For the purpose of this chapter, certain terms are
defined as follows:
ABANDONED OR DISCONTINUED SIGN OR SIGN STRUCTURE
A sign or sign structure whose owner has failed to operate
or maintain said sign or sign structure for a period of six months
or longer. The following conditions shall be considered as the failure
to operate or maintain a sign or sign structure:
[Added 5-14-2008 by Ord. No. 963-08]
(1)
A sign displaying advertising for a product
or service which is no longer available or displaying advertising
for a business which is no longer licensed; or
ACCESSORY BUILDING
A subordinate building or structure on the same lot with
a principal building, or a portion of the principal building, occupied
or devoted exclusively to an accessory use. Where an accessory building
or structure is attached to a principal building, such accessory building
or structure shall be considered part of the principal building.
[Amended 6-28-2000 by Ord. No. 723-00]
ACCESSORY USE
A use naturally and normally incident and subordinate to
the principal use of the premises or lot.
ACTIVITY
Any development for which an application for development
is necessary.
[Added 4-10-2002 by Ord. No. 771-02; amended 4-9-2003 by Ord. No. 811-03]
ADULT BOOKSTORE
Any business having as a predominant part of its stock-in-trade
books, magazines, photographs, pictures, films, devices, newspapers,
recordings, periodicals or any other item or paraphernalia devoted
to the presentation or exploitation of parts of the anatomy, human
or animal, in an obscene manner or for obscene purposes.
ADULT MOTION-PICTURE STUDIO
The business of showing or presenting to one or more persons
material depicting sexual acts or parts of the anatomy of humans or
animals in an obscene manner or for obscene purposes.
ADVERTISING
Sign copy intended to aid, directly or indirectly, in the
sale, use or promotion of a product, commodity, service, activity,
entertainment, or real or personal property.
[Added 5-14-2008 by Ord. No. 963-08]
AGRICULTURAL LAND
Land used for growing crops, raising or breeding dairy, poultry
or other livestock, truck gardening, wood lots, nursery or greenhouse
or other agricultural or horticultural purposes. Agricultural land
shall also include open or wooded areas, ponds, brooks, meadows, swamps
and land used for hunting, trapping, wild game preserves and noncommercial
recreational purposes.
AGRICULTURAL PRODUCE SIGN
A sign whose function is exclusively for advertising for
the normal, incidental and customary sale of products, produce or
livestock raised on the premises.
[Added 5-14-2008 by Ord. No. 963-08]
ALTERATION OF BUILDING
A change in the supporting members of a building, an addition
to or diminution of a building, a conversion of a building or a part
thereof, the removal of a building from one location to another or
a change in use.
AMBULATORY CARE FACILITY
A human health care facility or a distinct part of a human
health care facility in which preventative, diagnostic, and treatment
services are provided to persons who come to the facility to receive
services and depart from the facility on the same day, provided the
facility is not a hospital and/or does not provide inpatient care.
[Added 4-27-2016 by Ord.
No. 1084-16]
ANIMATED SIGN
A sign which includes action, motion, or color changes, or
the optical illusion of action, motion, or color changes, including
signs set in motion by movement of the atmosphere, or made up of a
series of sections that turn.
[Added 5-14-2008 by Ord. No. 963-08]
APARTMENT
A dwelling unit, located in a building containing two or
more similar units and adjoining said similar units above, below or
to the side, and which may share with said similar units common facilities,
such as entryways, hallways and utility systems.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, residential
cluster, conditional use or zoning variance.
APPROVING AUTHORITY
The Planning Board of the municipality, unless a different
agency is designated by ordinance when acting pursuant to the authority
of this chapter.
[Added 5-14-2008 by Ord. No. 963-08]
ARTWORK
A two- or three-dimensional representation of a creative
idea that is expressed in a form and manner as to provide aesthetic
enjoyment for the viewer rather than to specifically convey the name
of the business or a commercial message about the products or services
offered on the property upon which the artwork is displayed.
[Added 5-14-2008 by Ord. No. 963-08]
ASSISTED LIVING RESIDENCE
A facility that is licensed by the State of New Jersey pursuant
to N.J.S.A. 26:2H-1 et seq. that provides apartment-style housing,
congregate dining and assisted living services to residents when needed.
Each apartment within the residence shall have, at a minimum, one
unfurnished room, a private bathroom, a kitchenette, and a lockable
door on the dwelling entrance. Apartments shall be single-, double-
or triple-occupancy. Residents shall be adult persons unrelated to
the proprietor.
[Added 12-8-1999 by Ord. No. 705-99; amended 4-27-2016 by Ord. No. 1084-16]
AWNING SIGN
See "canopy sign."
[Added 5-14-2008 by Ord. No. 963-08]
BANDIT SIGN
See "snipe sign."
[Added 5-14-2008 by Ord. No. 963-08]
BANK
The inclined sides of the channel.
[Added 4-10-2002 by Ord. No. 771-02; amended 4-9-2003 by Ord. No. 811-03]
BANNER
Any sign or string of one or more signs, usually made of
cloth or other lightweight material, which is used to attract attention,
whether or not imprinted with words or characters, including but not
limited to balloons and pennants. Flags shall not be considered banners.
[Added 5-14-2008 by Ord. No. 963-08]
BASEMENT
A portion of the building partly underground, but having
less than 1/2 of its clear height below the average grade of
the adjoining ground. (See "cellar.")
BEACON
A stationary or revolving light which flashes or projects
illumination, single color or multicolored, in any manner which has
the effect of attracting or diverting attention, except, however,
this term does not include any kind of lighting device which is required
or necessary under the safety regulations of the Federal Aviation
Administration or other similar agency. This definition does apply
to any similar type of lighting device contained entirely within a
structure and which does not project light to the exterior of the
structure.
[Added 5-14-2008 by Ord. No. 963-08]
BED
The floor of the channel.
[Added 4-10-2002 by Ord. No. 771-02; amended 4-9-2003 by Ord. No. 811-03]
BED-AND-BREAKFAST
A single dwelling structure licensed by the State of New
Jersey occupied by the resident owner and family or occupied by a
resident manager in which bedrooms are rented and a morning meal provided
to transient and temporary lodgers on a daily basis for compensation.
[Added 7-18-2007 by Ord. No. 932-07]
BILLBOARD
A sign structure and/or sign utilized for advertising an
establishment, an activity, a product, service or entertainment which
is sold, produced, manufactured, available or furnished at a place
other than on the property on which said sign structure and/or sign
is located.
[Added 5-14-2008 by Ord. No. 963-08]
BLOCK
An area of land surrounded by streets.
BOARDER or ROOMER
A person not a member of a family, as defined in this chapter,
who pays for the privilege of lodging.
BUILDING
A structure having a roof supported by columns, walls or
similar structural parts, used or intended to be used for the housing,
enclosure or shelter of persons, animals or property of any kind.
BUILDING COVERAGE
That portion of a lot covered by the main or first floor
of a building or buildings.
BUILDING FRONTAGE
For the purposes of the sign regulations set forth in §
165-109 of this Code only, means the length of the single face of a building or that portion of a building occupied by a single office, business or enterprise, commonly referred to as "storefront," which is abutting a street, parking area, or other means of customer access such as an arcade, a mall or a walkway. The building frontage for a side facade shall be the length of the single face of a side of a building or that portion of a side of a building occupied by a single office, business or enterprise.
[Added 5-14-2008 by Ord. No. 963-08]
BUILDING LINE
A line parallel to a street right-of-way at a point where
the building is closest to said right-of-way.
CAFETERIA
A restaurant in which hot and cold food for consumption on
site is displayed on counters and patrons serve themselves.
[Added 5-27-1993 by Ord. No. 516-93]
CALIPER
American Association of Nurserymen standard for trunk measurement
of nursery stock. Caliper of the trunk shall be taken six inches above
the ground for and up to and including four-inch caliper size, and
12 inches above the ground for larger sizes.
[Added 2-14-2001 by Ord. No. 740-01]
CANNABIS CULTIVATOR
Any person or entity holding a Class 1 Cannabis Cultivator
license issued by the State of New Jersey that grows, cultivates,
or produces cannabis in the State of New Jersey, and sells, and may
transport, this cannabis to other cannabis cultivators, or usable
cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis
retailers, but not to consumers.
