Township of East Amwell, NJ Article III Definitions

§ 92-3 Word usage.

[Amended 7-14-1994 by Ord. No. 94-10]

In the interpretation of this chapter, the provisions and rules set forth below shall be observed and applied, except when the context or the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) clearly requires otherwise:

A. Words used or defined in one tense or form shall include other tenses and derivative forms.

B. Words in the singular shall include the plural, and words in the plural shall include the singular.

C. The masculine gender shall include the feminine, and the feminine gender shall include the masculine.

D. The word "shall" is mandatory.

E. The word "may" is permissive.

F. In case of any difference of meaning or implication between the text of this chapter and any caption, the text shall control.

§ 92-4 Terms defined.

A. The following words and phrases in this chapter are used as defined in the Municipal Land Use Law, as amended: Application for Development, Building, Circulation, Common Open Space, Conventional County Master Plan, County Planning Board, Days, Development Regulations, Division, Drainage, Erosion, Final Approval, Maintenance Guarantee, Interested Party, Lot, Master Plan, Mayor, Municipal Agency, Nonconforming Lot, Official County Map, Official Map, Off Site, Off Tract, On Site, On Tract, Party Immediately Concerned, Performance Guarantee, Planned Development, Planning Board, Plat, Preliminary Approval, Preliminary Floor Plans and Elevations, Public Areas, Public Development Proposal, Public Drainage Way, Public Open Space, Quorum, Residential Cluster, Residential Density, Resubdivision, Site Plan, Standards of Performance, Structure, Permit, Transcript.

[Amended 9-13-2001 by Ord. No. 01-19; 3-8-2018 by Ord. No. 18-02]

B. For purposes of this chapter, phrases and words are defined as follows:

ACCESSORY BUILDING, STRUCTURE OR USE

A building or structure, or use which:

[Amended 7-14-1994 by Ord. No. 94-10; 3-8-2001 by Ord. No. 01-02]

(1) Is subordinate to and serves a principal building or a principal use.

(2) Is subordinate in area, extent and purpose to the principal building or a principal use.

(3) Is ordinarily and customarily associated within the principal use, and includes solar energy systems, as defined herein, using both existing and experimental technologies.

[Amended 9-8-2005 by Ord. No. 05-25[1]]

(4) Is located on the same lot as the building or principal use served, except as otherwise expressly authorized by the provisions of this chapter.

(5) If it is accessory to a single-family residence, is limited to a garage, storage shed, swimming pool, gazebo, greenhouse, and similar structure which is ordinarily and customarily associated with a single-family residence as a principal use. Solar energy systems, as defined herein, using both existing and experimental technologies, are also included as accessory to a single-family residence. See, e.g.,“farm building”; and

[Amended 9-8-2005 by Ord. No. 05-25[2]]

(6) Has differing setback requirements depending upon its class size as follows:

(a) Class I accessory buildings or structures: 100 square feet or less;

(b) Class II accessory buildings or structures: over 100 square feet and up to and including 750 square feet;

(c) Class III accessory buildings or structures: over 750 square feet and up to and including 2,000 square feet;

(d) (See setback requirements for each district; but see § 92-58I for setbacks for clustered lots of less than 1.5 acres in size). No accessory building, structure or use, as defined in this section, shall be allowed over 2,000 square feet.

ADMINISTRATIVE OFFICER

The Planning Board Secretary for Planning Board matters; and the Zoning Officer for zoning matters as specified in the Municipal Land Use Law.

[Amended 12-30-2002 by Ord. No. 02-22; 3-8-2018 by Ord. No. 18-02]

ADT

Average daily traffic.

[Added 7-14-1994 by Ord. No. 94-10]

ADVERSE EFFECT

Development designs or existing features on a developer's property, or nearby property, creating, imposing, aggravating or leading to impractical, unsafe, unsatisfactory or noncomplying conditions such as a layout inconsistent with the zoning regulations; insufficient street width; unsuitable street grade; unsuitable street location; inconvenient street system; inadequate utilities such as water, drainage, shade trees, and sewerage; unsuitable size, shape and location of any area reserved or dedicated for public use or land for open space in a planned development; infringement upon land designated as subject to flooding; and the creation of conditions leading to soil erosion by wind or water from excavation or grading; all as set forth in N.J.S.A. 40:55D-38 and measured against the design and performance standards of this chapter.

AGRICULTURAL DEED RESTRICTION

Recorded deed restriction imposed by a landowner on his/her land restricting its use to agricultural purposes in accordance with the requirements of § 92-91J of this chapter.

[Added 3-25-1999 by Ord. No. 99-06]

AGRICULTURAL SUBDIVISION

A form of exempt subdivision (determined by the Planning Board) that is five acres or larger, will not contain a dwelling unit on the designated agricultural tract, and will be deed restricted to agriculture for at least 15 years.

AGRICULTURAL USE

Production for sale of plants and animals useful to man, including but not limited to: forages and sod crops; grains and feed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, llamas, horses, ponies, mules or goats, including the breeding, boarding, raising, rehabilitating, training or grazing of any or all of 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 and other compensation pursuant to a soil conservation program under an agreement with an agency of the federal government. For the purposes of this chapter, agricultural use does not include a "dwelling." (See definition of "farm.") Other provisions hereof notwithstanding, agricultural use shall not include intensive poultry or swine production or intensive animal feed lot operations. Agricultural use shall include the following activities, but not by way of limitation:

[Amended 3-25-1999 by Ord. No. 99-06; 9-9-1999 by Ord. No. 99-20]

(1) Use of irrigation pumps and equipment, aerial and ground seeding and spraying, tractors and other equipment.

(2) Use of necessary farm laborers.

(3) The application of chemical fertilizers, insecticides and herbicides in accordance with manufacturers instructions and the application of manure.

(4) The grazing of animals and use of range for fowl subject to the standards and regulations for intensive fowl and livestock use.

(5) Construction of fences for these animals and livestock.

(6) The traveling and transportation of large slow-moving equipment over roads within the Township.

(7) The control of vermin and pests, provided that such control is practiced under applicable state fish and game laws.

(8) The use of land for recreational use, e.g. snowmobiling, trail riding, hunting, etc., shall be done only with the permission of the farm owner. Any recreational use of the farmland which changes the underlying agricultural nature of the use shall be subject to the usual site plan review, variance application and all permits where otherwise required.

[Added 7-14-1994 by Ord. No. 94-10]

	The purpose of these rights is to produce agricultural products, e.g., vegetables, grains, hay, fruits, fibers, wood, trees, plants, shrubs, flowers, and seeds.
	The foregoing uses, activities and rights when reasonable and necessary for farming, livestock, or fowl production and when conducted in accordance with generally accepted agricultural practices may occur on holidays, Sundays, and weekends by day or night and includes the attendant and incidental noise, odors, dust, and fumes associated with these practices.
	It is hereby determined whatever nuisance may be caused to others by these uses and activities is more than offset by the benefits from farming to the neighborhood community and society in general by preservation of open space, the beauty of the countryside, and clean air. The preservation and continuance of farming operations in East Amwell Township and New Jersey is a source of agricultural products for this and future generations and saves a nonreplenishable source, e.g., the land.

ANTIQUE SHOP

Any retail shop which deals in goods and objects (such as furniture, textiles, silverware, glass, jewelry and baskets) made in a former period and considered to be of value due to their quality, style, appearance or age. At least 90% of the goods and objects offered for sale must be 50 years old or older.

APARTMENT

A dwelling unit in a structure which is self-contained and shall not require passing through another dwelling unit or indirect route(s) to get to any portion of the dwelling unit. This shall not include shared facilities with another housekeeping unit. An apartment shall only be located in a structure, such as a house, which predates June 21, 1963, an outbuilding which predates June 21, 1963, or a barn. (See §§ 92-89D, 92-90D, 92-91D, 92-94D, 92-89D, 92-90D, 92-91D, 92-94D, 92-89B, 92-90B, 92-91B.)

[Amended 9-12-2002 by Ord. No. 02-18][3]

APPLICANT

Under Articles I through VII of this Land Management Ordinance, any person or entity of any status filing an application with an approving authority under the terms of this chapter and any developer submitting an application for development. Under Chapter 43 of the Code, the person or persons applying for financial assistance for housing rehabilitation in accordance with the provisions of this ordinance and/or the Housing Element of the Master Plan.

[Amended 3-8-2001 by Ord. No. 01-02]

APPLICATION

Submission of an application form provided by the Township and completed by the applicant together with all accompanying documents required by this chapter for approval of the application for development, including where applicable, but not limited to, a site plan or subdivision plat, provided that the approving authority may require such additional information not specified in the ordinance, or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for the development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the approving authority. An application shall be certified as complete immediately upon the meeting of all requirements specified in the ordinance and in the rules and regulations of the approving authority, and shall be deemed complete as of the day it is so certified by the administrative officer for purposes of the commencement of the time period for action by the approving authority.

APPROVING AUTHORITY

The Planning Board unless a different agency is designated in this chapter pursuant to the Municipal Land Use Law.

AREA OF SHALLOW FLOODING

A designated AO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three 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

The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.

ATTACHED HOUSING

A form of housing where at least two, but not more than four, dwelling units are designed within one structure. The dwelling units would share common walls.

AUTOMATIC TIMING DEVICE

A switching device which includes a clock that controls the time period of illumination.

