Township of Morris, NJ Part 1 General Provisions

Article I Title; Purpose; Definitions

§ 57-1 Short title.

This chapter shall be known and cited as the "Land Development Ordinance of the Township of Morris."

§ 57-2 Purpose.

A. The purposes of this chapter are as follows:

(1) To guide the appropriate use or development of all land, in a manner which will promote the public health, safety, morals and general welfare.

(2) To secure safety from fire, flood, panic and other natural and man-made disasters.

(3) To provide adequate light, air and open space.

(4) To ensure that land development does not conflict with the development and general welfare of neighboring municipalities, the county and the state as a whole.

(5) To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons and neighborhoods and the preservation of the environment.

(6) To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies.

(7) To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements.

(8) To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which will result in congestion or blight.

(9) To promote a desirable visual environment through creative development techniques and good civic design and arrangements.

(10) To promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land.

(11) To encourage planned unit developments which incorporate the best features of design and relate the type, design and layout of residential, commercial, industrial and recreational development to the particular site.

(12) To encourage senior citizen community housing construction.

[Amended 2-13-1980 by Ord. No. 4-80]

(13) To encourage coordination of various public and private procedures and activities shaping land development with a view to lessening the cost of such development and to the more efficient use of land.

(14) To regulate the location of buildings and establish standards of development, to establish building lines and the location of buildings designed for residential, commercial, industrial, office or other uses within such lines and to fix reasonable standards to which buildings or structures shall conform.

(15) To prohibit incompatible uses: to prohibit uses, buildings or structures which are incompatible with the character of development or the permitted uses within specified zoning districts.

(16) To regulate alterations of existing buildings: to prevent such additions to and alterations or remodeling of existing buildings or structures as would not comply with the restrictions and limitations imposed hereunder.

(17) To protect against hazards: to provide protection against fire, explosions, noxious fumes and other hazards, in the interest of the public health, safety, comfort and the general welfare.

(18) To conserve the taxable value of land and buildings throughout the Township.

(19) To meet the future housing needs of the citizens of the Township of Morris and the region and to assure a full range of housing types to meet all income levels.

(20) To minimize losses and damages to public and private property due to inundation caused by floodwaters and storm runoff.

(21) To prevent installation of structures and restrict land uses which cause increases in flood heights and/or velocities, erosion and siltation.

(22) To prevent an increase in volume and rate of surface runoff due to development.

(23) To reduce public expenditures for emergency operations, evacuations and restorations.

(24) To prevent damage to transportation and utility systems.

(25) To prevent further unwise development in floodplains, thus reducing future expenditures for protective measures.

(26) To preserve, protect and enhance the natural environment of the floodplain.

(27) To maintain the useful life of reservoirs by preventing sedimentation.

(28) To prevent dangers to life and property from flooding resulting from excessive water runoff and clogging of drainage structures.

(29) To preserve the recreational use of water bodies for swimming and fishing by preventing stagnation.

(30) To enhance the recycling of wastewater by maintaining sufficient flows in streams and rivers to maintain oxygen levels.

(31) To prevent toxic materials, nitrates and pesticides from entering public water supplies.

(32) To reduce public expenditures for repair of public facilities resulting from soil erosion and sedimentation.

§ 57-3 Word usage; definitions.

A. Word usage. For the purpose of this chapter, unless the context clearly indicates a different meaning, the term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action.

B. Definitions. As used in this chapter, the following terms shall have the meanings indicated:

ABUTTING COUNTY ROAD

Any existing or proposed county road shown on the adopted County Master Plan or Official Map which adjoins or lies within a lot or parcel of land submitted for subdivision or site plan approval.

ACCESSORY HOME OFFICE

An office which is incidental and accessory to the single-family residence use and which is used only by the resident occupant of the premises for professional or business purposes, provided that it meets the criteria of § 95-37C and a zoning permit has been issued by the Township Zoning Officer.

[Added 4-19-1995 by Ord. No. 9-95]

ACCESSORY USE OR STRUCTURE

A use or structure subordinate to the principal use of a building or structure on the same zone lot and serving a purpose customarily incidental to the use of the principal building. When an accessory building is attached in a substantial manner by a roof to a principal building or structure, it shall be considered a part of said principal structure or roof.[1]

ADMINISTRATIVE OFFICER

The Township Clerk, unless a different municipal official or officials are designated by this chapter or the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).[2]

ADVERSE DRAINAGE CONDITION

Either the absence or presence of drainage facilities or drainage easements in a drainageway leading to, along or through a street, road, drainage structure or private property, either within or exterior to a proposed subdivision or site plan, of such location, size, design, construction or condition which will not provide adequately for storm drainage or will cause flooding, erosion, silting or other damaging effect to a street or road or drainage structure or private property or threatens to damage private property as a result of such adverse storm drainage condition.

ALLEY

A minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

AMP

An agricultural management practice recommended by the State Agriculture Development Committee (SADC) and adopted pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq.

[Added 12-14-2011 by Ord. No. 37-11]

ANIMAL HOSPITAL

A place where animals or pets are given medical or surgical treatment. Use as a kennel shall be limited to short-term boarding and shall be incidental to such hospital use.

ANIMAL KENNEL

Any building, structure or premises in which animals are kept, boarded, bred or trained for commercial gain.

APPLICANT

A developer submitting an application for development.

APPLICATION FOR DEVELOPMENT

The application form and all accompanying documents required for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to this chapter.

APPROVED PLAN

A plan which has been approved by the Planning Board of the Township of Morris or Board of Adjustment.

APPROVING AUTHORITY

The Planning Board, unless a different agency is designated by ordinance when acting pursuant to the authority of this chapter.

AREA OF SPECIAL FLOOD HAZARD

That land in the floodplain subject to a one-percent or greater chance of flooding in any year.

[Added 5-27-1981 by Ord. No. 20-81]

AUTOMOTIVE SERVICE STATION or GASOLINE STATION

A place where gasoline, kerosene or any other motor fuel or lubricant, oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, including sale of accessories, greasing, oiling and light motor service on the premises.