[Added 5-12-2021 by Ord. No. 1150-2021]
CANNABIS DELIVERY
The transportation of cannabis items and related supplies
to a consumer. "Cannabis delivery" also includes the use by a licensed
cannabis retailer of any third-party technology platform to receive,
process, and fulfill orders by consumers, which third party shall
not be required to be a licensed cannabis establishment, distributor,
or delivery service, provided that any physical acts in connection
with fulfilling the order and delivery shall be accomplished by a
certified cannabis handler performing work for or on behalf of the
licensed cannabis retailer, which includes a certified cannabis handler
employed or otherwise working on behalf of a cannabis delivery service
making off -premises deliveries of consumer purchases fulfilled by
that cannabis retailer.
[Added 5-12-2021 by Ord. No. 1150-2021]
CANNABIS DELIVERY SERVICE
Any person or entity holding a Class 6 Cannabis Delivery
license issued by the State of New Jersey that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment is delivered
to that consumer.
[Added 5-12-2021 by Ord. No. 1150-2021]
CANNABIS DISTRIBUTOR
Any person or entity holding a Class 4 Cannabis Distributor
license issued by the State of New Jersey that transports cannabis
in bulk intrastate from one licensed cannabis cultivator to another
licensed cannabis cultivator, or transports 40 cannabis items in bulk
intrastate from any one class of licensed cannabis establishment to
another class of licensed cannabis establishment, and may engage in
the temporary storage of cannabis or cannabis items as necessary to
carry out transportation activities.
[Added 5-12-2021 by Ord. No. 1150-2021]
CANNABIS ESTABLISHMENT
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
[Added 5-12-2021 by Ord. No. 1150-2021]
CANNABIS MANUFACTURER
Any person or entity holding a Class 2 Cannabis Manufacturer
license issued by the State of New Jersey, that processes cannabis
items in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
[Added 5-12-2021 by Ord. No. 1150-2021]
CANNABIS RETAILER
Any person or entity holding a Class 5 Cannabis license issued
by the State of New Jersey that purchases or otherwise obtains usable
cannabis from cannabis cultivators and cannabis items from cannabis
manufacturers or cannabis wholesalers, and sells these to consumers
from a retail store, and may use a cannabis delivery service or a
certified cannabis handler for the off-premises delivery of cannabis
items and related supplies to consumers. A cannabis retailer shall
also accept consumer purchases to be fulfilled from its retail store
that are presented by a cannabis delivery service which will be delivered
by the cannabis delivery service to that consumer.
[Added 5-12-2021 by Ord. No. 1150-2021]
CANNABIS WHOLESALER
Any person or entity holding a Class 3 Cannabis Wholesaler
license issued by the State of New Jersey that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers.
[Added 5-12-2021 by Ord. No. 1150-2021]
CANOPY SIGN
Any sign that is a part of or attached to an awning or canopy,
i.e., a fabric, plastic, or structural protective cover constructed
over a door, entrance, window, or outdoor service area that is constructed
as an integral part of a building.
[Added 5-14-2008 by Ord. No. 963-08]
CAPITAL IMPROVEMENT
A governmental acquisition of real property or a major construction
project.
CELLAR
A portion of the building partly underground, having 1/2
or more than 1/2 of its clear height below the average grade
of the adjoining ground. (See "basement.")
CEMETERY
Property used for the interring of the dead.
CENTER LINE OF STREET OR ROAD
A line midway between and parallel to the two street or road
property lines, unless otherwise established by filed map, deed or
similar legal record.
CHANGE IN USE
The use of a building or land which is in any manner different
from the previous use by way of function, operation, extent, products
sold or manufactured and the like, including a change from one permitted
use to another kind of permitted use in the same zone, as well as
any change in activity which changes, alters or enlarges the previous
use or which will change, alter, enlarge or affect drainage, traffic,
parking, sidewalks, paving, landscaping, fencing, sanitary disposal
or other similar considerations under the site plan review requirements.
CHILD-CARE CENTERS
Any facility which is maintained for the care, development,
and supervision of six or more children who attend the facility for
less than 12 hours a day and which offers such programs as child-care
centers, day-care centers, drop-in centers, day nursery schools, play
schools, cooperative child centers, centers for children with special
needs, infant-toddler programs, employment-related centers, and/or
kindergartens that are not an integral part of a private educational
institution or system offering elementary education in grades kindergarten
through sixth. A child-care center shall not offer programs operated
by a public or private day school of elementary and/or high school
grade, special activity programs for children, youth camps, and/or
religious classes or centers. Child-care centers shall have a license
from the Department of Human Services pursuant to P.L. 1983, c. 492
(N.J.S.A. 30:5B-1 et seq.).
[Added 5-27-1993 by Ord. No. 516-93]
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 transhipment points.
CLEARING
Any intentional or negligent act to cut down, remove all
or a substantial part of, or damage a tree or other vegetation that
will cause the tree or other vegetation to decline and/or die. Such
acts shall include but not be limited to damage inflicted upon the
root system of the vegetation by the application of toxic substances,
by the operation of equipment and vehicles, by storage of materials,
by the change of natural grade due to excavation or filling, or by
the alteration of natural physical conditions.
[Added 2-14-2001 by Ord. No. 740-01]
CLUB
A facility where a group of persons who share a common association
gather for the purpose of conducting activities related to such an
association. A club may be a not-for-profit or for-profit entity.
A private club is used exclusively by members and their guests. A
public club may have members, but may also be used by persons who
do not maintain membership or are not associated with members.
[Amended 4-27-2016 by Ord. No. 1084-16]
CLUSTERED BUILDING
One of a group of buildings positioned in the landscape to
create outdoor courtyards (with open or closed corners) that minimize
land coverage and create welcoming spaces in proportion to the human
scale.
[Added 4-10-2002 by Ord. No. 772-02; amended 4-9-2003 by Ord. No. 812-03]
COLUMBARIUM
A permanent building or structure used for the storage of
cinerary urns (urns containing cremated human remains), which are
usually placed in niches.
[Added 8-20-2008 by Ord. No. 968-08]
COMMERCIAL MESSAGE
Any sign wording, logo, or other representation or image
that directly or indirectly names, advertises, or calls attention
to a product, service, sale or sales event or other commercial activity.
[Added 5-14-2008 by Ord. No. 963-08]
COMMON FACILITIES
Includes but is not limited to facilities for the common
use of two or more dwelling units, such as roads, sidewalks, swimming
pools, playgrounds, trees, greens, fairways and parking areas.
COMMON OPEN SPACE
An open space area within or related to a site designated
as a development, 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.
CONDITIONAL USE
A use permitted in a particular zone 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.
CONFERENCE CENTER
A facility or facilities intended for business, executive
or professional conferences, conventions and seminars.
CONSTRUCTION SIGN
A temporary on-premise sign identifying the ongoing construction
activity during the time that a building permit is active and prior
to completion of the work for which the permit was issued, containing
sign copy that is limited to the ongoing construction activity and
identifying the contractor and/or any subcontractor engaged to perform
construction activity on the site.
[Added 5-14-2008 by Ord. No. 963-08]
COPY
The linguistic or graphic content of a sign.
[Added 5-14-2008 by Ord. No. 963-08]
CORNER LOT
A lot at the junction of, and having frontage on, two or
more intersecting streets.
CRITICAL ROOT ZONE
A region measured outward from a tree trunk representing
the essential area of the roots that must be maintained or protected
for the tree's survival. At a minimum, the area shall be shown as
a circular area around the tree trunk extending 1.5 feet of radial
distance for every inch of tree DBH, with a minimum of eight feet.
For trees over 24 inches DBH, a probe shall be used in the field to
determine the extent of the root zone.
[Added 2-14-2001 by Ord. No. 740-01]
CUTOFF LIGHT FIXTURE
A light fixture with cutoff optics that allows no direct
light emissions above a vertical cutoff angle of 80º above nadir
(straight down at perfect vertical), through the light fixture's lowest
light-emitting part when the mounting height is 16 feet or less. Any
structural part of the light fixture providing this cutoff angle must
be permanently affixed.