[Added 7-14-1994 by Ord. No. 94-10; amended 6-8-2006 by Ord. No. 06-15]

AUTOMOBILE SERVICE STATION

Land and building providing for the sale of fuel, lubricants and automotive accessories and for maintenance and minor repairs for motor vehicles, excluding body repairs or the storage of inoperable or wrecked vehicles. (See § 92-70.)

AUTOMOBILE WASH

Any building or premises or portions thereof used for washing automobiles.

[Added 7-14-1994 by Ord. No. 94-10]

AUTO BODY SHOP

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.

[Added 7-14-1994 by Ord. No. 94-10]

AUTOMATIC CAR WASH

A structure containing facilities for washing automobiles using a chain conveyer or other method of moving the cars along, and automatic or semiautomatic equipment for cleaning and drying.

[Added 7-14-1994 by Ord. No. 94-10]

BARN

Any farm building accessory to an agricultural use, and used for the housing, storage or preparation for marketing of plants or animals, provided that a barn is permitted only where the use of the plants or animals to be housed, stored or prepared for marketing is an otherwise permitted use under this chapter.

[Added 7-14-1994 by Ord. No. 94-10; amended 3-8-2001 by Ord. No. 01-02]

BASE FLOOD

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

BASEMENT

Any area of the building having its floor subgrade (below ground level) on all sides.

BED-AND-BREAKFAST

A private, detached single-family dwelling that is occupied by its owner, as the owner's primary residence, on a year-round basis, includes income producing overnight lodging for traveling guests in dedicated guest rooms that do not include cooking facilities, and limits its services to guests to maid service, linen service, incidental food service such as continental breakfasts and afternoon tea, and other incidental, non-labor-intensive, low-cost services. This definition shall also include similar, internet platform lodging establishments.

[Amended 6-13-2019 by Ord. No. 19-08]

BERM

A mound of soil, either natural or man-made.

[Added 7-14-1994 by Ord. No. 94-10]

BILLBOARD

An off-site lettered or pictorial advertising sign.

BMP MANUAL

The New Jersey Stormwater Best Management Practices Manual, published by the New Jersey Department of Environmental Protection, Division of Watershed Management, latest edition.

[Added 11-8-2007 by Ord. No. 07-16[4]]

BOUNDARY LINE ADJUSTMENT

A subdivision where the lot line is moved, but no new lot is created.

BREAKAWAY WALL

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

BUILDING COVERAGE

The area of a lot covered by buildings.

BUILDING HEIGHT

The vertical distance to the highest roof surface from the finished grade along the building wall closest to the street, excluding any decorative or added-on features such as a cupola, chimney, steeple, antenna or similar add-on.

[Amended 9-12-2002 by Ord. No. 02-18]

BUFFER

A transitional portion of a lot devoted to lessening adverse impacts such as visual and noise conditions from one area to another usually by providing unusual land, woods, landscaped areas, fencing or similar screening technique(s). (See § 92-46.)

CAPITAL IMPROVEMENT

A governmental acquisition of real property or major construction project.

[Added 7-14-1994 by Ord. No. 94-10]

CAPITAL IMPROVEMENTS PROGRAM

A proposed schedule of all future capital improvements listed in order of construction priority including cost estimates and the anticipated means of financing each project.

[Added 7-14-1994 by Ord. No. 94-10]

CARTWAY

The hard or paved surface portion of a street customarily used by 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 that portion between the edges of the paved or graded width.

[Added 7-14-1994 by Ord. No. 94-10]

CLUB

A private organization established principally for the enjoyment of outdoor recreation such as golf, tennis, swimming, riding, hiking and fishing. Accessory facilities may be included if clearly subordinate to the outdoor use such as covered tennis courts fewer in number than open courts, year-round pools, lockers and incidental eating and social facilities.

[Added 7-14-1994 by Ord. No. 94-10]

CLUSTER DEVELOPMENT

A planned development technique based on a density of dwelling unit(s) per acre. The permitted number of dwelling units is then clustered onto one or more portions of the overall tract on reduced lot sizes so that individual segments of the tract have higher densities, provided that other portions of the tract are left in open space or common property so that the gross density limitation of the entire tract is not exceeded.

COAH

The New Jersey Council on Affordable Housing established by the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).

COMMON PROPERTY

Land or water, or a combination, together with improvements, 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 property includes common open space and may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

COMMUNITY SEPTIC SYSTEM

A septic system for more than one building as defined by the regulation of the New Jersey Department of Environmental Protection.

[Added 7-14-1994 by Ord. No. 94-10]

COMPLETE APPLICATION

Submission of an application form provided by the Township and completed by the applicant, together with all accompanying documents required by this chapter, for approval of the application for development, and including requests for waivers from one or more of the application requirements. An application shall be certified as complete within 45 days upon the meeting of all requirements specified in the ordinance and in the rules and regulations of the approving authority, and shall be deemed complete as of the day it is so certified by the administrative officer for the purposes of the commencement of the time period for action by the approving authority.

CONDITIONAL USE

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

CONSERVATION (GREENWAY) EASEMENT

An easement generally prohibiting the construction of buildings and intended for protection of environmentally sensitive areas including mature tree stands, floodplains, important views and critical areas as defined by this chapter.

[Added 7-14-1994 by Ord. No. 94-10]

CONSTRUCTION PERMIT

The construction permit required under the New Jersey State Uniform Construction Code Act for new construction, renovation, alterations or additions, or a combination thereof.

[Added 12-30-2002 by Ord. No. 02-22]

CONTIGUOUS LANDS

Land which is connected to or adjacent to other land so as to provide one land planning unit. For the purpose of this chapter, "contiguous land" may include properties separated by dedicated roads.

[Added 7-14-1994 by Ord. No. 94-10]

CONVENIENCE STORE

A retail store or shop located on a highway or oriented to highway traffic, which sells items such as dairy products, auto products, beverages, small quantities of vegetables and fruit, magazines, newspapers and other printed periodicals, baked goods, etc. The store is not intended to serve a specific neighborhood.

[Added 7-14-1994 by Ord. No. 94-10]

CONVENTIONAL ZONING

Zoning which employs a fixed minimum lot size requirement, as specified in the appropriate district regulations under Article VII.

[Added 3-25-1999 by Ord. No. 99-06]

COUNCIL ON AFFORDABLE HOUSING

The Council established by the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq., also known as "COAH."

COUNTRY CLUB

A recreational facility, which may or may not be restricted to members and their guests, that generally includes a clubhouse, dining and eating establishments, overnight accommodations for guests, and recreational facilities such as golf courses, tennis courts, and swimming pools.

[Added 11-12-2020 by Ord. No. 20-18]

COVERAGE, LOT

The square footage or other area measurement by which all buildings and impervious surfaces cover a lot as measured in a horizontal plane to the limits of the impervious area(s). All surfaced parking areas and all required parking areas which are permitted to remain unsurfaced shall be included in the computation of lot coverage.

[Added 7-14-1994 by Ord. No. 94-10]

CRITICAL AREAS

Water bodies (including streams, ponds and lakes), one-hundred-year floodplains, wetlands and slopes over 30%.

CUL-DE-SAC

A dead end street, with a turnaround area at the end. (See § 92-74G.)

DAY-CARE OR CHILD-CARE CENTER

A facility duly licensed by the State of New Jersey for the accommodation of children.

[Added 7-14-1994 by Ord. No. 94-10]

DENSITY

A number expressing dwelling units per gross acre of land.

DETENTION BASIN

A man-made or natural water collection facility, designed to collect surface and subsurface water in order to impede its flow and to release the same gradually at a rate not greater than that prior to the development of the property, into natural or man-made outlets.

[Added 7-14-1994 by Ord. No. 94-10]

DEVELOPER

Any individual, person, partnership, association, company or corporation, which improves property.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.

DEVELOPMENT FEES

Money paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted in COAH's rules.

DUSK-TO-DAWN LIGHTS

Light fixtures which turn on automatically at sundown and turn off automatically at sunrise.

[Added 6-8-2006 by Ord. No. 06-15]

DWELLING, SINGLE-FAMILY

A detached building containing one dwelling unit.

DWELLING UNIT

A room or series of connected rooms containing living, cooking, sleeping and sanitary facilities for one family.

EASEMENT

The right afforded the public or another person to make limited use of another person's real property such as a conservation, preservation, drainage or access easement.

ELEVATED BUILDING

A nonbasement building built in the case of a building in an area of special flood hazard to have the top of the elevated floor or in the case of a building in a coastal high-hazard area to have the bottom of the lowest horizontal structural member 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. In an area of special flood hazard, elevated building also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In areas of coastal high hazard, elevated building also includes a building otherwise meeting the definition of elevated building even though the lower area is enclosed by means of breakaway walls.

ENVIRONMENTAL IMPACT STATEMENT

See § 92-52.

EQUALIZED ASSESSED VALUE

The value of a property determined by the Municipal Tax Assessor through a process designed to ensure that all property in the municipality is assessed at the same assessment ratio or ratios required by law. Final equalized assessed value will be determined at project completion by the Municipal Tax Assessor.

EXCAVATION

The result of any act by which soil or rock is cut into, excavated, dug, quarried, uncovered, removed, displaced or relocated.

[Added 7-14-1994 by Ord. No. 94-10]

EXEMPT SUBDIVISION

See definition of "subdivision."

EXISTING GRADE

The vertical location of the existing ground surface prior to cutting or filling.

[Added 7-14-1994 by Ord. No. 94-10]

FAMILY

One or more persons living and cooking together as a single, nonprofit housekeeping unit, exclusive of household servants.