BASE FLOOD

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

[Added 5-27-1981 by Ord. No. 20-81]

BASEMENT

A story partly above grade level having 1/2 or more of its floor-to-ceiling height above the average level of the adjoining ground. A basement shall be counted as a story if used for business or dwelling purposes.

BLOCK

The area bounded by one or more streets or a municipal boundary of sufficient size to accommodate a lot or lots of the minimum size required in Chapter 95, Zoning, of the Code of the Township of Morris and as further specified herein.

BOARD OF ADJUSTMENT

The Board established pursuant to Part 2 of this chapter.

BRIDGE

A structure having a clear span in excess of 20 feet, designed to convey vehicles and/or pedestrians over a watercourse, railroad or street, or any depression.

BUILDING

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

BUILDING COVERAGE

That area of a lot which is occupied by a building or structure, but not including uncovered walkways, steps, patios or a parking lot or area or any similar improvements thereto.

BUILDING HEIGHT

The maximum vertical dimension of a building or structure as measured on a vertical line between the top of the roof and the average finished grade of the surrounding land within 20 feet of the structure. The average finished grade shall be computed as illustrated below in Illustrations A, B and C.[3] In no event, however, shall the maximum structure height above the actual finished grade at any point exceed by 33 1/3% the maximum permitted height in the zone. In the event of an addition to a building or structure, only the average finished grade of the land within 20 feet of the walls of the new addition shall be used to determine the maximum permitted height.

[Amended 7-14-1982 by Ord. No. 20-82; 12-19-2012 by Ord. No. 21-12]

BUILDING, PRINCIPAL

A structure in which is conducted the principal use of the site on which it is situated.

CAPITAL IMPROVEMENT

A governmental acquisition of real property or major construction project.

CARPORT

A roofed structure providing space for the parking of motor vehicles and enclosed on not more than three sides.[4]

CELLAR

A story partly above grade level having more than 1/2 of its floor-to-ceiling height below the average level of the adjoining ground. A cellar shall not be used as a dwelling unit.

CERTIFICATION

A signed written statement by the appropriate officer that specific construction, inspections or tests, where required, have been performed and that such comply with the applicable requirements of this chapter or regulations adopted.

CHANNEL

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

CIRCULATION

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

COMMERCIAL FARM

[Added 12-14-2011 by Ord. No. 37-11]

(1) A farm management unit, as defined herein, of no less than five acres producing agricultural or horticultural products worth $2,500 or more annually and satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.; or

(2) A farm management unit, as defined herein, containing less than five acres but producing agricultural or horticultural products worth $50,000 or more annually and otherwise satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.

COMMON OPEN SPACE

An open space area within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development. "Common open space" may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.[5]

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 Chapter 95, Zoning, or this chapter and upon the issuance of an authorization therefor by the Planning Board.[6]

CONVENTIONAL

Development other than planned development or cluster development.

COUNTY MASTER PLAN

A composite of the Master Plan for the physical development of the county in which the municipality is located, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4.

COUNTY PLANNING BOARD

The Morris County Planning Board.

COURT

Any open, unoccupied area which is bounded by three or more attached building walls.

CRITICAL AREA

A sediment-producing, highly erodible or severely eroded area.

CUL-DE-SAC OR DEAD-END STREET

A street or portion of a street in which accessibility is limited to only one direction.

CULVERT

A structure designed to convey a watercourse under a driveway, road, railroad or pedestrian walk, not incorporated in a closed drainage system and having a clear span of 20 feet or less.

CUT

Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.[7]

DAYS

Calendar days.

DEDICATION FOR ROAD PURPOSES

A dedication of land to the Township or county, whichever is applicable, for the installation of utilities, construction, reconstruction, widening, repairing, maintaining or improving said road and for the construction, reconstruction or alteration of facilities related to the safety, convenience or carrying capacity of said road, including curbing, pedestrian walkways, drainage facilities and traffic control devices.

DENSITY

[Added 12-28-1983 by Ord. No. 42-83]

(1) GROSS DENSITY The total number of dwelling units on the tract divided by the total area of the tract, including environmentally sensitive or restricted areas. The result is expressed as dwelling units per acre (du/ac).

(2) NET DENSITY The total number of dwelling units within a designated residential land use parcel divided by the total land area of the designated residential land use parcel less major recreational facilities, collector streets and public facilities within the parcel. The result is expressed as dwelling units per acre (du/ac).

DEPARTMENT

The State Department of Environmental Protection.

DEVELOPER

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

DEVELOPMENT

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

DEVELOPMENT REGULATION

Zoning, subdivision, site plan, Official Map or other municipal regulations of the use and development of land, or amendment thereto, adopted and filed pursuant to the Municipal Land Use Law.[8]

DIVERSION

A channel with or without a supporting ridge on the lower side constructed across or at the bottom of a slope.[9]

DRAINAGE

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

DRIVE-IN RESTAURANT

An establishment where food and/or drink is served to and consumed by customers while parked in an automobile on the premises.

[Amended 6-21-2023 by Ord. No. 11-23]

DRIVE-THROUGH RESTAURANT

An establishment where some or all of the food and/or drink sold is served, from a window, to customers within vehicles outside the confines of the building for consumption off the premises.

[Added 12-16-2020 by Ord. No. 28-20]

DWELLING

Any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons. Hotels, motels, dormitories, fraternity or sorority houses, rooming houses and/or boardinghouses and other similar group quarters and institutional living space shall not constitute a dwelling as defined in this chapter.

(1) DWELLING, ONE-FAMILY A building occupied or intended for occupancy exclusively for one family or one household with direct access from the outside and further provided with cooking, sleeping and sanitary facilities for the exclusive use of the occupants of the unit.

(2) DWELLING, TWO-FAMILY A building occupied or intended for occupancy as separate living quarters for no more than two families or two households with separate cooking, sleeping and sanitary facilities for the exclusive use of the occupant of each unit, which are separated from each other by vertical walls or horizontal floors, unpierced except for access to the outside or to a common basement or cellar.

