet (50') from all street right-of-ways and all property lines; and

       B. Up to two (2) unlicensed vehicles awaiting repair may be located on any lot within the Township of Blairstown for a time period not exceeding an aggregate of two (2) months, provided that said vehicles are located within side or rear yard areas only.

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

LAND DISTURBANCE - Any activity involving the clearing, cutting, excavating, or grading of land or any other activity which alters land topography and/or vegetative cover.

LIMITED MANUFACTURING - Any activity involving the fabrication, reshaping, reworking, assembly or combining of products, parts and/or materials which:

       A. Does not involve the union of chemicals, compounds or elements to produce a new compound or substance on site for direct industrial sale;

       B. Does not involve the union of chemicals, compounds or elements on site for use during fabrication, reshaping, reworking, assembly, or combining of the products, parts and/or materials, except that the incidental application of chemicals or chemical products brought to the site is permitted pursuant to Subsection C of this definition hereinbelow.

       C. May involve the incidental application of chemicals, compounds or elements of chemical products during the fabrication, reshaping, reworking, assembly or combining of the products, parts and/or materials, including, but not limited to, painting, gluing and cleaning;

       D. Stores and contains any and all products, parts and/or materials utilized during the fabrication, reshaping, reworking, assembly or combining of the products, parts and/or materials within completely enclosed buildings; and

       E. May involve the ancillary storage and warehousing of the items fabricated, reshaped, reworked, assembled or combined during the limited manufacturing activity.

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

LOT - 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. The word "lot" includes the words "plot" and "premises."

LOT AREA - The area contained within the lot lines of a lot and not including any portion of a street right-of-way.

LOT, CORNER - A lot abutting the intersection of two (2) or more streets, where the interior angle of intersection does not exceed one hundred thirty-five degrees (135§). Each corner lot shall have two (2) front yards, one (1) side yard and one (1) rear yard, the side and rear yards to be designated at the time of application for a construction permit

LOT DEPTH - The perpendicular distance between the street line or front lot line and a line drawn parallel thereto through the midpoint of the rear lot line.

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

LOT FRONTAGE - The continuous horizontal distance between the side lot lines measured along the street line. The minimum required lot frontage shall be the same as the minimum required lot width, except that where the lot frontage in its entirety is a curve with an outside radius of less than five hundred feet (500'), the minimum required frontage shall not be less than seventy-five percent (75%) of the required minimum lot width, unless a lesser frontage is permitted by this chapter. In the case of a corner lot, either street line may be considered the lot frontage, provided that it equals or exceeds the minimum frontage requirements of this chapter for the land in question.

LOT, INTERIOR - A lot other than a corner lot.

LOT LINE - Any line forming a portion of the exterior boundary of a lot which is the same line as the street line for that portion of a lot abutting a street.

LOT WIDTH - The straight line horizontal distance between side lot lines at setback points on each side lot line measured from the street line at the minimum required building setback line.

MAINTENANCE GUARANTEE - In accordance with the requirements of this chapter, any security which may be accepted by the Township of Blairstown for the maintenance of any improvements required by this chapter including, but not limited to, surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.

MANUFACTURED HOME - A unit of housing, not including a travel trailer, a camper trailer or other recreational vehicle, which is transportable in one (1) or more sections, which is built on a permanent chassis and which is designed to be used, when connected to utilities, as a dwelling unit on a permanent or nonpermanent foundation.

       A. In accordance with N.J.S.A. 40:55D-102a(4), a manufactured home must be manufactured in accordance with the standards promulgated for a manufactured home pursuant to the "National Manufactured Housing Construction and Safety Standards Act of 1974", Pub. L. 93-383 (42 U.S.C. 5401 et seq.) and the standards promulgated for a manufactured or mobile home by the Commissioner of the Department of Co Affairs pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.).

       B. For the purposes of this chapter, no manufactured home, mobile home other such movable dwelling unit shall be permitted within the Township of Blairstown except in accordance with N.J.S.A. 40:55D-104 of the Municipal Land Use Law.

MEMBERSHIP SWIM CLUB - A swimming pool and the apparatus and equipment pertaining thereto, operated on a membership basis without a daily admission charge.