[Added 4-26-2000 by Ord. No. 718-00]
DBH (diameter at breast height)
Tree trunk diameter measured at a height of 4.5 feet above
the ground. If a tree splits into multiple trunks below 4.5 feet,
the trunk is measured at its most narrow point beneath the split.
[Added 2-14-2001 by Ord. No. 740-01]
DEAD-END STREET or CUL-DE-SAC
Any street or combination of streets having only one outlet
or connection to a street having more than one outlet or means of
access.
DENSITY
The permitted number of dwelling units per gross area of
land to be developed.
[Added 7-23-1984 by Ord. No. 245-84]
DEPTH OF MEASUREMENT, MAXIMUM
A distance, as specified in this chapter, measured from and
parallel to a street right-of-way, within which the required minimum
lot size must be measured.
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,
or the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure and any
use or change in the use of any building or other structure or land,
or the extension of use of land, for which permission may be required
pursuant to this chapter.
DEVELOPMENT REGULATION
A zoning, subdivision, site plan, Official Map or other regulation
of the use and development of land, or amendment thereto, adopted
and filed pursuant to P.L. 1975, c. 291, (N.J.S.A. 40:55D-1 et seq.)
DIRECT GLARE SOURCE
Any direct glare source visible above a height of five feet
at the subject property line.
[Added 4-26-2000 by Ord. No. 718-00]
DIRECTIONAL SIGN
A noncommercial on-site sign providing direction or information
to pedestrian or vehicular traffic that is related or reasonably necessary
to the movement of pedestrian or vehicular traffic on the premises,
and not displaying a commercial message (e.g., "entrance," "exit,"
"caution," "no parking," "one way only," "no trespassing," and the
like).
[Added 5-14-2008 by Ord. No. 963-08]
DISH ANTENNA (SATELLITE EARTH STATION)
A dish-shaped antenna designed to receive television broadcasts
relayed by microwave signals from earth-orbiting communications satellites.
[Added 2-24-1986 by Ord. No. 282-86]
DISTRIBUTION CENTER/FACILITY
Building or facility where goods or products are received
and/or stored for delivery to another location for purchase or consumption.
[Added 10-28-2020 by Ord. No. 1142-2020]
DIVISION
The Division of State and Regional Planning in the Department
of Community Affairs.
DOUBLE-FACED SIGN
A single sign with copy on both sides of the sign and mounted
as a single structure.
[Added 5-14-2008 by Ord. No. 963-08]
DRAINAGE RIGHT-OF-WAY
The lands required 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 therein to safeguard the public against flood damage, in accordance with Chapter
1 of Title 58 of the New Jersey Statutes Annotated, and including lands intended as flood control basins.
DRIPLINE
A perpendicular line that extends downward from the outermost
tips of the tree branches to the ground.
[Added 6-13-2007 by Ord. No. 923-07]
DWELLING or DWELLING UNIT
A room or series of connecting rooms designed for permanent
residency and containing living, cooking, sleeping and sanitary facilities
for one housekeeping unit. The dwelling unit shall be self-contained
and shall not require passing through another dwelling unit or other
indirect route(s) to get to any portion of the dwelling unit nor shall
there be shared facilities with another housekeeping unit.
[Amended 9-28-2022 by Ord. No. 1175-2022]
DWELLING, ONE-FAMILY
A building physically detached from other buildings and containing
one dwelling unit.
DWELLING, ZERO LOT LINE
A detached dwelling located on the side or rear lot line,
or both.
[Added 10-22-1990 by Ord. No. 436-90]
EFFECTIVE LAND AREA
The area of the lot after first reducing the total area by
portions of land subject to certain constraints as provided in the
following schedule:
Constraint
|
Percentage of Area of Constraint by which
Lot Area Is To Be Reduced
|
---|
Bodies of water
|
100
|
Flood areas1
|
100
|
Wetlands2
|
100
|
Slopes 15% to 25%3
|
50
|
Slopes 25% to 35%3
|
75
|
Slopes 35% and greater3
|
100
|
1DEP or other equally
reliable source.
|
2Verification by
the NJDEP.
|
3Calculated within
two-foot contour intervals from aerial topography or survey by a New
Jersey licensed land surveyor. [Added 5-27-1993 by Ord. No. 516-93]
|
ELECTION SIGN
A temporary sign erected or displayed for the purpose of
expressing support for or opposition to a candidate or stating a position
regarding an issue upon which the voters of the Township shall vote.
[Added 5-14-2008 by Ord. No. 963-08]
ENVIRONMENTAL IMPACT STATEMENT (EIS)
A written report, including appropriate maps and exhibits,
describing a proposed development and assessing the environmental
and ecological impacts of the development in order to alert the Township
and the developer to potential risks and dangers.
ERECT
To construct, build, raise, assemble, place, affix, attach,
create, paint, draw, or in any other way bring into being or establish;
but it does not include any of the foregoing activities when performed
as an incident to the change of advertising message or customary maintenance
or repair of a sign.
[Added 5-14-2008 by Ord. No. 963-08]
FACADE
The side of a building that faces a public or private street.
[Added 5-14-2008 by Ord. No. 963-08]
FAMILY
A person or number of persons occupying a dwelling unit as
a single housekeeping unit, who are living together as a stable and
permanent living unit, being a traditional family unit or the functional
equivalency thereof.
[Amended 7-26-1995 by Ord. No. 588-95]
FAMILY DAY-CARE HOME
Any private residence approved by the Division of Youth and
Family Services or an organization with which the Division contracts
for family day care in which child-care services are regularly provided
to no less than three and no more than five children for no less than
15 hours per week. A child being cared for under the following circumstances
is not included in the total number of children receiving child-care
services:
(1)
The child being cared for is legally related
to the provider; or
(2)
The child is being cared for as part of a cooperative
agreement between parents for the care of their children by one or
more of the parents, where no payment for the care is being provided.
[Added 5-27-1993 by Ord. No. 516-93]
FARM
A parcel of land comprised of five or more acres, exclusive
of a minimum of one acre used for a dwelling, having a gross income
exceeding $500 per year acquired from the produce thereon. Said five
or more acres shall be devoted to either the production for sale or
consumption by the owner of plants and animals generally accepted
as useful to man, including but not limited to forages and crops;
dairy animals and dairy products; poultry and poultry products; livestock,
including beef cattle, sheep, horses, ponies, mules, dairy cattle
or goats and including the breeding and grazing of any or all such
animals; bees and apiary products; furbearing animals; and trees and
forest products, including the processing and sale of these products
on the property where produced. Land shall be deemed a "farm" when
devoted to the production for sale of fruits of all kinds, including
grapes; nuts and berries; vegetables; and nursery, floral, ornamental
and greenhouse products, including the processing and sale of these
products on the property where produced.
FENCE
An artificially constructed barrier of wood, masonry, wire,
metal or any other combination of materials to enclose, screen, or
separate areas. A berm, or earthen berm, shall not be considered a
fence under this definition.
[Added 11-25-2008 by Ord. No. 973-08]
FINAL APPROVAL
The official action of the Planning Board taken on a preliminarily
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for their completion, or approval conditioned upon the posting
of such guaranties.
FINAL PLAT
The map or maps of a subdivision application for which final
approval is sought pursuant to this chapter.
FLAG
Any fabric or bunting containing distinct colors, patterns
or symbols, used as an ornamental flag or as a symbol of government,
political subdivision, corporation or business or other entity. (See
also "ornamental flag.")
[Added 5-14-2008 by Ord. No. 963-08]
FLAGPOLE
A pole on which to raise a flag.
[Added 5-14-2008 by Ord. No. 963-08]
FLASHING SIGN
A sign which permits light to be turned on or off intermittently
more frequently than once per minute or any illuminated sign on which
such illumination is not kept stationary or constant in intensity
and color at all times when such sign is in use, including an LED
(light emitting diode) or digital sign, and changes more frequently
than once per minute.
