A.
The purpose of this chapter is to establish a pattern
for the use of land and buildings in the Township of Washington based
on the Master Plan for the Township of Washington and enacted in order
to promote and to protect the public health, safety, morals and the
general welfare of the people. It is enacted pursuant to the Municipal
Land Use Law (N.J.S.A. 40:55D-1 et seq.) in order to promote the public
health, safety, morals and general welfare.
B.
This chapter is intended to:
(1)
Regulate the use of land within zoning districts;
secure safety from fire, flood, panic and other natural and man-made
disasters.
(2)
Provide adequate light, air and open space.
(3)
Limit and restrict buildings and structures to specified
districts and regulate buildings and structures according to their
type and the nature and extent of their use and regulate the nature
and extent of the use of land for trade, industry, resident, open
space or other purposes.
(4)
Regulate the bulk, height, number of stories and size
of buildings and other structures and the percentage of lot or development
area that may be occupied by structures, lot sizes and dimensions.
(5)
Avoid a conflict with the development and general
welfare of neighboring municipalities and the county and the state
as a whole.
(6)
Promote the establishment of appropriate population
densities and concentrations that will contribute to the well-being
of persons, neighborhoods, communities and regions and the preservation
of the environment.
(7)
Provide sufficient space in appropriate locations
for agricultural, residential, recreational, commercial and industrial
uses and open space.
(8)
Encourage the location and design of transportation
routes which will promote the free flow of traffic while discouraging
the location of such facilities and routes which result in congestion
or blight.
(9)
Promote a desirable visual environment.
(10)
Promote the conservation of open space and valuable
natural resources.
(11)
Prevent urban sprawl and degradation of the
environment through improper use of land.
A.
Word usage. Words used in the present tense include
the future; words used in the singular number include the plural number
and vice versa. The word "used" shall include "arranged, designed,
constructed, altered, converted, rented, leased or intended to be
used;" the word "lot" includes the word "plot," "premises" and "tract;"
the word "building" includes the word "structure" or "dwelling" or
"residence;" and the word "shall" is mandatory and not discretionary.
Any word or term not defined herein shall be used with a meaning of
standard usage, except that if the word is, however, defined in the
Municipal Land Use Law, it shall have the meaning ascribed to it by
that law.
[Amended 9-19-1995 by Ord. No. 95-31]
B.
ABANDONMENT OF STRUCTURE OR USE
ACCESSORY BUILDING, STRUCTURE OR USE
ACCESSORY DWELLING UNIT
ACCESSWAY
AGRICULTURAL USE
ALTERATIONS OR ADDITIONS, STRUCTURAL
APARTMENT
APPROVING AUTHORITY
ASSISTED LIVING
BASEMENT
BILLBOARD
BUILDING
BUILDING COVERAGE
BUILDING HEIGHT
CAMPING VEHICLE
(1)
(2)
(3)
CANDELA (cd)
CLUSTER SINGLE-FAMILY RESIDENTIAL DEVELOPMENT
COAH
CODE
COMMON PROPERTY
COMMUNITY CENTER
COMMUNITY GARDEN
CONFERENCE CENTER
DWELLING, DETACHED
DWELLING UNIT
EDUCATIONAL FACILITY
EDUCATIONAL READING CENTERS
FARM
(1)
(2)
FARMERS MARKET
FIRST-FLOOR AREA
FIXTURE
FLOODLIGHT
FLOODPLAIN
FLOOR AREA
FLOOR AREA RATIO
FOOTCANDLE
FOOT-LAMBERT (fl)
GARDEN APARTMENT
GLARE
GOLF COURSE
GROSS FLOOR AREA
HABITABLE FLOOR AREA
HID LAMP
HIGH-PRESSURE SODIUM (HAS) LAMP
HOME PROFESSIONAL OCCUPATION
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(a)
(b)
(c)
HOMEOWNERS' ASSOCIATION
HOTEL
HOUSEKEEPING UNIT
IESNA
IMPERVIOUS COVERAGE
INCANDESCENT LAMP
INDUSTRIAL PARK
INN
INTENSITY
KENNEL, COMMERCIAL
KENNEL, NONCOMMERCIAL
LAMP LUMEN DEPRECIATION (LLD)
LARGE WIND ENERGY SYSTEM
LIGHT LOSS FACTORS (LLF)
LIGHT POLLUTION
LIGHT SOURCE
LIGHT TRESPASS
LOADING SPACE
LOT
LOT AREA
LOT, CORNER
LOT DEPTH
LOT FRONTAGE
LOT, INTERIOR
LOT LINE
LOT WIDTH
LOWER INCOME HOUSEHOLD
LOWER INCOME HOUSING
LOW INCOME
LOW-PRESSURE SODIUM (LPS) LAMP
LUMEN
LUMINAIRE
LUMINAIRE DIRT DEPRECIATION (LDD)
MAINTENANCE FACTORS (MF)
MANOR HOME
MERCURY LAMP
METAL-HALIDE LAMP
MODERATE INCOME
MOTEL
MOUNTING HEIGHT
NONCONFORMING BUILDINGS OR STRUCTURES
NONCONFORMING LOT
NONCONFORMING USE
OPEN SPACE
PARKING SPACE
PERMITTED USE
PHOTOMETRY
PRIMARY DWELLING UNIT
PRINCIPAL BUILDING OR STRUCTURE
PRINCIPAL USE
PROFESSIONALLY PAINTED
PUBLIC PURPOSE USES
QUASI-PUBLIC
REGION
RENEWABLE ENERGY FACILITY (REF)
RESIDENTIAL AGRICULTURE
RESTAURANT
RESTAURANT, DRIVE-IN
ROTOR DIAMETER
SERVICE STATION
SETBACK LINE
SHIELDED (FULL CUTOFF) FIXTURE
SHOPPING CENTER
SIGN
SINGLE-FAMILY DETACHED DWELLING
SITE PLAN
SKY GLOW
SMALL WIND ENERGY SYSTEM
SOLAR ENERGY SYSTEM and SOLAR ENERGY FACILITY
SPOTLIGHT
STORIES ABOVE GRADE
STORY
STREET
STREET LINE
STRUCTURE
SWIMMING POOL, PORTABLE
SWIMMING POOL, PRIVATE RESIDENTIAL
TOWNHOUSE
TOWNSHIP
TRACT
VILLAGE HOUSE
WIND ENERGY SYSTEM
WIND GENERATOR
WIND, SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
Definitions. For the purposes of this chapter, certain
phrases and words are herein defined as follows:
The discontinuance of the use of any structure or property
under circumstances which would indicate an intent on the part of
an owner or occupier thereof to permanently discontinue the same.
