[Added 10-15-1990 by Ord. No. 34-90]
Unless the context otherwise indicates, the
following definitions shall be used in the interpretation and construction
of the chapter:
A.Â
Words used in the present tense include the future.
B.Â
The singular number shall include the plural, and
the plural the singular.
C.Â
The word "person" includes the corporation as well
as an individual.
D.Â
The word "occupied" includes the words "designed or
intended to be occupied."
E.Â
The word "used" shall include the words "arranged,
designed, constructed, altered, converted, rented, leased or intended
to be used."
F.Â
The word "abut" shall include the words "directly
across from," "adjacent" and "next to."
G.Â
The word "shall" is mandatory and not optional, and
the word "may" indicates a permissive action.
Certain words and phrases used in the chapter
are defined for the purpose hereof as follows:
A self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters and a private entrance, which
is created within an existing home or through the conversion of an
existing attached accessory structure on the same site or by an addition
to an existing home or accessory building.
[Added 3-18-1996 by Ord. No. 6-96]
A use or structure subordinate to the principal use of a
building or structure on the same zone lot and serving a purpose customarily
incidental to the use of the principal building. Where an accessory
building is attached in a substantial manner, by a wall or roof, to
a principal building or structure, it shall be considered a part of
said principal structure or roof.
Forty-three thousand five hundred sixty square feet.
The Zoning Officer.
A facility in which adults may engage in recreational, educational
and social activities on a daily basis. Such a facility may include
meal service for patrons, although no overnight visitations or residential
use is permitted.
[Added 2-21-2000 by Ord. No. 3-00]
Having a sales price or rent within the means of a low- or
moderate-income household as defined in N.J.A.C. 5:93-7.4, or for
housing developed in accordance with the third-round rules of the
New Jersey Council on Affordable Housing, as defined by N.J.A.C. 5:94-7.
[Added 7-18-2005 by Ord. No. 26-05;
amended 9-19-2005 by Ord. No. 35-05]
One or more persons designated to represent the applicant
before the Planning Board. All agents of corporations representing
said corporation before the Planning Board shall be attorneys licensed
to practice in the State of New Jersey.
[Amended 7-18-1994 by Ord. No. 15-94]
COMMERCIAL AGRICULTURE- The production, principally for the sale to others, of plants, animals or their products, including but not limited to forage, grain and feed crops; dairy animals and dairy products; livestock, including beef cattle, poultry, sheep, swine, horses, ponies, mules and goats, including the breeding and grazing of all such animals; bees and apiary products; fruits of all kind, including grapes, nuts and berries; vegetables; and nursery, floral, ornamental and greenhouse products. Commercial agriculture does not include intensive poultry or hog farming or extensive animal feedlot operations.
HOME AGRICULTURE- The production, principally for home use or consumption, of plants, animals or their products and for sale to others where such sales are incidental, including but not limited to gardening, fruit production and poultry and livestock products for household use only.
The extraction of minerals, ores, water, etc.,
for sale or use off site shall not be considered to be agriculture.
Commercial composting of vegetative materials and exporting the finished
product off site shall not be considered to be agriculture under this
definition.
A minor way which is used primarily for vehicular service
access to the back or the side of properties otherwise abutting on
a street.
A place where the floor area occupied and devoted to coin-operated
amusement devices exceeds 15% or 300 square feet, whichever is less,
of the floor area of the structure housing the use which is open to
the public. The floor area devoted to the amusement devices shall
include the area occupied by the device in an area sufficient to accommodate
players and bystanders, but in no event shall this area be less than
25 square feet per device. Rest rooms shall not be included in computing
the floor area of the structure which is open to the public.
Any structure, pen or corral whose primary use is to maintain
cattle, horses, sheep, goats or swine in close quarters for the purpose
of fattening such livestock for final shipment to market.
[Added 6-21-1993 by Ord. No. 17-93]
Any establishment where four or more animals are given medical
or surgical treatment. Use as a kennel shall be limited to short-term
boarding and shall be incidental to such hospital use.
An apparatus not exceeding 12 feet in diameter or 113 square
feet of reflector area designed for the purpose of receiving, for
private noncommercial use only, television, radio, microwave or other
similar signals from a satellite.
One or more rooms with private bath and kitchen facilities
comprising an independent self-contained dwelling unit occupied by
a single family in a building containing more than one dwelling unit.
A developer submitting an application for development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to Section 25 (N.J.S.A. 40:55D-34) or
Section 27 (N.J.S.A. 40:55D-36) of the Municipal Land Use Law.
The Planning Board of the municipality, unless a different
agency is designated by ordinance.
That portion of the property in front of the proposed development
area which naturally screens the development improvements from the
public traveled way or public area or public open space opposite the
proposed development area.
[Added 12-19-2005 by Ord. No. 44-05]
A facility which is licensed by the New Jersey Department
of Health to provide apartment-style housing and congregate dining
and to assure that assisted living services are available when needed
for four or more adult persons, age 55 years and older, unrelated
to the proprietor. Apartment units offer, at a minimum, one unfurnished
room, a private bathroom and a kitchenette and a lockable door on
the unit entrance.
[Added 2-21-2000 by Ord. No. 3-00]
A place where gasoline, kerosene or any other motor fuel
or lubricating oil or grease for operating motor vehicles is offered
for sale to the public and deliveries are made directly into motor
vehicles, including the sale of accessories, greasing, oiling and
light motor service on the premises.
A story, partly below grade level, having 1/2 or more of
its floor-to-ceiling height above the average level of the adjoining
ground. A basement shall be counted as a story if used for business
or dwelling purposes.