MINOR SUBDIVISION COMMITTEE - In accordance with N.J.S.A. 40:55D-47a of the Municipal Land Use Law, the Minor Subdivision Committee is established to review and approve certain minor subdivision applications for development on behalf of and in lieu of the Planning Board. The Minor Subdivision Committee shall consist of three (3) members of the Planning Board appointed by the Planning Board Chairman, who also shall designate a Chairman and Secretary of the Minor Subdivision Committee. The Planning Board Chairman also may appoint additional persons to serve as advisers to the Minor Subdivision Committee.

MUNICIPAL AGENCY - The Blairstown Township Planning Board, the Blairstown Township Zoning Board of Adjustment or the Blairstown Township Committee when acting pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).

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

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

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

NUISANCE - Any offensive, annoying, unpleasant or obnoxious thing or practice which unreasonably interferes with the enjoyment and use of property.

NURSERY - A type of farm where land and/or greenhouses are used to raise flowers, shrubs and/or other plants for wholesale to landscape contractors and to garden supply retailers.

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 on a contiguous portion of the street or right-of-way.

OFF TRACT - Not located on the property which is the subject of a development application or 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 land area 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, off-street parking and other improvements that are designed to be incidental to the natural openness of the land.

OPEN SPACE ORGANIZATION - An incorporated, nonprofit organization, often times called a "homeowners' association," which operates under a recorded land agreement and provides that:

       A. Each owner is automatically a member;

       B. Each occupied dwelling unit is automatically subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the organization by the Township of Blairstown; and,

       C. Each owner and tenant has the right to use the common property.

OWNER - An individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest to seek development of land.

PARKING SPACE - Any area for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes and public rights-of-way, either within a structure or in the open, in accordance with the following:

       A. Each nonhandicapped space shall not be less than nine feet wide by eighteen feet in length (9'x 18');

       B. Each handicapped space shall not be less than eight feet wide by eighteen feet in length (8' x 18') and shall have an adjacent pedestrian access aisle at least five feet (5') wide, provided that if a different requirement for a handicapped space has been adopted by the state, then the most current requirement shall be met; and

       C. The width and length of each space shall be measured perpendicular to each other regardless of the angle of the parking space to the access aisle or driveway.

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

PERFORMANCE GUARANTEE - In accordance with the requirements of this chapter, any security which may be accepted by the Township of Blairstown in lieu of a requirement that certain improvements be completed prior to final approval of a development application, including, but not limited to, surety bonds, letters of credit under the circumstances specified in the Municipal Land Use Law at NTS.A. 40:55D-53.5, and cash.

PERMITTED USE - Any use of land or buildings as permitted by this chapter.

PLANNED DEVELOPMENT - An area to be developed as a single entity according to a plan in accordance with the applicable requirements of this chapter and which includes common or public open space area as an appurtenance; i.e., a development in which the permitted buildings are grouped closer to each other than would otherwise be permitted, and in which the open space so saved remains an integral element of the development.

PRINCIPAL BUILDING, STRUCTURE OR USE - A building, structure or use which is the main or primary building, structure or use on the lot.

PRIVATE STREET - A street that is not publicly maintained or not intended to be publicly maintained.

PROFESSIONAL OFFICE - The office of a physician, surgeon, dentist, architect, lawyer, land use planner, engineer, real estate broker, insurance broker or similar profession.

PUBLIC PURPOSE USES - The use of land or buildings by the Township of Blairstown or any officially created authority or agency thereof.

RESIDENTIAL AGRICULTURE - The growing and harvesting of plant life and the keeping of nonhousehold animals for the enjoyment of the residents on the property and not for commercial purposes, provided the following:

       A. A lot of at least two (2) acres in size is required for the keeping of one (1) nonhousehold animal;

       B. One (1) additional acre of land is required for each of up to three (3) additional nonhousehold animals; and

       C. One-half (1/2) additional acre of land is required for each additional nonhousehold animal thereafter.

RESIDENTIAL TOOL SHED - A building, accessory to a detached dwelling unit, which is utilized for the storage of tools, lawn and garden equipment and furniture and similar items of personal property owned by the occupants of the detached dwelling unit.

RESTAURANT - Any establishment, however designated, at which food is sold primarily for consumption on the premises and within a building, providing that a drive through window shall be considered as an accessory use to the restaurant requiring conditional use approval by the Township where permitted and in accordance with the applicable provisions of this chapter. However, a snack bar or refreshment stand at a public swimming pool, golf course, playground, playfield or park, operated solely by the agency or group operating the recreational facility and for the convenience of the patrons of the facility, shall not be deemed a restaurant.