FARM

A lot of at least five acres, used exclusively (except for the additional permitted uses and general accessory structures and uses described below in this definition) for agricultural use as defined in this chapter, including but not limited to truck farms, fruit farms, horse farms, nurseries and greenhouses, silviculture operations, dairies and livestock, and produce. A zoning permit is required for any general accessory structures and uses.

[Amended 7-14-1994 by Ord. No. 94-10; 3-25-1999 by Ord. No. 99-06]

ADDITIONAL PRINCIPAL USES PERMITTED ON A FARM — In addition to the principal uses described above in this definition, a farm having the minimum lot area and dimensions required for a single-family dwelling in the zoning district in which it is located may also be used for a single-family dwelling in compliance with such zoning regulations, and a farm having the minimum areas and dimensions required for a secondary or tertiary dwelling (in addition to those required for a primary single-family dwelling) may have either a secondary or secondary and tertiary dwelling.

GENERAL ACCESSORY STRUCTURES AND USES — Structures incidental to farm operations, such as barns and packing, grading and storage buildings for farm products; fences; buildings for keeping of permitted poultry and livestock; and garages for the keeping of trucks and other equipment principally used in farm operation. Also, accessory housing facilities for farm workers, as an accessory conditional use, in accordance with the requirements for the zoning district in which the lot is located. (No such accessory housing facilities shall be permitted on a farm which has a secondary or secondary and tertiary dwelling.) No retail uses or structures shall be permitted, except for incidental and ancillary retail use associated with farm stands as defined and permitted; also microbrewery and wireless communications antennas, equipment and/or towers as defined in this Article III. [Amended 9-9-1999 by Ord. No. 99-20]

FARM-BASED BUSINESS

A business operated on a lot of at least 50 contiguous acres in the Amwell Valley Agricultural District, with a farm as a principal use. Such business shall be secondary as a principal use to the farm use and shall meet the requirements for the Amwell Valley Agricultural District.

[Added 3-25-1999 by Ord. No. 99-06]

FARM BUILDING

[Added 3-25-1999 by Ord. No. 99-06; amended 3-8-2001 by Ord. No. 01-02; 10-13-2005 by Ord. No. 05-30[5]]

(1) Any building located on a farm, including barns, greenhouses and storage sheds, which is:

(a) Utilized for the storage, handling or production of agricultural or horticultural products normally intended for sale; or

(b) Used for the maintenance, storage or use of animals or equipment related to the farm, except for run-in sheds as defined below.

[Amended 11-8-2007 by Ord. No. 07-15[6]]

(2) If a building is to serve an agricultural use on a lot of five acres or less, or a lot with a dwelling and six acres or less, then it must conform to the standards of an accessory building.

FARM MARKET, RETAIL

A permanent structure for the purpose of providing an outlet for the direct marketing and retail sales of farm products, including all types of vegetables, fruit, flowers, trees, shrubs, and other goods which are compatible with, produced from, complementary to and ancillary to agricultural goods. At least 51% of the goods offered for sale shall be from products grown, rendered or processed to their salable form on farms located in East Amwell Township and its immediate region. Examples of ancillary, complimentary and compatible goods which would be permitted for retail sale at a farm market would be bakery products, prepared on-site or in the local area, dairy products, meat products, locally produced wine and beer as regulated and permitted by applicable state law, grain products, and other agricultural commodities and products used in the cultivation of plants.

[Added 11-12-1998 by Ord. No. 98-25]

FARM STAND

A structure, either permanent or portable (e.g. wagon), located on a farm and in conjunction with a farm use for the purpose of selling farm produce of which a substantial portion (greater than 50%) of the products for sale are grown on the property, open only nine months per year and subject to the following restrictions

(1) The sale of manufactured, processed or refined product or products packaged off site is not permitted, except for live plant material which has been packaged on site or off site, in planters, pots, flats, or other means of containment for ease of transporting the produce.

(2) The sale of manufactured, processed or refined products, chemical fertilizers and sprays, equipment and similar items is not permitted.

(3) The farm stand shall not exceed 2,000 square feet in size.

(4) Outside sale or display areas shall not exceed 1/2 the structure coverage of the farm stand or 500 square feet, whichever is greater and is subject to the same setback and parking requirements of the farm stand.

(5) Setbacks for the farm stand and display area shall be 25 feet from the street line and 50 feet from any property line.

(6) Access shall be controlled and limited, and driveways shall not exceed 24 feet in width.

(7) An adequate, nonpaved parking area shall be provided. Parking shall be provided at a ratio of one space for every 200 square feet of gross floor area of farm stand and associated permitted outside sale or display area.

(8) No permanent exterior lighting shall be permitted.

(9) One unlighted nonseasonal sign, no larger than eight square feet shall be permitted; a freestanding sign shall not exceed 10 feet in height and shall be located at least 10 feet from the street line. Seasonal agricultural signs shall be permitted in accordance with § 92-72B.

(10) Minor site plan approval by the Planning Board is required for a farm stand which exceeds 250 square feet; otherwise a zoning permit is required.

FINISHED GRADE

The final grade or elevation of the ground surface conforming to the proposed design.

[Added 7-14-1994 by Ord. No. 94-10]

FLAG LOT

A lot whose area, exclusive of its access drive, meets the zoning requirements. The lot's configuration is one of reduced frontage on an approved street with the enlarged buildable portion of the lot located at the rear of the lot at the end of the access drive. (See § 92-88C.)

FLOOD or FLOODING

A general and temporary condition of partial or complete inundation of normally dry land areas from:

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

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

FLOOD HAZARD AREA

The floodway and the relatively flat area adjoining the floodway which area can be expected to be inundated by rising waters at least once in 100 years. (See § 92-55.)

FLOOD INSURANCE STUDY

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

FLOODPLAIN

The same as the flood hazard area.

FLOODWAY

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

FLOOR AREA RATIO

The ratio of gross floor area to the lot area.

FOOTCANDLE

The illuminance on a surface of one foot in area in which there is uniformly distributed a light flux of one lumen.

[Added 7-14-1994 by Ord. No. 94-10; amended 6-8-2006 by Ord. No. 06-15]

FRATERNAL ORGANIZATION

A group of people formally organized for a common interest, usually cultural, religious or entertainment, with regular meetings, rituals and formal written membership requirements.

[Added 7-14-1994 by Ord. No. 94-10]

FUELING ISLAND

A raised concrete island in a service station which contains one or more fueling positions to service one or more vehicles.

[Added 7-14-1994 by Ord. No. 94-10]

FUELING POSITION

A location for dispensing of motor fuel, whether gasoline or diesel. Each fueling position can only dispense fuel to one vehicle at a time; however, there may be more than one fueling position operated from one fueling island.

[Added 7-14-1994 by Ord. No. 94-10]

FUELING STATION

The building, premises, and land in which, or upon which, automobile and truck fuels are dispensed, stored and sold.

[Added 7-14-1994 by Ord. No. 94-10]

GARAGE

A building, structure or any portion thereof used for housing or repairing motor vehicles.

[Added 7-14-1994 by Ord. No. 94-10]

GLARE

The sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility.

[Added 7-14-1994 by Ord. No. 94-10; amended 6-8-2006 by Ord. No. 06-15]

GOLF COURSE

A tract of land improved with 18 holes for playing the game of golf, and improved with tees, fairways and hazards, practice facilities and a clubhouse (which may include a dining room, a bar with club license if qualified, a pro shop, kitchen, locker rooms and administrative offices) and maintenance facilities. No other accessory uses shall be permitted. The golf course shall be the sole principal use on the tract. There shall be no residential uses on the tract, whether in conjunction with the golf course or otherwise. In no event shall a golf course be considered a country club.[7]

[Added 11-12-2020 by Ord. No. 20-18]

GREENBELT

An open area which may be cultivated or maintained in a natural state surrounding development, or used as a buffer between intense and less intense land uses, or to mark the edge of an urban or developed area. A greenbelt is intended to preserve the identity and character of the Village of Ringoes, as well as any existing or proposed hamlet. The extent and width of a greenbelt will be determined by the intensity of the proposed use and the existing use adjacent to it. The specifications for land area and plant material will vary with the uses.

[Amended 7-14-1994 by Ord. No. 94-10]

GREENHOUSE

A farm building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment. See also definition of "accessory building" to a principal residence as defined herein.

[Added 7-14-1994 by Ord. No. 94-10; amended 3-8-2001 by Ord. No. 01-02]

GREENWAY EASEMENT

See "conservation easement."

[Added 7-14-1994 by Ord. No. 94-10]

GREENWAYS

A network of environmentally sensitive areas, often linked by water resources which are protected conservation and passive recreational purposes. These areas include floodplains, wetlands, stream corridors, scenic buffers, rock outcroppings, farmland easements and parkland (as shown on the Conservation Element of the Master Plan).

GROSS FLOOR AREA

The total floor area in a structure measured around the outside of the building at each story. If sharing a common wall, the area shall be measured from the center of interior walls and the outside of exterior walls. In residential uses the gross floor area shall exclude the areas of the garage, attic, open porch or patio, cellar, utility areas, heating and cooling rooms and all portions of floor areas which have a ceiling height above them of less than 7.5 feet. In nonresidential structures, the gross floor area shall exclude areas used for utility, heating, cooling and other mechanical equipment but shall include all other areas including cellars, mezzanines, warehousing and storage areas, regardless of ceiling height.

[8]

HISTORIC DISTRICT

One or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.