A private single-family residence which provides overnight
lodging for transient guests and provides breakfast for registered
guests in the forenoon of each day.
[Added 11-18-1991 by Ord. No. 30-91]
A private room planned and intended for sleeping, separable
from other rooms by a door.
[Added 6-21-1993 by Ord. No. 17-93]
The area bounded by one or more streets or a municipal boundary
of sufficient size to accommodate a lot or lots of the minimum size
required in Chapter XVII, Zoning, and as further specified herein.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
That area of a lot which is occupied by a building or structure,
but not including uncovered walkways, steps, patios or a parking lot
or area or any similar improvements thereto.
The vertical distance from the average of the finished grade
measured at the corners of a building to the highest point of the
roof, provided that the maximum height at any corner may not exceed
the average height by more than 20%, but not including chimneys, spires,
towers, silos, elevators, satellite dishes, tanks, antennas, air-conditioning
equipment and similar projections that are usual and customary appurtenances
to the subject building; provided, however, that such projections
shall not cover more than 5% of the roof area, nor extend more than
10 feet beyond the maximum permitted height in the zone and, where
appropriate, shall be shielded by a parapet wall.
[Amended 8-21-1995 by Ord. No. 27-95]
A structure in which is conducted the principal use of the
site on which it is situated.
Paying down the cost of market-rate units and offering them
in sound condition at affordable prices to low- and moderate-income
households to address all or a portion of the municipal share of affordable
housing.
[Added 2-19-2007 by Ord. No. 6-07]
A governmental acquisition of real property or major construction
project.
A roofed structure providing space for the parking of motor
vehicles and enclosed on not more than three sides.
Those waters designated in N.J.A.C. 7:9B-1.15.
[Added 12-19-2005 by Ord. No. 43-05]
A story, partly above grade level, having more than 1/2 of
its floor-to-ceiling height below the average level of the adjoining
ground. A cellar shall not be used as a dwelling unit.
A public sewer system or community sewer system which satisfies
local and state codes and regulations.
[Added 6-21-1993 by Ord. No. 17-93]
A public water system or community water system which satisfies
local and state codes and regulations.
[Added 6-21-1993 by Ord. No. 17-93]
Any alteration, substitution, conversion or intensification of a use on any property that will require greater parking requirements as prescribed by § 159-39 of the code of the Township of Washington.
[Added 7-19-1999 by Ord. No. 21-99]
An establishment licensed and approved by the Division of
Youth and Family Services maintained for the care, development or
supervision of six or more children under six years of age who attend
for less than 24 hours per day.
[Added 11-18-1991 by Ord. No. 31-1991]
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses and other storage buildings or transshipment points.
Any amusement machine or device operated by means of the
insertion of a coin, token or similar object for the purpose of amusement
or skill and for the playing of which a fee is charged. Specifically
included within this definition are pinball machines and electronic
games.
Use of a common wireless telecommunications tower or a common
site by two or more wireless license holders or by one wireless license
holder for more than one type of communications technology and/or
placement of a wireless telecommunications tower on a structure owned
or operated by a utility or other public entity.
[Added 3-15-1999 by Ord. No. 4-99]
Includes, but shall not be limited to, tractors, backhoes,
front-end loaders, hauling trailers, trucks, buses, school buses and
the like. Pickup trucks having a maximum carrying capacity of one
ton and camping or other recreational vehicles for the personal use
of the property owner shall not be included.
An open space area within or related to a site designated
as a development and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter and upon the issuance of an authorization
therefor by the Planning Board.
A building or combination of buildings with meeting rooms,
dining facilities and guest rooms and accessory uses such as recreation
areas, pools and spas, in which the guest rooms are occupied only
by those who are attending the conference(s) or using the meeting
rooms.
[Added 4-19-1999 by Ord. No. 5-99]
The municipal official specified in the Building Code[1] and designated as such by the governing body previously
known as the "Building Inspector."
Next to, abutting or touching and having a boundary, or portion
thereof, which is coterminus.
[Added 6-21-1993 by Ord. No. 17-93]
Development other than planned development.
A composite of the Master Plan for the physical development
of the county in which the Township is located, with the accompanying
maps, plats, charts and descriptive and explanatory matter adopted
by the County Planning Board pursuant to N.J.S.A. 40:27-2.and 40:27-4.County
Planning Board. The Planning Board of the county in which the land
or development is located.
Any open unoccupied area which is bounded by three or more
attached building walls.
A street or portion of a street in which accessibility is
limited to only one ingress and egress.
A light fixture with cutoff optics that allows no direct
light emissions above a vertical cutoff angle of 80° 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 8-19-2002 by Ord. No. 32-02]
Calendar days.
The total number of dwelling units on a tract divided by the total area of the tract, except as noted in Chapter 217, Zoning, § 217-61D(1)(a) and (b). The resulting ratio is expressed as dwelling units per acre (du/ac).
The total number of dwelling units within a designated residential
land use parcel divided by the net land area of the designated residential
land use parcel. The net land area is the total land area, less major
recreational facilities, streets and public facilities within the
parcel. The resulting ratio is expressed as dwelling units per acre
(du/ac).
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.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any use or change in the use of any building
or other structure, or of any mining, excavation or landfill, and
any use or change in the use of any building or other structure, or
land or extension of use of land, for which permission may be required
pursuant to N.J.S.A. 40:55D-1 et seq.
[Amended 7-18-2005 by Ord. No. 26-05; 9-19-2005 by Ord. No.
