Township of Ewing, NJ
Mercer County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
For the purpose of this chapter, certain phrases and words are herein defined; whenever used in this chapter they shall have the meaning set forth in this section, except when the context indicates a clearly different meaning. Any word or term defined herein shall be used with a meaning of standard usage. Moreover, whenever a term is used in the chapter which is defined in N.J.S.A. 40:55D-1 et seq., such term is intended to have the meaning as defined in N.J.S.A. 40:55D-1 et seq., unless specifically defined otherwise in this chapter. Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word "used" includes the meaning "designed," "redesigned," "arranged," "constructed," "altered," "converted," "rented," "leased" or "intended to be used;" the word "shall" is mandatory and not discretionary, and the word "may" indicates a permissive action.
[Amended by Ord. No. 1989-30; Ord. No. 1991-22; Ord. No. 1993-22; Ord. No. 1994-3; 2-8-2000 by Ord. No. 00-02; 3-31-2000 by Ord. No. 00-08]
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY APARTMENT
A dwelling unit in an owner-occupied single-family residence for which no rent or other fee is chargeable, used exclusively as living quarters by a person(s) over the age of 60 or handicapped, or incompetent, related by blood or marriage to the owner.
ACCESSORY BUILDING, STRUCTURE OR USE
A building, structure or use which serves a principal building or principal use; is subordinate in area, extent or purpose to the principal building or principal use served; contributes to the comfort, convenience or necessity of occupants of the principal use served; is customarily associated with the principal building or principal use served; is appropriate to the principal building or principal use served; and is located on the same lot as the principal building or principal use served. An accessory building attached to a principal building shall be considered part of the principal building.
ADMINISTRATIVE OFFICER
The Secretary of the Planning Board for the Planning Board and Zoning Officer for the Board of Adjustment, unless a different municipal official is designated by this chapter to administer certain of the responsibilities and authorities specified for the Administrative Officer in N.J.S.A. 40:55D-1 et seq.
ADULT BOOKSTORE
A bookstore having as a substantial or significant portion of its stock-in-trade publications, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this section.
[Added 6-11-2013 by Ord. No. 13-18]
ADULT ESTABLISHMENT
An adult bookstore, adult motion-picture theater, adult mini-motion-picture theater, adult video store or a sexually oriented business, as defined in this section.
[Added 6-11-2013 by Ord. No. 13-18]
ADULT MINI MOTION-PICTURE THEATER
An enclosed building with a capacity for fewer than 50 persons, used for presenting motion pictures, a substantial or significant portion of which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this section, for observing by patrons therein.
[Added 6-11-2013 by Ord. No. 13-18]
ADULT MOTION-PICTURE THEATER
An enclosed building with a capacity of 50 or more persons used for presenting motion pictures, a substantial or significant portion of which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this section, for observation by patrons therein.
[Added 6-11-2013 by Ord. No. 13-18]
ADULT VIDEO STORE
An establishment or business having as a substantial or significant portion of its stock-in-trade films, slides or movies consisting of material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein.
[Added 6-11-2013 by Ord. No. 13-18]
ADVERSE EFFECT
Conditions or situations creating, imposing, aggravating or leading to impractical, unsafe or unsatisfactory conditions on the subject property, on an adjacent property or properties, or on other areas within or outside of the Township, including, but not limited to, improper circulation or drainage rights-of-way, inadequate drainage facilities, insufficient street width, unsuitable street grades, unsuitable street locations to accommodate prospective traffic or coordinate and compose a convenient system, locating lots or developing property in a manner not adaptable for the intended purpose without danger to health or peril from flood, fire, erosion or other menace, providing for lots of insufficient size or structures of excessive size in relation to the lot and surrounding buildings, and neither providing nor making future allowance for access to the interior portion of a tract or for other facilities required by this chapter.
[Amended 3-10-2009 by Ord. No. 09-04]
ADVERTISING STRUCTURE
A structure of any kind or character erected, used, or maintained for outdoor advertising purposes, upon which any poster, bill, printing, painting or other advertisement of any kind whatsoever may be placed, including statuary, for advertising purposes. "Advertising structure" does not include:
[Added 4-9-2013 by Ord. No. 13-13]
A. 
Official notices issued by any court or public body or officer;
B. 
Notices posted by any public officer in performance of a public duty or by any person in giving legal notice;
C. 
Directional, warning or information structures required by or authorized by law or by federal, state or county authority;
D. 
A structure erected near a city or county boundary, which contains the name of such city or county and the names of, or any other information regarding, civic, fraternal or religious organizations located therein.
AFFORDABLE HOUSING
Any housing unit with an acquisition price or rent level not exceeding the maximum resale or rent level for low- and moderate-income housing set forth in N.J.A.C. 5:93-11.
[Added 5-8-2001 by Ord. No. 01-15]
ALTERATION, STRUCTURAL
Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, except such change as may be required for safety, or any substantial change in the roof or in the exterior walls, not including, however, changes in doors and windows or alterations which affect primarily the appearance and not the life of the structure. Any addition to a building or moving a building from one site, location or position to another.
ANCILLARY SIGN
A wall or shingle sign, whose purpose is to supplement the principal identification signage of an office of business use, and which is smaller in area and secondary in location to such principal signage.
[Added 4-9-2013 by Ord. No. 13-13]
ANIMAL HOSPITAL
A place where lost, abandoned or unclaimed animals are boarded and cared for until adopted or put to sleep or where animals or pets are given medical or surgical treatment. Use as a kennel shall be limited to short-term boarding and shall be incidental to such hospital use.
ANIMAL KENNEL
Any building, structure or premises in which dogs and other domestic animals or pets are kept, boarded, bred or trained for commercial gain. The keeping of more than three adult animals of any one kind (e.g., more than three dogs, more than three cats, etc.), or the breeding and advertisement for sale of more than two litters of the same type of domestic animal per twelve-month period, or the maintenance of more than two dog pens, shall constitute prima facie evidence of the operation of a kennel business for purposes of enforcing the sections of this chapter regarding permitted uses in any zone. For the purpose of this chapter, an adult animal shall be 14 months old or older.
ANIMATED SIGNAGE
A sign or part of a sign which changes physical position by any movement or rotation but not including rotating panels which are integrated within an outdoor general advertising device.
[Added 4-9-2013 by Ord. No. 13-13]
ANTIOUE DEALERS
Establishments specializing in works of art, collections in illustration of the progress of the arts, works in bronze, wood, marble, terra cotta, parian, pottery or porcelain, artistic antiquities and objects of ornamental character or educational value.
[Added 6-11-2013 by Ord. No. 13-18]
APPLICANT
A developer, landowner, or the agent, optionee, contract purchaser or other person authorized to act for and acting for the landowner, submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application or appeal from all accompanying documents required by this chapter for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction for the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.
A. 
A tentative, nonbinding conceptual approval, whereby neither the applicant nor Board is bound by such approval.
B. 
The conferral of certain rights, pursuant to this chapter and prior to final approval, after specific elements of a subdivision or site plan have been agreed upon by the Board and the applicant.
C. 
The official action of the Board taken on a preliminary approved major subdivision or site plan, or portions thereof, after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.
APPROVING AUTHORITY
The Board of the municipality unless a different agency is designated by ordinance when acting pursuant to the authority of this chapter.
ART STUDIO/ATELIER
A space devoted to the production of art and the training of artists to develop skills related to design, ranging from architecture to product design and art.
[Added 6-11-2013 by Ord. No. 13-18]
AWNING SIGN
Any sign or message that is mounted, painted or otherwise attached to an awning or other exterior window or door covering that is permitted by this chapter.
[Added 4-9-2013 by Ord. No. 13-13]
BAIL BOND AGENT/BAIL BONDSMAN
Any person or corporation that will act as a surety and pledge money or property as bail for the appearance of persons accused in court. Although banks, insurance companies and other similar institutions are usually the sureties on other types of contracts (for example, to bond a contractor who is under a contractual obligation to pay for the completion of a construction project), such entities are reluctant to put their depositors' or policyholders' funds at the kind of risk involved in posting a bail bond.
[Added 6-11-2013 by Ord. No. 13-18]
BANNER
A rectangular-shaped fabric sign not permanently attached to a structure; a temporary bracket or device may support the banner.
[Added 4-9-2013 by Ord. No. 13-13]
BASEMENT
An enclosed building space partly or completely below grade. It shall be considered a story only if more than 1/3 of the perimeter walls are five feet or more above the grade and if the net area of the door and window openings in the exterior walls are at least equal to 10% of the enclosed basement floor area.
BEDROOM SUITE
Self-contained habitable space that is larger than 150 square feet that contains a private bath or washroom and may contain more than one closet.
[Added 7-24-2018 by Ord. No. 18-17]
BEDROOM UNIT
Self-contained habitable space serving no more than double occupancy and containing no more than one closet, with no private bath or washroom. Any bedroom larger than 220 square feet may be counted as more than one-bedroom unit per the International Property Maintenance Code occupancy standards which would allow up to four occupants.
[Added 7-24-2018 by Ord. No. 18-17]
BILLBOARD
See "off-premises sign."
[Added 4-9-2013 by Ord. No. 13-13]
BIORETENTION CELLS
Development practices that use plants and soils to remove pollutants and allow recharge of groundwater by water infiltration. Examples include, without limitation, those measures giving off the appearance of a landscaped island, and designed to temporarily store and treat stormwater runoff in areas such as parking lots.
[Added 3-18-2013 by Ord. No. 13-08]
BIOSWALES/BIOFILTRATION
Shallow impoundments designed to infiltrate runoff into the soil and recharge groundwater.
[Added 3-18-2013 by Ord. No. 13-08]
BLOCK
An area bounded by streets.
BOARD
The Planning Board or Board of Adjustment established under this chapter.
BOARDINGHOUSE
Any building, together with any related structure, accessory building, any land appurtenant thereto, and any part thereof, which contains two or more units of dwelling space arranged or intended for single-room occupancy, exclusive of any such unit occupied by an owner or operator, and wherein personal or financial services are provided to the residents, including any residential hotel or congregate living arrangement, but excluding any hotel, motel or established guesthouse wherein a minimum of 85% of the units of dwelling space are offered for limited tenure only, any resource family home as defined in Section 1 of P.L.1962, c. 137 (N.J.S.A. 30:4C-26.1), any community residence for the developmentally disabled and any community residence for the mentally ill as defined in Section 2 of P.L.1977, c. 448 (N.J.S.A. 30:11B-2), any adult family care home as defined in Section 3 of P.L.2001, c. 304 (N.J.S.A. 26:2Y-3), any dormitory owned or operated on behalf of any nonprofit institution of primary, secondary or higher education for the use of its students, any facility or living arrangement operated by, or under contract with, any state department or agency, upon the written authorization of the Commissioner, and any owner-occupied, one-family residential dwelling made available for occupancy by not more than six guests, where the primary purpose of the occupancy is to provide charitable assistance to the guests and where the owner derives no income from the occupancy. A dwelling shall be deemed "owner-occupied" within the meaning of this section if it is owned or operated by a nonprofit religious or charitable association or corporation and is used as the principal residence of a minister or employee of that corporation or association. For any such dwelling, however, fire detectors shall be required as determined by the Department of Community Affairs.