[Added 6-12-1985 by Ord. No. 85-10]
A building, structure or use which is customarily associated
with and is subordinate and incidental to the principal building,
structure or use and which is located on the same lot therewith. An
accessory building attached to the principal building shall comply
in all respects with the requirements applicable to the principal
building.
A separate and subordinate dwelling unit incorporated within
or to become part of or associated with an existing single-family
dwelling unit, which dwelling also contains a primary dwelling unit,
which subordinate dwelling unit shall exist on a temporary or less
than permanent basis.
[Added 10-10-1990 by Ord. No. 90-15]
A road or drive within a development suitable for motor vehicular
travel. Such accessway may or may not be intended to become part of
a governmentally maintained system of roads.
[Added 4-9-1980]
The growing and harvesting of crops and the raising and breeding
of farm animals, including truck farms, fruit farms, produce farms,
nurseries and greenhouses, dairies and livestock, except that commercial
piggeries are prohibited, and that such use does not have any dwelling
on the lot involved.
[Added 3-17-1998 by Ord. No. 98-5]
Any change in or additions to the supporting members of a
building such as walls, columns, beams, girders, posts or piers.
One of a group of dwelling units in one building in which
two or more such units share a common hall or passageway to the outside.
The Township Land Use Board, unless a different municipal
agency is designated in the text of this chapter or has the power
of review, approval or other action, when acting pursuant to the authority
of the Municipal Land Use Law, in which case it shall be that municipal
agency.
[Added 6-12-1985 by Ord. No. 85-10 amended; 3-20-2001 by Ord. No. 01-2]
A facility which is licensed by the New Jersey State Department
of Health to provide rental housing units and communal dining where
residents are ambulatory but who are in need of assistance in one
or more activities of daily living. Personal care is provided to residents
by in-house staff in the activities of daily living, and in-house
staff is also available to respond to unscheduled needs for assistance
that might arise. Individual residential units must include, at a
minimum, an unfurnished room, a private bathroom, a kitchenette and
a lockable door on the unit entrance, and the age of its residents
shall be restricted to 62 years of age or older, except in the case
of a spouse who is married to a resident who is 62 years of age or
older.
[Added 4-19-1999 by Ord. No. 99-5]
A story having more than 25% of its clear height below average
contact grade.
Any structure or portion thereof on which lettered or pictorial
matter is displayed for advertising purposes, other than that on a
building or its grounds, giving the name and occupation of the user
of the premises, the nature of the business conducted therein or the
products primarily sold or manufactured therein.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The ratio expressed as a percentage of the square footage
or other area measurement by which all buildings occupy a lot as measured
on a horizontal plane around the periphery of the foundations (and
including the area under the roof of any structure supported by columns
or other supports, but not having walls, as measured around the outside
of the outermost extremities of the roof above the columns) to the
total area of the lot.
The vertical distance, measured at all points along the exterior
of a building or townhouse unit, from the finished grade to the top
of the highest roof beams of the building’s flat roof, or to
the mean level of the highest gable of the building’s gable
or hip roof and shall not exceed 35 feet.
[Amended 11-9-1988 by Ord. No. 88-11; 6-20-2006 by Ord. No. 2006-17; 10-17-2006 by Ord. No.
2006-29]
A self-propelled vehicular structure built as
one unit on a chassis and designed for temporary living for travel,
recreation, vacation or other short-term uses which may contain cooking,
sleeping and sanitary facilities.
A structure containing cooking and sleeping
facilities for travel, recreation, vacation or other short-term use
and designed to be attached to the body of another vehicle for transporting
from one location to another.
A portable vehicular structure built on a chassis
designed for camping, the body of which is basically rectangular with
a flat top not more than four feet above the surface of the ground.