35-05]
Any direct glare source visible above a height of five feet
at the the subject property line.
[Added 8-19-2002 by Ord. No. 32-02]
Any physical activity that results in removal of vegetation,
modification of topography by cutting or filling, stripping of topsoil
and/or placing of physical structures or improvements thereon.
[Added 8-21-1995 by Ord. No. 29-95]
The Division of State and Regional Planning in the Department
of Community Affairs.
The removal of surface water or groundwater from land by
drains, grading or other means, and includes control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution and to maintain the integrity of stream channels
for their biological functions as well as for drainage, and the means
necessary for water supply preservation or prevention or alleviation
of flooding.
A building where food and/or beverages are sold in a form
ready for consumption and where all or a portion of the consumption
of the same takes place or is designed to take place outside the confines
of the building but on the building lot.
A structure or portion thereof which is used exclusively
for human habitation.
A one-family dwelling attached to two or more one-family
dwellings by common vertical walls.
A dwelling which is completely surrounded by permanent open
spaces and which is not a trailer or mobile home.
[Added 6-16-2014 by Ord. No. 09-14]
A structure on a single lot containing two dwelling units,
each of which is totally separated from the other by an unpierced
wall extending from ground to roof or an unpierced ceiling and floor
extending from exterior wall to exterior wall, except for a common
stairwell exterior to both dwelling units.
A building occupied or intended for occupancy as separate
living quarters for more than two families or more than two households,
with direct access from the outside for each family or household or
through a common hall, and further provided that separate cooking,
sleeping and sanitary facilities are provided for the exclusive use
of the occupants of each dwelling unit. Certain features of a multiple-family
dwelling may be provided in common, such as off-street parking, yards
and open space. Multiple-family dwellings may include buildings in
cooperative or leasehold ownership or in condominium ownership.
A one-family dwelling on a separate lot with open space setbacks
on three sides and with a court (also known as "zero-lot-line homes").
Four attached dwellings in one structure in which each unit
has two open space exposures and shares one or two walls with adjoining
unit or units.
A one-family dwelling attached to one other one-family dwelling
by a common vertical wall, and each dwelling is located on a separate
lot.
A building occupied or intended for occupancy exclusively
for one family or one household with direct access from the outside
and further provided with cooking, sleeping and sanitary facilities
for the exclusive use of the occupants of the unit and which is not
a trailer or mobile home.
[Added 6-16-2014 by Ord. No. 09-14]
A dwelling which is designed for and occupied by not more
than one family and surrounded by open space or yards and which is
not attached to any other dwelling by any means.
A one-family dwelling in a row of at least three such units
in which each unit has its own front and rear access to the outside,
no unit is located over another unit and each unit is separated from
any other unit by one or more common fire-resistant walls.
One or more rooms occupied or intended for occupancy as separate
living quarters by one family or household and for which separate
cooking, sleeping and sanitary facilities are provided within the
dwelling for the exclusive use of the occupants thereof.
Housing units not restricted to low- and moderate-income
households that may sell at any price determined by a willing seller
and a willing buyer.
[Added 7-18-2005 by Ord. No. 26-05;
amended 9-19-2005 by Ord. No. 35-05]
A Township advisory body created pursuant to P.L. 1968, c.
245 (N.J.S.A. 40:56A-1.et seq.).
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
The erection, construction, alteration or maintenance by
public utilities or municipal or other governmental agencies of underground,
surface or overhead gas, electrical, steam or water storage or transmission
systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, police call boxes, traffic signals, light
stations, telephone lines, hydrants, tanks and other similar equipment
and accessories herewith, reasonably necessary for the furnishing
of adequate service by such public utilities or municipal or other
governmental agencies or for the public health, safety or general
welfare. Requirements for underground utilities shall be subject to
the requirements of the Public Utility Commission, as well as other
municipal ordinances, where appropriate. This term does not include
antennas or towers for communications, such as cellular telephones,
radios, beepers or the like, unless it is owned and operated exclusively
by a municipal or other government agency.
[Amended 7-20-1992 by Ord. No. 10-92; 8-21-1995 by Ord. No. 27-95]
Any number of persons related by blood, marriage or adoption
or unrelated persons living together as a single housekeeping unit
and using certain rooms and housekeeping facilities in common. A family
also includes foster children placed with a family in such dwelling
by the Division of Youth and Family Service or a duly incorporated
child-care agency.
Any private residence 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:
[Added 11-18-1991 by Ord. No. 31-91; amended 7-20-1992 by Ord. No. 9-92]
An area of land made up of single or multiple joining or
nonjoining parcels which is organized as a management unit actively
devoted to agricultural or horticultural use, including but not limited
to cropland, pasture, idle or fallow land, woodland, wetlands, farm
ponds, farm roads and under-farm buildings and other enclosures related
to agricultural pursuits, which occupies no fewer than five acres,
exclusive of the land upon which the farm house is located and such
additional land as may actually be used in connection with the farmhouse,
as provided by N.J.S.A. 54:4-23.2, 54:4-23.4, 54:4-23.5 and 54:4-23.11.
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for their completion, or approval conditioned upon the posting
of such guaranties.
A lot in the shape of a flag or other configuration contiguous
to the top or side of a mast. The lot area, exclusive of the mast,
shall conform to the minimum lot size of its zone, but not lot frontage.
The sum of the gross horizontal areas of the several floors
of a building measured from the exterior walls in a building. Floor
area shall not include areas devoted to mechanical equipment serving
the building, areas devoted exclusively to off-street parking and
loading space for motor vehicles and to any space where the floor-to-ceiling
height shall be less than seven feet.