[Added 3-18-2013 by Ord. No. 13-08]
BODY ART
The practice of physical body adornment by permitted establishments and operators utilizing, but not limited to, the following techniques: body piercing, tattooing, cosmetic tattooing, branding and scarification, and the placement of pigments, trimming, or filing of the nails.
[Added 6-11-2013 by Ord. No. 13-18]
BODY PIERCING ESTABLISHMENT
Any room or space where body piercing is practiced or where the business of body piercing is conducted or any part thereof. The process of penetrating the skin or mucous membrane for the purpose of insertion of any object, including but not limited to jewelry for cosmetic purposes. The term also includes the intentional production of scars upon the body.
[Added 6-11-2013 by Ord. No. 13-18]
BUFFER STRIP
See "landscape buffer."
BUILDING
A structure enclosed within exterior walls or fire walls, built, erected and framed of component structural parts, designed for housing, shelter, enclosure and support of individuals, animals or property of any kind.
BUILDING COVERAGE
See "coverage."
BUILDING HEIGHT
The vertical dimension of a structure as measured from the average level of the finish grade along the exterior wall of the structure facing the nearest street to the highest part of the structure.
BUILDING LINE
A line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of a building on any side. In the case of a cantilevered section of a building, the vertical plane will coincide with the most projected surface, except where herein defined. All measurements shall be taken between the building and the lot line.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use of the site on which it is situated.
BULK
The term used to describe the size of buildings or other structures and their relationship to each other and to open areas, such as, but not limited to, yards and lot lines, and therefore includes:
A. 
The size, height and areas of buildings and structures;
B. 
The relation of the number of dwelling units in a residential building to the area of the lot; and
C. 
All open areas in yard space relating to buildings and other structures.
CAMPER
See "recreational vehicles."
CAPITAL IMPROVEMENT
A governmental acquisition of real property or a major construction project.
CARTWAY
The hard paved surface of a street customarily used by vehicles in the regular course of travel. Where there are curbs, the cartway is the portion between the curbs. Where there are no curbs, the cartway is that portion between the edges of the paved width or traveled way.
CELLAR
That portion of a building having more than 50% of its clear height below the average finished contact grade along the outside walls of the building. A cellar, as defined, shall not be considered a habitable space.
CEMETERY
Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries when operating in conjunction with and within the boundaries of such cemeteries.
CERTIFICATION OF OCCUPANCY
A certificate issued by the construction code enforcement official upon completion of the construction of a principal, accessory or conditional use, or upon a change in the use of a principal, accessory or conditional use, which certifies that all requirements of this chapter, or such relief therefrom as has been granted pursuant to N.J.S.A. 40:55D-70c or 40:55D-70d or N.J.S.A. 40:55D-34 or 40:55D-36, and all other applicable requirements, have been complied with.
CERTIFICATION
A signed, written statement by the appropriate officer that specific construction, inspection, tests or notices, where required, have been performed and that such comply with this chapter.
CHANGE IN USE
The use of a building or land which is in any manner different from the previous use by way of function, operation, extent, products sold or manufactured, or external impact, but not including a change in ownership or occupancy unless the nature of intensity of the use, as described above, is changed.
CHECK CASHING
An establishment or person who, for compensation, provides currency in exchange for payment instrument received.
[Added 6-11-2013 by Ord. No. 13-18]
CHILD-CARE CENTER
A facility duly licensed by the New Jersey State Department of Human Services for the daytime accommodation of six or more children. Child-care centers shall be a permitted use in all nonresidential districts of a municipality. The floor area occupied in any building or structure as a child-care center shall be excluded in calculating any parking requirements otherwise applicable to the number of units or amount of floor space, as appropriate, under state or local laws or regulations adopted thereunder, and the permitted density allowable for that building or structure under any applicable municipal zoning ordinance.
CIRCULATION
Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.
CLUSTER DEVELOPMENT
The development of an area as a single entity according to a plan and containing single-family detached residential dwelling units, not exceeding the number of units possible through conventional development for that area, which have a common public open space area as an appurtenance.
COAH
The New Jersey Council on Affordable Housing established under the Fair Housing Act of 1985, which has primary jurisdiction for the administration of low- and moderate-income housing obligation in accordance with sound regional planning considerations in the state.
[Added 5-8-2001 by Ord. No. 01-15]
COMMERCIAL/RETAIL USES
Any activity involving the sale of goods or services (retail, outlet, wholesale, food service, etc.) conducted for profit, including sales conducted outside the building.
[Added 7-26-2011 by Ord. No. 11-17]
COMMERCIAL ROOMING STRUCTURE
An owner- or non-owner-occupied building, or portion thereof, containing one or all of the following characteristics: (i) six or more bedroom units intended for individual occupancy; (ii) three or more bedroom suites; (iii) three or more private bathrooms; or (iv) two or more kitchen and kitchenette spaces. Kitchen or kitchenette located in a recreation room of a basement not considered primary living space or is designed to meet minimal living space requirements are excluded.
[Added 7-24-2018 by Ord. No. 18-17]
COMMON PROPERTY
A parcel of land or an area of water, or a combination of land and water, together with improvements thereon, designed and intended for the ownership, use and enjoyment of and shared by the owners of such property. Common property may include, but is not limited to, developed and undeveloped open spaces, recreational buildings, facilities and amenities, parking facilities, private streets, walks and walkways, and landscaped detention basins. Such property shall be owned, regulated and maintained by a homeowners' association pursuant to all requirements of this chapter.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
Any community residential facility licensed pursuant to P.L. 1977, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to, group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the Health Care Facilities Planning Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.). In the case of such a community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services. As used in this definition, "developmentally disabled person" means a person who is developmentally disabled as defined in section 2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2), and "mentally ill person" means a person who is afflicted with a mental illness as defined in N.J.S.A. 30:4-23, but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.
[Added 2-27-2003 by Ord. No. 03-07]
COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIES
A community residential facility licensed pursuant to P.L. 1977, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than 15 persons with head injuries who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to; group homes, halfway houses, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the Health Care Facilities Planning Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.).
[Added 2-27-2003 by Ord. No. 03-07]
COMMUNITY RESIDENCE FOR THE TERMINALLY ILL
Any community residential facility operated as a hospice program providing food, shelter, personal guidance and health care services, under such supervision as required, to not more than 15 terminally ill persons.
[Added 2-27-2003 by Ord. No. 03-07]
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
Any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, c. 337 (N.J.S.A. 30:14-1 et seq.), providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.
[Added 2-27-2003 by Ord. No. 03-07]
COMPLETE APPLICATION
An application for development shall be complete for purposes of commencing the applicable time period for action by the Planning Board or Zoning Board of Adjustment, as the case may be, when so certified by the Board or its authorized designee as indicated in Article VIII of this chapter. In the event the application is not certified to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period for action by the Board unless the application lacks information indicated on a checklist adopted by ordinance and provided to the applicant and the Board or its authorized designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the Board or its designee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he/she is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval are met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Board.
CONDITIONAL USE
See "use, conditional."
CONGREGATE LIVING FACILITY
A building or part thereof that contains six or more sleeping units where an individual or family has a private bedroom or living quarters but shares with other residents a common dining room, recreational room, or other facilities.
[Added 7-24-2018 by Ord. No. 18-17]
CONSIGNMENT SHOP
The placing of any material in the hand of another, but retaining ownership until the goods are sold or person is transferred. This may be done for shipping, transfer of goods to auction, or for sale in a store. To consign means to send and therefore consignment means sending goods to another person. In case of consignment, goods are sent to the agent for the purpose of sale. The ownership of these goods remains with the sender. The agent sells the goods on behalf of the sender, according to his instructions. The sender of goods is known as "consignor" and the agent is known as the "consignee."
[Added 6-11-2013 by Ord. No. 13-18]
CONSOLIDATION OF LOTS
The joining of two or more existing lots by deed, plan or other recorded instrument.
CONSTRUCTION CODE ENFORCEMENT OFFICIAL
A qualified person appointed by the municipal appointing authority to enforce and administer the regulations of the Uniform Construction Code, also known as a Construction Official.
CONSTRUCTION OFFICIAL
A qualified person appointed by the municipal appointing authority to enforce and administer the regulations of the Uniform Construction Code.
CONSTRUCTION SITE
The location of a building or site improvement project for which a building or other development permit has been issued and involving at least 100 square feet of floor area or 200 square feet of site area.
[Added 4-9-2013 by Ord. No. 13-13]
[Added 6-9-2015 by Ord. No. 15-17]
A. 
Typically between 2,500 and 6,000 square feet;
B. 
Has off-street parking and/or convenient pedestrian access;
C. 
Extended hours of operation with many open 24 hours, seven days a week;
D. 
Stock at least 500 stock-keeping units (SKUs); and
E. 
Product mix includes grocery-type items, and also includes items from the following groups: beverages, snacks (including confectionery), and tobacco.
CONVENIENCE STORE
A retail establishment selling primarily food products, cigarettes, auto products, household items, newspapers and magazines, candy, and beverages, a limited amount of freshly prepared foods such as sandwiches and salads for both on- and off-premises consumption, and which may have a related, adjacent automobile gas dispensing service station.
[Added 7-26-2011 by Ord. No. 11-17]
CONVENTIONAL DEVELOPMENT
Development other than cluster development.
COUNTY MASTER PLAN
A composite of the Master Plan for the physical development of Mercer County, with the accompanying maps, charts, plats and descriptive and explanatory matter adopted by the Mercer County Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4.
COUNTY PLANNING BOARD
The Mercer County Planning Board, as defined in § 1 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.1 et seq.).
COURT PARKING
A space connected at one end to either a public or private street, bounded on at least two sides by buildings, and containing parking facilities, landscaping elements, walkways, lighting and other similar facilities constructed to service a development.
A. 
The proportion of the lot or tract area, expressed as a percentage of the total lot or tract area, which is covered by the horizontal plane around the periphery of the foundations of the principal building and all accessory buildings.
B. 
The proportion of the lot or tract area, expressed as a percentage of the total lot or tract area, which is covered by impermeable surfaces which do not absorb surface water directly into the underlying ground, including, but not limited to, parking lots, streets, driveways, aisles, walkways and any other hardscape surface.
C. 
A percentage figure, calculated by dividing the total lot or tract areas into the sum of the total building and the total area devoted to impervious or improvement coverage, as defined.
CUL-DE-SAC
The turnaround at the end of a dead-end private or public street, constructed in conformance with this chapter.
CUL-DE-SAC (TEMPORARY)
A vehicular turnaround, at a temporary dead-ended street, developed for the convenience of residents, service agencies and emergency equipment; geometry and location to be determined by the Board. Responsibility for demolition and reparation of the temporary cul-de-sac area shall remain with the adjacent applicant responsible for the street extension.