This camping vehicle is designed to have a temporary tent erected
above the four-foot level for camping activities.
A unit of luminous intensity. One candela is one lumen per
steradian. Formerly called the candle.
[Added 10-17-2006 by Ord. No. 2006-28]
A development whose only principal uses are detached dwellings,
based on a gross dwelling unit density for the entire tract in the
zoning district in which it is located and allowing the lot sizes
for detached dwellings to be reduced or individual segments to have
higher densities so long as the gross density is not exceeded.
The Council on Affordable Housing established pursuant to
the provisions of the Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
[Added 3-8-1989 by Ord. No. 89-6]
The Code of the Township of Washington, County of Warren,
New Jersey, as amended.
[Added 3-17-1998 by Ord. No. 98-5]
A parcel or parcels of land or an area of water, or a combination
of land and water, together with the improvements thereon, and designed
and intended for the ownership, use and enjoyment shared by the residents
and owners of the development. Common property may contain such complementary
structures and improvements as are necessary and appropriate for the
benefit of the residents and owners of the development.
A building used for recreational, social, educational and
cultural activities, usually owned by a public or nonprofit group
or agency.
[Added 3-17-1998 by Ord. No. 98-5]
Common open space set aside for use by residents and owners
of the development to grow flowers and produce for personal consumption
and not for profit.
[Added 3-17-1998 by Ord. No. 98-5]
A facility used for business and professional conferences
and seminars, which may have accommodations for sleeping, eating and
recreation of a nature which is usual and customary to a conference
center and is incidental and subordinate to the operation of the center.
[Added 3-17-1998 by Ord. No. 98-5]
A building physically detached from other buildings or portions
of buildings which contains, or is intended to contain, no more than
one dwelling unit.
A room or series of connected rooms containing living, cooking,
sleeping and sanitary facilities for one housekeeping unit. The dwelling
unit shall be self-contained and shall not require the use of outside
stairs, common hallways, 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.
A building, facility or area which is used for education,
instruction or training in any branch of knowledge.
[Added 3-17-1998 by Ord. No. 98-5]
A use which is intended to permit the instruction of individuals
with literacy, comprehension, poor spelling, inadequate vocabulary
skills and other learning challenges, such as dyslexia, phoneme recognition,
phonics and neurobiological disabilities. This use may also include
assessment of student reading and communication skills and also individual
tutoring sessions where personalized instruction is needed for the
progress of the student.
[Added 11-16-2021 by Ord. No. 2021-15]
Principal uses: a lot of at least six-acre lot
area, which may contain a detached dwelling and which is used for
the growing and harvesting of crops and the raising and breeding of
certain animals, including truck farms, fruit farms, nurseries and
greenhouses, dairies and livestock produce, except that commercial
piggeries are prohibited.
Accessory uses: Buildings incidental to farms
such as tenant houses or greenhouses; buildings for housing seasonal
workers for the farm's own use; barns; packing, grading and storage
buildings limited to produce raised on the premises but not processing
operations; buildings for keeping of poultry and permitted livestock;
and garages for the keeping of equipment and trucks used in farm operations.
A market inside a building consisting of booths and stalls
which are organized to sell produce and farm products produced by
the party occupying the individual booth or stall to the general public.
[Added 3-17-1998 by Ord. No. 98-5]
The residential portion of a dwelling unit, excluding basements
and garages, measured by using the habitable floor area of the residential
portion of the building. For a split level, bilevel or trilevel dwelling,
the area shall be considered to be the sum of the areas of two adjoining
levels, excluding basements and garages, provided that both levels
are connected by permanent built-in stairs in the interior of the
building.
The assembly that holds the lamp in a lighting system. It
includes the elements designed to give light output control, such
as a reflector (mirror) or refractor (lens), the ballast, housing,
and the attachment parts.
[Added 10-17-2006 by Ord. No. 2006-28]
A fixture or lamp designed to “flood” an area
with light.
[Added 10-17-2006 by Ord. No. 2006-28]
The relatively flat terrain adjoining a water channel which
has been or may be hereafter covered by floodwater of the channel.
The sum of the gross horizontal areas of the several floors
of a dwelling, excluding garage areas and basements. Said gross horizontal
areas shall be measured from the exterior walls of the dwelling, without
deduction for hallways, stairs, closets, thickness of walls, columns
or other features.
[Added 10-10-1990 by Ord. No. 90-15]
The ratio, expressed as a percentage, of the gross floor
area, in square feet, of a building or group of buildings on a lot,
compared to the lot area, in square feet, of the lot.
[Added 11-9-1988 by Ord. No. 88-11]
A unit of measure for luminance. A unit of luminance on a
surface is everywhere one foot from a uniform point source of light
of one candle and equal to one lumen per square foot.
[Added 10-17-2006 by Ord. No. 2006-28]
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 foot-lambert is the product of the illuminance
in footcandle striking the surface times the reflectance of the surface.
[Added 10-17-2006 by Ord. No. 2006-28]
An apartment containing a minimum of six dwelling units and
not exceeding 2 1/2 stories in height.
Intense and blinding light. Never helps visibility.