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

SELF-STORAGE FACILITY - A building or group of buildings containing separate, individual and private storage spaces of varying sizes available for lease or rent for varying periods of time. [Added 10-19-2005 by Ord. No. 2005-161

SERVICE STATION - Lands and buildings providing for the sale of automotive fuel, lubricants, and automotive accessories. Maintenance and minor repairs for motor vehicles may be provided, but no body repairs or painting or the storage of inoperable, wrecked or unregistered vehicles shall be permitted. Additionally, no car wash operation, car or truck rental, parking for a fee or other activity not specifically a part of the service station use shall be permitted.

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

SETBACK LINE - A line drawn parallel with a street line or proposed street line or lot line and drawn through the point of a building nearest to the street line or proposed street line or lot line. The term "required setback" means a line that is established a minimum horizontal distance from the street line or proposed street line or lot line and beyond which a building or part of a building is not permitted to extend toward the street line or proposed street line or lot line.

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

SHOPPING CENTER - A group of commercial establishments which are planned, constructed and managed as a total entity in accordance with a common architectural theme and which are provided on-site customer and employee parking and the location for the delivery of goods separated from customer access.

SIGHT TRIANGLE EASEMENT AT INTERSECTION - A triangular area established in accordance with the requirements of this chapter in which no grading, planting or structure shall be erected or maintained more than twelve inches (12' above the street center line except for street signs, fire hydrants and light standards.

SIGN - And object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct of attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters figures, design, symbols, fixtures, colors, illumination or projected images.

SITE PLAN - A development plan of one (1) or more lots which shows:

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

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

       C. Any other information that may be reasonably required in order to make an informed determination concerning the adequacy of the plan in accordance with the requirements of this chapter:

       (1) MINOR SITE PLAN - Any development plan which:

       (a) Is limited to the proposed construction of any permitted accessory use which is not exempted from site plan review in § 19-802B of this chapter.

       (b) Consists of an expansion of, or addition to, an existing structure and/or use which is not exempted from site plan review in § 19-800B of this chapter and which expansion or addition:

       [1] Does not account for more than ten percent (10%) additional building coverage nor ten percent (10%) additional lot coverage;

       [2] Does not exceed more than four thousand (4,000) cubic feet of enclosed and roofed area;

       [3] Does not involve a planned development; and

       [4] Does not entail the installation of any road improvements or the expansion of public facilities or the installation of utilities other than normal services.

       (2) MAJOR SITE PLAN - Any site plan which is not classified as a minor site plan.

STORY - That portion of a building included between the upper surface of any floor and the upper surface of the next floor above it or, if there is no floor above it, then the surface between the floor and the ceiling next above it. For the purpose of this chapter:

       A. The interior of a roof shall not be considered a ceiling;

       B. Cellars and basements ordinarily shall not be considered stories when considering the height of a building except, however, that a finished basement and/or cellar in nonresidential buildings shall be considered a story for the purposes of the height, floor area and parking requirements of this chapter unless used solely for ancillary storage; and

       C. A half-story is the area under a pitched roof at the top of a building, the floor of which is at least four feet (4'), but no more than six feet (6'), below the plate.

STREET - Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which:

       A. Is an existing state, county or Blairstown Township roadway; or

       B. Is shown on a plat heretofore approved pursuant to law; or

       C. Is approved by Blairstown Township in accordance with the provisions of this chapter; or

       D. 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

       E. Includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street line. Moreover, for the purposes of the street design and paving requirements of this chapter, all private roads shall be considered streets.

STREET LINE - The edge of the existing or future street right-of-way, whichever may result in the widest right-of-way in accordance with the currently adopted Traffic Circulation Pi an Element portion of the Blairstown Township Master Plan and the applicable design requirements of this chapter. The street line is the dividing line between the street and a lot.

STRUCTURE - A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land, including such things as buildings, fences, poles, signs, towers, tanks, decks, paved or concrete driveways, parking lots and patios, swimming pools and tennis courts; but specifically excluding on-site wastewater treatment and disposal systems.