CURB LEVEL
The officially established grade of the curb in front of the midpoint of the site.
DAYS
Calendar days.
DECORATIVE BANNER
A banner used for decorative purposes only and not intended or used to identify or draw attention to any business, product or service.
[Added 4-9-2013 by Ord. No. 13-13]
DEDICATION
For roads and other public purpose, shall mean a deeding of acceptance of land by the Township or county, including, but not limited to:
A. 
Additional rights-of-way for street or road widening;
B. 
Sight triangles at street intersections;
C. 
Utility installations;
D. 
Open spaces for parks and active and passive recreation;
E. 
School sites; and
F. 
Drainage along stream valleys.
DENSITY, GROSS
The total number of dwelling units on a given tract of land divided by the total number of acres in the tract including the area devoted to streets built in conjunction with the development and all land set aside or dedicated for public or common use or open space, including easements and rights-of-way.
DETENTION BASIN
A drainage water management structure and its appurtenances designed and maintained to retard water runoff generated as a result of development.
DEVELOPER
The legal or beneficial owner or owners of a lot or any land included in a proposed development, including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or any mining, excavation or landfill, and any use or changes in use of any building or other structure or extension of use of land, for which permission may be required pursuant to this chapter.
DEVELOPMENT FEES
Money paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted in N.J.A.C. 5:93-8 et seq.
[Added 5-8-2001 by Ord. No. 01-15]
DEVELOPMENT REGULATION
A zoning, subdivision, site plan or official map ordinance or other municipal regulation controlling the use or development of land, or amendments thereto, adopted and filed pursuant to this chapter.
DELAWARE AND RARITAN CANAL COMMISSION
A commission created by the State of New Jersey with the responsibility of protecting the Delaware and Raritan Canal State Park, particularly with respect to the impact which may be produced by development in the area of the review zone and any adverse effect to the future Master Plan of the Canal Park. All development in the Township must be reviewed and approved by the Commission prior to final approval by the Board.
DIRECTORY-OF-OCCUPANTS SIGN
A sign or plate listing the tenants or occupants of a building or buildings and which may indicate their respective professions or business activities.
[Added 4-9-2013 by Ord. No. 13-13]
DOG KENNEL
See "animal kennel."
DORMITORY
Non-owner-occupied building, or portion thereof, designed or converted to contain living quarters, or in a series of closely associated rooms, containing three or more bedroom suites (containing bed, closet and/or private bathrooms) and one or more shared kitchen units that is occupied or intended to be occupied for persons not members of the same family group, under joint occupancy and single management, as in college dormitories or fraternity houses, which are provided as residences or for overnight sleeping for individuals or groups, operated as an accessory use to a school, college, university, boarding school, convent, monastery, nonprofit educational institution, religious order, or other.
[Added 7-24-2018 by Ord. No. 18-17]
DRAINAGE
The removal of surface water or groundwater from land by drains, grading or other means and including the control of runoff to minimize erosion and sedimentation during and after construction or development and the means necessary for water supply preservation or prevention or alleviating of flooding.
DRAINAGE AND UTILITY RIGHTS-OF-WAY OR EASEMENTS
The lands required for the installation and maintenance of stormwater and sanitary sewers, detention basins, water pipes or drainage ditches and other utilities, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage. This also includes utility easements granted to Public Service Electric and Gas Company, New Jersey Bell Telephone Company, Ewing-Lawrence Sewerage Authority or other utility companies.
DRIVEWAY
An adequately maintained private roadway providing access from a publicly owned road, street or highway to off-street parking facilities and/or structures including dwellings, all situated within a lot.
DWELLING UNIT
A room or series of connected rooms wholly used for residential purposes and containing living, cooking, sleeping and sanitary facilities for one housekeeping unit. The dwelling shall be self-contained and shall not require the use of outside stairs to other than the first floor, the passing through another dwelling or other indirect route(s) to get to any portion of the dwelling, nor shall there be sharing of facilities with other housekeeping units. A dwelling unit may not contain more than six bedroom units, or four bedroom units and two bedroom suites. The dwelling may not contain more than two private bathrooms serving a bedroom or group of bedrooms not directly opening to a common hallway. Dwelling units may contain more than one kitchen with such kitchen being permitted within a basement area that is with or without a recreational area; excluding outdoor grill/kitchen areas. Dwellings exceeding these standards are considered commercial rooming units unless owner occupied. Owner-occupied units exceeding these standards will be considered single-family homes subject to site plan review and approval by the Planning Board. A dwelling unit containing more than six bedroom units, or four bedroom units and two bedroom suites, or more than two private bathrooms serving a bedroom or group of bedrooms not directly opening to a common hallway, or dwelling units containing more than two kitchens outside a recreational area located within a basement area requires site plan review and approval by the Planning Board.
[Amended 7-24-2018 by Ord. No. 18-17]
DWELLING UNIT, SINGLE-FAMILY ATTACHED (TOWNHOUSE)
A single-family attached unit, separated by a soundproof and fire wall along a lot line/party wall, extending from the ground to the roofline, situated in a building of not less than three units nor more than six units, except as provided herein, with distinct and noncommunicating parts, no two dwelling units served by the same exterior door, and each dwelling unit having a front and rear door.
DWELLING UNIT, SINGLE-FAMILY DETACHED
A residential dwelling physically detached from other buildings or portions of buildings and which has its own sleeping, cooking, sanitary and general living facilities.
DWELLING UNIT, MULTIFAMILY (APARTMENTS)
A building or group of buildings not more than 2 1/2 stories in height, designed as a single architectural and maintenance project, in which no building shall contain less than six dwelling units nor more than 12 dwelling units and common hallways are not used. No portion of any such building or buildings below the first floor or above the second floor shall be included as habitable floor area, and each apartment unit shall be served by at least one door directly to the outside.
DWELLING UNIT, MULTIFAMILY (TOWNHOUSE)
A single-family attached multifloor unit, situated in a building of not more than three stories and 45 feet in height, and not less than three units nor more than 12 units, no two dwelling units served by the same exterior door, and each dwelling unit having two points of ingress and egress; a portion of one unit may be located over and/or share a story with another unit.
[Added 5-23-2006 by Ord. No. 06-18]
EASEMENT
A use or burden imposed on real estate by deed or other legal instruments to permit the use of private land by other persons, the Township or other governmental authorities for public or quasi-public uses.
ELECTRIC SIGNAGE / DIGITAL DISPLAY
Signage the display messages electronically.
[Added 4-9-2013 by Ord. No. 13-13]
ENGINEER
The Township Engineer.
ENTRY FACADE
A facade which contains or incorporates within its borders the primary public entry. The entry facade area is that portion of the structure corresponding to an individual activity or occupant situated therein and shall be measured horizontally and vertically to the limits of the activity. In case of freestanding circular or multifaceted structures containing one individual activity or occupant, horizontal distance shall be limited to 1/4 of the building perimeter measured along the outside of the foundation wall at grade.
[Added 4-9-2013 by Ord. No. 13-13]
ENVIRONMENTAL COMMISSION
A Township advisory body created pursuant to P.L. 1968, c. 245 (N.J.S.A. 40:56A-1 et seq.).
EQUALIZED ASSESSED VALUE
The value of property determined by the Township Tax Assessor through a process designed to ensure that all property in the Township is assessed at the same assessment ratio or ratios required by law. The Tax Assessor, utilizing estimates for construction cost, may obtain estimates at the time of building permit. Final equalized assessment will be determined at project completion by the Tax Assessor.
[Added 5-8-2001 by Ord. No. 01-15]
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice and gravity.
EROSION AND SEDIMENT CONTROL PLAN
A comprehensive plan indicating the required land treatment measures, including a schedule of timing for their installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be equivalent to or exceed standards adopted by the New Jersey Soil Conservation Commission and administered by the Mercer County Soil Conservation District.
EXCESS ENERGY
That energy produced beyond the annual average energy residential use.
[Added 9-12-2017 by Ord. No. 17-23]
EXISTING GASOLINE SERVICE STATION
Any land and associated buildings and structures whose primary function is the retail dispensing of vehicular fuel, which was in existence prior to January 1, 1991, and may include such secondary or accessory functions as may be related to the primary function with the exception of car wash operations, car or truck rental, and parking for a fee.
EXPANSION OF USE
The addition to, enlargement of or increase in the structure(s) or parking areas necessary to a land use activity or the level at which such activity is carried on, including, but not limited to, noise, glare, traffic or other measurable effects generated by the activity.
FACADE
The total wall surface, including door and window area, of a building's principal face.
[Added 4-9-2013 by Ord. No. 13-13]
FAMILY
Any number of persons related by blood, adoption, marriage, or living together as a single housekeeping unit and using certain rooms and housekeeping facilities in common.
FAMILY DAY-CARE HOME
The private residence of a family day-care provider which is registered as a family day-care home pursuant to the Family Day Care Provider Registration Act, P.L. 1987, c. 27 (N.J.S.A. 30:5B-16 et seq.) and approved by the Division of Youth and Family Services. When care is provided for payment, the number of children unrelated to the provider may be no less than three and no more than five and care must be for not less than 15 hours a week. Pursuant to N.J.S.A. 40:55D-66.5b, family day-care homes shall be a permitted use in all residential districts of a municipality. The requirements for family day-care homes shall be the same as for single-family dwelling units located within such residential districts as per N.J.S.A. 40:55D-66.5b.
FARM
An area of land consisting of at least five contiguous acres actively devoted to agricultural or horticultural uses and/or the ownership, care, breeding or raising of animals. Farm activity shall be deemed to include on-site residences for farm owners and employees. Customary accessory uses, such as, but not limited to, barns, silos, garages, storage buildings, greenhouses, equipment, machinery and trucks are included in this definition, except that commercial piggeries are excluded.
FAST-FOOD ESTABLISHMENTS
Any establishment, which provides as a principal use, the sale of food, frozen desserts, or beverages in ready-to-consume state for consumption either within the restaurant, within a motor vehicle parked on the premises, or off-premises, and whose design or principal method of operation includes one or more of the following characteristics:
[Added 8-13-2013 by Ord. No. 13-32]
A. 
Food, frozen desserts, or beverages are served in edible containers or in paper, plastic or other disposable containers. Eating utensils, if provided, are disposable.
B. 
Food, frozen desserts, or beverages are usually served over a general service counter for the customer to carry to a seating facility within the restaurant, to a motor vehicle or off-premises. If consumed on premises, customers generally are expected to clear their own tables and dispose of their trash.
C. 
Forty-five percent or more of the gross floor area of the establishment is devoted to food preparation, storage and related activities which space is not accessible to the general public.
D. 
Food, frozen desserts, or beverages are served to the occupants of motor vehicles while seated therein, such as through a drive-in window.
E. 
For the purpose of this chapter, a fast-food restaurant shall not be deemed an eating establishment.
FILL
Sand, gravel, earth or other materials of any composition placed or deposited by any person or persons.