HISTORIC SITE

Any real property, man-made structure, natural object or configuration or any portion or group of the foregoing which has been formally designated in the Master Plan as being of historical, archaeological, cultural, scenic or architectural significance.

HORSE BOARDING STABLE

A farm-based business providing for the care, feeding and shelter of horses.

[Added 3-25-1999 by Ord. No. 99-06]

HOME OCCUPATION

An occupation being conducted wholly or in part by the resident permitted as an accessory use in any residential district in conformance with the following requirements:

(1) The area devoted to the permitted home occupation shall be located within either the operator's dwelling or a building accessory thereto and shall be equivalent to not more than 40% of the total floor area covered by the operator's dwelling, excluding the floor area covered by an attached garage or such other similar building or 750 square feet, whichever is smaller.

(2) Persons engaging in a permitted home occupation shall be limited to the members of the household.

(3) A home occupation shall not in any way alter the residential character of the neighborhood nor in any way adversely affect the safe and comfortable enjoyment of the individual property rights of the neighborhood in which the use is located.

(4) No machinery or equipment shall be used which will cause interference with radio and television reception in the neighboring residences.

(5) There shall be no exterior display of products, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building on the premises.

(6) The parking and yard requirements of the principal use shall not be reduced.

(7) Examples of acceptable home occupations are: art studios; dressmaking or millinery; professional office of a physician, dentist, attorney, engineer, architect, accountant or artist; teaching, with musical and dance instruction limited to a single pupil at a time; assembly of materials to be sold by mail; repair of small household appliances; or cabinetmaking.

(8) Notwithstanding other provisions of this chapter permitting home occupations in the Sourland Mountain District, no home occupation shall be permitted in the Sourland Mountain District which would require water for other than domestic purposes.

HOMEOWNERS' ASSOCIATION

A nonprofit corporation established in accordance with standards contained in the Municipal Land Use Law for the control and maintenance of common areas and open space in conjunction with a planned development.

HORTICULTURE

The growing or raising of nursery plants for sale for landscape purposes.

[Added 7-14-1994 by Ord. No. 94-10]

HOUSE OF WORSHIP

A building used for nonprofit, religious purposes by a recognized religious body.

[Added 7-14-1994 by Ord. No. 94-10]

HOUSING ADMINISTRATOR

The person or agency hired, appointed or contracted by the Township to perform the duties as described in Chapter 43, Affordable Housing.

HOUSING FOR FARM WORKERS

Housing facilities for farm workers located upon the farm of an employer/farmer shall be permitted, provided that the conditions of § 92-91D(5) are satisfied.

[Amended 10-13-2005 by Ord. No. 05-30[9]]

IMPERVIOUS SURFACE

A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. (See also definition of "veterinary hospital" for exemption for certain tents.)

[Amended 6-10-2004 by Ord. No. 04-13]

IMPERVIOUS SURFACE, EXEMPT

The area of tents erected for a period not to exceed 14 days shall not be considered in the calculation of impervious surface or impervious lot coverage.

[Added 7-28-2005 by Ord. No. 05-21[10]]

IMPERVIOUS SURFACE RATIO

A measure of the intensity of use of a piece of land. It is measured by dividing the total area of all impervious surfaces within the site by the base site area.

[Added 7-14-1994 by Ord. No. 94-10]

INDIGENOUS NEED

Substandard housing units occupied by low- and moderate-income households within the municipality.

INDUSTRIAL OR OFFICE PARK

A tract comprehensively planned for industrial or office uses whether or not the buildings are erected in one development stage or over a period of time, but where the streets, utilities and lots are approved and constructed or guaranteed for the entire tract prior to construction of any portion of any building on the tract. As development takes place, changes may be made in the plans for the undeveloped section(s), provided that the modifications conform to logical extensions of installed segments of streets, drainage, utilities and other facilities. Parks with no subdivided lots shall have buildings spaced so the mortgage and/or lease lines conform to the requirements for lot lines to establish conformance with this chapter for such matters as building setbacks, buffers, driveway locations and distances between buildings.

INSPECTION OFFICER

A qualified inspector hired, appointed or contracted by the Township or by the Housing Administrator (if an outside agency) to perform the duties described in Chapter 43, Affordable Housing.

JUDGMENT OF REPOSE

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

JUNKYARD

Any area of land, with or without buildings, devoted to the storage, keeping or abandonment of junk or debris, whether or not it is in connection with the dismantling, processing, salvage, sale or other use or disposition thereof of any material whatsoever.

[11]

LAND

Includes the surface and subsurface of the earth as well as improvements and fixtures on, above or below the surface and any water found thereon.

[Added 7-14-1994 by Ord. No. 94-10]

LANDLOCKED

Property which has no ownership adjacent to a public street and is surrounded by lands belonging to another.

[Added 7-14-1994 by Ord. No. 94-10]

LANDOWNER

Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity having legal title to the land. The holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land may file an application as the landowner for the purposes of this chapter.

[Added 7-14-1994 by Ord. No. 94-10]

LIGHT MANUFACTURING

Manufacturing or assembly of semifinished products, not including chemical or physical change of raw materials into products.

[Added 7-14-1994 by Ord. No. 94-10]

LIGHT TRESPASS

Any form of artificial illumination emanating from a light fixture or illuminated sign that penetrates other property.

[Added 7-14-1994 by Ord. No. 94-10; amended 6-8-2006 by Ord. No. 06-15]

LOADING SPACE

An off-street berth on the same lot as the building being served for the temporary parking of a vehicle while loading or unloading.

LOT AREA

The area contained within the lot lines but not including any portion of a street. On flag lots, the minimum lot area shall exclude the access drive. The minimum lot area of a lot fronting on a street proposed to be widened in the adopted Master Plan shall be the minimum area required for the district in which it is located plus the additional area needed to anticipate the widening of the street.

LOT COVERAGE

The total area of a lot covered by buildings, structures, and paved or impervious surfaces.

[Amended 3-8-2001 by Ord. No. 01-02]

LOT DEPTH

The shortest horizontal distance between the front and rear lot lines measured from the midpoint of the front line to the midpoint of the rear lot line.

LOT FRONTAGE

The horizontal distance between the side lot lines measured along the street lines. The minimum lot frontage shall be the same as the lot width, except that on curved alignments with an outside radius of less than 500 feet, the lot frontage may be reduced to 75% of the required minimum lot width.

LOT LINE

Any line, including the street line, forming a portion of the exterior boundary of a lot.

LOT-SIZE AVERAGING

In order to encourage and promote flexibility, economy and environmental soundness in layout and design, the Planning Board may approve the varying, within a conventional subdivision, of lot areas and dimensions, and yards and setbacks otherwise required by municipal development regulations in such a way that the average lot areas and dimensions, yards and setbacks within the subdivision conform to the conventional norms of the municipal development regulations, provided that such standards shall be appropriate to the type of development permitted.

[Added 7-14-1994 by Ord. No. 94-10]

LOT SUITABILITY

In any development application, no residential building lot with a private well and individual septic system shall contain less than 22,500 contiguous square feet of unconstrained land area on which any building using such well and septic system shall be located (in such a "contiguous" area, one side must measure at least 100 feet on any lot of one acre or greater). Test boring or percolation/permeability tests shall show the ground conditions to be adequate for proper septic disposal, wherever the septic system is located on the lot, according to Board of Health regulations.

[Added by Ord. No. 94-10; amended 3-25-1999 by Ord. No. 99-06]

LOT WIDTH

The distance between side lot lines measured parallel to the street line at the minimum building setback, except on flag lots where the lot width shall be measured at the building location.

LOW-INCOME HOUSEHOLD

A household with a gross household income equal to 50% or less of the median gross household income for households of the same size within the housing region in which the housing is located as determined by the Council on Affordable Housing in N.J.A.C. 5:93-1 et seq. or its subsequent rules and regulations.

LOW-INCOME HOUSING

Housing which is affordable according to the New Jersey Council on Affordable Housing or other recognized standards for home ownership and rental costs, and occupied or reserved for occupancy by households with a gross household income less than 50% of the median gross household income for households of the same size within the housing region in which the housing is located.

[Added 7-14-1994 by Ord. No. 94-10]

LUMEN

A unit of measure of the quantity of light which falls on an area of one square foot every point of which is one foot from the source of one candela (candle). A light source of one candela emits a total of 12.57 lumens.

[Added 7-14-1994 by Ord. No. 94-10; amended 6-8-2006 by Ord. No. 06-15]

(1) The following table of approximate conversion values between watts and lumens is provided for guidance purposes only.

	Incandescent Watts	CFL Watt Range	Lumen Range
	40	9 - 11	750
	60	13 - 18	1,000
	75	18 - 22	1,210
	100	23 - 28	1,750
	150	30 - 38	2,780

LUMINARY

A complete lighting unit.

[Added 6-8-2006 by Ord. No. 06-15]

MAJOR SUBDIVISION

Any subdivision not classified as a "minor subdivision."

MANUFACTURED HOME

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

MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION

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

MARGINAL ACCESS ROAD

A road parallel to an arterial or collector street with a planted buffer strip separating both streets (the planted strip being at least 10 feet wide). Individual lot access shall be limited to the marginal access road. The purpose of the marginal access road is to control the number of driveway entrances and street intersections with arterial and collector streets and is an alternative to reverse frontage subdivision design.

MERGER

The consolidation of two or more lots into a single lot by the removal of the lot lines.