SUBDIVISION - The division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or other divisions of land for sale or development. The term "subdivision" also shall include the term "resubdivision." However, the following shall not be considered subdivisions within the meaning of this chapter if no new streets are created:

       A. Divisions of land found by the Planning Board to be for agricultural purposes when all resulting parcels are five (5) acres or larger in size;

       B. Divisions of property by testamentary or intestate provisions, provided the division is in conformity with the applicable requirements of this chapter;

       C. Divisions of property upon court order including, but not limited to, judgments of foreclosure;

       D. Consolidation of existing lots by deed or other recorded instrument; and

       E. The conveyance of one (1) 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 all requirements of the Township of Blairstown land development regulations and which are shown and designated as separate lots, tracts or parcels on the Tax Maps of the Township of Blairstown.

       (1) MINOR SUBDIVISION - Any division of land for the creation of not more than three (3) lots (two [2] new lots and the remaining parcel), each fronting upon, and provided vehicular access to, an existing street either improved in accordance with N.J.S.A. 40:55D-35 or granted relief therefrom in accordance with N.J.S.A. 40:55D-36, and which:

       (a) Does not involve any new street or access easement or the installation of any street improvements or the extension of Township facilities, except as may be required along the street frontage of the subject property;

       (b) Does not involve any streets requiring additional right-of-way width as specified in the currently adopted Traffic Circulation Plan Element portion of the Blairstown Township Master Plan and/or the street requirements of this chapter, unless such additional right-of-way width, either along one (1) or both sides of said street(s), as applicable, is deeded to the Township or to the appropriate governmental authority prior to classification as a minor subdivision;

       (c) Does not involve any required off-tract improvements (although off-site improvements may be required as determined during the review of the submitted application);

       (d) Does not involve a planned development;

       (e) Is not in conflict within any provisions or portions of the Township Master Plan;

       (f) Is not deficient in those details and specifications required of minor subdivisions as specified in this chapter;

       (g) Is not a further division of a tract of land for which previous minor subdivision approval has been granted by the Township of Blairstown during the prior two-year period from the date of the current application and where the combination of the proposed and previously approved minor subdivision(g) constitute a major subdivision; and

       (h) Does not adversely affect the future development of the remainder of the parcel of land being subdivided or any adjoining property in accordance with the following:

       [1] If the proposed subdivision is deemed by the Planning Board (or its Minor Subdivision Committee, when applicable) or by the Zoning Board of Adjustment, as the case may be, to potentially adversely affect the future development of the remainder of the parcel or any adjoining property, the reviewing authority may require that the applicant submit a nonbinding conceptual subdivision plat for the remainder of the parcel in accordance with sound planning principals and the applicable zoning and design standards of this chapter, and/or the reviewing authority may determine that the proposed subdivision should more appropriately be classified as a major subdivision because of the potential adverse affects; and

       [2] In its evaluation as to whether the granting of the proposed subdivision may adversely affect the future development of the remainder of the parcel or adjoining property, the reviewing authority shall evaluate each subdivision on its individual merits and shall consider the following:

       [a] The size of the remainder of the parcel;

       [b] The shape of the remainder of the parcel

       [c] The orientation of the remainder of the parcel to adjacent lands

       [d] The amount of linear frontage of the remainder of the parcel on existing streets;

       [e] The appropriate location(s) along the street frontage of the remainder of the parcel for vehicular access; and

       [f] The amount and locations of environmentally sensitive areas on the remainder of the parcel.

       Any readjustment of lot lines resulting in no new lots shall be classified as a minor subdivision for purposes of the application and review requirements specified in this chapter, but not for the purposes of counting the number of minor subdivisions occurring on the subject property.

       (2) MAJOR SUBDIVISION - Any division of land not classified as a minor subdivision.

SWIMMING POOL - A water-filled enclosure, above and/or below the ground, having a depth of more than twenty-four inches (24") and designed, used and maintained for swimming and bathing.

       A. The term "swimming pool" includes hot tubs and whirlpools and other similar water-filled enclosures;

       B. The term "swimming pool" includes all ordinary appurtenances such as buildings, structures and equipment; and

       C. Any portable pool that is not permanently installed and meets all of the following criteria is not considered a swimming pool and is not subject to the provisions of this chapter:

       (1) Does not require water filtration, circulation and purification;

       (2) Does not exceed twenty-four inches (24') in depth;

       (3) Does not exceed a water surface of two hundred fifty (250) square feet; and

       (4) Does not require braces or supports.