(3) DWELLING, MULTIFAMILY A building occupied or intended for occupancy as separate living quarters for more than two families or more than two households with direct access from the outside for each family or household or through a common hall, and further provided that separate cooking, sleeping and sanitary facilities are provided for the exclusive use of the occupants of each dwelling unit. Certain features of a multiple-family dwelling may be provided in common, including heating facilities, electric and gas service, off-street parking, yards and open space. Multiple-family dwellings may include buildings in cooperative or leasehold ownership or in condominium ownership.

DWELLING, DETACHED

A dwelling which is completely surrounded by permanent open spaces.

DWELLING UNIT

One or more rooms, occupied or intended for occupancy as separate living quarters by one family or household, provided that access by no less than two means is provided from the outside or through a common hall and that separate cooking, sleeping and sanitary facilities are provided within the dwelling for the exclusive use of the occupants thereof.

EMBANKMENT

A man-made or natural deposit of soil, rock or other materials.

ENCROACHMENT

Any obstruction within a delineated floodway.

ENVIRONMENTAL COMMISSION

A municipal advisory body created pursuant to N.J.S.A. 40:56A-1 et seq.

EROSION

The detachment, movement or wearing away of land surface, soil or rock fragments by water, wind, ice or gravity.

ESSENTIAL SERVICE

The erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground, surface or overhead gas, electrical, steam or water transmission systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, light stations, telephone lines, hydrants and other similar equipment and accessories herewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health, safety or general welfare. "Essential service" shall include firehouses or stations and first aid and emergency aid squads. Notwithstanding anything to the contrary elsewhere herein, "essential service" shall not include essential service maintenance facilities. Requirements for underground utilities shall be subject to requirements of the New Jersey Board of Public Utilities, as well as other municipal ordinances, where appropriate.

[Amended 4-15-2009 by Ord. No. 6-09[10]]

ESSENTIAL SERVICE MAINTENANCE FACILITIES

Land, buildings and/or other structures used for the storage, maintenance and/or repair of vehicles, equipment and/or supplies which are used for the provision, construction, installation, maintenance, repair and/or replacement of any essential service as defined in this chapter.

[Added 4-15-2009 by Ord. No. 6-09]

EXCAVATION

The horizontal and vertical limits of an area from which earth has been removed or will be removed by mechanical means.[11]

EXISTING GRADE

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

FAMILY

Any number of persons related by blood, marriage or adoption, living together as a single housekeeping unit and using certain rooms and housekeeping facilities in common. "Family" shall also include foster children placed with a family in such dwelling by the Division of Youth and Family Services or a duly incorporated child-care agency.

FARM

An area of land which is actively devoted to agricultural or horticultural use which occupies no less than five acres, exclusive of the land upon which the farmhouse is located and such additional land as may actually be used in connection with the farmhouse as provided in N.J.S.A. 54:4-23.3, 54:4-23.4, 54:4-23.5 and 54:4-23.11, except that no livestock, poultry, fowl or other animals are maintained on the premises for commercial gain except where incidental to the major agricultural activity which meets the guidelines established by the Division of Taxation.[12]

FARM CONSERVATION PLAN

A plan which provides for use of land, within its capabilities and treatment, within practical limits, according to chosen use, to prevent further deterioration of soil and water resources.

FARM MANAGEMENT UNIT

A parcel or parcels of land, whether contiguous or noncontiguous, together with agricultural or horticultural buildings, structures and facilities, producing agricultural or horticultural products, and operated as a single enterprise.

[Added 12-14-2011 by Ord. No. 37-11]

FARM MARKET

A facility used for the wholesale or retail marketing of the agricultural output of a commercial farm, and products that contribute to farm income, except that if a farm market is used for retail marketing, at least 51% of the annual gross sales of the retail farm market shall be generated from sales of agricultural output of the commercial farm, or at least 51% of the sales area of the farm market shall be devoted to the sale of the agricultural output of the commercial farm, and except that if a retail farm market is located on land less than five acres in area, the land on which the farm market is located shall produce annually agricultural or horticultural products worth at least $2,500.

[Added 12-14-2011 by Ord. No. 37-11]

FILL

Sand, gravel, earth or other materials of any composition whatsoever placed or deposited by any person or persons. Also see "embankment."

FINAL APPROVAL

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

FINISHED GRADE

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

FLOOD DAMAGE POTENTIAL

The susceptibility of a specific land use at a particular location to damage by flooding and the potential of the specific land use for increased off-site flooding or flood-related damages.

FLOOD-FRINGE AREA

That portion of the flood hazard area outside the floodway.

FLOOD HAZARD AREA

The floodplain, based on the total area inundated during the flood of record or such area as can be demonstrated to be now susceptible to inundation due to modifications to storage area or improvements to the channel, whether said improvements or modifications are upstream or downstream.

FLOOD HAZARD DESIGN ELEVATION

The highest elevation, expressed in feet above sea level, of the level of floodwaters in the flood of record.

FLOOD HAZARD MAP

See "Flood Insurance Rate Map" (FIRM).

[Amended 12-12-1979 by Ord. No. 40-79; 5-27-1981 by Ord. No. 20-81]

FLOOD INSURANCE RATE MAP

The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable.

[Added 5-27-1981 by Ord. No. 20-81]

FLOOD INSURANCE STUDY

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

[Added 5-27-1981 by Ord. No. 20-81]

FLOOD OF RECORD

Same as "base flood."

[Amended 5-27-1981 by Ord. No. 20-81]

FLOOD or FLOODING

A general and temporary condition of partial or complete inundation of normally dry land from the overflow of streams or the unusual and rapid accumulation or runoff of waters from any source.

[Added 5-27-1981 by Ord. No. 20-81]

FLOODPLAIN

The same as "flood hazard area."

FLOODWAY

The channel of a river or watercourse and any adjacent land areas that are required to discharge the base flood without cumulatively increasing the water surface elevation by more than 0.2 foot.

[Amended 5-27-1981 by Ord. No. 20-81]

FLOOR AREA, GROSS

The sum of the gross horizontal areas of the several floors of a building, measured from the exterior walls, but excluding any areas devoted to or used solely for off-street parking and loading.