FILTER STRIPS
Densely vegetated, often grassed areas that accept sheet flow runoff from adjacent surfaces, designed to slow runoff; filter out sediment and other pollutants; and enhance infiltration of surface water runoff.
[Added 3-18-2013 by Ord. No. 13-08]
FINAL APPROVAL
See "approval."
FINAL PLAT
See "plat or plan."
FIRE LANE
An area of paved surface, clearly defined by pavement markings and signs, at least 12 feet wide, along the facade of shopping centers and groups of stores and offices containing a gross floor area of 10,000 square feet or more.
FIRE PROTECTION SUBCODE OFFICIAL
A qualified person appointed by the Township Council to enforce those portions of any subcode specifically designated for such enforcement in Subchapter 3 of the Uniform Construction Code.
FIRE ZONE
An area clearly delineated and marked to facilitate access to hydrants and buildings and as designated by the chief of the fire district in which the building, structure or use is situated.
FLASHING SIGN
An illuminated sign in which the artificial light is intermittent or is not maintained in a stationary position or constant intensity.
[Added 4-9-2013 by Ord. No. 13-13]
FLOOD
A temporary overflow of lands not normally covered by water usually caused by a rise in streamflow due to an accelerated accumulation of runoff of surface water from any source. This does not include ponding of surface water.
FLOOD CREST
The maximum state or elevation reached by the water of a flood at a given location.
FLOOD DESIGN
The relative size or magnitude of a flood, expressed as a design discharge in cubic feet per second, which is developed from hydrologic criteria and flood potential and is the basis of the delineation of the floodway and the flood hazard area and of the water surface elevation thereof.
FLOOD DESIGN PROFILE
The elevation of the water surface of the floodway design flood and the flood hazard area design flood as shown on flood maps.
FLOOD ENCROACHMENT
Any obstruction within a delineated floodway.
FLOOD-FRINGE AREA
The portion of the flood hazard area beyond the floodway.
FLOOD HAZARD AREA
That area encompassing the floodway and adjacent portions of the floodplain except that in no case shall it exceed the elevation established for the floodplain.
FLOOD INSURANCE MAP
An official map of the Township on which has been delineated the special flood hazard areas in the Township for flood insurance purposes.
FLOODPLAIN
The relatively flat areas adjoining a river, stream, watercourse or other body of standing water that have been or may be covered by floodwater.
FLOOD OF RECORD
The greatest flood in a given area for which accurate records are available or the flood hazard areas, whichever is greater.
FLOODPLAIN RELIEF OR VARIANCE
A grant of relief by the Planning Board from the provisions of this chapter which permits limited construction in a manner otherwise prohibited because enforcement of regulations would result in unnecessary hardship.
FLOOD, STANDARD PROJECT
The flood that may be expected from the most severe combination of meteorological and hydrological conditions that are considered reasonably characteristic of the geographical area in which the drainage basin is located, excluding extremely rare conditions.
FLOODWAY
The portions of the floodplain adjoining the channel or watercourse which are required and must be reserved in order to reasonably discharge the floodwater or floodway design flood of any natural watercourse.
FLOOR AREA, GROSS
The total floor area in a building measured by using the outside dimensions of the building at each story or floor. The floor area of units, stories, contiguous buildings, etc., sharing a common wall shall be measured from the center of interior walls and the outside of exterior walls. In residential uses, the gross floor area shall exclude the area of the garage, attics not used as primary living spaces, the portions of half-story floors where the rooms with sloped ceilings have ceiling heights that are less than six feet, open and enclosed porches which are not heated and cannot be counted as primary living spaces, balconies, patios, cellar or basement and associated entrances, exterior stairs, and chimneys projecting beyond the exterior face of the walls of the structure or building. In nonresidential uses, the gross floor area shall exclude, but not be limited to, accessory buildings, whether attached or detached; loading areas, whether roofed or unroofed; exterior stairways or stairwells; mechanical equipment not situated within the exterior walls of the building; and indoor parking areas.
[Amended 10-10-2006 by Ord. No. 06-31; 3-18-2013 by Ord. No. 13-08]
FLOOR AREA, GROSS LEASABLE
The total floor area designed for tenant occupancy and exclusive use, including mezzanines and upper floors, if any, expressed in square feet and measured from the center line of joint partitions and from outside wall faces.
[Amended 3-18-2013 by Ord. No. 13-08]
FLOOR AREA RATIO
The ratio of the gross floor area to the area of the lot or tract.
FREESTANDING SIGN
A self-supporting sign that is not attached to any building, wall or fence, but is in a fixed position and location.
[Added 4-9-2013 by Ord. No. 13-13]
FRONTAGE, TRACT
All the property on one side of a street between lot lines and between intersecting or intercepting streets or between a street and a railroad right-of-way, alley, waterway and/or dead-end street or a municipal boundary measured along the street line. An intercepting street shall determine only the frontage on the side of the street which it intercepts.
FUEL PUMP CANOPY SIGN
Any sign attached to, painted upon or erected against the facade of a gas station fuel pump canopy structure.
[Added 4-9-2013 by Ord. No. 13-13]
GARAGE, PRIVATE
An accessory building or a portion of the principal building used only for the storage of one or more motor vehicles as an accessory use and maintained for the convenience of the resident occupant of the premises and no service is rendered to the public or business conducted therein.
GARAGE, PUBLIC
A building or portion thereof, other than a private garage, used for the storage, care and repair of motor vehicles customarily used for private transportation, local school buses, commercial vehicles, farm equipment and farm vehicles. A public garage shall not be used for the storage of dismantled or wrecked motor vehicles or machinery or parts thereof or for the collection, storage and sale of wastepaper, scrap metal or discarded materials.
GARAGE SALE
The occasional sale of unwanted personal and household goods, usually held outdoors and usually at the residence of the sellers.
[Added 4-9-2013 by Ord. No. 13-13]
GASOLINE SERVICE STATION
An establishment that may include gasoline, CNG and low-flow diesel sales, service repairs for automobiles, but no convenience retail establishment included on premises, although limited sales of tobacco products, quarts of oil, or other auto-related fluids may be offered.
[Added 6-9-2015 by Ord. No. 15-17]
GENTLEMAN CLUB
A members-only private club of a type and does not feature activities typically found in an adult establishment or sexually oriented business.
[Added 6-11-2013 by Ord. No. 13-18]
GOLF COURSE
A tract of land of 125 or more contiguous acres, containing a full-size professional eighteen-hole golf course, together with appropriate accessory uses and structures, such as, but not limited to, driving ranges, club house facilities, dining and refreshment facilities, swimming pools, tennis courts and the like, provided that the operation of such facilities are incidental and subordinate to the operation of the golf course.
GOVERNING BODY
The Township Council of the Township.
GRADE
The average finished ground elevation adjoining a building or any other portion of the development, or the slope of the watercourse, pipes and conduits, roads, paths, driveways, swales or other surfaces.
GRADE, ESTABLISHED
The elevation of the center line of streets or roads as officially established by Township, county or state authorities.
GRADE, FINISHED
The completed surface of lawns, walks, streets or roads brought to grades as shown on official plans or designs related thereto.
GRADING
Any stripping, cutting, filling, stockpiling or any combination thereof and shall include the land in its cut or fill position.
GREEN TECHNOLOGY AND LOW-IMPACT MEASURES
Development designed to mimic natural processes, requiring less maintenance. Examples of green technology include, without limitation, measures typically incorporated into the landscaping which are designed to address water quality, and include treatments such as ponds.
[Added 3-18-2013 by Ord. No. 13-08]
GROSS LAND AREA
The total area within lot lines, including utility easements, watercourses, marginal and fragile areas and the like but excluding any land required for existing street and road widening, expressed in square feet and acres.
GROUND SIGN / MONUMENT SIGN
A sign which generally has its entire bottom in contact with or in close proximity to the ground. Such a sign must be mounted on a base or post and panel consisting of materials such brick, stone, textured coatings or wood. Building permit required.
[Added 4-9-2013 by Ord. No. 13-13]
GROUP HOME; RESIDENCE FOR DEVELOPMENTALLY DISABLED; SHELTER
Any residence, home or use for which the owner, occupants or lessee claims an exemption from zoning restrictions on account of N.J.S.A. 40:55D-66 and 40:55D-67.
HABITABLE FLOOR AREA
The area in a dwelling including the basement, as defined, and improved for living purposes, working, sleeping, eating, cooking or recreational activities or a combination thereof. A floor used solely for storage purposes shall not be considered a habitable floor.
HEAD SHOP
The retail sales of paraphernalia used for consumption of tobacco, cannabis, recreational drugs, legal highs, legal party powders and New Age herbs, as well as counterculture art, magazines, music, clothing, and home decor.
[Added 6-11-2013 by Ord. No. 13-18]
HIGHWAY BUSINESS HOTEL LODGING FACILITY
An establishment contained in one or more buildings used for the accommodation of transient lodgers in suites or rooms which may or may not include a cooking area and related appurtenances in every guest room and which have ancillary services designed to serve the occupants of the facility, including but not limited to limited business reception services, restaurant, meeting areas and limited service dining facilities.
[Added 11-28-2000 by Ord. No. 00-30]
HISTORIC SITE
Any building, structure, area or property that is significant in the history, architecture, archeology or culture of this state, its communities or the nation and has been so designated.
HOMEOWNERS' ASSOCIATION
An incorporated organization operating in a development under recorded land agreements through which each lot owner shall be a member and each dwelling unit is 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 a right to use the common property.
ILLUMINATED SIGN
A sign lighted by an exterior or interior artificial light source.
[Added 4-9-2013 by Ord. No. 13-13]
IMPERVIOUS SURFACE
Any material which generally reduces or prevents absorption of stormwater into previously undeveloped land. Retention and detention basins and dry wells permitting water to percolate directly into the ground shall not be considered as impervious surfaces.
INFLATABLE SIGN
Any inflated display used on a permanent or temporary basis to advertise a product or event.
[Added 4-9-2013 by Ord. No. 13-13]
INTERCHANGE
A grade-separated, bridged, system of access to and from an interstate highway where vehicles may move to or from the interstate highway and another roadway without crossing mainline streams of traffic. The limits of an interchange are the point on the roadway system where the right-of-way width to accommodate on or off ramps deviates from the right-of-way width of the remainder of the roadway.
[Added 7-14-2009 by Ord. No. 09-12]
INTERESTED PARTY
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 ordinance of this municipality or any law of the state or of the United States have been denied, violated or infringed by an action or a failure to act under N.J.S.A. 40-55D-1 et seq.
INTERIOR SIGN
Signs located on the interior of a building or property and which are visible from the exterior of said building or property.
[Added 4-9-2013 by Ord. No. 13-13]
INTERNALLY ILLUMINATED SIGN
Any sign whose sole source of artificial illumination is contained within the display portion of the sign, including neon-type signs and internally and back-lit signs.