[Added 10-17-2006 by Ord. No. 2006-28]
An area of 50 or more contiguous acres containing a full-size
professional golf course at least nine holes in length, not less than
three par each, which may have usual and customary accessory uses
and structures, such as a clubhouse and dining and refreshment facilities,
pro shop, maintenance facilities and caretakers dwelling, provided
that such uses and structures are incidental and subordinate to the
operation of a golf course.
[Amended 3-17-1998 by Ord. No. 98-5]
The sum of the area of all floors of a building within the
perimeter of the outside walls of the building at each story, without
deduction for hallways, stairs, closets, thickness of walls, columns
or other features.
[Added 11-9-1988 by Ord. No. 88-11]
The area measured by using inside habitable or similarly
usable dimensions of the building, excluding the area of a residential
garage, attic, open porch or patio. Only those floor areas which have
ceiling heights of eight feet or more, and those areas with ceiling
heights of less than eight feet used for storage space in nonresidential
uses, shall be included in the gross floor area.
In a high-intensity discharge lamp, the emitted energy (light)
is produced by the passage of an electric current through a gas. High-intensity
discharge (HID) include mercury, metal halide, and high-pressure sodium
lamps. Other discharge lamps are LPS and fluorescent. Some such lamps
have internal coatings to convert some of the ultraviolet energy emitted
by the gas discharge into visual output.
[Added 10-17-2006 by Ord. No. 2006-28]
HID lamp where radiation is produced from sodium vapor at
relatively high partial pressures (100 torr). HAS is essentially a
"point source."
[Added 10-17-2006 by Ord. No. 2006-28]
A legal occupation conducted within a single-family dwelling
used as such dwelling, provided that:
[Amended 3-8-1989 by Ord. No. 89-4]
The occupation is clearly incidental and subordinate
to the principal residential use on the lot.
Such occupation is conducted solely by resident
occupants of the dwelling structure housing the occupation, except
that no more than three persons who are not such resident occupants
may also be employed therein.
No more than 900 square feet, or no more than
the equivalent of the first floor habitable floor area of the dwelling,
whichever is smaller, is used for such occupation, and the habitable
floor area of the dwelling not used in such occupation shall be at
least 1,000 square feet.
The residential character of the exterior of
the dwelling and of the lot on which it is situated is not changed.
No goods are offered for retail sale, and there
is no exterior evidence of such occupation other than one unlighted
or interior lighted nameplate sign identifying the home professional
occupation which does not exceed one square foot in area and is attached
flat against the dwelling, and other than the noise of children in
a family day-care home.
No equipment or process shall be used in such
employment or occupation which creates noise (other than for children
in a family day-care home), vibration, glare, fumes, odors or electrical
interference, detectable to the normal senses outside the dwelling;
and in the case of electrical interference, no equipment or process
shall be used which creates visual or audible interference.
The occupation shall not be conducted outdoors
on the lot (other than for children in a family day-care home and
parking of automobiles of clients, patients or patrons, or by those
employed in the occupation) or in any structure on the lot other than
the single-family detached dwelling structure, and the occupation
shall not involve the parking or keeping of any commercial vehicle
on the lot (whether or not garaged).
The off-street parking and any other applicable
requirements of this chapter shall be met.
The occupation is:
That of a physician, dentist, architect, engineer,
lawyer, real estate sales agent, insurance broker or similar professional
working from an office in the dwelling structure and whose occupation
requires state licensing based in part on education qualifications;
That of a teacher giving musical, artistic or
academic instruction in the dwelling structure to a single pupil at
a time; or
A family day-care home, as defined by N.J.S.A.
40:55D-66.5, with no more than five children enrolled.
An incorporated, nonprofit organization operating under recorded
land agreements through which each lot owner is automatically a member;
each occupied dwelling unit is automatically subject to a charge for
a proportionate share of the expenses for the organization's activities
and maintenance, including any maintenance costs levied against the
association by the Township; and each owner and tenant has the right
to use the common property. Such organization shall not be dissolved
and shall not dispose of any common property, by sale or otherwise,
except to an organization conceived and established to own and maintain
the common property for the benefit of the development. Thereafter,
such organization shall not be dissolved or dispose of any of its
common property without first offering to dedicate the same to the
Township.
A commercial facility offering transient lodging accommodations
to the general public with access from rooms to the outside through
the main lobby and providing additional usual and customary accessory
services and facilities such as restaurants, meeting rooms and recreation
facilities.
[Added 3-17-1998 by Ord. No. 98-5]
One or more persons living together in one dwelling unit
on a nonseasonal basis and sharing living, sleeping, cooking and sanitary
facilities on a nonprofit basis.
Illuminating Engineering Society of North America. An organization
that recommends standards for the lighting industry.
[Added 10-17-2006 by Ord. No. 2006-28]
The ratio expressed as a percentage of the sum of the areas
of all building footprints (areas which cover the ground) plus all
pavements, walkways, gravel or stone surfaces and similar areas which
do not readily absorb water, to the total area of the lot.
[Added 11-9-1988 by Ord. No. 88-11]
A source of artificial light that works by incandescence.
An electric current passes through a thin filament, heating it and
causing it to emit light.