[Added 4-11-1979 by Ord. No. 4-79[13]]

FLOOR AREA, NET

The gross floor area of all floors in the structure, excluding those floors devoted to parking, minus 10%.

[Added 4-11-1979 by Ord. No. 4-79]

FLOOR AREA RATIO

The ratio of the net floor area as defined herein divided by the total gross tract area.

[Added 4-11-1979 by Ord. No. 4-79]

FLY ASH

Particles of a gasborne matter, not including process material, arising from the combustion of solid fuel, such as coal or wood.

GARAGE

A building or structure used for the storage of one or more vehicles. If it is maintained for the resident occupant of the premises and no service is rendered to the public or business conducted therein, it is a private garage. Any garage other than a private garage is a public garage.

GENERAL DEVELOPMENT PLAN

A comprehensive plan for the development of a planned development, as provided in Section 4 of P.L. 187, c. 129 (N.J.S.A. 40:55D-45.2).

[Added 10-1-2012 by Ord. No. 13-12]

GOVERNING BODY

The Township Committee of Morris Township.

GOVERNMENT AGENCY

Any department, commission, independent agency or instrumentality of the United States and of the State of New Jersey, and any county, city, township, village, authority, district or other governmental unit.

GRADING

Any stripping, cutting, filling, stockpiling or any combination thereof, and shall include the land in its cut or filled condition.

GRADING PERMIT

A permit issued to authorize work to be performed under this chapter.

GRASSED WATERWAY

A natural or constructed waterway, usually broad and shallow, covered with erosion-resistant grasses used to conduct surface water from a field, diversion or other site feature.

HABITABLE FLOOR

Any floor usable for living purposes, which includes working, sleeping, eating, cooking and/or recreation. A floor used only for storage or mechanical equipment is not a habitable floor.

[Added 5-27-1981 by Ord. No. 20-81]

HAZARDOUS MATERIALS

Includes but is not limited to inorganic mineral acids of sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous, selenium and arsenic and their common salts; lead, nickel and mercury and their inorganic salts or metallic-organic derivatives; and coal tar acids, such as phenols and cresols and their salts.

HISTORIC SITE

Any building, structure, area or property that is significant in the history, architecture, archaeology or culture of this state, its communities or the nation and has been so designated pursuant to the New Jersey Municipal Land Use Law.[14]

HOTEL, MOTOR HOTEL or MOTEL

A building designed for occupancy as a temporary residence of one or more persons who are lodged with or without meals.

HOUSEHOLD

One or more persons occupying a dwelling unit as a single nonprofit housekeeping unit, who are living together as a bona fide, stable and committed living unit, being a traditional family unit or the functional equivalent thereof, exhibiting the generic character of a traditional family.[15]

IMPERVIOUS SURFACE

Any ground cover which reduces the rate of absorption of stormwater into undeveloped land. Ground cover shall consist of buildings, structures, paving, artificial coverings and swimming pools. Retention and detention basins and dry wells allowing water to percolate directly into the ground shall not be considered as impervious surfaces.

IMPROVED LOT COVERAGE

That portion of one or more than one lot which is improved or is proposed to be improved with principal and accessory buildings and structures, including driveways, parking lots, pedestrian walkways, signs and other man-made improvements on the ground surface.

IN-HOME BUSINESS OFFICE

The office of a salesperson, accountant, auditor, stock, commodities or real estate broker, bookkeeper, consultant, computer programmer or person of like occupation or business, which office is located within the residence of the business person; a conditional use permit and site plan approval by the Planning Board shall be required. No goods or products shall be manufactured, stored or sold on the premises. In-home business offices shall be service businesses only and shall meet the criteria of § 95-37C.

[Added 4-19-1995 by Ord. No. 9-95]

IN-HOME PROFESSIONAL OFFICE

The office of a physician, dentist, psychologist, lawyer, architect, landscape architect, engineer, planner or land surveyor or person of like profession who holds a professional license to practice within the State of New Jersey, which office is located within the residence of the professional practitioner; a conditional use permit and site plan approval by the Planning Board shall be required. Every in-home professional office shall meet the criteria of § 95-37C.

[Added 4-19-1995 by Ord. No. 9-95]

INTERESTED PARTY

In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey, and, in the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or whose right to use, acquire or enjoy property under this chapter or under any other law of this state or of the United States has been denied, violated or infringed by an action or a failure to act under this chapter.

JUNKYARD

The use of any area, lot, parcel, building or structure for the storage, sale, processing or abandonment of junk, including scrap metal and other materials, or for the dismantling, demolition or abandonment of any inoperable mechanical equipment, machinery or vehicles or parts thereof. "Junkyard" shall not include the storage of materials for processing of discarded or salvaged materials as part of a permitted industrial operation on the same premises.

LAND

Includes improvements and fixtures on, above or below the surface and includes ground, soil or earth, including marshes, swamps, drainageways and areas not permanently covered by water within the municipality.

LAND DISTURBANCE

Any activity involving clearing, grading, transporting, filling and any other activity which causes land to be exposed to the danger of erosion.

LIVESTOCK

Domesticated animals raised in an agricultural environment to produce commodities such as food and fiber or to perform labor or other services.

[Added 12-14-2011 by Ord. No. 37-11]

LOT

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. A street passing through land shall be considered as having divided the land into lots. A building lot shall be one having such open spaces, minimum frontage and width as required by this chapter and fronting on an approved federal, state, county or Township street.

(1) LOT, CORNER A parcel of land either at the junction of and abutting on two or more intersecting roads or abutting a single road at the point where the road tangents deflect by more than 45°.

(2) LOT, INTERIOR A parcel of land other than a corner lot.

(3) LOT, THROUGH A parcel of land which extends through from one road to another.

LOT AREA

The computed area contained within the lot lines, but not including any road rights-of-way.

LOT COVERAGE

Same as "building coverage."

LOT DEPTH

The average of the horizontal distances between the front lot line and the rear lot line, measured perpendicular to the front lot line at either end and at the midpoint of the front lot line.

LOT FRONTAGE

The length of the front lot line.

LOT LINE

A line of record bounding the lot.

(1) LOT LINE, FRONT The lot line separating the lot from the road right-of-way.

