This chapter may be cited and referred to as the "Howell Township Land Use Ordinance."

A. This chapter is intended to regulate the development and use of land within the Township of Howell pursuant to the N.J.S.A. 40:55D-1 et seq. and the Master Plan of the Township of Howell, and to secure safety from fire, flood, panic and other natural and man-made disasters; provide adequate light, air and open space; limit and restrict buildings and structures according to their type and the nature and extent of their use, and regulate the nature and extent of the use of land for trade, industry, residence, open space or other purposes; regulate the bulk, height, number of stories and size of buildings and other structures; avoid a conflict with the development and general welfare of neighboring municipalities, the county and the state; establish appropriate population densities and concentrations contributing to the well-being of persons, neighborhoods, communities and regions and the preservation of the environment; provide sufficient space for agricultural, residential, recreational, commercial and industrial uses and open space; encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging the location of such facilities and routes which result in congestion or blight; promote a desirable visual environment; promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land; and encourage coordination of various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land.

B. For bulk and dimensional requirements for nonresidential uses, see Schedule II, and for bulk and dimensional requirements for residential uses not otherwise set forth in this chapter, see Schedule III. [Added 5-24-2011 by Ord. No. 0-11-13]

This chapter integrates into one law several formerly separate ordinances pertaining to the regulation of land development in the Township of Howell. Thus the regulations pertaining to zoning, land subdivision and site plan procedures are set forth herein. In order to encourage consistency and economy in the publication, interpretation, and administration of these regulations, this Article I of the chapter contains definitions and rules of general applicability which pertain to all applications for development. For the sake of convenience, the articles pertaining to zoning, site plan procedures, and subdivisions, are available for purchase from the Township of Howell as separate elements.

A. Verbs used in the present tense include the future tense, the singular number includes the plural, and the plural the singular. The term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action. The phrase "such as" where used herein shall be considered as introducing a typical or illustrative rather than an entirely exclusive or inclusive designation of permitted or prohibited uses, activities, establishments or structures.

B. Certain words, phrases and terms in this chapter are defined as follows:

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

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

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

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

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

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

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

AGRICULTURAL USE Land which is devoted to the production of plants and animals useful to man, including but not limited to forages, and sod crops, grain and feed crops; dairy animals and dairy products; livestock, including beef, cattle, sheep, swine, horses, ponies, mules or goats, including the breeding, boarding, training and grazing of any or all such animals except that livestock shall not include dogs; bees and apiary products; fur animals; trees and forest products, or when devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agreement with an agency of the federal government. [Amended 10-16-2007 by Ord. No. O-07-41]

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

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

APPLICANT A developer submitting an application for development.

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

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

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

AUTOMOBILE WRECKING See "junkyard."

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

COMPOSTING A controlled process of degrading organic matter by microorganisms.

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

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

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

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

DAYS Calendar days.

DECK See "structure."

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

DEVELOPMENT The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or land or extension of use of land, for which provision may be required pursuant to this chapter.

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

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

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

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

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

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

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

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

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

ENVIRONMENTAL COMMISSION The Environmental Commission of the Township of Howell created pursuant to N.J.S.A. 40:56A-1 et seq.

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

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

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

FARMING Agricultural or horticultural activity as defined in this chapter.

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

FINAL APPROVAL The official action of the Planning Board taken on a preliminarily approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees. Said map, and other documents as required in Articles XIII and XIV shall be submitted within three years of the date of preliminary approval or extension. The duration of said final approval shall be as set forth in N.J.S.A. 40:55D-52. [Amended 12-16-2003 by Ord. No. 0-03-43]

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

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

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

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

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

GARAGES :

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

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

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

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

HORTICULTURAL USE Land which is devoted to the production of fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or when devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agreement with an agency of the federal government.

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

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

INTERESTED PARTY :

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

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

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

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

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

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

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

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

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

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

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

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

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

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

MAJOR SUBDIVISION All subdivisions not classified as minor subdivisions.

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

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

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

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

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

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

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

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

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

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

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

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

ON SITE Located on the lot in question.

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

OPEN SPACES Any parcel of land or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such area may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designated to be incidental to the natural openness of the land. Open space may include farm land set aside in perpetuity intended for the preservation of the farming use. [Amended 3-4-2002 by Ord. No. 0-02-6]

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

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

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

PLANNING BOARD The Planning Board of the Township of Howell.

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

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

PRELIMINARY APPROVAL The conferral of certain rights pursuant to this chapter for subdivision or site plan approval and prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.

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

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

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

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

PUBLIC AREAS

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

(2) Other open public spaces;

(3) Scenic and historic sites;

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

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

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

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

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

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

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

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

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

RESUBDIVISION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

STANDARDS OF PERFORMANCE

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

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

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

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

STREET Any street, avenue, boulevard, road, land, parkway, viaduct, alley or other way which is an existing state, county, or municipal roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action or a street or way on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, and includes the land between the street lines. For the purpose of this chapter, streets shall be classified as follows:

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

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

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

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

(5) Alleys are minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

STRUCTURE A combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land. A wood deck may be freestanding or attached to a building, consisting of footings, frame, decking, railings and stairs. A freestanding deck may be multilevel but shall not exceed four feet in height. An attached deck may be multilevel but shall not exceed two stories in height. At no time shall a deck be enclosed so as to form a habitable room or space.

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

SUBDIVISION The division of a lot, tract, or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development except that the following divisions shall not be considered subdivisions; provided, however, that no new streets or roads are involved: divisions of land found by the Planning Board to be for agricultural purposes where the resulting parcels are five acres or larger in size; or divisions of property by testamentary or intestate provisions, or divisions of property upon court order. Subdivision also includes "resubdivision."

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

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

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

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

TRANSFER STATION An intermediate destination for solid waste.

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

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

WASTE

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

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

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

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

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

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

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

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

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

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

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