[Added 10-17-2006 by Ord. No. 2006-28]
A tract of at least 25 acres lot area, within which lots may be established, each having a use permitted by § 123-14B(1) through (4) as a principal use.
A facility offering transient lodging accommodations to the
general public distinguished from a motel or hotel by its smaller
size and more personal atmosphere.
[Added 3-17-1998 by Ord. No. 98-5]
The degree or amount of energy or light.
[Added 10-17-2006 by Ord. No. 2006-28]
An establishment, licensed as a commercial kennel under this Code (see Chapter 66), wherein or whereupon the business of boarding or selling dogs or breeding dogs for sale is carried on, except that a pet shop or veterinary office (as defined in Chapter 66 of this Code) where dogs of licensing age are kept or maintained for any reason in any one place or establishment shall not be deemed a commercial kennel.
[Added 5-17-1994 by Ord. No. 94-8; amended 4-18-1995 by Ord. No. 95-14]
An establishment, licensed as a noncommercial kennel under Chapter 66 of this Code, where a breed or dog fancier who is a resident or owner of the lot on which the establishment is located keeps six or more dogs of licensable age, but no more than 10 dogs of a licensable age for the principal purpose of breeding for the enhancement or perpetuation of a given breed, hunting, practice tracking exhibit (showing) in dog shows, training for field or obedience trials, guarding or protecting of the householder's property or person or the householder's personal or professional enjoyment and not for the purpose for sale.
[Added 5-17-1994 by Ord. No. 94-8; amended 4-18-1995 by Ord. No. 95-14]
Information about the chosen lamp and its lumen depreciation
and mortality are available from lamp manufacturers’ tables
and graphs. Rated average life should be determined for the specific
hours per start; it should be known when burnouts will occur in the
lamp life cycle. A typical roadway lighting system will be in operation
about 4,000 hours per year. From these facts, a practical group relamping
cycle should be established and then, based on the hours elapsed to
lamp removal, the specific LLD factor can be determined.
[Added 10-17-2006 by Ord. No. 2006-28]
A wind energy system that is used to generate electricity
and has a nameplate capacity of greater than 20 kilowatts or a system
height greater than 150 feet.
[Added 3-15-2011 by Ord. No. 2011-05]
Several of these factors, known collectively as the maintenance
factor (MF), are the result of time-dependent depreciation effects.
Others, equipment factors (EF), will exist initially and continue
through the life of the installation. However, all factors should
be studied and reduced to the extent possible because they will diminish
the planned output of the lighting system.
[Added 10-17-2006 by Ord. No. 2006-28]
Any adverse effect of man-made light. Often used to denote
urban sky glow, but also includes glare, light trespass, visual clutter,
and other adverse effects of lighting.
[Added 10-17-2006 by Ord. No. 2006-28]
The components of any luminaire through which visible light
is distributed, including the lamp or lamps and any lens, reflector,
refractor, diffuser or globe which transmits the light therefrom.
[Added 10-17-2006 by Ord. No. 2006-28]
Light from an artificial source that is intruding into an
area where it is not wanted.
[Added 10-17-2006 by Ord. No. 2006-28]
An off-street space or berth, on the same lot with the applicable
principal structure, for the temporary parking of a commercial vehicle
while loading or unloading with 15 feet of vertical clearance, located
in the side or rear yard of said lot and having related thereto adequate
ingress and egress from streets.
Any integral parcel of land separated from other parcels
or portions by an approved subdivision plat or deed of record or a
map filed with the county recording officer, except that, for purposes
of this chapter, contiguous lots, one or more of which lacks the minimum
lot area required hereunder, which are under one ownership, shall
be considered one lot, and except further that no portion of a street
shall be included in calculating the lot boundaries or areas.
The area contained within the lot lines of a lot not including
any portion of a street.
A lot on the junction of and abutting two or more intersecting
streets where the interior angle of intersection does not exceed 135°.
Corner lots will be deemed to consist of two front yards, one side
and one rear yard. The rear yard will be deemed to be opposite the
narrower lot width.
[Amended 8-18-2009 by Ord. No. 2009-15]
The shortest horizontal distance between the front lot line
and a line drawn parallel to the front lot line through the midpoint
of the rear lot line.
 |
The horizontal distance between side lot lines measured along
the street line. The minimum lot frontage shall be the same as the
lot width, except that on curved alignments with an outside radius
of less than 500 feet, the minimum distance between the side lot lines
measured at the street line shall not be less than 75% of the minimum
lot width for the zoning district in which the lot is located. In
the case of a corner lot, either street frontage which meets the minimum
frontage required for that zone may be considered the lot frontage.
A lot other than a corner lot.
Any line forming a portion of the exterior boundary of a
lot and the same line as the street line for that portion of a lot
abutting a street.
The straight and horizontal distance between side lot lines
at setback points on each side lot line measured an equal distance
back from the street line. The minimum lot width shall be measured
at the minimum required building setback line.
 |
A household meeting the regional income eligibility limits
designated as low and very low income according to family size contained
in the document entitled "Section 8 Rental Assistance Program, Income
by Family Size," published by the United States Department of Housing
and Urban Development.