(2) LOT LINE, REAR The lot line opposite and most distant from the front lot line, or the point at which the two side lot lines meet, as the case may be.

(3) LOT LINE, SIDE Any lot line other than a front or rear lot line. A side lot line separating a lot from a road is called a "side road lot line."

LOT WIDTH

The distance between the side lot lines measured at the front lot line, at the minimum front yard setback line and for a distance of 40 feet to the rear of the minimum front yard setback line.

[Amended 6-24-1981 by Ord. No. 21-81]

LOWER-INCOME HOUSEHOLD

The income eligibility limits for a household designated as low and very low contained in HUD Section 8, Rental Assistant Program Income by Family Size, for the appropriate housing region for various size households, or other generally accepted state or federal agency standards.

[Added 12-28-1983 by Ord. No. 42-83]

LOWER-INCOME HOUSING

Those dwelling units which are affordable to purchase or rent by a lower-income household using not more than 25% of the family income.

[Added 12-28-1983 by Ord. No. 42-83]

MAINTENANCE GUARANTY

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

MAJOR SUBDIVISION

Any subdivision not classified as a minor subdivision.

MASTER PLAN

A composite of the mapped and written proposals recommending the physical development of the Township of Morris which shall have been duly adopted by the Planning Board.

MAYOR

The chief executive of Morris Township.[16]

MINOR SUBDIVISION

A subdivision of land for the creation of not more than three lots, including the remaining lot or parcel, provided that such subdivision does not involve a planned development, any new street, or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.

[Amended 2-13-1980 by Ord. No. 4-80]

MULCHING

The application of plant or other suitable materials on the soil surface to conserve moisture, hold soil in place and aid in establishing plant cover.

MUNICIPAL AGENCY

The Planning Board of the Township of Morris, the Board of Adjustment of the Township of Morris, the governing body of the Township of Morris when acting in such capacity pursuant to N.J.S.A. 40:55D-1 et seq. and any agency created by or responsible to the municipality when such agency is acting pursuant to the Municipal Land Use Law.

[Added 9-18-1996 by Ord. No. 20-96]

MUNICIPALITY

The Township of Morris.

NATURAL GROUND SURFACE

The ground surface in its original state before any grading, excavation or filling.

NONCONFORMING BUILDING

A building which does not conform to one or more of the regulations of this chapter for the zone in which it is located.

NONCONFORMING LOT

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

NONCONFORMING STRUCTURE

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

NONCONFORMING USE

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

NURSERY SCHOOL

A school designed to provide daytime care or instruction for two or more children from two to six years of age, inclusive, and operated on a regular basis.

NURSING HOME

A building providing shelter and/or supplemental health care for the elderly or infirmed and meeting the standards of the New Jersey State Department of Human Services to operate as a nursing home.[17]

OBSTRUCTION

Includes but is not limited to any structure, fill, excavation, channel modification, rock, gravel, refuse or matter in, along, across or projecting into any channel, watercourse or flood hazard area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to pose a danger to life or property.

OFFICIAL COUNTY MAP

The map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of the county pursuant to N.J.S.A. 40:27-5.

OFFICIAL MAP

A map adopted in accordance with the Municipal Land Use Act,[18] or any prior act authorizing such adoption, which map shall be deemed to be conclusive with respect to the location and width of the streets, public parks and playgrounds and drainage rights-of-way shown thereon.

OFFICIAL SOILS INTERPRETATION

The interpretations of the soils described in the Morris County Soil Survey of the National Cooperative Soil Survey of the Natural Resources Conservation Service, United States Department of Agriculture, published by the County Soil Conservation District and adopted by resolution of the Morris County Planning Board.

OFFICIAL SOILS MAP

The individual map sheets that are part of the Morris County Soil Survey of the National Cooperative Soil Survey of the Natural Resources Conservation Service, United States Department of Agriculture, published by the County Soil Conservation District and adopted by resolution of the Morris County Planning Board.

OFF-SITE

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

OFF-TRACT

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

ON-SITE

Located on the lot in question.

ON-TRACT

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

OPEN PORCH

A covered area attached to an entrance to a dwelling, not enclosed by walls, glass, screens or otherwise except for columns and/or railings which are no less than 50% open.

[Added 12-18-2019 by Ord. No. 29-19]

OPEN SPACE

Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use or enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such area may be improved with only those buildings, structures, streets, and off-street parking and other improvements that are designated to be incidental to the natural openness of the land or are expressly permitted within the open space by the terms of Chapter 95, Zoning.

[Amended 10-1-2012 by Ord. No. 13-12]

OWNER

An individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to develop the same under this chapter.

PARABOLIC SATELLITE ANTENNA

Any apparatus which is designed for the purpose of receiving television, radio, microwave, satellite or similar signals and which is characterized by a round dish-type structure.

[Added 4-23-1986 by Ord. No. 6-86]

PARKING AREA, PRIVATE

Any open space used for the temporary storage of automobiles and other vehicles for the private use of the owners or occupants of the lot on which the area is located.

PARKING AREA, PUBLIC

Any open area, other than a road or other public way, used for the temporary storage of automobiles and other vehicles and available to the public, whether for a fee or without compensation or as an accommodation for clients, customers and employees.

PARTY IMMEDIATELY CONCERNED

For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under this chapter.

PERCOLATION TEST

A test designed to determine the ability of ground to absorb water.

PERFORMANCE GUARANTY

Any security which may be accepted by the Township, whether the same be in the form of cash, performance bond or unconditional, irrevocable letter of credit or any combination of the same, as hereinafter set forth.

[Amended 4-9-1980 by Ord. No. 15-80]

PERMIT

A certificate issued to perform work under this chapter.

PERMITTED USE

Any use which shall be allowed, subject to the provisions of this chapter.

PERMITTEE

Any person to whom a permit is issued in accordance with this chapter.

PERSON

Corporations, companies, associations, societies, firms, partnerships and joint-stock companies, as well as individuals, the state and all political subdivisions of the state or any agencies or instrumentalities thereof.