The ratio of total floor area to lot area.
Particles of airborne matter, not including process material,
resulting from the combination of solid fuel, such as coal or wood.
A unit of illuminance on a surface one square foot in area
onto which there is a uniform flux of one lumen.
[Added 8-19-2002 by Ord. No. 32-02]
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 8-19-2002 by Ord. No. 32-02]
The management of timber tracts, tree farms, forest nurseries,
the harvesting of forest products or the performance of forest services.
[Added 6-21-1993 by Ord. No. 17-93]
A detached building or structure containing no more than
three bays used for the storage of vehicles maintained for the resident
occupant of the premises, and no service is rendered to the public
or business conducted therein. No door providing access to a garage
bay shall exceed eight feet in height.
[Amended 6-18-2001 by Ord. No. 14-01; 4-21-2008 by Ord. No. 02-08]
A comprehensive plan for the development of a planned development,
as provided in P.L. 1987, c. 129 (N.J.S.A. 40:55D-45.2).
Solution channels, collapse sinkholes, subsidence sinkholes,
disappearing streams, closed depressions and caves.[2]
[Added 4-20-1998 by Ord. No. 4-98]
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 8-19-2002 by Ord. No. 32-02]
A tract of land improved with at least 18 holes for playing
the game of golf and improved with tees, greens, fairways and hazards,
practice facilities and a clubhouse (which may include such accessory
uses as dining facilities, a bar with liquor license, if qualified,
a pro shop, kitchen, locker rooms, an exercise room, racquet courts
and administrative offices, but not a swimming pool) and customary
accessory buildings and structures for the maintenance and operation
of the facility.
[Added 3-20-2000 by Ord. No. 2-00]
The Township Committee of Washington Township.
A building whose roof and sides are made largely of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of delicate or out-of-season
plants for subsequent sale or for personal enjoyment. See "nursery."
[Added 6-21-1993 by Ord. No. 17-93]
Any building which has been formally designated in the Master
Plan as being of historical, archaeological, cultural, scenic or architectural
significance.
[Added 4-20-1998 by Ord. No. 7-98]
One or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites.
An historic building which provides overnight lodging for
transient guests which may include, in a nonresidential zone only,
public dining facilities for guests and other patrons.
[Added 4-20-1998 by Ord. No. 7-98]
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing which have
been formally designated in the Master Plan as being of historical,
archaeological, cultural, scenic or architectural significance.
Commercial endeavors than are located on the same lot as residential uses and are compatible with the property and neighborhood in which they are located and do not impair the underlying use of the property and neighborhood, as defined by the restrictions in Chapter 217, Zoning, § 217-41A(11).
[Amended 4-17-1995 by Ord. No. 12-95]
The cultivation of flowers, fruits, vegetables or ornamental
plants.
[Added 6-21-1993 by Ord. No. 17-93]
A building designed for occupancy as a temporary residence
of one or more persons who are lodged with or without meals.
A family or unrelated persons living together as a single
housekeeping unit.
A building, together with its accessory buildings and uses,
where persons regularly assemble for religious worship and which building,
together with its accessory buildings and uses, is maintained and
controlled by a religious body organized to sustain public worship.
[Amended 7-15-1991 by Ord. No. 19-91]
Illuminating Engineering Society of North America. An organization
that recommends standards for the lighting industry.
[Added 8-19-2002 by Ord. No. 32-02]
Any structure, surface or improvements that reduces or prevents
absorption of stormwater into land, including, but not limited to,
porous paving, paver blocks, gravel, crushed stone, decks, patios,
elevated structures, and other similar structures, surfaces or improvements.
[Added 4-18-2011 by Ord. No. 03-11]
A contiguous area located on a residential lot within the
minimum required setbacks that is free of areas of existing conservation
easements, bodies of water, area of floodplains, wetlands, stream,
corridor and open water buffers; areas of slopes 20% and greater as
measured and calculated between two-foot-contour intervals, NJDEP
required wetland transition areas; and Highlands Special Resource
Protection Areas, except that the improvable lot area may contain
a total of 1,000 square feet of area of slopes 20% and greater.
[Added 12-18-1995 by Ord. No. 40-95; amended 7-18-2005 by Ord. No. 27-05; 9-19-2005 by Ord. No. 36-05; 12-19-2005 by Ord. No. 43-05; 7-17-2006 by Ord. No. 15-06]
That portion of one or more than one lot which is improved with impervious surfaces (see § 111-46), including but not limited to principal and accessory buildings and structures, any concrete, asphalt or stoned parking area, driveway, road or sidewalk, pools, brick or concrete pavers, decks, balconies, patios and any other man-made impervious surfaces on the ground surface.
[Amended 4-18-2011 by Ord. No. 03-11]
The use of the land with the raising of large quantities
of hogs for market as its main purpose.
[Added 6-21-1993 by Ord. No. 17-93]
In a criminal or quasi-criminal proceeding,
any citizen of the State of New Jersey.
In the case of a civil proceeding in any court
or in an administrative proceeding before a municipal agency, any
person, whether residing within or without the municipality, whose
right to use, acquire or enjoy property is or may be affected by any
action taken under this chapter or whose rights to use, acquire or
enjoy property under this chapter or under any other law of this state
or of the United States have been denied, violated or infringed by
an action or a failure to act under this chapter.
A child care center as defined in N.J.S.A. 40:55D-66.6 and regulated in § 217-54, in which senior citizens may be the care givers.