[Added 4-9-2013 by Ord. No. 13-13]
JUNKYARD
An area, lot or parcel, with or without buildings, used for the deposit, storage, sale or abandonment of junk, including scrap metal and other materials, or for the dismantling, demolition or abandonment of any nonoperable mechanical equipment, machinery or unregistered vehicles, or parts thereof. A junkyard shall not include any of the foregoing uses which are accessory and incidental to any agricultural or industrial use permitted in the district.
KITCHEN
A room, or portion thereof, used for the purposes of food preparation. Kitchens typically include, but are not limited to, spaces for food preparation, refrigerator, stove and/or oven, dishwasher, microwave, sink and/or washtub.
[Added 7-24-2018 by Ord. No. 18-17]
KITCHENETTE
A room, or portion thereof, used for the purposes of food preparation. Kitchenettes differ from kitchens in that they do not contain stoves and/or oven appliances, although they may contain hotplates. Microwaves may be utilized however.
[Added 7-24-2018 by Ord. No. 18-17]
LAND
Natural features such as trees, water, earth, etc., and improvements and fixtures such as, buildings, structures, fencing, etc., extending above or below the surface.
LAND DISTURBANCE
Any activity involving clearing, grading, filling, cutting, excavating or other activity which causes land to be exposed to the danger of erosion.
LANDOWNER
The legal or beneficial owner of land, including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.
LANDSCAPE BUFFER
An area of land restricted to landscape elements, which may include lawns, berms, planting, natural features, fencing, lighting, pedestrian walkways, but not including structures, storage of materials, motor vehicle parking or driveways, extending along the side and rear lot line. The width of a landscape buffer, as prescribed by this chapter, shall be measured at right angles to the lot line.
LANDSCAPE STRIP
A strip of land restricted to landscape elements, which may include lawns, trees, plantings, natural features, berms, hedging, lighting, signs as provided by this chapter, access drives crossing said strip, but not including vehicle parking. The strip shall be extended along the entire frontage of the lot. The width of a landscape strip, as prescribed by this chapter, shall be measured at right angles to the front lot line.
LARGE-SCALE RETAIL STORE
A building, structure or premises with a floor area of a minimum of 75,000 square feet in which commercial/retail uses and services are provided, with subsidiary adjacent automobile gas dispensing service stations and outside sales areas permitted.
[Added 7-26-2011 by Ord. No. 11-17]
LOADING SPACE
An off-street loading and unloading space for commercial vehicles, in a building or on a lot, with proper access from a street, road, highway or service driveway, shall be provided in districts prescribed by this chapter. A space shall be on the same lot with the principal building or group of buildings. No loading space shall be permitted in any front yard. Blocking or other interfering with the use of automobile accessway, parking facilities, fire lanes, fire zones or pedestrianways is prohibited. No loading space shall be designed and constructed to provide for backing out into any street.
LOT
Any parcel of land separated from other parcels by a subdivision plat or deed of record, survey map or by metes and bounds, intended to be occupied by one or more buildings and the accessory buildings or uses customarily incidental to it, together with the open spaces required by this chapter, and having frontage on an improved or approved street. Contiguous undersized lots under one ownership shall be considered one lot and except further that no portion of an existing public street shall be included in calculating the lot boundaries or areas.
LOT AREA
The area contained within lot lines, as defined, but not including any portion of an existing or proposed street or road right-of-way and always expressed in square feet and/or acres.
LOT, CORNER
A lot at the junction of and abutting on two or more intersecting streets. Corner lots shall be deemed to have two or more front yards and one rear yard, which shall be opposite the front door of the dwelling or building. An applicant may, subject to the approval of the Planning Board, designate one yard as a side yard for purposes of complying with provisions of this chapter.
LOT COVERAGE
See "coverage."
LOT DEPTH
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.
LOT FRONTAGE
The horizontal distance measured along the street right-of-way line between the two intersecting side lot lines, except that along curved street alignments, the minimum distance between side lot lines, as measured along the outside radius of a street line, may be reduced to 2/3 of the lot frontage distance required by this chapter. On corner lots, the lot frontage is measured between the side lot line and the point of intersection of the street right-of-way lines. All corner lot frontage must comply with the minimum requirements, as defined. If streets are along curves, the frontage shall be measured along the arc of the curve between the lot lines, and not along the chords of the curve.
LOT, INTERIOR
A lot other than a corner lot.
LOT LINE
A line forming a portion of the exterior boundary of a lot.
A. 
A lot line separating the lot from the street.
B. 
A lot line which is opposite and most distance from the front lot line.
C. 
A lot line which is not a front lot line or a rear lot line.
LOT, REVERSE FRONTAGE
A lot extending between an arterial or collector road and a local street or minor street with vehicular access solely from such local or minor street.
LOT OF RECORD
A lot which has been recorded in the Mercer County Clerk's Office.
LOT, THROUGH
A lot having frontage on two streets which do not intersect with each other at the boundaries of the lot. A through lot shall have two front yards and two side yards, but shall have no rear yard, except that the applicant shall indicate which of the two front yards shall be designated as the front yard. The other front yard shall not contain any permitted accessory uses and shall be treated and landscaped in a manner consistent with other adjacent front yards in the area.
LOT, UNIT
A fee simple parcel of land within a townhouse development or other development which complies with all requirements of this chapter.
LOT WIDTH
The distance between side lot lines, measured parallel or concentric to the front lot line at the minimum front yard setback line as required in each district. Along curved streets, the measurement shall be along the arc of the curve between side lot lines, and not along the chord.
LOT WIDTH, CORNER LOTS
The distance between a side lot line and an intersecting street or streets at the minimum front yard setback line as required in each district.
MAINTENANCE GUARANTEE
Any security, other than cash, acceptable to the Township Council, to assure the maintenance of duly approved improvements installed by the developer after final acceptance of the improvement and in accordance with all requirements of this chapter.
MAJOR SUBDIVISION
See "subdivision, major."
MASTER PLAN
A composite of one or more written and/or graphic proposals for the future physical development of the Township prepared and adopted pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-28.
MAYOR
The chief executive of the Township.
MINOR SITE PLAN
See "site plan, minor."
MINOR SUBDIVISION
See "subdivision, minor."
MOTOR VEHICLE STORAGE YARD
A yard or paved lot in private ownership where one or more unregistered or disabled motor vehicles are stored in the open and not being restored to operating condition. For purposes of this chapter, motor vehicle storage yards shall not be permitted in any zone within the Township of Ewing.
MULTIPURPOSE FUELING STATIONS
An establishment that includes gasoline, CNG and low-flow diesel sales, but not service repairs for automobiles with convenience retail establishment included on premises.
[Added 6-9-2015 by Ord. No. 15-17]
MUNICIPALITY
The Township of Ewing.
MUNICIPAL AGENCY
The Planning Board, Board of Adjustment or governing body, or any agency created by or responsible to one or more municipalities when acting pursuant to N.J.S.A. 40:55D-1 et seq.
MUNICIPAL LAND USE LAW
N.J.S.A. 40:55D-1 et seq.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Township or other public body, and is designed and used for collecting and conveying stormwater.
[Added 1-26-2016 by Ord. No. 16-01]
NEON SIGN
Any sign made up of illuminated tubing.
[Added 4-9-2013 by Ord. No. 13-13]
NONCONFORMING BUILDING, STRUCTURE OR SIGN
A building, structure or sign, the size, location, height or setback of which was lawful prior to the adoption, revision or amendment of the Zoning Ordinance, 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.
NONCONFORMING LOT
A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of the Zoning Ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING SIGN
Any sign existing on the effective date of this article, or amendment thereto, which is rendered nonconforming because it does not conform to all the standards and regulations of said article.
[Added 4-9-2013 by Ord. No. 13-13]
NONCONFORMING USE
A use or activity, which was lawful prior to the adoption, revision or amendment of the Zoning Ordinance, 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.
NUISANCE
An offensive, annoying, unpleasant or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion or disturbance or another's rights, including the actual or potential emanation of any physical characteristics or activity or use across a property line which can be perceived by or affects a human being, or the generation of an excessive or concentrated movement of people or things, such as but not limited to:
A. 
Noise.
B. 
Dust.
C. 
Smoke.
D. 
Fumes.
E. 
Odor.
F. 
Glare.
G. 
Flashes.
H. 
Vibrations.
I. 
Shock waves.
J. 
Heat.
K. 
Electronic or atomic radiation.
L. 
Objectionable effluent.
M. 
Noise of congregation of people, especially at night.
N. 
Passenger traffic.
O. 
Transportation of things by truck, rail or other means.
P. 
Invasion of nonabutting street frontage by parking.
Q. 
The obscuring or masking of adjacent or nearby property by projecting signs, marquees or canopies.
R. 
Any adverse effect on value or desirability of nearby property caused by such matters as incongruous appearance, exposed storage or inoperable automobiles, junk materials and neglect or dilapidation of lands or buildings.
OFFICE and OFFICE BUILDINGS
A nonresidential use for general business, professional, medical and health care related facilities, educational or administrative functions which may contain ancillary personal service uses typically located within a building or buildings that may be single or multi-tenanted for the use of employees and guests.
[Added 7-14-2009 by Ord. No. 09-12]
OFFICIAL COUNTY MAP
A map, with changes and additions thereto, adopted and established, from time to time by resolution of the Board of Chosen Freeholders of the County of Mercer, pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP
A map adopted in accordance with the Municipal Land Use Law, which map shall be deemed conclusive with respect to the location and width of streets and roads, drainage rights-of-way and location, dimensions and size of parks and playgrounds, shown thereon.
OFF-PREMISES SIGN
A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
[Added 4-9-2013 by Ord. No. 13-13]
OFF SITE
Located outside the lot lines of the lot in question but within the property of which the lot is a part, which is the subject of a development application or contiguous portion of a street, a right-of-way or watercourse.
OFF TRACT
Not located on the property which is the subject of a development application nor on a contiguous portion of a street, a right-of-way or watercourse.
ON SITE
Located on the lot in question or on a contiguous portion of a street, a right-of-way or watercourse.
ON TRACT
Located on the property which is the subject of a development application or on a contiguous portion of a street, a right-of-way or watercourse.
OPEN SPACE
Any parcel or area of land or water essentially unimproved and set aside, dedicated 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 specifically designed to be incidental to the natural openness of the land.
OPEN SPACE, COMMON
An open space area within and 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, including, but not limited to, walks and walkways, tot-lots, active recreational areas and their ancillary facilities and amenities, benches, lighting, signs, detention basins, architecturally harmonious fences and walls, earth berms, natural and designed landscape elements. Such common open space, excluding the area of unit lots, and parking facilities, private streets, etc., shall be owned, maintained and regulated by a homeowners' association or other duly constituted organization pursuant to all requirements of this chapter.
OPEN SPACE, DEVELOPED
An area within the common open space of a development and designated as an active recreational area, including, but not limited to, a community center and accessory structures, swimming pools, tennis courts, tot-lots and playgrounds, required off-street parking facilities, lighting, signs, fences, walls, landscape elements, benches and similar uses complying with all requirements of this chapter. Developed open space shall be owned, maintained and regulated by a homeowners' association or other duly constituted organization pursuant to all requirements of this chapter.