TOWNSHIP - The Township of Blairstown, Warren County, New Jersey.

TRACT - An area of land composed of one (1) or more lots adjacent to one another, having sufficient dimensions and area to make one (1) parcel of land meeting the requirements of this chapter for the use(s) intended.

TRAILERS OR CAMPERS - Recreational equipment and vehicles in the following categories, limited in each case to not more than thirty feet (30') in length and eight feet (8') in width:

       A. TRAVEL TRAILER - A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses;

       B. PICKUP CAMPER - A structure designed primarily to be mounted on a truck chassis and with sufficient equipment to render it suitable for use a temporary dwelling for travel, recreational and vacation uses;

       C. MOTORIZED HOME - A portable dwelling designed and constructed as an integral part of a self-propelled vehicle; and

       D. FOLDING TENT TRAILER - A folding structure, mounted on wheels and designed for travel, recreational and vacation uses.

USE - The purpose or activity for which land or structures are arranged or designed, or the purpose or activity for which either land or structures are, or may be, used, occupied or maintained. The term "permitted use" does not include the term -nonconforming use."

VARIANCE - Permission granted to an applicant for development by the Planning Board or the Zoning Board of Adjustment, as the case may be, to depart from the literal requirements of the zoning provisions of this chapter.

YARD - An open space that lies between the principal or accessory building or buildings and the nearest lot line.

       A. FRONT YARD - The open space extending across the full width of the lot and lying between the street line and the closest point of any building on the lot. The depth of the front yard shall be measured horizontally and at right angles to either a straight street line or the tangent of curved street lines.

       B. REAR YARD - The open space extending across the full width of the lot and lying between the rear lot line and the closest point of the principal building on the lot. The depth of the rear yard shall be measured horizontally and at right angles to either a straight rear lot line or the tangent of curved rear lot lines.

       C. SIDE YARD - The open space extending from the front yard to the rear yard and lying between each side lot line and the closest point of the principal building on the lot. The width of the side yard shall be measured horizontally and at right angles to either a straight line or the tangent lines of curved lot lines.

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

ZONING MAP - The map referred to in § 19-303 of this chapter which shows the boundaries of the zoning districts and the areas designated for the optional development alternatives.

ZONING OFFICER - The person or persons designated by the Blairstown Township Committee to administer and enforce the zoning provisions of this chapter and issue zoning permits.

ZONING PERMIT - A document signed by the Zoning Officer which:

       A. May be required by this chapter as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building; and

       B. Acknowledges that the use, structure or building complies with the provisions of this chapter or with the provisions of a variance as may have been granted by Planning Board or Zoning Board of Adjustment.

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:

       [1] A county planning agency; or

       [2] 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 AREAS - An area or feature which is of significant environmental value, including, but not limited to, stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; 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, Township of Blairstown, 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 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:

       [1] Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;

       [2] Designated as CAFRA Centers, Cores or Nodes;

       [3] Designated as Urban Enterprise Zones; and

       [4] Designated as Urban Coordinating Council Empowerment Neighborhoods.

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."

ADULT BOOKSTORE - An establishment having as a substantial or significant portion of its stock-in-trade, books, magazines and/or other periodicals, adult videos or DVDs, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas or an establishment with a segment or section devoted to the sale or display of such material. [Amended 10-19-2005 by Ord. No. 2005-16]

ADULT MOTION PICTURE THEATER - An enclosed building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas for observation by patrons therein.

ADULT MINI MOTION-PICTURE THEATER - An enclosed building with a capacity for less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas for observation by patrons therein.

SPECIFIED SEXUAL ACTIVITIES - Includes the following:

       (a) Human genitals in a state of sexual stimulation or arousal;

       (b) Acts of masturbation, sexual intercourse or sodomy; and/or

       (c) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast

APPEAL - A request for the review of the Township Construction Official's interpretation of any provision of this section or a request for a variance from the Planning Board.

AREA OF SHALLOW FLOODING - A designated AO or VO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one (1) to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident.

AREA OF SPECIAL FLOOD HAZARD - Land in the floodplain within the Township subject to a one percent (1%) or greater chance of flooding in any given year.

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

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

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

CHANNEL - The bed and banks of the watercourses located within the boundaries of the Township of Blairstown which convey the normal flow of said watercourses most of the time.