MICROBREWERY

[Added 8-14-1997 by Ord. No. 97-18]

An operation for the brewing of limited quantities of beer as permitted accessory use to a farm or agricultural use in the Amwell Valley Agricultural District in conformance with the following requirements:

(1) Production shall be limited to 2,500 barrels of beer per year;

(2) The microbrewery shall be located on no fewer than 50 contiguous farmland-assessed acres owned or leased by the operator of the microbrewery;

(3) The microbrewery operation shall be conducted within accessory buildings existing as of July 1, 1997, owned by the operator;

(4) A majority of the grain used in the processing of the beer shall be grown on the 50 contiguous farmland-assessed acres on which the microbrewery is operated and/or on local farms. Grain may be purchased from other sources in case of crop failure;

(5) No retail sales are permitted;

(6) A microbrewery may be advertised by a single, unilluminated sign not exceeding four square feet erected adjacent to the driveway entrance; and

(7) A valid zoning permit is required for operation of a microbrewery.

MINING

The extraction or quarrying of minerals, rocks and other solid material, including operations of milling, crushing, screening, washing, flotation and other preparation customarily done at the mine site or as a part of the mining activity.

[Added 7-14-1994 by Ord. No. 94-10]

MINOR SUBDIVISION

A subdivision of land that does not adversely affect the development of the remainder of the tract or any adjoining property and is for the creation of no more than two new lots plus lands remaining, provided that such subdivision does not involve a planned development, any new street, or extension of any off-tract improvement, the cost of which is to be prorated pursuant to § 92-62. Approval of a minor subdivision shall be deemed final approval, and as such, minor subdivision plats on which action is requested shall be prepared in accordance with the final submission requirements. A property may be subdivided into minor subdivision lots at a rate not exceeding two new lots plus the remainder in any twelve-month period. The lots subdivided and the remaining land shall not again be resubdivided into a minor subdivision during the twelve-month period.

MIXED USE

A development which includes residential, public, quasi-public, commercial, office and open space uses, and which has significant functional and physical integration of project components, including uninterrupted pedestrian connections, and which is in conformance with a comprehensive design plan.

[Added 7-14-1994 by Ord. No. 94-10]

MODERATE-INCOME HOUSEHOLD

A household with a gross household income of more than 50% but less than 80% of the median gross household income for households of the same size within the housing region in which the housing is located as determined by the Council on Affordable Housing in N.J.A.C. 5:93-1 et seq. or its subsequent rules and regulations.

[Added 7-14-1994 by Ord. No. 94-10]

MOTION SENSOR DEVICE

A device that senses motion and will switch on lighting for a brief duration.

[Added 7-14-1994 by Ord. No. 94-10; amended 6-8-2006 by Ord. No. 06-15]

MOUNTING HEIGHT

The vertical distance between the lowest part of the luminary and the ground surface directly below the luminary.

[Added 6-8-2006 by Ord. No. 06-15]

MULCH

A layer of wood chips, dry leaves, straw, hay, plastic, or other materials placed on the surface of the soil around plants to retain moisture, prevent weeds from growing, hold the soil in place, and aid plant growth.

[Added 7-14-1994 by Ord. No. 94-10]

NEIGHBORHOOD STORE

A retail store or shop which sells dairy products, beverages, small quantities of vegetables and fruit, magazines, newspapers, other printed periodicals and baked goods. The store is intended to serve its immediate surrounding neighborhood, a village, or a hamlet. In addition, the store may include prepared foods sold over the counter for immediate consumption at the counter or in the purchaser's automobile.

[Added 7-14-1994 by Ord. No. 94-10]

NET DENSITY

The number of units per acre on that portion of the tract devoted to buildings, yards, parking and access roads and driveways.

NONCONFORMING USE/STRUCTURE

(See §§ 92-58 and 92-87.) A use or activity which was lawful prior to the adoption, revision or amendment of the zoning provisions 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.

NONFARM LOT

Any lot or tract of land which does not have a farm or agricultural use/purpose as a principal use.

[Added 3-25-1999 by Ord. No. 99-06]

NURSERY

Land or greenhouses used to raise flowers, shrubs and plants for sale.

[Added 7-14-1994 by Ord. No. 94-10]

OBJECTIONABLE DIRECT LIGHT EMISSION

Direct light emissions offensively visible at a height of three feet or anything greater at the property line. A bulb, reflective device, refractive lens device, globe, or diffuse panels shall be considered a direct light emission source.

[Added 7-14-1994 by Ord. No. 94-10]

OFFICE

A place for the transaction of business where reports are prepared and records kept but where no retail sales of goods are offered and where no manufacturing, assembling or fabricating takes place.

OFF-TRACT IMPROVEMENTS

Improvements made outside the original tract, to accommodate conditions generated by a proposed development.

OPEN LANDS

That portion of land, including any farm-related dwelling located thereon, that is voluntarily deed-restricted by the landowner for agricultural use in order to qualify for the open lands ratio bonus pursuant to § 92-91H(2)(b) of this chapter.

[Added 3-25-1999 by Ord. No. 99-06; 12-9-1999 by Ord. No. 99-25]

OPEN SPACE

Land used for park or recreation space; any part of a lot which is unbuilt upon and intended to meet the yard requirements of this chapter; vacant open space of potential developable use.

OPEN SPACE RATIO

The amount of unimproved land that is landscaped or left in a natural state after development, expressed as a ratio of the total site area.

[Added 7-14-1994 by Ord. No. 94-10]

ORNAMENTAL OR ACCENT LIGHT

Outdoor lighting that is installed mainly or entirely for its decorative effect or to accent an object or a feature, rather than as an aid to visibility.

[Added 6-8-2006 by Ord. No. 06-15

OUTDOOR LIGHT FIXTURE

An illuminating device which is permanently installed outdoors, including but not limited to devices used to illuminate: any site; the exterior of any structure; any sign; any open structure (such as but not limited to car ports, covered walkways, covered drive through areas, canopy covers, telephone booths, shelters, gazebos, etc.) Outdoor light fixture does not include devices used to illuminate the interior of an enclosed structure (such as a residence, barn, riding ring, attached garage, detached garage, storage shed, greenhouse) nor does it include devices attached to vehicles and non-stationary agricultural equipment.

[Added 7-14-1994 by Ord. No. 94-10; amended 6-8-2006 by Ord. No. 06-15]

PERMITTED USE

Any use of land or buildings permitted by this chapter.

PHARMACY

A place where drugs and medicines are prepared and dispensed.

[Added 7-14-1994 by Ord. No. 94-10]

PLANNED UNIT RESIDENTIAL DEVELOPMENT

An area with minimum contiguous acreage as specified in the zoning provisions of this chapter and an area to be developed as a single entity according to a plan containing one or more residential clusters, which may include, as specified in the zoning provisions, appropriate commercial or public or quasi-public uses all primarily for the benefit of the residential development.

PLANTS, INDIGENOUS

Plants that are native to the Eastern United States, not imported stock from other areas of North America or other continents.

[Added 7-14-1994 by Ord. No. 94-10]

PLAT, FINAL

The plat of all or a portion of the development submitted for final approval and, if approved as a subdivision, shall be prepared in accordance with the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.) and filed with the county recording officer within the required time, otherwise the approval shall be void. Minor and exempt subdivision and site plan approval shall be deemed final approval. (See § 93-503.)

PLAT, INFORMAL

The plat submitted for purposes of classification and discussion.

PLAT, PRELIMINARY

The plat submitted as a part of the application for preliminary approval.

PORCH

A roofed open structure projecting from the front, side or rear wall of a building and having no enclosed features of glass, wood or other material except screening more than 30 inches above the floor thereof, except the necessary columns to support the roof.

[Added 7-14-1994 by Ord. No. 94-10]

PRINCIPAL USE

The main purpose for which any lot and/or building is used. (See also § 92-85.)

PRIVATE SCHOOL

An institution of education whose general course work is comparable to the public school system and whose curriculum is approved by the New Jersey Department of Education or the New Jersey Department of Higher Education.

PUBLIC PURPOSE

The use of land and/or buildings by a municipal, county, state or federal agency or authority.

PUBLIC VIEW

Visible from a public thoroughfare, public lands or buildings or navigable waterways.

[Added 9-11-1997 by Ord. No. 97-20]

PUBLIC WATER SUPPLY SYSTEM

A water supply system which offers service to the public and is authorized by the New Jersey Board of Public Utilities.

[Added 7-14-1994 by Ord. No. 94-10]

RECOMMENDED MANAGEMENT PRACTICE

The management program which employs the most efficient use of available technology, natural, human and economical practices.

[Added 7-14-1994 by Ord. No. 94-10]

REHABILITATED UNIT

A previously substandard housing unit which has undergone significant renovation to meet municipal or other applicable Housing Code standards under the aegis of the housing rehabilitation program.

[12]

RENEWABLE ENERGY SOURCES

Wind, sun and water.

RESTAURANT, DRIVE-THRU

Any restaurant, refreshment stand, snack bar, dairy bar, hamburger stand or hot dog stand where food is served primarily for consumption outside the building, off the premises or in automobiles parked on the premises, regardless of whether or not additional seats or other accommodations are provided for customers inside the building.

[Added 7-14-1994 by Ord. No. 94-10]

RESTAURANT, FAST-FOOD

Where food and drink prepared for immediate consumption are purchased at a counter and either eaten on the premises, in the purchaser's automobile or off the premises. Fast-food restaurants shall also not include those retail stores where food is primarily sold for preparation and consumption elsewhere, although as a secondary use of the premises, prepared food may also be sold over the counter for immediate consumption, such as a delicatessen.