[Added 2-21-2000 by Ord. No. 3-00]
Surface water drainage channels with definite bed and banks
in which there is not a permanent flow of water. Most intermittent
streams are shown on Soil Conservation Service county soil surveys
and/or as watercourses shown on USGS quadrangle maps. These are portrayed
as a dashed line on a USDA Soil Survey Map of the most recent edition,
or as state open water identified in a letter of interpretation issued
by the NJDEP Land Use Regulation Program, whichever is more inclusive.
[Added 12-19-2005 by Ord. No. 43-05]
Any establishment, except a pet shop, where the keeping,
boarding, training, selling or breeding of four or more dogs that
are more than seven months old is carried on. The keeping of four
or more dogs more than seven months old, regardless of ownership,
on any lot shall constitute a kennel.
A defined area which may include improvement and structures
on, above or below the surface.
Those type, class or particular establishments which, within
the confines of the building or buildings, assemble marketable products
or provide a service.
Any form of artificial illuminance emanating from a light fixture or illuminated sign that penetrates other property and creates a nuisance, as specified in § 159-41A.
[Added 8-19-2002 by Ord. No. 32-02]
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit. A street passing through land shall be considered
as having divided the land into lots. A building lot shall be one
meeting the minimum area and dimension requirements as specified in
Chapter XVII, Zoning, and fronting on an approved street.
The computed area contained with the lot lines, but not including
any road rights-of-way.
A subdivision technique whereby the areas of some lots within
a subdivision are reduced in return for an increase in the area of
another lot or lots, where the resulting development does not exceed
the number of lots that would be otherwise permitted.
[Added 3-19-2001 by Ord. No. 5-01]
See "building coverage."
The average of the three horizontal distances between the
front lot line and the rear lot line, measured perpendicular to the
front lot line at either end and at the midpoint of the front lot
line.
The length of the front lot line.
A line of record bounding the lot.
An exchange of land which does not create an additional building
lot.
The lot line separating the lot from the road right-of-way.
The lot line opposite and most distant from the front lot
line or the point at which the two side lot lines meet, as the case
may be.
Any lot line other than a front or rear lot line. A side
lot line separating a lot from a road is called a "side road lot line."
The distance between the side lot lines measured parallel
to the front lot line at the minimum front yard setback line.
Any security, other than cash, which may be accepted by the
Township for the maintenance of any improvements required by this
chapter.
Any site plan not classified as a minor site plan.
[Amended 7-19-1993 by Ord. No. 21-93]
Any subdivision not classified as a minor subdivision by
the Planning Board.
The law describing map filing requirements, Chapter 141 of
the Laws of 1960 (N.J.S.A. 46:23-9.9).
A composite of one or more written or graphic proposals for
the development of the municipality as set forth in and adopted pursuant
to Section 19 of the Municipal Land Use Law.[3]
The chief executive of Washington Township.
A site plan which does not have a significant impact on the
immediate neighborhood or community, by the fact that there will be
no significant increase in traffic, noise, impervious coverage or
change in character of the use. Specifically, a minor site plan is
a site plan which:
[Amended 7-19-1993 by Ord. No. 21-93; 7-19-1999 by Ord. No. 17-99]
Does not involve planned unit development.
Does not involve or include any new street or
extension of any off-tract improvement which is to be prorated pursuant
to N.J.S.A. 40:55D-42.
No more than 5,000 square feet of land will
be disturbed.
Adds or changes no more than four parking spaces.
Involves or adds no more than 600 square feet
of floor area or 5% of the existing floor area, whichever is greater.
Does not involve a prohibited or conditional
use with the exceptions of a bed-and-breakfast and home occupations.
Is determined to be a minor site plan by the
Minor Site Plan Committee based upon the information provided by the
applicant.
Any subdivision containing not more than two lots, exclusive
of the remaining lot or parcel, fronting upon an existing street,
not involving any new street or the extension of municipal facilities
and not adversely affecting the development of the remainder of the
parcel or adjoining property and not in conflict with any provision
or portion of an adopted Master Plan, Official Map, Chapter XVII,
Zoning, or of this chapter.
A mobile home (sometimes colloquially referred to as a "trailer")
is a unit of housing which is built on a permanent chassis and is
designed to be used, when connected to utilities, as a dwelling.
[Added 6-16-2014 by Ord. No. 09-14]
The Township of Washington.
A building which does not conform to one or more of the regulations
of this chapter for the zone in which it is located.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of this chapter but which
fails to conform to the requirements of the zoning district in which
it is located by reason of such adoption, revision or amendment.
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of this chapter
but which fails to conform to the requirements of the zoning district
in which it is located by reasons of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of this chapter but which fails to conform to
the requirements of the zoning district in which it is located by
reasons of such adoption, revision or amendment.
A place where young trees or other plants are raised for
transplanting or sale.
[Added 6-21-1993 by Ord. No. 17-93]
A school designed to provide daytime care or instruction
for two or more children from two to six years of age, inclusive,
and operated on a regular basis.
A building providing shelter and/or supplemental health for
the elderly or infirm and meeting the standards of the New Jersey
State Department of Institutions and Agencies to operate as a nursing
home.
The map, with changes and additions therein, adopted and
established, from time to time, by resolution of the Board of Chosen
Freeholders of the county pursuant to N.J.S.A. 40:27-5.Official Map.