[Added 5-14-2008 by Ord. No. 963-08]
FLOOR AREA
The area of a floor computed by measuring the dimensions
of the outside walls in a building or dwelling unit, excluding attic,
basement, and cellar floors, porches, patios, terraces, breezeways,
carports, verandas, garages, atria, galleries, indoor mechanical installations,
interior parking and loading spaces, and guard houses, provided that
such excluded areas are not utilized for work or storage space in
nonresidential buildings.
[Amended 5-27-1993 by Ord. No. 516-93]
FLOOR AREA RATIO
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
[Added 7-23-1984 by Ord. No. 245-84]
FOOTCANDLE (fc)
A unit of illuminance on a surface one-foot square in area
onto which there is a uniform flux of one lumen.
[Added 4-26-2000 by Ord. No. 718-00]
FOOTLAMBERT (fL)
A unit of luminance of a surface reflecting or emitting light
at the rate of one lumen per square foot. The average luminance of
any reflecting surface in footlamberts is the product of the illuminance
in footcandles striking the surface times the reflectance of the surface.
[Added 4-26-2000 by Ord. No. 718-00]
FOREST
A naturally growing or managed (for timber production) area
of a minimum of 1/8 acre in size that has at least 100 trees per acre
with at least 50% of those trees having a two-inch or greater diameter
at 4.5 feet above ground.
[Added 2-14-2001 by Ord. No. 740-01; amended 6-13-2007 by Ord. No. 923-07]
FREE EXPRESSION SIGN
A sign, not in excess of four square feet in size (area)
per side and whose top is not more than three feet off the ground,
communicating information or views on matters of public policy, or
public concern or containing any other noncommercial message, that
is otherwise lawful.
[Added 5-14-2008 by Ord. No. 963-08]
FREESTANDING SIGN
A sign supported by structures or supports that are placed
on or anchored in the ground or at ground level and which are independent
of any building or other structure.
[Added 5-14-2008 by Ord. No. 963-08]
FRONTAGE
The length of the property line of a parcel of land, which
runs parallel with and along a road right-of-way or street, exclusive
of alleyways.
[Added 5-14-2008 by Ord. No. 963-08]
FUTURE DEVELOPMENT SIGN
A sign that functions to advertise the future or proposed
development of the premises upon which the sign is erected.
[Added 5-14-2008 by Ord. No. 963-08]
GARAGE OR YARD SALE SIGN (GARAGE-YARD SALE SIGN)
Any on-site temporary sign pertaining to the sale of personal
property in, at or upon any residentially zoned property located in
the Township. Garage or yard sales shall include but not be limited
to all such sales, and shall include the advertising of the holding
of any such sale, or the offering to make any sale, whether made under
any name such as garage sale, lawn sale, yard sale, front yard sale,
back yard sale, home sale, attic sale, rummage sale, patio sale, flea
market sale, or any similar designation.
[Added 5-14-2008 by Ord. No. 963-08]
GARAGE, PRIVATE
A detached accessory building or portion of the main building
used for the storage of motor vehicles.
GARAGE, PUBLIC
Any building, premises or land in which or upon which a business,
service or industry involving the maintenance, washing or servicing
and storage in connection therewith of motor vehicles is conducted
or rendered, but not including motor vehicle service stations, as
defined herein.
GENERAL TERMS AND CONDITIONS
The conditions under which preliminary approval is granted, including plat and plan details in Article
VIII, on-tract improvements in Article
IX, off-tract improvements in Article
X and design standards in Article
XI.
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 4-26-2000 by Ord. No. 718-00]
GOLDEN RECTANGLE
A rectangle with the classic ratio of 1:2 that is based upon
human proportions and has been used as a regulating shape to create
well proportioned architecture. In its wide or tall form, it is used
at both small and large scales to identify desirable proportions for
window panes, windows and building facades.
[Added 4-10-2002 by Ord. No. 772-02; amended 4-9-2003 by Ord. No. 812-03]
HABITABLE ROOM
A room or enclosed floor space arranged for living, sleeping
and eating purposes.
HEDGEROW
A landscape feature typically found along property boundaries
in rural areas. Hedgerows are characterized by a mix of native vegetation
and successional plant material arranged in a linear fashion.
[Added 2-14-2001 by Ord. No. 740-01]
HEIGHT OF BUILDING
The vertical distance measured from the average ground elevation
of the finished grade around the building to the level of the highest
point of the roof surface. Average elevation shall be the average
of the highest and lowest elevations along the finished grade around
the building.
[Amended 6-14-2006 and 9-13-2006 by Ord. No. 908-06; 4-27-2016 by Ord. No. 1084-16]
HISTORICAL TREE
A tree which has been found by a professional forester, horticulturalist
or other professional plantsman to be of notable historic interest
to the Township because of its age, type, size or historic association
and has been so designated and the designation has been officially
made and promulgated as part of the official records of the Township,
county or state.
[Added 6-13-2007 by Ord. No. 923-07]
HOSPITAL
A facility that is licensed by the State of New Jersey pursuant
to N.J.S.A. 26:2H-1 et seq. that provides human health care services,
such as medical care or surgery, and including inpatient care. Hospitals
may include related facilities, such as laboratories, outpatient facilities,
dietary facilities, training facilities, and offices. Hospitals are
not permitted uses in the Township.
[Added 4-27-2016 by Ord.
No. 1084-16]
HOTEL
A building containing hotel units, each having its only access
from an interior corridor, which building has a public lobby and full-time
management serving the guests, and which may contain ancillary services
and facilities, such as restaurants, shops and boutiques, recreation
facilities, meeting rooms and conference and convention facilities
which shall be accessible from the interior of the building.
HOTEL UNIT
A room or suite of rooms in a hotel designed and intended
to be used as overnight sleeping accommodations for transient guests.
IESNA
Illuminating Engineering Society of North America. An organization
that recommends standards for the lighting industry.
[Added 4-26-2000 by Ord. No. 718-00]
ILLEGAL SIGN
Any sign which was unlawfully erected or which has been determined to be in violation of any provision of §
165-109 of the Clinton Township Land Use Regulations.
[Added 5-14-2008 by Ord. No. 963-08]
ILLUMINATED SIGN
Any sign or portion thereof which is illuminated by artificial
light, either from an interior or exterior source, including outline,
reflective or phosphorescent light, whether or not the source of light
is directly affixed as part of the sign.
[Added 5-14-2008 by Ord. No. 963-08]
IMPERVIOUS SURFACES
Buildings, structures, pavement and other materials which
reduce the natural absorption of stormwater into previously undeveloped
land by more than 15%.
INCIDENTAL SIGN
A sign not exceeding one square foot in size attached to
a freestanding sign or affixed to a wall that either:
[Added 5-14-2008 by Ord. No. 963-08]
(1)
Identifies credit cards accepted by the owner,
tenant, or occupant of the parcel where the incidental sign is located;
or
(2)
Provides an official notice of services required
by law or trade affiliation.
INTERESTED PARTY
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey; and in 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 Township, whose
right to use, acquire or enjoy property is or may be affected by any
action taken under this chapter or whose rights to use, acquire or
enjoy property under this chapter or under any other law of the State
of New Jersey or of the United States have been denied, violated or
infringed upon by an action or a failure to act under this chapter.
INTERMITTENT SIGN
A sign which permits light to be turned on or off intermittently
more frequently than once every 12 hours or which is operated in a
way whereby light is turned on or off intermittently more frequently
than once every 12 hours, including any illuminated sign on which
such illumination is not kept stationary or constant in intensity
and color at all times when such sign is in use, including an LED
(light emitting diode) or digital sign, and which varies in intensity
or color more frequently than once every 12 hours.
[Added 5-14-2008 by Ord. No. 963-08]
INVASIVE PLANT MATERIAL
A plant that has the ability to thrive and spread outside
its natural range, often displacing native vegetation and disrupting
habitats over time.
[Added 6-13-2007 by Ord. No. 923-07]
LAND DISTURBANCE
Any activity involving the clearing, grading, transporting,
filling or excavation of land which causes land to be exposed to the
danger of erosion, except for normal farming practices executed for
the purposes of farming.
[Added 6-13-2007 by Ord. No. 923-07]
LANDSCAPE ISLAND
An area surrounded by asphalt or other hard surface in an
area intended for vehicular movement that consists of plants and/or
other landscape design elements.