RESTAURANT, FULL-SERVICE

A public eating facility where patrons are first seated at tables, booths or counters, after which food ordered by them is served to the patrons by waiters or waitresses at such tables, booths or counters. The term "restaurant" does not include drive-in restaurants or fast-food restaurants as otherwise defined in this section.

[Added 7-14-1994 by Ord. No. 94-10]

RETAINING WALL

A structure erected between lands of different elevation to protect structures and/or to prevent the washing down or erosion of earth from the upper slope level.

[Added 7-14-1994 by Ord. No. 94-10]

RETENTION BASIN

A pond, pool or basin used for the storage of water runoff not located or constructed in any buffer or residential building lot.

[Added 7-14-1994 by Ord. No. 94-10]

REVERSE FRONTAGE

Lots abutting a major street, with no access to the major street, but having driveway access to an intersecting side street or to a minor street running parallel to the major street.

RIDGE TOP

Ridges are areas of similar topographic relief as identified on the Topographic Map of the Township.

[Added 7-14-1994 by Ord. No. 94-10]

RIGHT-OF-WAY

The total width and length of the course of a street, watercourse, utility alignment or other way and within, under or over which all improvements and rights of access are confined.

RUN-IN SHED

A three-sided pole barn, without foundation, flooring, electric or plumbing, situated in a pasture for the shelter of livestock and subject to the same bulk regulations as a Class III accessory building.

[Added 11-8-2007 by Ord. No. 07-15[13]]

SCENIC CORRIDOR

A right-of-way or an area visible from a highway, waterway, railway or major hiking, biking, or equestrian trail that is accessible to the public, and which provides vistas over water, across expanses of vegetation such as farmlands, woodlands or wetlands, or from mountaintops or ridges.

[Added 7-14-1994 by Ord. No. 94-10]

SCENIC RIDGE CORRIDORS

Corridors of linear expanses of topographically elevated lands that are visually significant or geologically or botanically unique.

[Added 7-14-1994 by Ord. No. 94-10]

SEASONAL HIGH-WATER TABLE

The level below the natural surface of the ground to which water seasonally rises in the soil in most years.

[Added 7-14-1994 by Ord. No. 94-10]

SEDIMENT

Solid material, both mineral and 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.

[Added 7-14-1994 by Ord. No. 94-10]

SEDIMENTATION

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

[Added 7-14-1994 by Ord. No. 94-10]

SEDIMENT BASIN

A barrier or dam built across a waterway or at other suitable locations to retain rock, sand, gravel, silt or other material.

[Added 7-14-1994 by Ord. No. 94-10]

SERVICE STATION

Lands and buildings providing for the fueling of vehicles as well as the sale of lubricants, and automotive accessories. Maintenance and repairs for motor vehicles may be provided, but no body repairs or painting or the storage of inoperable or wrecked vehicles beyond 60 days shall be permitted. Additionally, no car wash operation, car or truck rental, parking for a fee, convenience store, or other activity not specifically a part of the service station use shall be permitted.

[Added 7-14-1994 by Ord. No. 94-10]

SETBACK LINE

A line parallel to a street line or lot line beyond which a building does not project. The minimum yard requirements shall be the minimum required setbacks. On flag lots, the minimum yard requirements shall exclude the access drive. All setbacks from public streets shall be measured from the proposed right-of-way as shown on the Master Plan as amended.

[Added 7-14-1994 by Ord. No. 94-10]

SHIELDED LIGHT FIXTURE

A fully shielded light fixture with cutoff optics that allow no direct light emissions above a vertical cutoff angle of 80º through the light fixture's lowest light emitting part as certified by photometric test. Any structural part of the light fixture providing this cutoff angle must be permanently affixed.

[Added 7-14-1994 by Ord. No. 94-10]

SHIELDING

[Added 6-8-2006 by Ord. No. 06-15]

(1) FULLY SHIELDED A luminaire emitting no light output above the horizontal plane. Any structural part of the light fixture providing this must be permanently affixed.

(2) SHIELDED A luminaire emitting less than 2.0% of its light output above the horizontal plane. Any structural part of the light fixture providing this must be permanently affixed.

(3) PARTLY SHIELDED A luminaire emitting less than 10% of its light output above the horizontal plane. Any structural part of the light fixture providing this must be permanently affixed.

SHOPPING CENTER

A tract comprehensively planned for three or more retail businesses whether or not the building(s) are erected in one development stage or over a period of time, but where the access, parking, buildings, utilities and lots are approved and either constructed or guaranteed for the entire tract prior to construction of any portion of the tract. Where there is more than one building, each building shall be spaced 50 feet apart. As development takes place, changes may be made in the plans for the developed section(s), provided that the modifications conform to logical extensions of installed segments of parking and loading areas, access points, interior circulation, drainage, utilities, existing buildings and other facilities.

SIDEWALK

A paved path provided for pedestrian use and usually located at the side of a road within the right-of-way.

[Added 7-14-1994 by Ord. No. 94-10]

SIGHT TRIANGLE

A triangular area at the quadrants of street intersections and driveways where unobstructed visibility is maintained along the intersecting street for a distance of two feet to 10 feet from the ground level.

SIGN

Any announcement, display or illustration which can be seen from any street or public way.

SIGN, CANOPY

A sign that is mounted or painted on, or attached to, an awning, canopy or marquee.

[Added 7-14-1994 by Ord. No. 94-10]

SIGN, FACADE

Any sign erected, constructed or maintained on a building with the principal support of said sign being the building, including specifically the painting of signs or displays on the exterior surface of a building.

[Added 7-14-1994 by Ord. No. 94-10]

SIGN, FREESTANDING

Any sign, not attached to a building, which is erected, constructed, supported or maintained on a post or pole or other bracing or supporting device.

[Added 7-14-1994 by Ord. No. 94-10]

SIGN, GROUND-MOUNTED

Any freestanding sign which is flush to or rests upon the ground rather than erected on a post or pole.

[Added 7-14-1994 by Ord. No. 94-10]

SIGN HEIGHT

In the case of a freestanding sign, the height will be computed from grade level to the greatest height at any one point in the sign. In the case of an attached sign, no sign can be higher than the level of a second floor window sill in a two-or-more-story building, nor can it be higher than the lowest point of the roofline in a single-story building, except where a roof sign is expressly permitted in certain zones.

[Added 7-14-1994 by Ord. No. 94-10]

SIMULTANEOUS DEVELOPMENT TRANSFER (SDT)

A zoning option which permits the voluntary transfer of density to noncontiguous parcels using either clusters or lot-size average plans to develop a hamlet or village in the designated overlay zone. Land from which development credits are transferred are deed restricted in perpetuity.

[Added 7-14-1994 by Ord. No. 94-10]

SITE PLAN, EXEMPT

The following buildings and/or structures are exempt from site plan review and approval by the approving authority (see definition of “farm building” and § 92-31):

[Added 5-14-1998 by Ord. No. 98-08; amended 3-8-2001 by Ord. No. 01-02; 6-10-2004 by Ord. No. 04-13; 7-28-2005 by Ord. No. 05-21[14]; 10-13-2005 by Ord. No. 05-30[15]]

(1) Single-family and two-family residential dwellings, other than home occupations;

(2) Accessory buildings and/or structures to single-family and two-family dwellings, if they do not involve a home occupation;

(3) Any single farm building having less than 10,000 square feet of floor area in the Amwell Valley Agricultural District or less than 4,000 square feet of floor area in the Sourland Mountain District. Farm buildings in the Sourland Mountain District of at least 2,000 square feet and less than 4,000 square feet must submit a sketch plan for review by the Planning Board. See §§ 92-25B(2)(e) and 92-39.1.

(4) Tents that are erected for a period not to exceed 14 days.

(5) See also the definition of "veterinary hospital"for exemption for certain tents.

SITE PLAN, MAJOR

All site plans for new developments and those site plans not defined as minor or exempt.

SITE PLAN, MINOR

A development plan of one or more lots which proposes building alterations of an existing use, less than five additional parking spaces, less than 500 additional square feet of floor area, and a total of not more than 10% additional lot coverage; does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to § 92-62; and contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval of a minor site plan have been met. Approval of a minor site plan shall be deemed final approval, and as such, a minor site plat on which action is requested shall be prepared in accordance with final plat requirements.[16]

[Amended 7-14-1994 by Ord. No. 94-10]

SITE PLAN REVIEW

The examination of the specific development plans for a lot. The term "site plan approval" means a requirement that the minor or major site plan be approved by the approving authority prior to the issuance of a construction permit and a certificate of occupancy.

[Added 7-14-1994 by Ord. No. 94-10; amended 12-30-2002 by Ord. No. 02-22]

SKETCH PLAN

A plan for a lot or tract, which may be drawn by hand, that includes the information specified in § 92-39.1.

[Added 10-13-2005 by Ord. No. 05-30[17]]

SLOPE

The degree of deviation of a surface from the horizontal, usually expressed as a percent or ratio of horizontal to vertical.

[Added 7-14-1994 by Ord. No. 94-10]

SOIL

All unconsolidated mineral or organic material, or whatever origin, that overlies bedrock and which can be readily excavated.

[Added 7-14-1994 by Ord. No. 94-10]

SOIL EROSION AND SEDIMENT CONTROL PLAN

The map indicating the proposed scheduling and construction details for soil erosion and sediment control.