OPEN SPACE, PRIVATE
The yards of a single-family detached dwelling unit, and all fee-simple lands adjacent to a single-family attached dwelling unit or townhouse.
OPEN SPACE, PUBLIC
An open space area conveyed or otherwise dedicated to the state, county or Township or other public body for recreational or conservational uses. These areas may include either developed or undeveloped open spaces owned and maintained by a governmental unit.
OPEN SPACE, UNDEVELOPED
An undisturbed area within the common open space which may contain natural scenic beauty, ponds, lakes, waterways, stream valleys, attractive woodlands and the like.
OUTDOOR CAFE/DINING
An eating establishment where food or other refreshments are served upon the public right-of-way, public plaza, terrace or deck on private property, such as the sidewalks immediately in front of any restaurant, cafe or place of business where food and/or other refreshments are served; public plaza immediately adjacent to any restaurant, cafe or place of business where food and/or other refreshments are served; any restaurant, cafe or place of business where food and/or other refreshments are served located on a corner of, or adjacent to a public park abutting the establishment but not encroaching upon a residential area; or rooftop where applicable. Said outdoor area shall be considered as part of the building structure and shall be limited in use only for patrons of the eating establishment. No seating provided in said outdoor cafe shall be used for the seating requirements of fast-food establishments.
[Added 8-13-2013 by Ord. No. 13-32]
PARCEL
See "lot."
PARKING AREA
A portion of a lot, building or structure used for the parking of motor vehicles.
PARKING SPACE OR STALL
An off-street space on a lot or in a building, available for the parking of one or more motor vehicles, and having an area, dimensions, location, paving and drainage as required by this chapter. The space shall be exclusive of driveways, aisles, fire lanes or zones, public rights-of-way, sidewalks and the like. Private driveways on a lot for detached dwelling units shall be considered a space; provided, however, that no portion of a vehicle shall be permitted to extend beyond the right-of-way line of a public street or highway.
PAWNSHOP/PAWNBROKER
A person who loans money on deposit or pledge of personal property, or other valuable thing on the condition of selling the item back again at a stipulated price, or who loans money secured by chattel mortgage on personal property, taking possession of the property or any part thereof so mortgaged, or any person who displays at that person's place of business the sign of three gilt or yellow balls, generally used by pawnbrokers to denote their business, or anyone holding themselves out to be a pawnbroker is declared to be a pawnbroker within the meaning of this division.
[Added 6-11-2013 by Ord. No. 13-18]
PERFORMANCE GUARANTEE
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 guarantee in cash.
PERFORMANCE STANDARDS (STANDARDS OF PERFORMANCE)
Standards adopted by ordinance regulating noise levels, glare, earthborne or sonic vibration, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matter, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the municipality or required by applicable federal or state laws or municipal ordinances.
PERMIT, BUILDING
A permit issued by the Construction Official pursuant to the Building Code. No permit shall be issued unless and until the applicant has complied with all requirements of this chapter.
PERMIT, ZONING
A document signed by the Administrative Officer, which:
A. 
Is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building; and
B. 
Which acknowledges that such use, structure or building complies with the provisions of the ordinance or variance therefrom duly authorized by the Board pursuant to N.J.S.A. 40:55D-60 and 40:55D-70 et seq.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
[Amended 1-26-2016 by Ord. No. 16-01]
PERSON WITH HEAD INJURY
A person who has sustained an injury, illness or traumatic changes to the skull, the brain contents or its coverings which results in a temporary or permanent physiobiological decrease of mental, cognitive, behavioral, social or physical functioning which causes partial or total disability.
[Added 2-27-2003 by Ord. No. 03-07]
PERMITTED USE
See "use, permitted."
PHOTOVOLTAIC SYSTEM (also referred to as PHOTOVOLTAIC INSTALLATION)
An active solar energy system that converts solar energy directly into electricity.
[Added 9-12-2017 by Ord. No. 17-23]
PLANNED COMMERCIAL DEVELOPMENT
An area with a minimum of 10 contiguous gross acres to be developed as a single entity according to a plan containing one or more structures with appurtenant common areas to accommodate nonretail commercial or office uses, or both, and any other uses accessory and incidental to the predominant use primarily intended for the benefit of the planned development as may be permitted by ordinance.
PLANNED DEVELOPMENT
Any planned commercial development or planned industrial development.
PLANNED INDUSTRIAL DEVELOPMENT
An area with a minimum contiguous or noncontiguous acreage of five acres to be developed as a single entity according to a plan containing one or more commercial and industrial uses permitted in the Industrial Park and Office Park Zoning Districts within the Ewing Land Development Ordinance in accordance with the requirements for nonresidential planned developments in this chapter and may include appropriate commercial or public or quasi-public uses all primarily for the benefit of the planned industrial development.
PLANNED RESIDENTIAL DEVELOPMENT
An area with a minimum contiguous or noncontiguous acreage of five acres to be developed as a single entity according to a plan containing one or more residential clusters.
[Added 4-24-2001 by Ord. No. 01-08]
PLANNER
The Township Planner.
PLANNING BOARD
The Planning Board of the Township.
PLAT or PLAN
The map of a subdivision or a site plan.
A. 
A schematic or generalized plan of development to determine the desirability and acceptability of a proposed subdivision or site plan indicating the design concept, including, use, street, road and highway configurations, vehicular and pedestrian circulation patterns, open space, parking facilities, buildings and any other design component required to illustrate the feasibility of the development. The plan shall be drawn to scale and of sufficient accuracy to be used for discussion and classification. The plan is an optional phase available to the developer, at no cost, and is not part of the statutory limitations on a preliminary subdivision or site plan approval.
B. 
The preliminary map indicating the proposed layout of the subdivision or site plan, including engineering documents, which is submitted to the Board for its consideration and preliminary approval and meeting the requirements of this chapter.
C. 
The final map of all or a portion of a subdivision or site plan which is presented to the Board for its consideration and final approval and meeting the requirements of this chapter.
POROUS PAVERS
Pavement, block, or stone designed to allow water to infiltrate into the ground. This type of infiltration practice is encouraged for use in parking lots, roads, sidewalks, and other lower traffic volume paved areas.
[Added 3-18-2013 by Ord. No. 13-08]
PORTABLE SIGN
A sign which is designed to be moved from place to place or which is not permanently fixed to the premises.
[Added 4-9-2013 by Ord. No. 13-13]
PRELIMINARY APPROVAL
See "approval."
PRELIMINARY ARCHITECTURAL FLOOR PLANS AND ELEVATIONS
Schematic architectural drawing, introduced during the early phases of a development, illustrating facades, floor plans, size and location of all buildings or structures and their relationship to the site and immediate environs and any other information which may be required by the Board.
PREMISES
The land, buildings and all other facilities situated upon a lot.
PRIMARY LIVING SPACE
Always includes any bedroom or sleeping quarters and shall also include a dining room, family room, living room, library, study, recreation room or any other common gathering area. For the purposes of calculating gross floor area, a finished basement used as a recreation area, home office or similar type use shall not be counted as primary living space and shall not be included in the FAR, provided that these types of living spaces are provided and located within the interior walls of the dwelling unit on another floor. Garages that are no longer used for residential garage-type uses (i.e., for storage of automobiles or boats or RV or similar type vehicles, tools and equipment typical of a residential-type garage or tools for the maintenance of the property, residential-type workshops, etc.) and are converted to primary living spaces shall be included in the calculations of the gross floor area. Once a garage is converted to a primary type living space, it shall be included as part of the gross floor area calculations.
[Added 10-10-2006 by Ord. No. 06-31]
PRINCIPAL BUILDING
See "building, principal."
PRINCIPAL USE
See "use, principal."
PROHIBITED USE
See "use, prohibited."
PROJECTING SIGN
A sign that is attached to the wall of a building (other than the transom of a doorway or display window) and projecting more than 10 inches.
[Added 4-9-2013 by Ord. No. 13-13]
PROPERTY OWNER
The person owning fee title or the person in whose name the legal title to the property appears, by deed, duly recorded in the office of the County Clerk of Mercer County, or the person in possession of the property or building under claim of or exercising acts of ownership over the same for himself or as the executor, administrator or guardian of the property.
PUBLIC
Owned, operated or controlled by the federal, state, county or municipal government, including a corporation created by law for the performance of specialized governmental functions.
A. 
Public parks, playgrounds, trails, paths and other recreational areas;
B. 
Other public open spaces;
C. 
Scenic and historic sites; and
D. 
Sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSAL
A master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
PUBLIC DRAINAGEWAY
The land reserved or dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.
PUBLIC OPEN SPACE
See "open space, public."
PUBLIC PLAZA
That area of, and/or adjacent to a public right-of-way or park reserved for pedestrian traffic from said right-of-way to a building housing such uses as an eating establishment, entertainment venue, and/or adjacent to a public park, but excluding that portion of the public right-of-way occupied by shade trees, sidewalk, fire hydrants, parking meters and utility poles.
[Added 8-13-2013 by Ord. No. 13-32]
PUBLIC/PRIVATE SCHOOLS
"School" means any public, private or parochial school, which provides elementary or secondary education or any branch thereof, such as opportunity school, charter, regional occupational center, evening high school, or technical school as defined under state law.
[Added 6-11-2013 by Ord. No. 13-18]
PUBLIC SAFETY FACILITIES
Public and/or private organizations and facilities existing primarily for the purpose of protecting the safety of the residents of the Township, such as but not limited to fire departments, police departments, and first aid and rescue squads.
PUBLIC SEWERAGE
Collection and treatment of sewage as arranged or administered by the Ewing-Lawrence Sewerage Authority.
PUBLIC UTILITY
A facility authorized to do business in New Jersey and engaged in regularly supplying the public with services, such as, but not limited to, the following: transportation, electricity, gas, water, sewage, telephone or telegraph service.
PUBLIC WATER
Supply and distribution of potable water by the City of Trenton Water Works.
PYLON SIGN
A sign, also known as a freestanding sign, erected on a pole or pylon independent of any building or other structure.
[Added 4-9-2013 by Ord. No. 13-13]
QUORUM
The majority of the full authorized membership of the Board.
RAIN BARRELS
A device used to collect and store rainwater runoff, typically from rooftops via rain gutters.
[Added 3-18-2013 by Ord. No. 13-08]
RAIN GARDENS
A type of bioretention cell that is commonly used to promote the absorption of rainwater into the ground by storing and using rainwater to water plants during a dry period.
[Added 3-18-2013 by Ord. No. 13-08]
RATED NAMEPLATE CAPACITY
The maximum rated output of electric power production of the photovoltaic system in watts of direct current (DC).
[Added 9-12-2017 by Ord. No. 17-23]
REAL ESTATE SIGN
A sign which is used to advertise any real property for sale, lease or rental purpose, and located either on or off the site.