[Added 6-13-2007 by Ord. No. 923-07]
LIGHT TRESPASS
Any form of artificial illuminance emanating from a light fixture or illuminated sign that penetrates other property and creates a nuisance, as specified in §
165-74C.
[Added 4-26-2000 by Ord. No. 718-00]
LOADING SPACE
An off-street accommodation for the parking of a commercial
vehicle during the process of transferring articles, materials, goods
or merchandise between the vehicle and a building.
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.
LOT AREA
The total square footage included within lot lines.
LOT AVERAGING
A residential development option that allows a range of minimum
lot areas, provided that the maximum density for the parcel is not
exceeded.
[Added 5-27-1993 by Ord. No. 516-93]
LOT DEPTH
The distance between the front and rear property lines of
a lot measured perpendicular to the lot width.
LOT LINE
A line of record bounding a lot which divides one lot from
another or from a public or private street.
[Added 11-24-1986 by Ord. No. 312-86]
LOT LINE, FRONT
The lot line separating a lot from a street right-of-way
and common with the right-of-way line.
[Added 11-24-1986 by Ord. No. 312-86]
LOT LINE, REAR
The lot line lying opposite or generally opposite and parallel
to the front lot line and connecting the side lot lines, or, if there
is no rear line, such as in the case of a triangular or otherwise
irregularly shaped lot, a line 10 feet in length, entirely within
the lot, parallel to and at a maximum distance from the front lot
line.
[Added 11-24-1986 by Ord No. 312-86]
LOT LINE, SIDE
Any lot line other than a front or rear lot line.
[Added 11-24-1986 by Ord. No. 312-86]
LOT WIDTH
The distance between the side lines of a lot measured parallel
to the street right-of-way.
LOW INCOME
Total gross household income equal to 50% or less of the
median household income for households of the same size and using
the median income data for household size prepared by the United States
Department of Housing and Urban Development (HUD) or equally reliable
source for the region which includes Clinton Township.
[Added 12-14-1987 by Ord. No. 352-87]
MAINTENANCE GUARANTY
Any security, other than cash, which may be accepted by the
Township for the maintenance of any improvements required by this
chapter.
MARGINAL ACCESS STREETS
Streets which are parallel to and adjacent to arterial streets
and highways and which provide access to abutting properties and protection
from through traffic.
MASSAGE PARLOR
A business which provides the services of massage and body
manipulations, including exercise, heat and light treatments of the
body and all forms and methods of physical therapy, unless operated
by a medical practitioner or professional physical therapist licensed
by the State of New Jersey. Excluded from this definition, however,
are barber or beauty shops, wherein a massage may be given to the
scalp, face, neck or shoulders.
MASTER PLAN
A composite of one or more written or graphic proposals for
the development of the municipality as set forth in and adopted pursuant
to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
MAUSOLEUM
A permanent structure or building used for the entombment
of human remains in crypts, vaults or niches. This includes a columbarium.
[Amended 8-20-2008 by Ord. No. 968-08]
MAUSOLEUM, FAMILY
A mausoleum or columbarium having less than 10 crypts or
niches.
[Amended 8-20-2008 by Ord. No. 968-08]
MEDICAL OFFICE
One or more rooms or groups of rooms, each used primarily
for conducting the business of a licensed health care professional(s)
who is engaged in private practice that is not an ambulatory care
facility or hospital.
[Added 4-27-2016 by Ord.
No. 1084-16]
MINOR SITE PLAN
A conventional site plan not involving any new building,
any addition to an existing building or any physical on-site improvements.
MINOR SUBDIVISION
The division of a tract of land into not more than two separate
lots or parcels, including any remaining area, wherein both lots or
parcels front on an existing street as defined in this chapter, which
street is improved sufficiently to meet all requirements of Article
5 of P.L. 1975, c. 291, so that a building permit can be issued to
construct a building on each lot, such division not involving 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.
MODERATE INCOME
Total gross household income between 50% and 80% of the median
household income for households of the same size using the median
income data for household size prepared by the United States Department
of Housing and Urban Development (HUD) or equally reliable source
for the region which includes Clinton Township.
[Added 12-14-1987 by Ord. No. 352-87]
MOTEL
A building or a group of buildings containing motel units,
each unit having direct access to the outside of the building, which
may, but need not, have access to an interior hallway or lobby, said
building or buildings having full-time management and which may contain
restaurants and recreation facilities primarily intended to serve
transient guests of the motel.
MOTEL UNIT
A room or suite of rooms in a motel, designed and intended
to be used as overnight sleeping accommodations for transient guests.
MOTOR VEHICLE FILLING STATION
A building or premises used for the sale of petroleum products
and convenience goods.
[Added 5-27-1993 by Ord. No. 516-93]
MOTOR VEHICLE SERVICE STATION
A building or premises in which or upon which is conducted
a business involving the retail sale and direct delivery to motor
vehicles of gasoline and lubricating oil, regardless of any other
business on the premises, which business may or may not include facilities
for lubricating, washing or otherwise servicing motor vehicles, but
not including facilities for body repair work or painting.
MULCH, PLANT BEDS
A covering of shredded hardwood, bark and/or other acceptable
protective ground covering generated from renewable resources, spread
over the soil to prevent excessive evaporation, erosion and/or weed
germination. Dyed mulch is prohibited within the landscape. Aggregate
type soil coverings need to be approved by the Municipal Landscape
Architect.
[Added 6-13-2007 by Ord. No. 923-07]
MULCH, SEED STABILIZATION
Plant residue or other suitable materials applied to the
soil surface to conserve moisture, prevent erosion and aid in seed
germination. Examples of such material include, but are not limited
to, straw, hydro-mulch and mulch seed accelerators.
[Added 6-13-2007 by Ord. No. 923-07]
MUNICIPAL AGENCY
The Planning Board, the Board of Adjustment or the Township
Council of the Township of Clinton.
MUSEUM
Premises used for the exhibition of objects of cultural,
historical or scientific interest, and which may include the collection
or preservation of such objects, for the recreation or cultural education
of the public.
[Added 10-28-2020 by Ord. No. 1142-2020]
NATIVE PLANT MATERIAL
A plant occurring naturally in an area and not introduced
by man; indigenous.
[Added 6-13-2007 by Ord. No. 923-07]
NONCONFORMING BUILDING
A structure, the size, dimension or location of which was
lawful prior to adoption 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.
NONCONFORMING LOT
A lot of record existing at the date of the passage of this
chapter, which does not conform to the regulations of this chapter
for the zone in which it is located.
NONCONFORMING SIGN
A sign that was lawfully erected but no longer conforms to the regulations provided in §
165-109 of the Clinton Township Land Use Regulations.
[Added 5-14-2008 by Ord. No. 963-08]
NONCONFORMING USE
A use or activity lawfully existing as of the effective date
of this chapter, but which fails to conform to the requirements of
the zoning district in which it is located.
NURSING HOME
A facility that is licensed by the State of New Jersey pursuant
to N.J.S.A. 26:2H-1 et seq. for those in need of intensive and on-going
medical and nursing assistance. A nursing home provides twenty-four-hour-per-day
skilled nursing, personal care, pharmacy, dining, activities, housekeeping,
recreation, social work and transportation services to its residents.
[Amended 4-27-2016 by Ord. No. 1084-16]
OBSCENE
That which to the average person, applying contemporary community
standards, when considered as a whole, is patently offensive in the
description or representation of sexual matters or has, as its dominant
theme or purpose, an appeal to the prurient interest.
OFFICE
One or more rooms or groups of rooms, each used primarily
for conducting the affairs of a business, profession, service, industry
or government, but not including manufacturing, assembly or productions
of goods on the premises, banks or the sale of goods or products from
the premises, except for accessory sales and banking services intended
primarily as a convenience to office personnel and office visitors.
OFFICIAL MAP
A map adopted by ordinance of the governing body pursuant
to Article 5 of P.L. 1975, c. 291, showing the location and width of streets and drainage
rights-of-way and the location and extent of public parks and playgrounds,
whether existing or proposed.