A map adopted by ordinance pursuant to Article 5 of the Municipal
Land Use Law.[5]
Located outside the lot lines of the lot in question but
within the property of which the lot is a part, which is the subject
of a development application or contiguous portion of a street or
right-of-way.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
The area adjacent to the stream that is inundated by the
one-hundred-year storm event as calculated per NJDEP accepted methods
unless a Federal Emergency Management Act (FEMA) flood line (i.e.,
limits of the One-Hundred-Year Flood Hazard Area) or NJDEP flood line
has previously been calculated, in which case the FEMA flood line,
NJDEP flood line, or the more recently calculated of these two will
be the standard.
[Added 12-19-2005 by Ord. No. 43-05]
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
That portion or portions of a lot or lots that are deed restricted for agricultural use or natural resource conservation or open space in order to qualify for lot averaging according to the requirements of Chapter 217, Zoning.
[Added 3-19-2001 by Ord. No. 5-01]
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designed or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
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 8-19-2002 by Ord. No. 32-02]
An individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be subdivided to commence and maintain proceedings to develop
the same under this chapter.
Any open area, other than a road or other public way, used
for the temporary storage of automobiles and other vehicles for private
use of the owners or occupants of the lot on which the area is located.
Any open area, other than a road or other public way, used
for the temporary storage of automobiles and other vehicles and available
to the public, whether for a fee or without compensation or as an
accommodation for clients, customers or employees.
An open, improved or enclosed tract of land owned by a local,
municipal, county, state or federal government, devoted to the purposes
of providing light, air and open space and areas for active and passive
recreation, pleasure, conservation, ornament and play for the general
public.
[Added 7-20-1992 by Ord. No. 10-92]
Any security which may be accepted by the Township, including
cash, provided that the Township shall not require more than 10% of
the total performance guaranty in cash.
The surface where the exterior walls of a structure are parallel
to any straight line and constitute a facade.
[Added 6-21-1993 by Ord. No. 17-93]
An area of a minimum contiguous size, as specified by this
chapter, to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
commercial or office uses, or both, and any residential and other
uses incidental to the predominant use as may be permitted by this
chapter.
Planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
An area of a minimum contiguous size, as specified by this
chapter, to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
industrial uses and any other uses incidental to the predominant use
as may be permitted by this chapter.
An area with a specified minimum contiguous acreage of 100
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
area in such ranges of ratios of nonresidential uses to residential
uses as specified in this chapter.
An area with a specified minimum contiguous acreage of 100
acres or more, to be developed as a single entity according to a plan,
containing one or more residential clusters which may include appropriate
commercial or public or quasi-public uses, all primarily for the benefit
of the residential development.
The Planning Board of Washington Township.
The map or maps of a subdivision or site plan.
The final map of all or a portion of the subdivision which
is presented to the Planning Board for final approval in accordance
with these regulations and which, if approved, shall be filed with
the Clerk of the County of Morris for recording in accordance with
law. A plat that receives final approval shall have been prepared
by a New Jersey licensed professional engineer or land surveyor in
accordance with all of the provisions of Chapter 141 of the Laws of
1960.[6]
The conferral of certain rights pursuant to Sections 34,
36 and 37 (N.J.S.A. 40:55D-46, 40:55D-48, and 40:55D-49) of the Municipal
Land Use Law prior to final approval after specific elements of a
development plan have been agreed upon by the Planning Board and the
applicant.
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.
The plat indicating the proposed layout of the development
which is submitted to the Planning Board for consideration and tentative
approval and meets the requirements of Chapters XVI and XVII.
A Master Plan, capital improvement program or other proposal
for land development adopted by the appropriate public body, or any
amendments thereto.
A dining room(s), open to all members of the public, whether
or not registered as guests of the facility providing overnight lodging.
[Added 4-20-1998 by Ord. No. 7-98]
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches or required along a natural stream or watercourse
for preserving the biological as well as drainage function of the
channel and providing for the flow of water to safeguard the public
against flood damage, sedimentation and erosion and to assure the
adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground, where practical, and to lessen nonpoint
pollution.
An open space area conveyed or otherwise dedicated to the
Township or a Township agency, board of education, state or county
agency or other public body for recreational or conservational uses.
All rights-of-way within the Township of Washington irrespective
of the manner in which they have been created and including paths,
trails or easements over which public access is permitted.
[Added 12-19-2005 by Ord. No. 44-05]
Visible from a public thoroughfare, public lands or buildings,
public pathways, trails or bicycle paths and navigable waterways.
[Added 3-17-1997 by Ord. No. 9-97]
The majority of the full authorized membership of a municipal
agency.[7]
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.
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
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.
Establishments for equestrian studies and instruction.
[Added 6-21-1993 by Ord. No. 17-93]
The line along a mountainside or hillside, which when viewed
from any public traveled way or public areas or public open space
appears to be the highest elevation of the mountain chain or line
of hills and represents a line marking or following that ridge top
as it appears when viewed from any public traveled way, public area
or public open space.
[Added 9-21-1998 by Ord. No. 30-98; amended 10-15-2001 by Ord. No. 30-01; 4-21-2003 by Ord. No.
15-03; 5-19-2003 by Ord. No. 19-03; 12-19-2005 by Ord. No. 44-05]
The area between the toe of slope and the edge of the plateau,
where there is one, or between the toe of slope and that point of
the mountain chain or line of hills which appears to be the highest
elevation when viewed from the public traveled way and/or public areas
or public open space.
[Added 12-19-2005 by Ord. No. 44-05]
A structure, such as a booth, used for the sale of agricultural,
forestry or horticultural products, the majority of which are produced
on the premises.
[Added 6-21-1993 by Ord. No. 17-93]
A dwelling unit containing rooms for rent providing lodging
and/or boarding of individuals.