DELINEATED STREAM - A stream that has a delineated flood way officially adopted by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:13.

DESIGN FLOOD PROFILE - The elevations of the water surface of the flood way design flood and the flood hazard area design flood.

DEVELOPMENT - Any man-made change. to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging; or storage of equipment or materials filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

ELEVATED BUILDING - A nonbasement building built to have the top of the elevated floor elevated above the ground level by means of piling, columns (posts and piers) or shear walls parallel to the flow of the water and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. "Elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.

FLOOD ELEVATION DETERMINATION - The determination of the water surface elevations of the design flood, i.e., the flood level that has a one-percent or greater chance of occurrence in any given year.

FLOOD FRINGE AREA - The portion of the flood hazard area not designated as the flood way.

FLOOD HAZARD AREA - The flood way and the flood fringe area of a delineated stream.

FLOOD HAZARD AREA DESIGN FLOOD - The 100-year storm in nondelineated areas and the 100-year storm plus twenty-five percent (25%) in delineated areas.

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

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

FLOOD OR FLOODING - A general and temporary condition of partial or complete inundation of normally dry areas from:

       (1) Inland or tidal waters; and

       (2) The unusual and rapid accumulation of runoff of surface water from any source

FLOODPLAIN - The relatively flat area adjoining the channel of a natural stream which has been or may be hereafter covered by floodwater.

FLOODPLAIN MANAGEMENT REGULATIONS - State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

FLOODPROOFING - Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents

FLOOD WAY - 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 flood flow of any natural stream without accumulatively increasing the water surface elevation any more than two-tenths (0.2) feet.

FREEBOARD - A factor of safety usually expressed in feet above the base flood elevation. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the base flood elevation.

HISTORIC STRUCTURE - Any structure that is:

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

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

       (3) Individually listed on a state inventory of historic places approved by the Secretary of the Interior; or

       (4) Individually listed on a local inventory of historic places:

       (a) Approved by a state program as authorized by the Secretary of the Interior; or

       (b) Directly approved by the Secretary of the Interior.

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

MANUFACTURED HOME - A structure, transportable in one (1) or more sections which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For the purposes of floodplain management, the term "manufactured home" includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers or other similar recreation vehicles.

MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISIONS - A parcel (or contiguous parcels) of land divided into two (2) or more manufactured homes lots for rent or sale.

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

RECREATION VEHICLE - A vehicle which is built on a single chassis; four hundred (400) square feet or less when measured at the largest horizontal projections; designed to be self-propelled or permanently towable by a light-duty truck; and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, - travel or seasonal use.

START OF CONSTRUCTION - Includes substantial improvement and means the date the building permit was issued, provided the actual -start of construction, repair, reconstruction, placement, or other improvement commenced within one hundred eighty (180) days of the permit date.

       (1) The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation.

       (2) Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

       (3) For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STREAM - A watercourse having a drainage area of over fifty (50) acres.

STREAM CORRIDOR - Includes the area within a flood way, floodplain, flood hazard area and buffer strips one hundred feet (100) from the top of the channel banks of the stream. If the floodplain or flood hazard area extends for more than one hundred feet (100) from the top of the channel bank, said larger area shall be the stream corridor.

STRUCTURE - For floodplain management purposes, a walled or roofed building, a manufactured home, including without limitation, gas or liquid storage tanks, that is principally above ground. For insurance purposes, "structure" means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site. For the latter purpose, the term includes a building while in the course of construction, alteration or repair but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such material or supplies are within an enclosed building on the premises.

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

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

       (1) Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which is solely necessary to assure safe living conditions; or

       (2) Any alteration of a structure listed on the National Register of Historic Places or the State Register of Historic Places.

VARIANCE - A grant of relief by the Planning Board from the requirements of this section permitting construction in a manner otherwise prohibited by this section because the literal enforcement would result in unnecessary hardship.

AIRPORT - Any area of land or water, or both, designed and set aside for the landing and taking off of fixed-wing aircraft, utilized or to be utilized by the general public for such purposes, publicly or privately owned, and licensed by the Commissioner of the Department of Transportation as a public use airport or landing strip.

AIRPORT HAZARD AREA - An airport hazard area, to be established for each runway at the airport open to the public, shall consist of a runway subzone, two (2) runway end subzones and two (2) clear zones, each to be geometrically drawn. The outermost borders of the various zones and subzones comprise the outermost boundaries of the airport hazard area, and it is the area within these outermost boundaries that are regulated by the provisions of this chapter section.