PESTICIDE

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

PICK-YOUR-OWN OPERATION

A direct-marketing alternative wherein retail or wholesale customers are invited onto a commercial farm in order to harvest agricultural, floricultural, or horticultural products.

[Added 12-14-2011 by Ord. No. 37-11]

PLACE OF ASSEMBLY

A building or space intended for 50 or more persons to gather therein for political, social, recreational or entertainment purposes, whether for the purpose of financial gain or not, but not including a place of worship or a public or private school.

[Added 10-21-2020 by Ord. No. 20-20]

PLACE OF WORSHIP

A church, synagogue, temple, mosque or other space that is used for prayer and/or other religious observances and that is architecturally designed and particularly adapted for the primary use of conducting religious services on a regular basis, together with accessory uses customarily associated therewith, including, but not limited to facilities for the following: educational and/or religious instruction; child care; after school learning; ceremonies, special events and similar functions; workshops and study/support groups; living quarters for the religious leader; and living quarters for members of the religious order.

[Added 10-21-2020 by Ord. No. 20-20]

PLANNED COMMERCIAL DEVELOPMENT

An area of a minimum contiguous size as specified by this chapter to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses, or both, and other uses incidental to the predominant use as may be permitted by this chapter.

PLANNED DEVELOPMENT

Residential cluster, planned commercial development or planned industrial development.

PLANNED INDUSTRIAL DEVELOPMENT

An area of a minimum contiguous size as specified by this chapter to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate uses and any other uses incidental to the predominant use as may be permitted by this chapter.

PLANNED RESIDENTIAL DEVELOPMENT

An area with a specified minimum contiguous acreage of 10 acres or more to be developed as a single entity according to a plan, containing one or more residential clusters, which may include public or quasi-public uses, all primarily for the benefits of the residential development. Several proximate noncontiguous tracts may be included in a planned residential development, provided that a single general development plan application is filed for all the tracts and further provided that all such noncontiguous parcels are connected by Township, county or other public land available for use by the residents of the development.

[Added 12-28-1983 by Ord. No. 42-83]

PLANNED UNIT DEVELOPMENT

An area with a specified minimum contiguous or noncontiguous acreage of 10 acres or more to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in Chapter 95, Zoning.

[Added 10-1-2012 by Ord. No. 13-12]

PLANNING BOARD

The Morris Township Planning Board.

PLAT

A map or maps of a subdivision or site plan.

PLAT, FINAL

The final map of all or a portion of a subdivision or site plan which is presented to the Planning Board for final approval in accordance with this chapter.

PLAT, PRELIMINARY

The preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the Planning Board for consideration and preliminary approval.

PLAT, SKETCH

The sketch map of a subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification.

PRELIMINARY APPROVAL

The conferral of certain rights pursuant to Parts 3 and 4 of this chapter prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.

PRELIMINARY FLOOR PLANS AND ELEVATIONS

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

PROFESSIONAL ENGINEER

An engineer duly licensed or otherwise authorized by the State of New Jersey to practice in the field of civil engineering.

PROHIBITED USE

Any use which shall not be allowed under any circumstances.

PUBLIC AREAS

Public parks, playgrounds, trails, paths and other recreational areas; other public open spaces; scenic and historic sites; and sites for schools and other public buildings and structures.

PUBLIC DEVELOPMENT PROPOSAL

A master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.

PUBLIC DRAINAGEWAY

The land reserved or dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.

PUBLIC OPEN SPACE

An open space area conveyed or otherwise dedicated to the Township or a Township agency, board of education, state or county agency or other public body for recreational or conservational uses.

RAINFALL EXCESS

The portion of rainfall which becomes direct surface runoff.

RECREATION

(1) RECREATION, COMMERCIAL Facilities operated as a business and open to the public for a fee.

(2) RECREATION, PRIVATE Facilities operated by a nonprofit organization and open only to bona fide members and guests of such nonprofit organization.

REGULATED GRADING

Any grading performed with the approval of and in accordance with criteria established by the Township Engineer.

RESIDENTIAL CLUSTER

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

RESIDENTIAL DENSITY

The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.

RESTAURANT

An establishment where food and/or drink are prepared and served and where some or all of the consumption takes place within the confines of the building.

[Added 6-21-2023 by Ord. No. 11-23]

RESUBDIVISION

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

REVIEWING BODY

The Planning Board, except where otherwise required by N.J.S.A. 40:55D-1 et seq.

[Added 12-28-1983 by Ord. No. 42-83]

RIGHTS OF DISCHARGE

A legally recordable instrument granting to the developer the right to discharge collected waters upon lands exterior to the development.

ROOMING HOUSE

A dwelling unit containing rooms for rent providing lodging and/or boarding of individuals.

SADC

The State Agriculture Development Committee of the New Jersey Department of Agriculture.

[Added 12-14-2011 by Ord. No. 37-11]

SCHOOLS, PUBLIC OR PRIVATE

Schools through grade 12 providing primary and secondary education in subjects and classes meeting the requirements of the State Compulsory Education laws.

[Added 10-21-2020 by Ord. No. 20-20]

SEDIMENT

Solid material, both mineral and organic, that is in suspension and is being transported or has been moved from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.

SEDIMENT BASIN

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

SEDIMENT POOL

The reservoir space allotted to the accumulation of submerged sediment during the life of the structure.

SHOPPING CENTER

Two or more retail commercial establishments located in one building or structure designated as a planned commercial development as defined herein.

SIGHT TRIANGLE

A triangular-shaped portion of land established at intersections in accordance with the requirements of this chapter, in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to obstruct vision between a height of two feet and 10 feet above the center-line grade of either street. The Township shall have the right of entry to remove any visual obstructions not conforming to the standards of this definition, following due notice to the property owner.

SIGN

Any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public.

SIGN, ADVERTISING

A sign which directs attention to a business, commodity, service or other facility conducted, sold or offered elsewhere than on the premises where the sign is located.

SIGN, BUSINESS

A sign which directs attention to a business, commodity, service or other facility conducted, sold or offered upon the premises where such sign is located or to which it is affixed.

SIGN, FLASHING

A sign in which the artificial light is not maintained constant in intensity, color or frequency at all times when such sign is in use.