Structures used to house seasonal agricultural workers complying
with applicable state and local codes and regulations.
[Added 6-21-1993 by Ord. No. 17-93]
The deposition of soil that has been transported from its
site or origin by water, ice, wind, gravity or other natural means
as a product of erosion.
Housing units provided for the the benefit of no more than
two permanent residents per household who are persons 55 years of
age or older. Nothing herein shall prohibit a spouse from residing
in such a development who is under the age of 55 years, provided that
such spouse is married to a person who is a minimum of 55 years of
age. No person under the age of 18 is permitted to be a permanent
resident with this zone.
[Added 2-21-2000 by Ord. No. 3-00]
Two or more retail commercial establishments located in one
building or structure designed as a planned commercial development,
as defined herein.
Any device for visual communication that is used for the
purpose of bringing the subject thereof to the attention of the public.
A sign which directs attention to a business, commodity,
service or other facility conducted, sold or offered elsewhere than
on the premises where the sign is located.
A sign which directs attention to a business, commodity,
service or other facility conducted, sold or offered upon the premises
where such sign is located or to which it is affixed.
A sign or placard having reference to the election of a particular
candidate to public office or to the adoption or rejection of any
public question or referendum at a special, primary or general election.
[Added 12-17-1990 by Ord. No. 37-90]
A sign in which the artificial light is not maintained constant
in intensity, color or frequency at all times when such sign is in
use.
The entire space within a single continuous perimeter enclosing
the extreme limits of a sign.
A sign or placard bearing a noncommercial message or expression
of political, governmental or public interest, but which does not
concern the election of a particular candidate to public office or
the adoption or rejection of any public question or referendum at
a special, primary or general election.
[Added 12-17-1990 by Ord. No. 37-90]
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the
lot, including but not necessarily limited to topography, vegetation,
drainage, floodplains, marshes and waterways.
The location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures, signs, lighting
devices and screening.
Any other information that may be reasonably
required in order to make an informed review and approval.
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 8-19-2002 by Ord. No. 32-02]
Standards:
Adopted by Chapter 217, Zoning, regulating noise levels, glare, earthborn or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects conditions and such other similar matters as may be reasonably required by the Township; or
Required by applicable federal or state laws
or municipal ordinances.
Those waters of the United States within the boundary of
the state or subject to its jurisdiction that are not wetlands.
[Added 12-19-2005 by Ord. No. 43-05]
Slopes of 15% or greater in gradient as measured utilizing
a two-foot contour interval.
[Added 8-21-1995 by Ord. No. 29-95]
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is no floor above it, then the space between the floor and the ceiling
next above it.
A partial story under a gable, hip or gambrel roof, the wall
plates of which on at least two opposite exterior walls are not more
than four feet above the floor of such story.
The bed and banks of a stream that confine and conduct continuously
or intermittently flowing water. Stream channels shall include all
watercourses shown on USGS quadrangle maps and/or the Morris County
Soil Survey; watercourses identified as state open waters by the NJDEP
(e.g., during the course of a wetlands delineation LOI or stream encroachment
permit process); or any flow path with a definable bed and banks regardless
of the size of the contributory drainage.
[Added 12-19-2005 by Ord. No. 43-05]
The stream channel and all the lands within the one-hundred-year
flood line on either side of that portion of the designated stream
or tributary. In cases where slopes greater than 20% abut the one-hundred-year
flood line, the area of such slopes shall be included in the stream
corridor.
[Added 12-19-2005 by Ord. No. 43-05]
For all Category 1 streams, a width of 300 feet on each side
of all stream corridors and open waters, measured perpendicular to
the edge of the stream corridor or open water, provided that if the
width of the stream corridor on a side of the designated stream, tributary
or open water exceeds 300 feet, no additional buffer area shall be
required on that side of the designated stream, tributary or open
water. For all other streams, a width of 100 feet on each side of
all stream corridors and open waters, measured perpendicular to the
edge of the stream corridor or open water, provided that if the width
of the stream corridor on a side of the designated stream, tributary
or open water exceeds 100 feet, no additional buffer area shall be
required on that side of the designated stream, tributary or open
water. For streams located within the preservation area, as defined
in the Highlands Water Protection and Preservation Act, buffers as
required under the act will apply.
[Added 12-19-2005 by Ord. No. 43-05]
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway;
or which is shown upon a plat heretofore approved pursuant to law;
or which is approved by official action as provided by the Municipal
Land Use Law; or which is shown on a plat duly filed and recorded
in the office of the county recording officer prior to the appointment
of a Planning Board and the grant to such Board of the power to review
plats; and includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas and other area within the street lines.
A street carrying traffic from collector streets.
A street which carries traffic from local streets to other
collector streets or to arterial streets. Collector streets shall
include:
Collector streets as designated in the Township
Master Plan.
Streets which serve as principal access streets
to existing or potential subdivisions having an aggregate development
potential of more than 100 dwelling units.
Streets which serve as principal access streets
to existing or potential substantial commercial or industrial facilities.
A street used primarily or access to the abutting properties.
A street which is parallel to and adjacent to an arterial
street or highway and which provides access to abutting properties
and protection from through traffic.
See "street, local."
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.
The vertical distance from the average of the finished grade
measured at the corners of a structure to the highest point of the
structure, provided that the maximum height at any corner may not
exceed the average height by more than 20%.