[Added 4-9-2013 by Ord. No. 13-13]
RECREATIONAL VEHICLES
Boats and boat trailers, travel trailers, pickup campers or coaches designed to be mounted on automotive vehicles, motorized dwellings, tent trailers or any similar vehicles.
RESIDENCE DESIGNATION SIGN
A sign or nameplate indicating the name and/or address of the occupants of a residential property.
[Added 4-9-2013 by Ord. No. 13-13]
RESIDENTIAL DAY-CARE HOUSE
A one-family dwelling in a residential zone in which there is conducted an occupation of providing day care for children, whether for money or any other consideration, during or after school, subject to the following:
A. 
The dwelling shall have been substantially completed at least five years prior to the date of application to the Council for a license;
B. 
The dwelling shall not be closer than 500 feet to an existing residential day-care house on the same street measured from front door to front door the way a person would normally walk;
C. 
The dwelling shall be owner-occupied and the occupation shall be owner-operated;
D. 
No changes shall be made to the dwelling exterior, which at all times must retain the appearance of a single-family residence and the dwelling shall have only one front door, and no changes to the interior, which would alter the character of the premises as a single-family dwelling, may be made;
E. 
The dwelling must have hard-wired smoke detectors;
F. 
No more than five children may be served or cared for in the occupation; and
G. 
No advertising whatsoever on the premises is permitted.
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential land area, including internal streets, easements, watercourses and open space portions of a development but no portion of existing rights-of-way.
RESIDENTIAL USE
A lot or premises used exclusively or primarily for dwelling purposes.
RESTAURANT MENU BOARD
Portable temporary sign, or chalk blackboard, used to present or describe the current menu or special offering.
[Added 4-9-2013 by Ord. No. 13-13]
A. 
The further division, relocation or adjustment of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or
B. 
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.
RIGHT-OF-WAY
Typically the area set aside for streets, roads and highways but may also apply to drainage, walkways or for other public purposes as stipulated by the Township.
RIPARIAN BUFFERS
Strips of vegetation planted along a stream or waterway. This vegetation filters pollutants from the water before it enters into the water body.
[Added 3-18-2013 by Ord. No. 13-08]
ROOF SIGN
A sign erected above or on the roof of a building, any part of which extends more than six inches above the facade of a building.
[Added 4-9-2013 by Ord. No. 13-13]
ROOMING HOUSE
A boardinghouse wherein no personal or financial services are provided to the residents.
[Added 3-18-2013 by Ord. No. 13-08]
SCREEN and SCREENING
See "landscape buffer."
SEARCHLIGHT DISPLAY
Any use of lighting intended to attract the general public by the waving or moving of light beams.
[Added 4-9-2013 by Ord. No. 13-13]
SECONDHAND-GOODS DEALER
Any person, partnership, firm or corporation whose business includes selling, buying or receiving any tangible personal properly, previously owned, used, rented or leased as the term has been defined in the Code of the Township of Ewing at § 211-1 regarding the licensure of secondhand dealers. However, for purposes of this definition, the term "secondhand dealer" shall also include pawnbrokers, but shall not include consignment shops or antique dealers.
[Added 6-11-2013 by Ord. No. 13-18]
SECRETARY
The person duly designated as Secretary by and acting as such for the Board.
SEDIMENTATION
The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
SEDIMENTATION BASIN
A barrier or dam at a suitable location to retain rock, sand, gravel, earth, silt or other materials.
SETBACK
The minimum horizontal distance between the street line, rear or side lot lines of the lot and the front, rear or side of the building or structure. When two or more lots under one ownership are used together, the exterior property lines so grouped shall be used in determining setbacks. The required setback shall be equal to the required yard.
SETBACK LINE
The line within a lot, parallel or concentric with a street or property line, between which and the street or property line no building, structure or portion thereof may be erected or may project, except as otherwise provided in this chapter. The setback line is the delineation of the required setback or required yard for the district or zone. Setback lines from public streets either existing or proposed shall be measured from the proposed right-of-way width as shown on the adopted Master Plan of the Township or County.
SEXUALLY ORIENTED BUSINESS
A commercial establishment which as one of its principal business purposes offers for sale, rental or display any of the following: books, magazines, periodicals or other printed material or photographs, films, motion pictures, video cassettes, slides or other visual representation which depict or describe a specified sexual activity or specified anatomical area; or still or motion-picture machines, projectors or other image-producing devices which show images to one person per machine at any one time, and where the images so displayed are characterized by the depiction of a specified sexual activity or specified anatomical area; or instruments, devices or paraphernalia which are designed for use in connection with a specified sexual activity. A commercial establishment which regularly features live performances characterized by the exposure of a specified anatomical area or by a specified sexual activity or which regularly shows films, motion pictures, video cassettes, slides or other photographic representations which depict or describe a specified sexual activity or specified anatomical area.
[Added 6-11-2013 by Ord. No. 13-18]
SEXUALLY ORIENTED DEVICES
Without limitation, any artificial or simulated specified anatomical area or other device or paraphernalia that is designed in whole or part for specified sexual activities.
[Added 6-11-2013 by Ord. No. 13-18]
SHINGLE SIGN
A two-sided sign attached to a building or structure and located perpendicular to the facade of said building or structure.
[Added 4-9-2013 by Ord. No. 13-13]
SHOPPING CENTER
A group of commercial establishments on one tract of land that is planned and developed as an operating unit and where on-site parking is provided in definite relationship to the type and total size of the stores. The commercial establishments may be located in one or several buildings, attached or separated. A shopping center shall be planned, constructed and managed as a single entity. For purposes of this chapter, the following categories of shopping centers are defined:
A. 
A shopping center on a tract of at least three acres but no greater than five acres and containing one or more uses permitted in the Neighborhood Commercial Zone.
B. 
A shopping center on a tract of greater than five acres but fewer than 10 acres and containing at least one anchor, such as a supermarket or department store, of 20,000 square feet or more, as well as one or more uses permitted in the Highway Commercial Zone.
C. 
A shopping center located on a tract of greater than 10 acres containing at least one anchor of 50,000 square feet or more, such as a major department store (K-Mart, WalMart, etc.), wholesale club (CostCo, BJ's, Sam's Club, etc.) or warehouse retail (Home Depot, Office Max, Sports Authority, etc.).
SIDEWALK SALE SIGN
Any temporary freestanding portable sign, often described as a sandwich board or A-frame sign, and located on the sidewalk or sidewalk area adjacent to a public roadway or storefront.
[Added 4-9-2013 by Ord. No. 13-13]
SIGHT TRIANGLE
A triangularly shaped area used as a clear line of vision, established at the intersections of streets and at the intersections of streets and driveways, in accordance with provisions of this chapter. No grading, parking, planting, structure or fence shall be permitted which will limit or obstruct vision between a height of 2 1/2 feet and eight feet above the center-line grade of either street. Street signs, trees, utility poles, traffic signal standards, fire hydrants and the like may be permitted in the area, provided such facilities do not exceed a cross-section diameter of 12 inches.
SIGHT CLEARANCE TRIANGLE
An area encompassing the sight triangle, as defined, providing for the Township to have the right of entry into said area to remove any and all obstructions and/or limitations to vision as prescribed by this chapter.
SIGN
Any visual display, flag or banner used to identify or draw attention to any use, building, organization, business, product, individual or service, and placed so that it is visible from any area open to the public.
[Amended 4-9-2013 by Ord. No. 13-13]
SIGN HEIGHT
The distance measured in feet between the elevation at the nearest street right-of-way and the top of the sign, excluding any ornamentation, which has a cross-sectional area of one square foot and a height of 12 inches.
SITE
Any plot or parcel of land or combination of contiguous lots or parcels of land.
SITE PLAN
A development plan of one or more lots on which is shown:
A. 
The existing and proposed conditions of the lot, including, but not necessarily limited to, topography, vegetation, drainage, floodplains, marshes and waterways.
B. 
The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices.
C. 
Any other information that may be reasonably required in order to make an informed determination concerning the adequacy of the plan in accordance with requirements of this chapter.
SITE PLAN, MINOR
A development consisting of one or more lots, which:
A. 
Proposes new development within the scope of development specifically permitted by this chapter for a minor site plan.
B. 
Does not involve a planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to this chapter.
C. 
Contains the information reasonably required in order to make an informed determination as to whether the requirements established by this chapter for approval of a minor site plan have been met.
D. 
Is not situated within a flood hazard area.
E. 
Will not contain more than six new off-street parking spaces, as required by this chapter.
F. 
Will not contain a building consisting of more than 1,000 square feet of gross floor area.
SITE PLAN, MAJOR
All site plans not defined as minor or exempt plans.
SITE PLAN, CONCEPTUAL OR SKETCH
See "plat or plan."
SITE REVIEW COMMITTEE
A Committee of at least three Board members and two alternate members, appointed by the Chairman, with the approval of the Board. The Township Engineer, the Township Planner and other Township officials, as deemed necessary by the Board, shall serve as advisors to the Committee. The Committee is charged with the responsibility of assisting the Board by classifying all subdivisions and site plans, reviewing conceptual and sketch plans, and reviewing and recommending to the Board the design treatment of buildings and structures to create a harmonious relationship between existing and proposed buildings and structures and the environs in which they are set, and recommending to the Board the adequacy of development applications and their conformance with all requirements of this chapter.
SITE REVIEW COMMITTEE (JOINT)
In the case of a joint Board of Adjustment-Planning Board site review committee, there shall be at least six members and four alternates, with each Board equally represented.
SOLAR ACCESS
The access of a solar energy system to direct sunlight. Space open to the sun and clear of overhangs or shade including the orientation of streets and lots to the sun so as to permit the use of active and/or passive solar energy systems on individual properties.
[Added 9-12-2017 by Ord. No. 17-23]
SOLAR COLLECTOR
A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy.
[Added 9-12-2017 by Ord. No. 17-23]
SOLAR ENERGY
Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.
[Added 9-12-2017 by Ord. No. 17-23]
SOLAR ENERGY SYSTEM, ACTIVE
A solar energy system or facility whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means.
[Added 9-12-2017 by Ord. No. 17-23]
SOLAR ENERGY SYSTEM, FREESTANDING OR GROUND-MOUNTED
An active solar energy system or facility that is structurally mounted to the ground and is not roof-mounted; may be of any size (small-, medium- or large-scale). While systems placed over commercial parking fields are ground-mounted for the most part, for the purpose of this chapter they are treated differently.
[Added 9-12-2017 by Ord. No. 17-23]
SOLAR ENERGY SYSTEM, GRID-INTERTIE
A photovoltaic system or facility that is connected to an electric circuit served by an electric utility.
[Added 9-12-2017 by Ord. No. 17-23]
SOLAR ENERGY SYSTEM, LARGE-SCALE
An active solar energy system or facility that occupies more than 40,000 square feet of lot area (equivalent to a rated nameplate capacity of about 250kW DC or greater).
[Added 9-12-2017 by Ord. No. 17-23]
SOLAR ENERGY SYSTEM, MEDIUM-SCALE
An active solar energy system or facility that occupies more than 1,750 but less than 40,000 square feet of lot area (equivalent to a rated nameplate capacity of about 10 to 250 kW DC).