OFF-PREMISES SIGN or OFF-SITE SIGN
Any sign relating in its subject matter to commodities, accommodations,
services or activities on a premises other than the premises on which
the sign is located.
[Added 5-14-2008 by Ord. No. 963-08]
OFF-TRACT IMPROVEMENT
An improvement which is not located on the property which
is the subject of an application for development nor on a contiguous
portion of a street or right-of-way, and includes any of the following:
(1)
All improvements of the types required for on-tract
installation where the need for the providing of such improvements
off-tract is, in whole or in part, made necessary by the proposed
application of the applicant and where the making of such improvements
will confer a benefit upon the applicant's lands which are the subject
of the application.
(2)
Any improvement or facility, the installation
of which is required in the public interest, and the public need for
which would not arise but for the improvement of the lands which are
the subject of the applicant's application, and the installation of
which would confer a benefit upon the applicant's lands which are
the subject of application. In addition to improvements of this type
referred to above, improvements required to maintain a safe flow of
vehicular and pedestrian traffic are specifically declared to be necessary
in the public interest.
(3)
Installation of new improvements and extensions
and modifications of existing improvements.
ONE-HUNDRED-YEAR FLOOD LINE
The line which is formed by following the outside boundaries
of the area inundated by a one-hundred-year flood. A one-hundred-year
flood is estimated to have one-percent chance or one chance in 100
of being equaled or exceeded in any one year. The one-hundred-year
flood line shall be determined by reference to N.J.A.C 7:13-2.3 and
7:13-2.4.
[Added 4-10-2002 by Ord. No. 771-02; amended 4-9-2003 by Ord. No. 811-03]
ON-PREMISES SIGN or ON-SITE SIGN
Any sign relating in its subject matter to the commodities,
accommodations, service or activities on the premises on which the
sign is located.
[Added 5-14-2008 by Ord. No. 963-08]
ON-SITE
Located on the lot in question.
OPEN SPACE
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space. "Open space" shall
include the term "common open space" as herein defined. For the purpose
of determining the limits of open space area, it shall include any
area exclusive of buildings, paved surfaces, public rights-of-way
and areas serving individual dwelling units or intended for the use
of occupants of individual dwelling units, but inclusive of clubhouses,
tennis courts, swimming pools and similar recreation facilities, along
with accessory parking facilities.
[Amended 5-27-1993 by Ord. No. 516-93]
ORNAMENTAL FLAG
Any fabric or similar material containing patterns, drawings
or symbols used for decorative purposes and designed to be flown as
a flag.
[Added 5-14-2008 by Ord. No. 963-08]
ORNAMENTAL TREE
A tree grown for its ornamental qualities.
[Added 6-13-2007 by Ord. No. 923-07]
OUTDOOR ENCLOSED LIGHT FIXTURE
An electrically powered illuminating device which is either
temporarily or permanently installed outdoors, including but not limited
to devices used to illuminate any site, architectural structure or
sign. The face of lamp must be recessed within the enclosure, and
any glass/plastic protective or diffusing device cannot extend beyond
that enclosure.
[Added 4-26-2000 by Ord. No. 718-00]
OWNER
Any individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be subdivided or developed to commence and maintain proceedings
to subdivide or develop the same under this chapter.
PARAPET
A false front or wall extension above the roofline of a building.
[Added 5-14-2008 by Ord. No. 963-08]
PARKING AREA
An open area, other than a street or other public way, used
for the parking of motor vehicles and available for public use, whether
for a fee or as a service or privilege for clients, customers, suppliers
or residents.
PARKING SPACE
An accommodation for the off-street parking of a motor vehicle,
having an area, exclusive of access drives and aisles, as specified
in this chapter and having adequate provision for ingress and egress.
PENNANT
Any series of small flag-like or streamer-like pieces of
cloth, plastic, paper or similar material attached in a row to any
staff, cord, building, or at only one or two edges, the remainder
hanging loosely.
[Added 5-14-2008 by Ord. No. 963-08]
PERFORMANCE GUARANTY
A security which may be accepted in lieu of a requirement
that certain improvements be made before the Planning Board or other
municipal agency approves a subdivision plat or site plan.
PERMANENT SIGN
Any sign which, when installed, is intended for permanent
use. For the purposes of this section any sign with an intended use
in excess of 12 months from the date of installation shall be deemed
a permanent sign.
[Added 5-14-2008 by Ord. No. 963-08]
PHYSIOGRAPHIC PROVINCE
A landform region delineated according to similar terrain
that has been shaped by a common geologic history.
[Added 6-13-2007 by Ord. No. 923-07]
PLANNED DEVELOPMENT
Planned unit development, planned unit residential development,
residential cluster, planned commercial development, or planned industrial
development.
[Amended 10-10-1991 by Ord. No. 464-91]
PLANNED NONRESIDENTIAL DEVELOPMENT
An area with a minimum contiguous acreage of 50 acres or
more to be developed according to a plan as a single entity, containing
one or more structures with appurtenant common areas to accommodate
nonresidential uses as may be permitted by the zoning regulations.
PLANNED UNIT DEVELOPMENT (PUD)
An area with a minimum contiguous acreage of 50 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 may be specified in the zoning regulations.
PLANNED UNIT RESIDENTIAL DEVELOPMENT
An area with a minimum contiguous acreage of 25 acres or
more in the AH-1, AH-2, or AH-3 Districts to be developed as a single
entity according to a plan containing one or more residential clusters,
which may include appropriate commercial, public, or quasi-public
uses all primarily for the benefit of the residential development.
[Added 10-10-1991 by Ord. No. 464-91]
PLAT
The map or maps of a subdivision.
PORTABLE SIGN
Any sign, banner, or poster that is not permanently attached
to the ground or structure. For purposes of this chapter, an inflatable
sign shall be considered a portable sign.
[Added 5-14-2008 by Ord. No. 963-08]
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to §
165-46D 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.
PRELIMINARY PLAT OR SITE PLAN
The preliminary map indicating the proposed layout of a subdivision
or site plan, which is submitted to the Clerk of the Planning Board
for consideration and preliminary approval.
PROJECTING SIGN
Any sign affixed perpendicularly to a building or wall in
such a manner that its leading edge extends more than 12 inches beyond
the surface of such building or wall.
[Added 5-14-2008 by Ord. No. 963-08]
PUBLIC VIEW
Visible from a public thoroughfare, public lands or buildings
or navigable waterways.
[Added 8-12-1998 by Ord. No. 665-98]
QUORUM
The majority of the full authorized membership of a municipal
agency.
REAL ESTATE SIGN
A sign advertising the sale, rental or lease of the premises
or part of the premises on which the sign is displayed temporarily.
[Added 5-14-2008 by Ord. No. 963-08]
REFORESTATION
The reestablishment of a biological community dominated by
trees and other woody plants containing at least 100 trees per acre
with at least 50% of those trees having a two-inch or greater diameter
at 4.5 feet above the ground, within seven years.
[Added 2-14-2001 by Ord. No. 740-01]
RESIDENTIAL CAMPS AND CONFERENCE CENTER
Facilities consisting of tents, cabins, and other shelters
used as temporary living quarters, and ancillary structures, primarily
designed for recreation, education or vacation purposes for children
or adults or both.
[Added 5-27-1993 by Ord. No. 516-93]
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 HEALTH CARE FACILITY
A facility that is licensed by the State of New Jersey pursuant
to N.J.S.A. 26:2H-1 et seq. that provides health maintenance and monitoring
under the direction of a professional nurse, and also provides residents
with a home-like atmosphere in a supervised communal housing arrangement
that encourages independence for as long as possible.
[Added 4-27-2016 by Ord.
No. 1084-16]
RESTAURANT, FAST-FOOD
A business in which food and drink is served inside the building
to patrons from counters for consumption either inside or outside
the building, but not including facilities for serving food and drink
to patrons in automobiles except as drive-through facilities.
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 which is exempt
from subdivision.
RIDING ACADEMY OR STABLE
Any establishment where horses are kept for riding, driving
or stabling for compensation or incidental to the operation of any
club, association, ranch or similar establishment.