[Added 6-12-1985 by Ord. No. 85-10]
Dwelling units which are affordable by purchase or rent to
a lower income household spending not more than 28% of the monthly
family income for sale housing and 30% of the monthly family income
for rental housing.
[Added 6-12-1985 by Ord. No. 85-10]
Less than 50% of the median household income for the region;
being equivalent to the term "very low income" in the document entitled
"Section 8 Rental Assistance Program, Income by Family Size," published
by the United States Department of Housing and Urban Development.
[Added 6-12-1985 by Ord. No. 85-10]
A discharge lamp where the light is produced by radiation
from sodium vapor at a relatively low partial pressure (about 0.001
torr). LPS is a “tube source.” It is substantially a monochromatic
light.
[Added 10-17-2006 by Ord. No. 2006-28]
A unit of measure of the quantity of light which falls on
an area of one square foot every point of which is one foot from the
source of one candela (candle). A light source of one candela emits
a total of 12.57 lumens.
[Added 10-17-2006 by Ord. No. 2006-28]
A complete lighting assembly, which may consist of a lamp,
ballast, reflector, refractor, lens, housing, fitting, wiring, and/or
other parts. Also referred to as light fixture.
[Added 10-17-2006 by Ord. No. 2006-28]
The accumulation of dirt on luminaries results in a loss
of light output on the roadway. This loss, known as the LDD factor,
is determined by estimating the dirt category (very clean, clean,
moderate, dirty, or very dirty), definitions given in the IES RP-8,
and the proper elapsed time in years of the planned cleaning cycle.
[Added 10-17-2006 by Ord. No. 2006-28]
The result of time-dependent depreciation effects must be
considered in the initial design. Regular maintenance is particularly
important with regard to energy conservation, and these plans, once
incorporated into the design, should be carried out or the system
will not perform as expected.
[Added 10-17-2006 by Ord. No. 2006-28]
A two- , three- or four-dwelling unit attached dwelling which
appears on the exterior as a single-family detached dwelling, where
no part of any dwelling unit is located above or below another.
[Added 3-17-1998 by Ord. No. 98-5]
An HID lamp, or mercury vapor lamp, where the light is produced
by radiation from mercury vapor.
[Added 10-17-2006 by Ord. No. 2006-28]
An HID, mercury lamp, where the light is produced by radiation
from metal-halide vapors.
[Added 10-17-2006 by Ord. No. 2006-28]
Fifty percent to 80% of the median household income for the
region; being equivalent to the term "low income" in the document
entitled "Section 8 Rental Assistance Program, Income by Family Size."
[Added 6-12-1985 by Ord. No. 85-10]
An establishment providing transient accommodations to the
general public containing rooms having direct access to the outside
without the necessity of passing through the main lobby of a building.
[Added 3-17-1998 by Ord. No. 98-5]
The height of the fixture or lamp above the ground.
[Added 10-17-2006 by Ord. No. 2006-28]
A building or structure which in its location upon a lot
or in its size does not conform to the regulations of this chapter
for the zone in which it is located.
A lot which does not have the minimum lot width, frontage
or depth or contain the minimum area for the zone in which it is located.
The use of a building, structure or lot which does not conform
with the regulations for the zone in which it is located.
Refer to the definition of open space as defined within N.J.S.A.
40:55D-5.
[Added 3-17-1998 by Ord. No. 98-5]
An off-street area that conforms with the requirements of § 123-21, either within a structure or in the open, for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes and public rights-of-way, except that nothing shall prohibit private driveways for detached dwelling units from being considered off-street parking areas, provided that no portion of such private driveway within the street line intersected by such driveway shall be considered off-street parking space. The area is intended to be sufficient to accommodate the exterior extremities of the vehicles, even if in addition thereto wheel blocks are installed within this area to prevent the bumper from overhanging one end of the parking space. The width and length of each space shall be measured perpendicular to each other regardless of the angle of the parking space to the access aisle or driveway. On-street parallel parking, where not otherwise prohibited, is permitted so long as the parking space on interior roadways is a minimum of eight feet by 24 feet.
[Amended 8-18-2009 by Ord. No. 2009-15]
Any use of land, building or structure as permitted by this
chapter.
The quantitative measurement of light level and distribution.
[Added 10-17-2006 by Ord. No. 2006-28]
The main dwelling unit on a property constituting the space
remaining in such dwelling after the creation of an accessory dwelling
unit if the same is created within the existing structure.
[Added 10-10-1990 by Ord. No. 90-15]
A building or structure primarily devoted to a principal
use.
The main purpose for which a lot or building is used.
Work or product furnished by a business establishment that
routinely engages in the production of signs. The applicant shall
attach a copy of a receipt for said work to its application.
[Added 7-20-2010 by Ord. No. 10-07]
The use of land or buildings by the governing body of the
Township or any officially created authority or agency of the Township
or by a volunteer fire company or rescue squad serving the Township
or part thereof.
A use owned or operated by a nonprofit, religious or eleemosynary
institution and providing educational, cultural, recreational, religious
or similar types of public programs.
[Added 9-17-1996 by Ord. No. 96-12]
The housing region in which the Township is situated, as
defined in and determined in regulations adopted pursuant to the Fair
Housing Act, N.J.S.A. 52:27D-301 et seq.