SIGN, GROSS ADVERTISING AREA OF

The entire space within a single continuous perimeter enclosing the extreme limits of a sign.

SILTATION (DETENTION OR RETENTION) BASIN

A temporary or permanent facility designed in accordance with standards of the applicable federal, state, county or municipal agencies to collect silt and eroded soil from the area of a development and/or to retain stormwater runoff.

SITE

Any plot or parcel of land or combination of contiguous lots or parcels of land.

SITE PLAN

A development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, and screening devices; and any other information that may be reasonably required in order to make an informed determination pursuant to this chapter requiring review and approval of site plans by the Planning Board or Board of Adjustment, as the case may be.

SLOPE

Degree of deviation of a surface from the horizontal, usually expressed in percent or degree.

SOIL

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

SOIL CONSERVATION DISTRICT

A governmental subdivision of this state which encompasses this municipality, organized in accordance with the provisions of Chapter 23, Title 4 (N.J.S.A. 4:24-1 et seq.).

SOIL ENGINEER

A professional engineer who is qualified by education and experience to practice applied soil mechanics and foundation engineering.

SOIL EROSION AND SEDIMENT CONTROL PLAN

A plan which fully indicates necessary land treatment measures, including a schedule of the timing for their installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be at least equivalent to the standards and specifications adopted by the Morris County Soil Conservation District.

STANDARDS OF PERFORMANCE

Standards adopted by this chapter regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matter, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matter as may be reasonably required by the Township or standards required by applicable federal or state laws or municipal ordinances.

STORMWATER DETENTION

Any storm drainage technique which retards or detains runoff, such as a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells or any combination thereof.

STORY

That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.

STORY, HALF

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

STREAM ENCROACHMENT PERMIT

A permit issued by the Department under the provisions of N.J.S.A. 58:16A-50 et seq.[19]

STREET

Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway, or which is shown upon a plat heretofore approved pursuant to law, or which is approved by official action as provided by this chapter, or which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutter, curbs, sidewalks, parking areas and other areas within the street lines.

(1) STREET, ARTERIAL A street which is used primarily for fast or heavy traffic as designated on the sector plan maps of the Master Plan of the Township of Morris.

(2) STREET, MAJOR COLLECTOR A street or segment thereof which conducts and distributes traffic between arterial streets.

[Amended 7-20-1994 by Ord. No. 14-94]

(3) STREET, MINOR COLLECTOR A street which conducts and distributes traffic between lower-order residential local streets and an arterial street.

[Amended 7-20-1994 by Ord. No. 14-94]

(4) STREET, LOCAL A street which is used primarily for access to the abutting properties.

(5) STREET, MARGINAL ACCESS A street which is parallel to and adjacent to an arterial street or highway and which provides access to abutting properties and protection from through traffic.

(6) STREET, MINOR See "street, local."

STRIPPING

Any activity which removes or significantly disturbs the vegetation surface cover, including clearing and grubbing operations.

STRUCTURE

A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land or water, including but not limited to building, paving, dams, levees, bulkheads, dikes, jetties, embankments, wharves, piers, docks, landings, obstructions, pipelines, causeways, culverts, roads, railroads, bridges and the facilities of any authority, utility, municipality, county, state or other governmental agency.

SUBDIVISION

The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created: divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairperson to be for agricultural purposes where all resulting parcels are five acres or larger in size; divisions of property by testamentary or intestate provisions; divisions of property upon court order, including but not limited to judgments of foreclosure; consolidation of existing lots by deed or other recorded instrument; and the conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the Administrative Officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map or Atlas of the municipality. The term "subdivision" shall also include the term "resubdivision."

[Amended 2-13-1980 by Ord. No. 4-80]

SUBDIVISION COMMITTEE

A committee of at least three Planning Board members appointed by the Chairperson of the Board for the purpose of reviewing subdivisions and site plans in accordance with the provisions of this chapter.

SUBSTANTIAL IMPROVEMENT

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 1/2 of the market value of the structure either prior to the start of repair or, if the structure has been damaged, prior to the damage. "Substantial improvement" shall include any and all alterations, whether or not they affect the exterior dimensions. Excluded herefrom are any improvements of a structure to correct any state or local health, sanitary or safety code violations solely necessary to assure safe living conditions or alterations of structures listed in a state or national register of historic places.

[Added 5-27-1981 by Ord. No. 20-81]

SUPPLEMENTARY APARTMENT

A dwelling unit contained within an existing, single-family detached structure and which meets the requirements of a supplementary apartment as set forth in Chapter 95, Zoning.

[Added 2-22-1984 by Ord. No. 2-84]

SURFACE WATER

Water on land surface.

TEMPORARY PROTECTION

Stabilization of erosive or sediment-producing areas.

TOPSOIL

The surface soil and soil material to a depth of six inches tillage, its equivalent in cultivated soil or the original or present "A" horizon plus "B" horizon if in the top six inches, as defined by the National Cooperative Soil Survey of the United States Department of Agriculture, before its removal or displacement for any purposes whatsoever during the course of land development or improvement; topsoil shall be capable of supporting vegetation indigenous to the area.

TOWNHOUSE

A building designed for or occupied by no more than one family or household and attached to other similar buildings or structures by party walls extending from the foundation to the roof and providing two direct means of access from the outside and provided with separate cooking, sleeping and sanitary facilities and separate facilities for electric service, heating facilities and gas service. For the purpose of this chapter, "townhouse" may include a building in fee simple, condominium or cooperative ownership or any combination thereof.

TOWNHOUSES, STACKED

A building or structure consisting of segments that:

[Added 9-13-2018 by Ord. No. 24-18]

(1) Have the appearance from the exterior of conventional townhouses but unlike conventional townhouses may have portions of dwelling units underneath, above or to the side of other dwelling units; and

(2) Are designed for or occupied by no more than two families or households, and

(3) Are attached to other similar segments by party walls extending from the foundation to the roof.

TRACT

An area of land composed of one or more lots having sufficient dimension and area to make one development meeting the requirements of this chapter for the use(s) intended. It may include environmentally sensitive lands.