[Added 8-21-1995 by Ord. No. 27-95]
Commencing proceedings to effect a subdivision.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development. The following shall not be considered subdivisions within
the meaning of this chapter, if no new streets are created: divisions
of land formed 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; divisions of property
by testamentary or intestate provisions; divisions of property upon
court order, including but not limited to judgments of foreclosure;
consolidation of existing lots by deed or other recorded instrument;
and the conveyance of one or more adjoining lots, tracts or parcels
of land, owned by the same person or persons and all of which are
found and certified by the administrative office to conform to the
requirements of the municipal development regulations and are shown
and designed as separate lots, tracts or parcels on the Tax Map or
atlas of the municipality. The term "subdivision" shall also include
the term "resubdivision."
A Committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of reviewing subdivisions
in accordance with the provisions of this chapter and having such
duties relating to land subdivision which may be conferred on this
Committee by the Board.
A building designed for or occupied by no more than one family
or household and attached to other similar buildings or structures
by common fire-resistant walls extending from the foundation to the
roof and providing two direct means of access from the outside and
provided with separate cooking, sleeping and sanitary facilities and
separate facilities for electric service heating facilities and gas
service. For the purpose of this chapter, a townhouse may include
a building in fee simple, condominium or cooperative ownership or
any combination thereof.
The municipal official designated by the governing body as
the "Township Engineer."[8]
Every vehicle with or without motive power designed for carrying
persons or property and for being drawn by a motor vehicle and so
constructed that either:
[Added 6-16-2014 by Ord. No. 09-14]
A type or printed verbatim record of the proceedings or reproduction
thereof.
The disturbance in that area of land between the original
grade and the finished grade, adjacent to buildings, roads, driveways,
parking areas, septic systems, retaining walls and other like improvements.
[Added 8-21-1995 by Ord. No. 29-95]
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
Permission to depart from the literal requirements of a zoning
ordinance pursuant to Section 47 and Subsections 29.2b, 57c and 57d
(N.J.S.A. 40:55D-60, 40:55D-40b, 40:55D-70c and 40:55D-70d) of the
Municipal Land Use Law.
An open area, other than a right-of-way or public parking
area, used for display, sale or rental of new or used vehicles in
operable condition and where no repair work is done.
A housing unit, not exceeding 300 square feet and 13.5 feet
in height, designed and constructed specifically for year-round occupancy
by a United States veteran, which is not permanently erected upon
a lot and is constructed with wheels to facilitate mobility and relocation
within the community as may be necessary and desirable from time to
time.
[Added 9-17-2018 by Ord.
No. 14-18]
The ridgeline and/or that portion of the ridgeline, mountainside
and hillside protection area that is visible or which may be seen
from the public traveled way and/or public areas or public open space.
[Added 12-19-2005 by Ord. No. 44-05]
A flow path which conveys surface water runoff which has
a defined bed and banks.
[Added 3-21-2005 by Ord. No. 8-05]
Buildings and/or structures for the delivery of low power
wireless radio telecommunications through a network.
[Added 3-17-1997 by Ord. No. 9-97]
A fenced-in area which houses wireless telecommunications
buildings, antennas, equipment and/or towers.
[Added 3-17-1997 by Ord. No. 9-97]
A vertical structure designed to support wireless telecommunications
antennas, which may be of monopole or self-supporting or guyed-lattice
construction.
[Added 3-17-1997 by Ord. No. 9-97]
The portion of a farm which is generally unsuitable for cultivation
and largely covered with trees or other noncultivated vegetation.
[Added 6-21-1993 by Ord. No. 17-93]
An open space which lies between the principal or accessory
building or buildings and the nearest lot line, unoccupied and obstructed
from the ground upward except as herein permitted. Yards shall also
be the open space extending between structures. The minimum distance
between buildings in developments where there is more than one building
on a lot shall be the sum of the two yards of the structures, and
in no event shall two structures be closer to one another than the
sum of both side yards.
An open space extending across the full width of the lot,
measured from and at right angles to the front lot line, unoccupied
and unobstructed from the ground upward except as may be specified
elsewhere in this chapter. For a new principal building, the front
yard setback shall be measured from the front lot line or the existing
front street sideline or the nearest existing edge of the front street
pavement and the nearest line of any building on said lot, whichever
results in the greatest setback from the street.
[Amended 9-16-2013 by Ord. No. 16-13]
A yard extending across the full width of the lot measured
from and at right angles to the rear lot lines, unoccupied and unobstructed
from the ground upward except as may be specified in this chapter.
An open, unoccupied space measured from and at right angles
to the side line of the lot and extending from the minimum front yard
to the minimum rear yard.
A document signed by the administrative officer which:
Is required by ordinance as a condition precedent
to the commencement of a use or the erection, construction, reconstruction,
alteration, conversion or installation of a structure or building.
Acknowledges that such use, structure or building complies with the provisions of Chapter 217, Zoning, or variance therefrom duly authorized by a municipal agency pursuant to Sections 47 and 57 (N.J.S.A. 40:55D-60 and 40:55D-70) of the Municipal Land Use Law.
[2]
Editor's Note: The Phase I Geologic Investigation
Checklist is included at the end of this chapter.
[3]
Editor's Note: See N.J.S.A. 40:55D-28.
[5]
Editor's Note: See N.J.S.A. 40:55D-32 et seq.
[6]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
[7]
Editor's Note: The definitions of "recreation,
commercial," "recreation, commercial private" and "recreation, noncommercial
private," which immediately followed this definition, were repealed
3-20-2000 by Ord. No. 2-00.
[8]
Editor's Note: The former definition of "trailer or mobile
home," which immediately followed this definition, was repealed 6-16-2014
by Ord. No. 09-14. See now the respective individual definitions for
"trailer" and "mobile home."