[Added 6-12-1985 by Ord. No. 85-10; amended 3-8-1989 by Ord. No. 89-6]
A facility that engages in the production of electric energy
from solar technologies, photovoltaic technologies, or wind energy.
[Added 3-15-2011 by Ord. No. 2011-05]
The growing and harvesting of plant life or the keeping of
farm animals on lots with a lot area of 90,000 square feet or more,
for the enjoyment of the residents on the lot and not primarily for
commercial purposes.
Any establishment, however designated, at which food is sold
for consumption on the premises. However, a snack bar or refreshment
stand at a public or community swimming pool, playground, golf course,
playfield or park, operated solely by the agency or group operating
the recreational facility and for the convenience of patrons of the
facility, shall not be deemed to be a "restaurant."
Any restaurant, refreshment stand, snack bar, dairy bar,
hamburger stand or hot dog stand where food is served primarily for
consumption at counters, stools or bars outside the building or primarily
for consumption in automobiles parked on the premises whether brought
to said automobiles by the customer or by employees of the restaurant,
regardless of whether or not additional seats or other accommodations
are provided for customers inside the building.
The cross-sectional dimension of the circle swept by the
rotating blades of a wind-powered energy generator.
[Added 3-15-2011 by Ord. No. 2011-05]
Land, building and structures used for the sale of motor
vehicle fuel, lubricants, and automotive accessories, including maintenance
and minor repair of motor vehicles and convenience stores in conjunction
with the sale of motor vehicle fuel, but specifically excluding all
of the following (which shall be prohibited):
[Amended 11-15-1999 by Ord. No. 99-12; 5-20-2008 by Ord. No.
2008-10]
A line drawn parallel with a street line or lot line and
drawn through the point of a building nearest to the street line or
lot line. The term "required setback" means a line that is established
a minimum horizontal distance from the street line or the lot line
and beyond which a building or part of a building is not permitted
to extend toward the street line or lot line.
 |
A fully shielded light fixture with cutoff optics and/or
fixture attachments that allow no direct light emissions above a vertical
cutoff angle of 80° through the light fixture’s lowest light-emitting
part as certified by a photometric test. Any structural part of the
light fixture providing this cutoff angle must be permanently affixed.
[Added 10-17-2006 by Ord. No. 2006-28]
A group of commercial establishments planned, constructed
and managed as a total entity with customer and employee parking provided
on site. Shopping centers could include supermarkets, retail stores,
restaurants, banks, financial, business and professional offices and/or
such other commercial uses permitted in that zone.
[Added 9-17-1996 by Ord. No. 96-12]
Any building or structure or portion thereof on which any
announcement, declaration, demonstration, display, illustration or
insignia is used to advertise or promote the interest of any person
or product when the same is placed in view of the general public.
A detached dwelling (as defined above).
[Added 3-17-1998 by Ord. No. 98-5]
A site plan required by the Washington Township Development
Regulations Ordinance (1977).[1]
The brightening of the night sky due to man-made lighting.
[Added 10-17-2006 by Ord. No. 2006-28]
A wind energy system that is used to generate electricity
and has a nameplate capacity of 20 kilowatts or less or a system height
of 150 feet or less.
[Added 3-15-2011 by Ord. No. 2011-05]
A system and all associated equipment which converts solar
energy into usable electrical energy, heats water, or produces hot
air or similar function through the use of solar panels. This includes
solar as well as photovoltaic technologies.
[Added 3-15-2011 by Ord. No. 2011-05]
A fixture or lamp designed to light only a small area.
[Added 10-17-2006 by Ord. No. 2006-28]
Any story having a finished floor surface entirely above
grade, except that a basement shall be considered a story above grade
when the finished surface of the floor above the basement is more
than three feet above any grade plane.
[Added 10-17-2006 by Ord. No. 2006-29]
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 the floor and the ceiling
next above it. For the purpose of this chapter, the interior of the
roof shall not be considered a ceiling. A half story is the area under
a pitched roof at the top of a building, the floor of which is at
least four feet, but no more than six feet, below the plate.
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county or municipal
roadway; or which is shown upon a plat heretofore approved pursuant
to an ordinance of this Township regulating land subdivision adopted
pursuant to the Municipal Land Use Law or to the Municipal Planning
Act (1953)[2] and which has been either constructed to meet the design
and other requirements for acceptance as a public street of the Township
or which is to be so constructed and for which a performance guaranty
has been posted for such construction; 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 Land Use Board and the grant to such
Board of the power to review plats. Street 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.
[Amended 3-20-2001 by Ord. No. 01-2]
The edge of the existing street right-of-way or the future
street right-of-way as shown on the adopted Master Plan or Official
Map, forming the dividing line between the street and a lot, whichever
would result in the widest right-of-way.
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.
Portable pools shall not be subject to the requirements of Article IV and are those pools which are not otherwise permanently installed; do not require water filtration, circulation and purification; do not exceed 18 inches in depth; do not exceed a water surface area of 100 square feet; and do not require braces or supports.