BUILDING RESTRICTION LINE - A line that is a specified distance from the center line of a runway; between this line and the runway, there may be no buildings, structures, trees or other such permanent or semipermanent obstructions.

CLEAR ZONES - The clear zones of an airport hazard area consist of trapezoids located within the runway end subzone along the flight approach and departure path.

       (1) Each clear zone shall extend one thousand feet (1,000') from the end of the runway subzone, as measured along the extended center line of the runway.

       (2) The base of the clear zone shall be collocated with the end of the runway subzone and shall have a width of two hundred fifty feet (250').

       (3) The width of the clear zone shall increase as the distance from the end of the runway safety area increases until the final width of the clear zone reaches four hundred fifty feet (450').

EFFECTIVE RUNWAY LENGTH - The distance measured along a runway center line from a point on the runway surface where there is a specified slope intersection from obstacles within a specified approach zone to the runway in the direction of travel during the landing. Regarding the initial licensing criteria, the effective runway length is affected and reduced by the runway gradient to the extent of twenty percent (20%) for each one percent (1%) of longitudinal gradient in excess of two percent (2%) longitudinal gradient.

FIXED OR MOVABLE OBSTRUCTION - As used in the context of an obstacle-free zone, any use of land or water, including lateral taxiway to runway center-line clearance, and any man-made or natural structure or body that is fixed or movable and is higher than one (1) meter. Objects such as visual approach slope indicators, wind indicators and the like, are exempted from being such fixed or movable obstructions when they are mounted on frangible posts. Agricultural crops also may be exempted upon application and review.

RUNWAY LENGTH AND RUNWAY WIDTH - The dimensioned area usable for the landing or takeoff of aircraft, which may be paved, unpaved or water. Along their length, a runway is required to have a minimum sighting distance between points 1.5m (5') high for all distances separated by 350m (1,148').

RUNWAY SUBZONE - A rectangular area within an airport hazard area having the same center line and length as the runway, unless a shorter length is necessitated by limited property ownership at the airport. The width of the runway subzone shall be two thousand three hundred fifty feet (2,350') and the length of the runway subzone shall be the same as the physical length of the runway.

RUNWAY END SUBZONE - A trapezoidal area within an airport hazard area located at both ends of the runway subzone along the flight approach and flight departure paths.

       (1) Each runway end subzone shall extend three thousand feet (3,000') from the end of the runway subzone, as measured along the extended center line of the runway.

       (2) The base of the runway end subzone shall be defined by the end of the runway subzone and shall have a width of two thousand three hundred fifty feet (2,350').

       (3) The width of the runway end subzone shall narrow as the distance from the end of the runway subzone increases until the final width of the runway end subzone reaches eight hundred fifty feet (850').

RUNWAY SAFETY AREA - An area in which a runway is symmetrically located and is graded to be smooth and level. The runway safety area shall be maintained in such a condition that aircraft operating thereon may do so safely and with no damage.

TAXIWAY - A pathway for the movement of an aircraft on the surface, usually connecting the landing and takeoff area or runways with support facilities.

THRESHOLD - A line, located at right angles to the runway center line and extending for the full width of the runway, which is established for the purpose of identifying the beginning of the runway area that is designated for the landing of airplanes.

VFR RUNWAY, 5,000-FOOT APPROACH SURFACE (MINIMUM STANDARD) - A runway approach/departure path that is 1,524m (5,000') in length, 76m (250') in width at the inner surface, and expands uniformly to 381m (1,250') in width at the outer surface

       (1) The VFR runway approach/departure path has a 20/1 ratio upward slope from the ground from its inner surface and is free of penetrating obstacles.

       (2) From its inner surface to 305m (1,000') outward, the VFR runway approach/departure path surface and clear zone define the same area and always are collocated.

AFFORDABLE ACCESSORY APARTMENT - A self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance which is created to be occupied by a low- or moderate-income household in accordance with the applicable provisions of the Substantive Rules of the New Jersey Council on Affordable Housing (COAH) at N.J.A.C. 5:93-1 et seq. The affordable accessory apartment may be created within an existing dwelling unit, may be created within an existing structure on the lot or be an addition to an existing home or accessory building.