[Added 9-12-2017 by Ord. No. 17-23]
SOLAR ENERGY SYSTEM, OFF-GRID
A photovoltaic solar energy system or facility in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility.
[Added 9-12-2017 by Ord. No. 17-23]
SOLAR ENERGY SYSTEM, PASSIVE
A solar energy system or facility that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger.
[Added 9-12-2017 by Ord. No. 17-23]
SOLAR ENERGY SYSTEM, RESIDENTIAL-SCALE
An active solar energy system or facility that occupies 500 square feet of surface area or less.
[Added 9-12-2017 by Ord. No. 17-23]
SOLAR ENERGY SYSTEM, ROOF-MOUNTED
An active solar energy system or facility that is structurally mounted to the roof of a building or structure; may be of any size (small-, medium- or large-scale).
[Added 9-12-2017 by Ord. No. 17-23]
SOLAR ENERGY SYSTEM, SMALL-SCALE
An active solar energy system or facility that occupies 1,750 square feet of surface area or less (equivalent to a rated nameplate capacity of about 10 kW DC or less).
[Added 9-12-2017 by Ord. No. 17-23]
SOLAR THERMAL SYSTEM
An active solar energy system or facility that uses collectors to convert the sun's rays into useful forms of energy for water heating, space heating, or space cooling.
[Added 9-12-2017 by Ord. No. 17-23]
[Added 6-11-2013 by Ord. No. 13-18]
A. 
Less than completely and opaquely covered human genitals, pubic region, buttock or female breast below a point immediately above the top of the areola; or
B. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
[Added 6-11-2013 by Ord. No. 13-18]
A. 
Human genitals in a state of sexual stimulation or arousal;
B. 
Acts of human masturbation, sexual intercourse or sodomy; or
C. 
Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts.
STANDARDS OF PERFORMANCE
See "performance standards."
STORM DRAIN INLET
An opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.
[Added 1-26-2016 by Ord. No. 16-01]
STORY
That portion of a building included between the upper surface of any floor and the upper surface of the next floor above, provided there is a minimum clear headroom of eight feet on the first floor and minimum clear headroom of seven feet six inches on the second floor.
STORY, HALF
A story under a gable, hip or gambrel roof, the wall plates of which, on at least two opposite exterior walls, are not more than two feet above the floor of such story.
STREAM ENCROACHMENT PERMIT
A permit issued by the New Jersey Department of Environmental Protection under the provisions of the latest NJDEP requirements and regulations.
[Amended 3-10-2009 by Ord. No. 09-04]
STREET LINE
The edge of the existing or future right-of-way, as indicated on the adopted Master Plan of Ewing Township, forming the dividing line between the street and a lot.
STREET, PRIVATE
A street owned by an individual, developer, homeowners' association or other similar group responsible for the construction and perpetual maintenance of said street. Construction of the street shall conform with Township standards for public streets.
STREET, PUBLIC
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way, which is:
A. 
An existing state, county or municipal roadway;
B. 
Shown upon a plat heretofore approved pursuant to law;
C. 
Approved by official action as provided by this chapter; or
D. 
Shown on a plat duly filed and recorded in the office of the Mercer County Clerk 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, utilities, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
STRUCTURE
A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land, including, but not limited to, buildings, platforms, sheds, storage bins, tanks, towers, signs, advertising devices, tennis courts and swimming pools, but excluding walks, walkways, parking areas, streets and roads.
SUBDIVISION
Includes the following:
A. 
The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other division of land for sale or development. The following shall not be considered subdivisions within the meaning of this act if no new streets are created:
(1) 
Divisions of land found by the Board, or the Site Review Committee thereof, to be for agricultural purposes where all resulting parcels are five acres or larger in size;
(2) 
Division of property by testamentary or intestate provisions;
(3) 
Divisions of property upon court order, including but not limited to judgments of foreclosure;
(4) 
Consolidation of existing lots by deed or other recorded instruments; and
(5) 
The conveyance of one or more adjoining lots, tracts or parcels of land owned by the same person or persons and all of which are found and certified by the Administrative Officer to conform to the requirements of this chapter and are shown and designated as separate lots, tracts or parcels on the Tax Map of the Township. The term "subdivision" shall also include the term "resubdivision."
B. 
A division of land containing not more than two new lots and the remaining parcel, each fronting on an improved existing street or road, and further, which will not:
(1) 
Involve a planned development.
(2) 
Necessitate the creation of a new street or the improvement of such street or streets.
(3) 
Involve any additional right-of-way as specified in the Master Plan of the Township and the County or the street requirements of this chapter, unless such additional right-of-way width along the applicant's controlled frontage is deeded to the appropriate governmental agency having jurisdiction over the street, road or highway.
(4) 
Require the construction or extension of public facilities.
(5) 
Lie within a flood hazard area.
(6) 
Require off-tract improvements.
(7) 
Adversely affect the development of the remnant parcel, adjoining property or conflict with any provisions of the Master Plan or Zoning Ordinance of the Township.
C. 
Any division of land not classified as a minor subdivision.
SUBCODE
Any of the national model codes, parts thereof or other codes as adopted.
SURFACE WATER
Water flowing on the surface of land.
SWIMMING POOL, PRIVATE RESIDENTIAL
Any artificially constructed swimming, bathing pool or tank, above or below ground, whether permanently installed, portable, collapsible, or otherwise, having either an inside structural depth in excess of 18 inches below the level of the surrounding ground, or in excess of 30 inches above the surface of the surrounding ground, or a surface area in excess of 120 square feet, or a capacity in excess of 1,400 gallons, constructed or maintained on any lot as an accessory use by any person for the use of himself or any member of his household and guest. No setback from a principal building is required for private residential swimming pools; all other required setbacks for accessory uses shall apply. The term includes all buildings, structures, equipment and appurtenances thereto, subject to all requirements of this chapter.
SWIMMING POOL, PUBLIC
Any pool, other than a private residential swimming pool, designed to be used collectively by persons for swimming and bathing purposes, including pools designed as part of any hotel or motel use or any other multifamily development. Public swimming pools shall be further classified into types in accordance with their particular use and shall meet the appropriate design standards as set forth by the Uniform Construction Code of the State of New Jersey and shall comply with approved bacteriological standards which may be promulgated by regulations issued by the Board of Health of the Township, the State of New Jersey or other authority having jurisdiction.
TATTOOING BUSINESSES
Any studio, parlor, shop or space where tattooing is practiced or where the business of tattooing is conducted or any part thereof. The process by which the skin is marked or colored by insertion of nontoxic dyes or pigments into or under the subcutaneous portion of the skin so as to form indelible marks for cosmetic, medical or figurative purposes.
[Added 6-11-2013 by Ord. No. 13-18]
TEMPORARY SIGN
Any sign or advertising display designed or intended to be displayed for a short period of time and used to draw the attention of the public to any use, building, product, individual or service. For the purposes of this chapter, any temporary freestanding portable sign shall be displayed only during the hours of operation of the use or building to which the advertising applies.
[Added 4-9-2013 by Ord. No. 13-13]
TENNIS COURT
An outdoor lighted court of grass, clay, asphalt, bituminous concrete or other similar material equipped with a net, fencing and constructed and demarcated for the purpose of playing the game of tennis.
TOP HAMPER SIGN
A sign attached to the transom of a doorway or display window of a building.
[Added 4-9-2013 by Ord. No. 13-13]
TOWNSHIP
The Township of Ewing, in the County of Mercer, New Jersey.
TOWNHOUSE
See "dwelling unit, single-family attached."
TRACT
An area of land comprised of one or more contiguous lots having sufficient dimensions, street frontage and areas to meet the requirements of this chapter for the use or uses intended. The land area of any existing streets shall not be included in calculating the area of the tract.
TRANSCRIPT
A typed or printed verbatim record of the proceedings of a meeting, or reproductions thereof.
USE
The specified purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained.
A. 
See "accessory building, structure or use."
B. 
Any change in the use or occupancy of any structure which would subject it to any special provisions of the Uniform Construction Code or requirements of this chapter without approval of the Construction Official.
C. 
The legal use and occupancy of any building or structure existing on the date of the adoption of this chapter or for which it had been heretofore approved may be continued without change.
D. 
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.
E. 
Any use of land or buildings as permitted by this chapter.
F. 
The main purpose for which a lot or building is used.
G. 
A use which is not permitted in a zoning district either directly or indirectly by virtue of silence.
H. 
The use of land or buildings by the Township, county or state or any officially created authority or agency thereof.
VARIANCE
A departure from the literal requirements of this chapter pursuant to N.J.S.A. 40:55D-1 et seq.
VENDING MACHINE SIGN
Any sign display or other graphic attached to or integrated with a coin-operated machine dispensing food, beverages, reading material or other products.
[Added 4-9-2013 by Ord. No. 13-13]
VETERINARY HOSPITAL
See "animal hospital."
WAIVER
An authorization given by the Board, at its discretion, which may make strict conformance with or permit modifications to the design standards as provided for this chapter.
WALL AREA
The entire area of a building wall facing a street, measured at the perimeter and including doors and windows.
WALL SIGN
Any sign attached to, painted upon or erected against the wall or facade of a building or structure.
[Added 4-9-2013 by Ord. No. 13-13]
WATERCOURSE
Any natural or artificial watercourse, stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and which may or may not have a definite channel, bed and banks. The term also includes watercourses which have been artificially realigned or improved.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Added 1-26-2016 by Ord. No. 16-01]
WINDOW AND DOOR SIGN
A sign maintained in or painted upon a window or door which is clearly visible to the general public from any area open to the public.
[Added 4-9-2013 by Ord. No. 13-13]
YARD
An open space, as required by this chapter, of uniform width or depth, on the same lot with a building or group of buildings, unoccupied and unobstructed from the ground upward except as otherwise provided in this chapter.
A. 
An open, unoccupied space extending across the full width of the lot lying between the street or street line and a uniform distance therefrom, as required by this chapter. The depth of the front yard shall be measured horizontally and at right angles to a straight street line and radially along the arc of a curved street. At corner lots, the front yard shall be the required distance along all street frontages.
B. 
An open space extending across the full width of the lot and lying between the rear lot line and a uniform distance therefrom, as required by this chapter. The depth of the rear yard shall be measured horizontally and at right angles to a straight rear line and radially along the arc of a curved rear line.
C. 
An open unoccupied space between the side line of the lot and a uniform distance therefrom, as required by this chapter, extending from the front yard line to the rear yard line. The width of the side yard shall be measured horizontally and at right angles to a straight side line and radially along the arc of a curved side line.
ZONING BOARD
The Zoning Board of Adjustment of the Township of Ewing.
ZONING MAP
The map annexed to and made a part of this chapter.
ZONING OFFICER
A person or his duly authorized deputy appointed by the Township Council to administer and enforce the provisions of this chapter.
ZONING PERMIT
See "permit, zoning."