[Added 7-14-1994 by Ord. No. 94-10]

SOLAR ACCESS

The access to unobstructed direct sunlight required by a solar collector for its efficient operation.

[Added 7-14-1994 by Ord. No. 94-10]

SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE

[Added 7-14-1994 by Ord. No. 94-10; amended 2-10-2011 by Ord. No. 11-02]

(1) SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE, MINOR A fuel cell, solar or photovoltaic panel or system of panels for the collection of energy and conversion to electric energy, which is located on the power beneficiary’s premises; is designed and intended primarily to offset up to 110% of the beneficiary's requirements for energy consumption on site as documented through the submission of power company electricity usage bills or another form of documentation acceptable to the East Amwell Township Zoning Officer; and is secondary to the beneficiary’s use of the premises for other lawful purpose(s); or

(2) SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE, MAJOR A system of fuel cells, solar or photovoltaic panels and equipment for the production of energy that is not a minor solar or photovoltaic energy facility or structure.

STORMWATER DETENTION

A provision for stormwater quality enhancement and for storage of stormwater runoff and the controlled release of such runoff during and after a flood or storm.

STREET

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

(1) If constructed, can by reason of its condition be traversed at all seasons of the year by modern motor vehicles and provides adequate access for fire-fighting equipment, ambulances, and other emergency vehicles necessary for the protection of health and safety; or if unconstructed, has had its construction secured by a performance guarantee approved pursuant to a subdivision or site plan final approval granted under the Municipal Land Use Law; and

(2) Is an existing state, county or municipal roadway presently maintained by the state, county or municipality; or is shown upon a plat heretofore approved pursuant to Law; or is approved by official action as provided by the Municipal Land Use Law; or 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

(3) Includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.

STREET HIERARCHY

The conceptual arrangement of streets based upon function. A hierarchical approach to street design classifies streets according to function, from high traffic arterial roads down to streets whose function is residential access. Systematizing street design into a road hierarchy promotes safety, efficient land use, and residential quality.

[Added 7-14-1994 by Ord. No. 94-10]

STREET LINE

The edge of the existing or future street right-of-way, whichever would result in the widest right-of-way, as shown on the adopted Master Plan or official map, forming the dividing line between the street and a lot.

[Amended 7-14-1994 by Ord. No. 94-10]

STREET, MAJOR ARTERIAL

A continuous route having trip length and travel density characteristics indicative of substantial statewide or interstate travel. These streets are state expressways and highways.

[Added 7-14-1994 by Ord. No. 94-10]

STREET, MAJOR COLLECTOR

A route which should link places of traffic generation with nearby larger towns or with more important intracounty corridors.

[Added 7-14-1994 by Ord. No. 94-10]

STREET, MINOR ARTERIAL

A route providing interstate and intercounty service.

[Added 7-14-1994 by Ord. No. 94-10]

STREET, MINOR COLLECTOR

A route which is provided at intervals, consistent with population density, to collect traffic from local streets.

[Added 7-14-1994 by Ord. No. 94-10]

STREET, RESIDENTIAL ACCESS

The lowest order of residential street; provides frontage for access to private lots, and carries traffic having destination or origin on the street itself; designed to carry traffic at slowest speed. Traffic volume should not exceed 250 ADT at any point of traffic concentration. The maximum number of housing units should front on this class of street.

[Added 7-14-1994 by Ord. No. 94-10]

STREET, RESIDENTIAL COLLECTOR

The highest order of residential street; conducts and distributes traffic between lower-order residential streets and higher-order streets (arterials and expressways). Since its function is to promote free traffic flow, access to homes and parking should be prohibited. Collectors should be designed to prevent use as shortcuts by non-neighborhood traffic. Total traffic volume should not exceed 3,000 ADT.

[Added 7-14-1994 by Ord. No. 94-10]

STREET, RESIDENTIAL SUBCOLLECTOR

The middle order of residential streets; provides frontage for access to lots and carries traffic to and from adjoining residential access streets. Traffic should have origin or destination in the immediate neighborhood. Traffic volume should not exceed 500 ADT at any point of traffic concentration.

[Added 7-14-1994 by Ord. No. 94-10]

STREET, STUB

A portion of a street for which an extension has been proposed and approved; may be permitted when development is phased over a period of time, but only if the street in its entirety has been approved in the preliminary plan.

[Added 7-14-1994 by Ord. No. 94-10]

SUBDIVISION

The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter, if no new streets are created:

(1) Divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size;

(2) Divisions of property by testamentary or intestate provisions;

(3) Divisions of property upon court order, including but not limited to judgments of foreclosure;

(4) Consolidation of existing lots by deed or other recorded instrument; and

(5) The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map of the municipality. The term "subdivision" shall also include the term "resubdivision."

SUBMISSION CHECKLIST

The submission checklist of East Amwell Township titled "Land Development Application, Township of East Amwell, Submission Checklist," attached as 092h to Chapter 92 of the Code of East Amwell Township, as such submission checklist may be revised from time to time.

[Added 3-12-2020 by Ord. No. 20-05]

SUBSIDIZED ACCESSORY APARTMENT

A portion of an existing single-family dwelling or an existing accessory building which has been converted through the use of public funds to an additional dwelling unit which shall be deed restricted for occupancy by and affordability to a qualified low-income household for a period of 10 years as part of the Township's affordable housing program.

[Added 9-11-1997 by Ord. No. 97-23]

SUBSTANDARD UNIT

A housing unit with health and safety code violations as determined in N.J.A.C. 5:93-5.2(b) and § 43-3 of Chapter 43, Affordable Housing.

SUBSTANTIVE CERTIFICATION

A determination by COAH approving a municipality's housing element and fair-share plan in accordance with the provisions of the Act[18] and the rules and criteria as set forth herein. A grant of substantive certification shall be valid for a period of six years in accordance with the terms and conditions contained therein.

TEMPORARY LIGHTING

Lighting installed with temporary wiring and operated for a period of less than 60 days during a calendar year.

[Added 6-8-2006 by Ord. No. 06-15]

TOWNHOUSE

One dwelling unit in a row of three or more attached dwelling units.

TRACT

One or more lots. Existing streets shall not be included in calculating the area of the tract.

TRAILER

A structure standing on wheels, towed or hauled by another vehicle and used for short-term human occupancy, carrying materials, goods or objects, or as a temporary office.

[Added 7-14-1994 by Ord. No. 94-10]

TRAILERS, TEMPORARY CONSTRUCTION

A trailer for construction purposes for the period of construction beginning with the issuance of a construction permit and concluding with the issuance of the final certificate of occupancy or the expiration of one year, whichever is less.

[Added 7-14-1994 by Ord. No. 94-10]

TREE GROVE

A landscaping element consisting of no less than five trees of a similar height/growth pattern planted a distance apart such that maturity will not be hindered by inadequate spacing.

[Added 12-11-1997 by Ord. No. 97-31; amended 4-14-1998 by 98-08]

TRUCK FUEL STATION

Lands and buildings providing for the sale of fuel and add-on lubricants primarily for the trucking industry. No maintenance and repairs, painting, truck wash, truck rental, parking or the storage of vehicles, or other activity not specifically a part of the truck fuel station use shall be permitted. It shall not include a truck stop or a truck repair station.

[Added 7-14-1994 by Ord. No. 94-10]

TRUCK REPAIR STATION

Lands and buildings used for the repair and towing of trucks. Maintenance and mechanical repairs may be provided, but motor sales, body repairs and painting shall not be permitted. No truck wash operation, truck rental parking or other activity not specifically a part of the truck repair station use shall be permitted. It shall not include a truck fuel station or a truck stop. No storage of inoperable, wrecked or unregistered vehicles shall be permitted for a period of time more than 30 days.

[Added 7-14-1994 by Ord. No. 94-10]

TRUCK STOP

Lands and buildings providing for those services provided by truck fuel stations and truck repairs stations, excluding major engine repairs, and including additional services primarily oriented to the over-the-road truck driver, such as, but not limited to, restaurant services, incidental sales and services, motel services, truck wash, and offices and with parking for 10 or more trucks of a tractor-trailer size.

[Added 7-14-1994 by Ord. No. 94-10]

UNCONSTRAINED LAND AREA

Area of a tract or parcel of land that does not contain floodplains, wetlands or slopes greater than 12%.

[Added 3-25-1999 by Ord. No. 99-06]

UPLANDS

All lands except floodplains, wetlands, lands with seasonal high-water table of less than 18 inches from the surface or lands with a slope greater than 12%.

[Added 7-14-1994 by Ord. No. 94-10]

UTILITY SERVICES

Including, but not limited to, sewage treatment, water supply, gas, electric, telephone and cable TV.

UTILITY ALLOWANCE

An allowance for utilities that is consistent with the personal benefit expense allowance for utilities as defined by HUD (or similar allowance approved by COAH).

VARIANCE

Permission to depart from the literal requirements of a zoning ordinance.