Includes artificially constructed pools, whether located
above or below the ground, having a depth of more than 18 inches and/or
a water surface of 100 square feet or more designed and maintained
for swimming and bathing purposes by an individual for use by members
of his household and guests and which is located on a lot as any accessory
use to a detached dwelling and shall include all buildings, structures,
equipment and appurtenances thereto.
A dwelling of at least four but no more than six connected
dwelling units, where each dwelling unit is compatibly designed in
relation to all other units, but is distinct by such design features
as width, setback, roof design, color, exterior materials and other
features, singularly or in combination. Each dwelling unit may be
a maximum of 2 1/2 stories above grade as limited by the definition
of “building height” above, but nothing in the definition
shall be construed to allow one dwelling unit over another.
[Amended 6-20-2006 by Ord. No. 2006-17; 10-17-2006 by Ord. No. 2006-29]
Township of Washington, in the County of Warren, New Jersey.
An area of land composed of one or more lots adjacent to
one another, having sufficient dimensions and area to make one parcel
of land meeting the requirements of this chapter for the use(s) intended.
The original land area may be divided by one existing public street
and still be considered one tract, provided that the street is not
an arterial road and that a linear distance equal to more than 75%
of the frontage of the side of the street having the larger street
frontage lies opposite an equivalent linear distance of street frontage
on the other side of the street.
A detached dwelling, with one side of the dwelling five feet
or less from the side lot line and landscaping or a porch to buffer
the front of the dwelling from the street.
[Added 3-17-1998 by Ord. No. 98-5; amended 6-20-2000 by Ord. No. 00-7]
A wind generator and all associated equipment, including
any base, blade, foundation, nacelle, rotor, tower, transformer, vane,
inverter, batteries or other component necessary to fully utilize
the wind generator.
[Added 3-15-2011 by Ord. No. 2011-05]
Equipment that converts energy from the wind into electricity.
This term includes the rotor, blades and associated mechanism.
[Added 3-15-2011 by Ord. No. 2011-05]
A facility or structure for the purpose of supplying electrical
energy produced from wind, solar, or photovoltaic electrical energy
produced or from wind, solar or photovoltaic technologies, whether
such a facility or structure is a principal use, a part of the principal
use, or an accessory use or structure.
[Added 3-15-2011 by Ord. No. 2011-05]
A required open space, unoccupied and unobstructed by any
structure or portion of a structure from 30 inches above the general
ground level of the graded lot or tract upward, except as otherwise
permitted by this chapter; provided, however, that fences, walls,
poles, posts and other customary yard accessories, ornaments and furniture
may be permitted in any yard subject to height limitations and requirements
limiting obstruction of visibility.
[Added 4-9-1980]
An open space extending across the full width of the lot
and lying between the street line and the closest point of any building
on the lot. The depth of the front yard shall be measured horizontally
and at right angles to either a straight street line or the tangent
lines of curved street lines. The minimum required front yard shall
be the same as the required setback.
An open space extending across the full width of the lot
and lying between the rear lot line and the closest point of the principal
building on the lot. The depth of the rear yard shall be measured
horizontally and at right angles to either a straight rear lot line
or the tangent of curved rear lot lines. The minimum required rear
yard shall be the same as the required setback.
An open space extending from the front yard to the rear yard
and lying between each side lot line and the closest point of the
principal building on the lot. The width of the required side yard
shall be measured horizontally and at right angles to either a straight
side line or the tangent lines of curved side lot lines.
 |
[2]
Editor's Note: For the current ordinance regulating land subdivision in the Township of Washington, see Ch. 64, Development Regulations. For the Municipal Land Use Law, see N.J.S.A. 40:55D-1 et seq. The Municipal Planning Act (1953) was the statute regulating planning, subdivision and zoning prior to enactment of the Municipal Land Use Law.
The provisions of this chapter shall be held
to be minimum requirements. Where this chapter imposes a greater restriction
than is imposed or required by other provisions of law or by other
rules or regulations or resolutions, the provisions of this chapter
shall control. Where other laws, rules, regulations or resolutions
require greater restrictions than are imposed or required by this
chapter, the provisions of such other laws, rules, regulations or
restrictions shall control.
[Amended 4-16-2019 by Ord. No. 2019-05]
A.
All uses
not expressly permitted in this chapter are prohibited.
B.
Truck stops and/or what is commonly referred to as travel centers
(which usually include overnight parking, a diner/restaurant, showers
and full-service over-the-road truck maintenance garage) shall be
prohibited.
C.
Recreational marijuana - cultivation, manufacturing, testing, sale
and consumption. The cultivation, manufacturing, testing, sale, and
consumption of recreational marijuana and the paraphernalia associated
with marijuana use is hereby prohibited within the Township of Washington.
[Added 11-18-2019 by Ord.
No. 2019-11]
D.
All classes
of cannabis establishments or cannabis distributors or cannabis delivery
services as said terms are defined in Section 3 of P.L. 2021, c. 16,
but not the delivery of cannabis items and related supplies by a delivery
service.
[Added 4-20-2021 by Ord. No. 2021-06]
All requirements shall be met at the time of
the erection, enlargement, alteration, moving or change in use of
the principal use and shall apply to the entire structure or structures,
whether or not the entire structure or structures were involved in
the erection, enlargement, alteration, moving or change in use.