ROOF SIGN
Any sign erected and constructed wholly on or over the roof
of a building, which is supported by the roof structure, or any sign
that extends in whole or in part above the roofline of a building.
For purposes of this definition, "roofline" shall mean the highest
continuous horizontal line of a roof. On a sloping roof, the roofline
is the principal eave or the highest line common to one or more principal
eaves of a roof. On a flat roof, the roofline is the highest continuous
line of a roof or parapet, whichever is higher.
[Added 5-14-2008 by Ord. No. 963-08]
SAFETY SIGN
See "warning sign."
[Added 5-14-2008 by Ord. No. 963-08]
SANDWICH BOARD SIGN
A temporary portable double-faced, freestanding sign.
[Added 5-14-2008 by Ord. No. 963-08]
SEARCH AREA
That geographic area (which may or may not extend beyond
municipal boundary lines) within which additional wireless telecommunications
facilities are required to provide reliable and adequate coverage
consistent with the licensing requirements of the Federal Communications
Commission (FCC).
[Added 8-12-1998 by Ord. No. 665-98]
SECONDARY BUILDING FACADE
A building facade which is not the primary entrance facade
and is not the building facade which faces the street.
[Added 4-10-2002 by Ord. No. 772-02; amended 4-9-2003 by Ord. No. 812-03]
SEEDLING
An unbranched woody plant, less than 24 inches in height
and having a diameter of less than one-half-inch caliper measured
at two inches above the root collar.
[Added 2-14-2001 by Ord. No. 740-01]
SELF-SERVICE STORAGE FACILITY
A structure containing separate, individual, or private storage
spaces of varying sizes leased or rented on individual leases for
varying periods of time. Such a use and/or facility is not permitted
in any zoning district in Clinton Township.
[Added 9-12-2007 by Ord. No. 935-07]
SENIOR CITIZEN HOUSING
A building or buildings containing one or more dwelling units
restricted by deed or other instrument to occupancy of each dwelling
unit by a person or persons in any one of the following categories:
up to two individuals, both of whom are 62 years of age or older;
or a man and a wife, either one of whom is 62 years of age or older.
[Added 12-14-1987 by Ord. No. 352-87]
SETBACKS
The required yard or distance between buildings and property
lines.
SEWAGE TREATMENT PLANT
A facility designed to process and treat sewage from existing
or proposed development.
[Added 3-25-1993 by Ord. No. 509-93]
SHOP, RENTAL
A building or part thereof in which or from which a service
is rendered directly to the public.
SIDEWALK SALE
Occasional, temporary display of retail merchandise or services
offered for sale on the exterior of, but on the same property as,
a permanent building which houses such sales or services. Sidewalk
sales may include a temporary structure, such as a canopy or tent.
[Added 4-13-2011 by Ord. No. 1023-11]
SIGHT TRIANGLE
A triangular-shaped portion of land established at street
intersections or street and driveway intersections in which nothing
is erected or allowed to grow in such a manner as to limit or obstruct
the sight distance of motorists entering or leaving the intersection.
In the absence of any other applicable standard:
[Added 5-14-2008 by Ord. No. 963-08]
(1)
For street intersections, this triangle is created
by establishing points 30 feet from the point of intersection of each
of two intersecting right-of-way lines and connecting these two points
with a straight line to form a triangle; and
(2)
For driveway intersections, this triangle is
created by establishing points 10 feet from the point of intersection
of a right-of-way line and the line established by driveway edge and
connecting those two points with a straight line to form a triangle.
SIGN
Any device, fixture, placard or structure which uses color,
form, graphics, illumination, architectural style or design with text,
or writing to advertise, attract attention, announce the purpose of
or identify the purpose of any person or entity, or to communicate
information of any kind to the public. The term sign includes sign
structure. The following shall not be considered signs subject to
the regulations of this chapter: artwork, holiday or seasonal decorations,
cemetery markers, machinery or equipment signs, memorial signs or
tablets.
[Added 5-14-2008 by Ord. No. 963-08]
SIGN AREA
The total area, as measured in square feet, of a sign surface,
including all parts thereof devoted to the background, computed by
bounding the exterior of the sign structure or surface with a series
of straight or curved lines tangent thereto. The area of a sign painted
directly on a wall or awning and signs with letters attached directly
to walls or awnings shall be calculated by constructing an imaginary
series of straight lines or lines formed, bounded or characterized
by curves around the outside of all elements of the sign.
[Added 5-14-2008 by Ord. No. 963-08]
SIGN FACE
The part of the sign that is or can be used to identify,
display, advertise, communicate information, or for the visual representation,
which attracts or intends to attract the attention of the public for
any purpose.
[Added 5-14-2008 by Ord. No. 963-08]
SIGN HEIGHT
The vertical distance measured from ground level nearest
the base of the sign to the highest point on the sign.
[Added 5-14-2008 by Ord. No. 963-08]
SIGN MAINTENANCE
Replacing, repairing or repainting of a portion of a sign
structure, or periodically changing changeable copy or renewing copy,
which has been made unusable by ordinary wear.
[Added 5-14-2008 by Ord. No. 963-08]
SIGN STRUCTURE
Any structure which is designed specifically for the purpose
of supporting a sign, which has supports or which is capable of supporting
a sign. The definition shall include any decorative covers, braces,
wires, supports, or other components attached to or placed around
the sign structure.
[Added 5-14-2008 by Ord. No. 963-08]
SINGLE OWNERSHIP
Ownership by one person or by two or more persons jointly,
as joint tenants, tenants by the entirety or tenants in common, of
a separate parcel of real property not adjacent to land in the same
ownership.
SITE PLAN
A development plan of one or more lots on which is shown:
(1)
The existing and proposed conditions of the
lot, including but not necessarily limited to topography, vegetation,
drainage, floodplains, marshes and waterways.
(2)
The location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting
and screening devices.
(3)
Any other information that may be reasonably
required in order to make an informed determination pursuant to this
chapter.
SKY GLOW
Luminance in the atmosphere caused by dust, water vapor,
and other particles that reflect and scatter any stray lighting that
is reflected or emitted into the atmosphere.
[Added 4-26-2000 by Ord. No. 718-00]
SNIPE SIGN (BANDIT SIGN)
Any sign tacked, nailed, posted, pasted, glued or otherwise
attached to trees, rocks, or other natural features, or poles, stakes,
or fences with the message appearing thereon not applicable to the
present use of the premises upon which the sign is located. This shall
not include warning signs such as no trespassing signs or no hunting
signs.
[Added 5-14-2008 by Ord. No. 963-08]
SOLAR ENERGY SYSTEM
An energy system which converts solar energy to usable thermal,
mechanical, chemical or electrical energy through the use of a solar
panel or solar panel array and associated equipment.
[Added 7-8-2009 by Ord. No. 986-09]
SOLAR PANEL
A photovoltaic panel, or hot air or water panel collector
device, which relies upon solar radiation as an energy source for
the generation of electricity or transfer of stored heat.
[Added 7-8-2009 by Ord. No. 986-09]
SOLAR PANEL ARRAY
A collection of multiple solar panels mounted or arranged
together, providing energy to the same primary user, as part of a
solar energy system.
[Added 7-8-2009 by Ord. No. 986-09]
SPECIAL EVENT SIGN
A sign, regardless of its content, providing notice of or
direction to an event, gathering, assembly or meeting that is open
to the public at large.
[Added 5-14-2008 by Ord. No. 963-08]
STATUTORY SIGN
A sign required by any statute or regulation of the State
of New Jersey or the United States.
[Added 5-14-2008 by Ord. No. 963-08]
STORY
That portion of a building included between the surface of
any floor and the surface of the next floor above it, or if there
is no floor above it, then the space between any floor and the ceiling
next above it.
STORY, HALF
A portion of a building situated above a story where the
walls meet a sloping roof, having a maximum average height of five
feet.
STREAM CORRIDOR
The bed and banks of a stream that confine and conduct continuously
or intermittently flowing water (also referred to as the "stream channel").
Flow paths with a total contributory drainage area less than 50 acres
must have definable bed and banks to be included in a stream corridor.