VETERINARY HOSPITAL

A facility managed by a licensed veterinarian which provides examination, diagnostic, and prophylactic services to animals, and may also provide to animals housing and nursing care solely during the animal's diagnosis, illness and convalescence, and not otherwise. Such facility shall be designed to meet the criteria for a "hospital" or "clinic" set forth in N.J.S.A. 45:16-9.3b. Without limiting the foregoing language, such facility shall not provide housing, keeping, or shelter of animals other than in connection with such animal's diagnosis, illness, convalescence, or major surgery, being treated at the facility, unless such animal is housed or kept as part of an agricultural or farm operation. (See the definitions of "agricultural use" and "farm.") Such a hospital specifically shall not include or provide, except as specifically stated above, shelters, kennels, laboratories or similar living facilities for animals of any kind, regardless of whether they are profit-oriented, nonprofit or voluntary. A veterinary hospital may include a tent(s). To house temporary horse stalls, as long as the tent(s) does(do) not exceed 3,000 square feet in aggregate. Such tent(s) may be erected without site plan review approval for a period not to exceed 270 days in any calendar year, provided it has no water, plumbing, electric or other utility hook-ups, no foundation, and has no storage of solvents, fertilizers, gases or other chemicals, and provided that the tent has conformed to all applicable construction code requirements (e.g., IBC Section 3103 Temporary Structures) or obtained waivers from these requirements. The area of any such tent(s) shall not be considered an impervious surface or impervious lot coverage. This site plan exemption for a tent(s) shall terminate on December 31, 2009.

[Added 7-19-2001 by Ord. No. 01-17; amended 6-10-2004 by Ord. No. 04-13; 7-28-2005 by Ord. No. 05-21[19]; 5-8-2008 by Ord. No. 08-04[20]]

WAIVER

The granting of relief from one or more submission requirements for an application or relief from design requirements as set forth in this chapter.

WETLANDS

Areas as defined in the New Jersey Freshwater Wetlands Act (N.J.S.A. 13:9B-1 et seq.) or in federal statute or regulation as applicable.

[Added 7-14-1994 by Ord. No. 94-10]

WIRELESS TELECOMMUNICATIONS ANTENNAS, EQUIPMENT AND/OR TOWERS

Buildings and/or structures and appurtenances for the delivery of commercial wireless radio telecommunications through a network.

[Added 9-11-1997 by Ord. No. 97-20]

WIRELESS TELECOMMUNICATIONS EQUIPMENT COMPOUND

A fenced-in area which houses wireless telecommunications buildings, antennas, equipment and/or towers.

[Added 9-11-1997 by Ord. No. 97-20]

WIRELESS TELECOMMUNICATIONS TOWER

A vertical structure designed to support wireless telecommunications antennas, which may be monopole or self-supporting or guyed lattice construction.

[Added 9-11-1997 by Ord. No. 97-20]

YARD

An open space extending between the closest point of any building and a lot line or street line. In an apartment, townhouse, industrial or office park, shopping center or other development where more than one building may be erected on a lot, yards shall also be the open space extending between structures. All yard dimensions shall be measured horizontally and at right angles to either a straight street line, lot line or building facade or perpendicular to the point of tangent of curved lines and facades. The minimum distance between buildings in developments where there is more than one building on a lot shall be the sum of the two yards of the structures, and in no event shall two structures be closer to one another than the sum of both side yards.

YARD, FRONT

The open space extending across the full width of a lot between the street line and a line parallel to the street line through the nearest point of the principal building. For apartments, townhouses, industrial or office park, shopping center, or other development where more than one building may be erected on a lot, the front yard shall be measured from the designated front of the building to an imaginary line the designated distance away from the front of the building.

YARD, REAR

The open space extending across the full width of the lot between the rear lot line and a line parallel to the street line through the nearest point of the principal building to the rear lot line. For apartments, townhouses, industrial or office park, shopping center or other development where more than one building may be erected on a lot, the rear yards shall be measured from the designated rear of the building to an imaginary line the designated distance away from the rear of the building.

YARD, SIDE

An open space extending from the front yard to the rear yard and lying between each side lot line and the principal building. The side yard for apartments, townhouses, industrial or office park complex, shopping center or other developments where more than one building may be erected on a lot shall be measured from the designated side of the building to an imaginary line a designated distance away from the side of the building.

ZONING OFFICER

The individual appointed by the Township Committee to enforce this chapter.

ZONING PERMIT

A document signed by the Zoning Officer

[Added 7-14-1994 by Ord. No. 94-10]

(1) Which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building; and

(2) Which acknowledges that such use, structure or building complies with the provisions of the zoning provisions of this chapter or variance therefrom duly authorized by a municipal agency.

[1] Editor’s Note: The purpose of this ordinance is to revise the provisions of Chapter 92, The Code of East Amwell Township, § 92-4, Definitions, to include solar energy systems as a specifically-permitted accessory use. Solar power, including solar energy systems with both existing and newly developing technology, is a recognized alternative source of energy supported by the federal and state governments. The Municipal Land Use Law has a stated intent and purpose to “promote utilization of renewable energy sources,” N.J.S.A. 40:55D-2(n). East Amwell Township supports these efforts.

[2] Editor’s Note: The purpose of this ordinance is to revise the provisions of Chapter 92, The Code of East Amwell Township, § 92-4, Definitions, to include solar energy systems as a specifically-permitted accessory use. Solar power, including solar energy systems with both existing and newly developing technology, is a recognized alternative source of energy supported by the federal and state governments. The Municipal Land Use Law has a stated intent and purpose to “promote utilization of renewable energy sources,” N.J.S.A. 40:55D-2(n). East Amwell Township supports these efforts.

[3] Editor's Note: The former definition of “appeal,” which immediately followed this definition, was repealed 12-30-2002 by Ord. No. 02-22.

[4] Editor's Note: This ordinance provided that the purpose of enactment was to make the Land Management Ordinance more in accordance with the East Amwell Stormwater Ordinance and the New Jersey Department of Environmental Protection.

[5] Editor’s Note: This ordinance also stated as follows: "The purpose of this ordinance is to revise the provisions of Chapter 92, The Code of East Amwell Township, § 92-89, Sourland Mountain District, to clarify existing provisions which protect the fragile environmental resources in this District. In addition, provisions pertaining to agriculture in the Sourland Mountain are clarified. Existing farming operations are allowed to continue. New farms or the expansion of existing farms are discouraged, especially if it would require irrigation or include animals. A property owner pursuing woodland management for farmland assessment need not apply to the Planning Board, and a farm with farmland assessment for cropland or pasture is grandfathered as a conditional use. These revisions seek to balance environmental protection goals without interfering with current active farming operations. Maximum gross floor area standards are clarified to pertain to only the primary residence. New regulations to require a sketch plan review of all farm buildings between 2,000 and 3,999 square feet and a site plan for all farm buildings 4,000 square feet and over shall be implemented to achieve greater environmental protection."

[6] Editor's Note: This ordinance provided that the purpose of enactment was to define the term "run-in shed" so that it includes setback requirements and distinguishes same from the term "farm building."

[7] Editor's Note: The former definition of "golf course/club," added 3-11-1999 by Ord. No. 99-03, as amended, which immediately followed this definition, was repealed 11-12-2020 by Ord. No. 20-18.

[8] Editor's Note: The definition of "Hamlet/Village Overlay District" which immediately followed this definition, as added 7-14-1994 by Ord. No. 94-10, was deleted 9-13-2001 by Ord. No. 01-19. Further, the definition of “height, building,” added 7-14-1994 by Ord. No. 94-10, which also immediately followed this definition, was repealed 9-12-2002 by Ord. No. 02-18.

[9] Editor’s Note: See the editor's note following the definition of "farm building" for the purpose of this ordinance.

[10] Editor's Note: This ordinance also provided that the purpose of enactment was that the Township Committee desired to implement changes to this chapter, including a provision to extend the time in which a veterinary hospital tent may be erected without the need for site plan review from 180 days to 270 days, a sunset provision terminating the exemption of site plan review for tents used in conjunction with veterinary hospitals, effective 12-31-2007, and a provision exempting tents erected for a period not to exceed 14 days from site plan review and impervious surface calculation.

[11] Editor's Note: See Ch. 89, Junkyards.

[12] Editor's Note: See Ch. 43, Affordable Housing, Art. I, Housing Rehabilitation Program.

[13] Editor’s Note: See the editor's note following the definition of "farm building" for the purpose of this ordinance.

[14] Editor's Note: Ord. No. 05-21 provided that the purpose of enactment was that the Township Committee desired to implement changes to this chapter, including a provision to extend the time in which a veterinary hospital tent may be erected without the need for site plan review from 180 days to 270 days, a sunset provision terminating the exemption of site plan review for tents used in conjunction with veterinary hospitals, effective 12-31-2007, and a provision exempting tents erected for a period not to exceed 14 days from site plan review and impervious surface calculation. Ord. No. 08-04, adopted 5-8-2008, extended the termination of the sunset provision to 12-31-2009.

[15] Editor’s Note: See the editor's note following the history in the definition of "farm building" for the purpose of this ordinance.

[16] Editor's Note: See Article V of this chapter.

[17] Editor’s Note: See the editor's note following the history in the definition of "farm building" for the purpose of this ordinance.

[18] Editor's Note: See N.J.S.A. 52:27D-301 et seq., the Fair Housing Act.

[19] Editor's Note: This ordinance also provided that the purpose of enactment was that the Township Committee desired to implement changes to this chapter, including a provision to extend the time in which a veterinary hospital tent may be erected without the need for site plan review from 180 days to 270 days, a sunset provision terminating the exemption of site plan review for tents used in conjunction with veterinary hospitals, effective 12-31-2007, and a provision exempting tents erected for a period not to exceed 14 days from site plan review and impervious surface calculation.

[20] Editor's Note: The purpose of this ordinance was to change the termination date for site plan exemption for tents used in conjunction with veterinary hospitals from 12-31-2007 until 12-31-2009.