[Added 12-28-1983 by Ord. No. 42-83]

TRAILER

A vehicle used for living or sleeping purposes and standing on wheels or on rigid supports. No trailer may be used as a residence in any zone of the Township of Morris.

USE

The specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.

VARIANCE

Permission to depart from the literal requirements of Chapter 95, Zoning, and this chapter.

VEGETATION PROTECTION

Stabilization of erosive or sediment-producing areas by covering the soil with permanent seeding, producing long-term vegetation cover; short-term seeding, producing temporary vegetation cover, or mulching; or sodding, producing areas covered with a turf of perennial sod-farming grass.

VEHICULAR SALES AREA

An open area, other than a right-of-way or public parking area, used for display, sale or rental of new or used vehicles in operable condition and where no repair work is done.

WATER BODY

Any natural or artificial collection of water, whether permanent or temporary.

WATER-CARRYING CAPACITY

Ability of a channel or floodway to transport flow as determined by its shape, cross-sectional area, bed slope and coefficient of hydraulic friction.

WATERCOURSE

Any natural or artificial watercourse, stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel, bed and banks, and shall include any area adjacent thereto subject to inundation by reason of overflow or floodwater.

WIRELESS TELECOMMUNICATIONS ANTENNA (WT ANTENNA)

Any antenna designed and/or used to transmit or receive wireless telecommunications as part of any wireless telecommunications service. The term "WT antenna" shall include all structures used to mount the antenna to a building, tower or other structure.

[Added 3-5-2003 by Ord. No. 2-03]

WIRELESS TELECOMMUNICATIONS COMPOUND (WT COMPOUND)

An enclosed area containing wireless telecommunications facilities.

[Added 3-5-2003 by Ord. No. 2-03]

WIRELESS TELECOMMUNICATIONS EQUIPMENT (WT EQUIPMENT)

Any transmitters, power sources or other equipment used to facilitate the transmitting and/or receiving of wireless telecommunications as part of any wireless telecommunications service; provided, however, that "WT equipment" shall not include WT antennas, WT towers, hardwire connections between WT antennas and WT equipment or wireless telecommunications handsets.

[Added 3-5-2003 by Ord. No. 2-03]

WIRELESS TELECOMMUNICATIONS FACILITIES (WT FACILITIES)

Facilities designed and/or used to provide any wireless telecommunications service or house any wireless telecommunications equipment. "WT facilities" shall include, but not be limited to, WT antennas, WT towers, WT equipment and the buildings and/or structures which house such equipment.

[Added 3-5-2003 by Ord. No. 2-03]

WIRELESS TELECOMMUNICATIONS SERVICE PROVIDER (WT SERVICE PROVIDER)

Any individual, corporation or other entity having legal existence which holds a valid FCC license authorizing the providing of wireless telecommunications services within the Township of Morris.

[Added 3-5-2003 by Ord. No. 2-03]

WIRELESS TELECOMMUNICATIONS SERVICES (WT SERVICES)

Any "personal wireless services" as defined in Section 704 of the Telecommunications Act of 1996, as that term may hereafter be interpreted and/or amended from time to time. "WT services" shall not include amateur radio transmission or reception facilities owned and operated by a federally licensed amateur radio station operator.

WIRELESS TELECOMMUNICATIONS TOWER (WT TOWER)

A vertical freestanding structure, other than a building, mounted on the ground and designed and/or used to support one or more WT antennas.

[Added 3-5-2003 by Ord. No. 2-03]

YARD

An open space which lies between the principal or accessory building or buildings and the nearest lot line, unoccupied and unobstructed from the ground upward, except as permitted in this chapter or Chapter 95, Zoning.

(1) YARD, MINIMUM FRONT An open space extending the full width of the lot, measured from and at right angles to the front lot line, unoccupied and unobstructed from the ground upward, except as may be specified elsewhere in this chapter or Chapter 95, Zoning.

(2) YARD, MINIMUM REAR A yard extending across the full width of the lot measured from and at right angles to the rear lot line, unoccupied and unobstructed from the ground upward, except as may be specified elsewhere in this chapter or Chapter 95, Zoning. Parking shall be permitted in all rear yards only in accordance with the regulations and standards set forth in this chapter and Chapter 95, Zoning.

(3) YARD, MINIMUM SIDE An open, unoccupied space measured from and at right angles to the side lot line of the lot and extending from the minimum front yard to the minimum rear yard, except as may be specified elsewhere in this chapter or Chapter 95, Zoning. Parking shall be permitted in all side yards in accordance with the regulations and standards of this chapter and Chapter 95, Zoning.

ZONING PERMIT

A document signed by the Zoning Officer which is required by this chapter or Chapter 95, Zoning, 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 which acknowledges that such use, structure or building complies with the provisions of Chapter 95, Zoning, this chapter or variance therefrom duly authorized pursuant to statute and/or ordinance.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[3] Editor's Note: Illustrations A, B and C are included as attachments to this chapter.

[4] Editor's Note: The original definitions of "CCRC," "CCRC cottage," "CCRC multi-unit building" and "CCRC resident," which immediately followed this definition, were repealed 6-17-2009 by Ord. No. 10-09.

[5] Editor's Note: The original definition of "completed application," which immediately followed this definition, added 2-13-1980 by Ord. No. 4-80, was repealed 7-11-1984 by Ord. No. 28-84.

[6] Editor's Note: The original definitions of "continuing care" and "continuing care retirement community," which immediately followed this definition, were repealed 6-17-2009 by Ord. No. 10-09.

[7] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[8] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

[9] Editor's Note: The original definition of "division," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[10] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[11] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[12] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[13] Editor's Note: This ordinance also repealed the original definition of "floor area."

[14] Editor's Note: The original definition of "home occupation," which immediately followed this definition, was repealed 4-19-1995 by Ord. No. 9-95.

[15] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[16] Editor's Note: The original definition of "minor site plan," which immediately followed this definition, added 2-13-1980 by Ord. No. 4-80, was repealed 4-2-1997 by Ord. No. 9-97.

[17] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[18] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

[19] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).