"Stream corridor" also includes all of the land within the one-hundred-year
flood line on either side of that portion of the designated stream
or tributary and all of the land within a one-hundred-foot wide buffer
around the one-hundred-year flood line on either side of that portion
of the designated stream or tributary. If there is no one-hundred-year
flood line delineated, the one-hundred-foot buffer shall be measured
outward from top of the bank of the stream channel. In cases where
slopes greater than 15% abut the outer boundary of the stream corridor,
the area of such slopes shall also be included within the stream corridor.
[Added 4-10-2002 by Ord. No. 771-02; amended 4-9-2003 by Ord. No. 811-03]
STREET
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county or municipal
roadway, or a street or way shown upon a plat heretofore approved
pursuant to law or approved by official action, or a street or way
on a plat duly filed and recorded in the office of the county recording
officer prior to the appointment of a Planning Board and the grant
to such Board of the power to review plats, and includes the land
between the street lines, whether improved or unimproved, and may
comprise pavement, shoulders, gutters, sidewalks, parking areas and
other areas within the street lines.
STREET ADDRESS SIGN
Any sign denoting the street address of the premises on which
it is attached or located.
[Added 5-14-2008 by Ord. No. 963-08]
STREET LINE
The right-of-way of a street as indicated by public usage,
dedication or deed of record.
STRUCTURE
A combination of materials forming a construction for occupancy,
use, or ornamentation whether installed on, above, or below the surface
of a parcel of land.
[Amended 8-20-2008 by Ord. No. 969-08]
SUBDIVIDER
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself
or for another.
SUBDIVISION
(1)
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.
(2)
The following shall not be considered subdivisions
within the meaning of this chapter, if no new streets are created:
(a)
Divisions of land found by the Planning Board,
or Subdivision Committee thereof appointed by the Chairman, to be
for agricultural purposes where all resulting parcels are five acres
or larger in size.
(b)
Divisions of property by testamentary or intestate
provisions.
(c)
Division of property upon court order, including
but not limited to judgments or foreclosure.
(d)
Consolidation of existing lots by deed or other
recorded instrument.
(e)
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.
(3)
The term "subdivision" shall also include the
term "resubdivision."
SUBDIVISION AND SITE PLAN COMMITTEE
A committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of classifying subdivisions
in accordance with the provisions of this chapter and reviewing subdivisions
and site plans and performing such other duties relating to land subdivision
and site plans as may be conferred on this Committee by the Board.
SUBSTANTIALLY DAMAGED OR DESTROYED
As it pertains to a nonconforming sign:
[Added 5-14-2008 by Ord. No. 963-08]
(1)
Fifty percent or more of the upright supports
of a sign structure are physically damaged such that normal repair
practices of the sign industry would call for, in the case of wooden
structures, replacement of the broken supports and, in the case of
a metal sign structure, replacement of at least 25% of the length
above ground of each broken, bent, or twisted support; or
(2)
That more than fifty 50% of a wall or attached
sign is physically damaged such that normal repair practices of the
sign industry would call for the same to be replaced or repaired.
TEMPORARY SIGN
A sign intended for a use not permanent in nature. For the
purposes of this chapter, a sign with an intended use of one year
or less shall be deemed a temporary sign.
[Added 5-14-2008 by Ord. No. 963-08]
TOWNHOUSE
A single family dwelling attached by a common wall between
it and the adjacent unit or units extending from the basement to the
roof, together with individual front and rear entrances and yards
designed as an integral part of each unit.
TRAFFIC CONTROL DEVICE SIGN
Any sign located within the right-of-way that functions as
a traffic control device and that is described and identified in the
Manual on Uniform Traffic Control Devices (MUTCD) and approved by
the Federal Highway Administrator as the national standard. A traffic
control device sign includes those signs that are classified and defined
by their function as regulatory signs (that give notice of traffic
laws or regulations), warning signs (that give notice of a situation
that might not readily be apparent), and guide signs (that show route
designations, directions, distances, services, points of interest,
and other geographical, recreational, or cultural information).
[Added 5-14-2008 by Ord. No. 963-08]
TRANSCRIPT
A typed or printed verbatim record of the proceedings or
reproduction thereof.
TRANSPLANT
The digging up and relocation of existing plant material
to a new planting location.
[Added 6-13-2007 by Ord. No. 923-07]
TREE
A large, woody plant having one or several self-supporting
stems or trunks and numerous branches that reach a height of at least
20 feet at maturity.
[Added 2-14-2001 by Ord. No. 740-01]
UNDERSTORY TREE
Plant material often massed and seldom isolated that grows
in the shade of an emergent or forest canopy. For the purposes of
this chapter, the plant material is generally used for buffers and
reforestation plantings and generally not adjacent to pedestrian or
vehicular use areas and not necessarily used for ornamental purposes.
[Added 6-13-2007 by Ord. No. 923-07]
VARIANCE
Permission to depart from the literal requirements of a zoning
regulation.
VEHICLE SIGN
Any sign or signs where the total sign area covers more than
10 square feet of the vehicle.
[Added 5-14-2008 by Ord. No. 963-08]
WALL SIGN
A sign, which is painted on, fastened to, or erected against
the wall of a building with its face in a parallel plane with the
plane of the building facade or wall, that does not extend above the
height of the vertical wall or eaves, which is used for advertising.
[Added 5-14-2008 by Ord. No. 963-08]
WAREHOUSE
A building or facility in which goods, supplies, equipment,
materials and merchandise are stored, where no physical change in
such articles takes place and where such articles are not otherwise
used on the premises, which use is typically characterized by frequent
heavy trucking activity.
[Added 10-28-2020 by Ord. No. 1142-2020]
WARNING SIGN or SAFETY SIGN
A sign that functions to provide a warning of a dangerous
condition or situation that might not be readily apparent or that
poses a threat of serious injury (e.g., gas line, high voltage, condemned
building, etc.) or that functions to provide a warning of a violation
of law (e.g., no trespassing, no hunting allowed, etc.).
[Added 5-14-2008 by Ord. No. 963-08]
WHIP
An unbranched woody plant greater than 24 inches in height
and having a diameter of less than one-inch caliper measured at two
inches above the root collar.
[Added 2-14-2001 by Ord. No. 740-01]
WINDOW SIGN
Any sign mounted in any fashion on the interior or exterior
of the surface of a window.
[Added 5-14-2008 by Ord. No. 963-08]
WIND SIGN
A sign which uses objects or material fastened in such a
manner as to move upon being subjected to pressure by wind, and shall
include banners, pennants, ribbons, spinners, streamers or captive
balloons; however, the term wind sign shall not include flags.
[Added 5-14-2008 by Ord. No. 963-08]
WIRELESS TELECOMMUNICATIONS ANTENNAS
Antennas that transmit or receive radio frequency signals,
digital signals, analog signals or electromagnetic waves directly
from and/or to wireless telephones, paging devices and/or other personal
wireless telecommunication devices.
[Added 8-12-1998 by Ord. No. 665-98; amended 3-24-2004 by Ord. No. 845-04]
WIRELESS TELECOMMUNICATIONS STRUCTURES, ANTENNAS, EQUIPMENT
AND/OR TOWERS
Buildings and/or structures and equipment for the delivery of wireless telecommunications except for satellite dish antennas, which shall be regulated under §
165-130 of this chapter. For purposes of this definition, wireless telecommunications structures, antennas, equipment and/or towers may be collectively referred to herein as "wireless telecommunications facilities." This definition shall not include any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
[Added 8-12-1998 by Ord. No. 665-98]
YARDS
(1)
FRONT YARDAn open unoccupied space, unless occupied by a use as hereinafter specifically permitted, extending across the full width of the lot and lying between the street right-of-way and the nearest point of the principal building.
(2)
SIDE YARDAn open space unoccupied except by a use as hereinafter specifically permitted, extending from the front yard to the rear yard of a lot and lying between the side lot line and the nearest point of the principal structure on the lot.
(3)
REAR YARDAn open space, unoccupied except by a use as hereinafter specifically permitted, extending across the full width of the lot and lying between the rear lot line and the nearest point of the principal building. (See definition of "rear lot line.")
[Amended 11-24-1986 by Ord. No. 312-86]