[Amended 9-4-2007 by Ord. No. 2007-19]
As used in this chapter, the following terms
shall have the meanings indicated. Additional definitions would be
in accordance with definitions in the New Jersey Department of Environmental
Protection Stormwater Management Rules, N.J.A.C. 7:8-1.2.
ACCESSORY APARTMENTS
A portion of a single-family residence which is designed
to be inhabited by not more than two persons residing in a familial
relationship who are relatives of the owner of the property together
with a caretaker or relative, if appropriate, to assist those persons
or each other and residents of the property owner.
[Amended 9-18-2018 by Ord. No. 2018-09]
ACCESSORY HOUSING
A unit constructed within an existing or proposed single-family
detached dwelling or housing known as "ECHO housing" or its equivalent.
This shall include accessory apartments.
ACCESSORY STRUCTURE
A structure detached from a principal building located on
the same lot and customarily incident and subordinate to the principal
building or use.
ACCESSORY USE
A use of land or of a building or portion thereof customarily
incident and subordinate to the principal use of the land or building
and located on the same lot containing the principal use.
ACRE
A measure of land area containing 43,560 square feet.
ADDITION
A.
A structure added to the original structure
at some time after the completion of the original;
B.
An extension or increase in floor area or height
of a building or structure.
ADJOINING LOT OR LAND
A lot or parcel of land that shares all or part of a common
lot line with another lot or parcel of land.
ADMINISTRATIVE OFFICER
The Clerk of the municipality unless a different municipal
official or officials are designated by ordinance or statute.
ADVERSE DRAINAGE CONDITION
The absence of drainage facilities, drainage easements or
drainage rights-of-way leading to, along or through a street, road,
drainage structure or property, either within or exterior to a proposed
subdivision or site plan, of such location, size, design, construction
or condition which would provide adequately for storm drainage or
which would prevent flooding, erosion, silting or other damaging effect
to a street, road, drainage structure or property or which would remove
the threat of such damage.
ADVERSE IMPACT
A condition or effect that creates, imposes, aggravates,
or leads to inadequate, impractical, unsafe, or unhealthy conditions
on a site proposed for development or on off-tract property or facilities
by objective and common analysis.
AESTHETIC
The perception of artistic elements or elements in the natural
or created environment that are pleasing to the eye by objective and
common analysis.
AGRICULTURE
The production, keeping, or maintenance, for sale, lease,
or personal use, of plants and animals useful to man, including but
not limited to, forages and sod crops; grains and seed crops; dairy
animals and dairy products; poultry and poultry products; livestock,
including beef cattle, sheep, swine, horses, ponies, mules, or goats
or any mutations or hybrids thereof, including the breeding and grazing
of any or all of such animals; bees and apiary products; fur animals;
trees and forest products; fruits of all kinds, including grapes,
nuts, and berries; vegetables; nursery, floral, ornamental, and greenhouse
products; or lands devoted to a soil conservation or forestry management
program. In the event that this definition shall deviate from the
meaning of this term as defined under state law, the definition by
law shall control.
AGRICULTURAL USE
When considered in terms of land use, land devoted to the
activities described in N.J.S.A. 54:4-23.3.
AIR POLLUTION
The presence of contaminants in the air in concentrations
beyond the normal dispensive ability of the air and that interfere
directly or indirectly with health, safety, or comfort, or with the
full use and enjoyment of property.
AIRPORT
A facility where aircraft or airborne vehicles of all types
land and take off and which may provide storage, maintenance and fuel
services for such aircraft and which, as to design, surface maintenance,
repair and management thereof, meets the minimum requirements of and
is licensed pursuant to N.J.S.A. 6:1-1 et seq., whether such facility
is public or private. The term "airport" shall include airstrip, airfield,
landing field, landing strip, heliport, helistop and all other like
facilities.
AISLE
The traveled way by which cars enter and depart parking spaces.
ALLEY
A service road that provides a secondary means of access
to lots.
ALTERATION
Any exchange or rearrangement in the supporting members of
an existing building, such as bearing walls, columns, beams, girders,
or interior partitions, as well as any change in doors, windows, means
of ingress or egress, or any enlargement to or diminution of a building
or structure, whether horizontally or vertically, or the moving of
a building or structure from one location to another.
AMENITY
A natural or created feature that enhances the aesthetic
quality, visual appeal of, or makes more attractive or satisfying
a particular property, place, or area.
ANTENNA
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communications signals.
ANTIQUE SHOP
A business enterprise dealing in the buying and selling of
antiques.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to Section 25 or Section 27 of P.L.
1975, c. 291 (N.J.S.A. 40:55D-34 or 40:55D-36).
APPROVED INTEGRATED WATER SUPPLY AND DISTRIBUTION SYSTEM
A source of supply of potable water approved by state or
local health authorities as to purity and fitness for drinking, which
is made available to owners or occupants of dwellings in a subdivision
development or other service area through a district distribution
system of mains and service connections, with appurtenances such as,
but not limited to, pumping stations, standpipes, dams and sluices,
which has been approved by the Township Committee as being adequate
to serve all present and prospective residences in the subdivision
or service area with sufficient water during all seasons of the year
and with adequate pressure to assure a good flow of water through
all well-maintained service connections of not less than one gallon
per minute.
APPROVING AUTHORITY
The Planning Board, the Zoning Board of Adjustment, within
their respective jurisdictions; and the Zoning Officer for permitted
uses with respect to this chapter and applicable Township Code provisions
as well as applicable state and federal law.
APPURTENANCES
The visible, functional, or ornamental objects accessory
to and part of buildings.
AQUIFER
A geologic formation that contains a potentially usable supply
of potable water.
AQUIFER RECHARGE AREAS
The areas of Stillwater Township that have been identified
by the New Jersey Department of Environmental Protection or other
governmental authority as being vital to the potable water supply
of the community and/or surrounding region. An aquifer recharge area
for the purposes of this definition is considered to be the exposed
outcropping or ground-level area above an aquifer that has been determined
to contain substantial volumes of water within unconsolidated subsurface
sand and gravel deposits.
ARCHAEOLOGICAL SITE
Land or water areas that show evidence of artifacts of human,
plant, or animal activity, usually dating from periods of which only
vestiges remain.
ARTERIAL STREET
A higher-order, interregional road in the street hierarchy,
which conveys traffic between centers and should be excluded from
residential areas.
AUCTION MARKET
Any premises on which are held at periodic times, and from
time to time, (auction) sales of merchandise or personal property.
AUTO BODY REPAIR
Involves the straightening of damaged and bent parts, smoothing
out and repair of damaged finishes, including replacement of parts
where necessary, and painting.
AUTOMOBILE SERVICE STATION
Any building, land area, or other premises, or portion thereof,
used for the retail dispensing or sales of vehicle fuels, servicing
and repair of automobiles, and including as accessory use(s):
A.
The sale and installation of lubricants, tires,
batteries, and similar vehicle accessories; and
B.
A convenience store of not more than 1,500 square
feet in floor area.
AVERAGE SETBACK
The mean setback from a street right-of-way of buildings
on both sides of a lot.
BACKHAUL NETWORK
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices, and/or long-distance
providers, or the public switch telephone network.
BANK
A place or office where money is kept, deposited, saved,
paid out, lent, borrowed, issued or exchanged.
BASEMENT
That portion of a building which is partly below and partly
above grade, and having at least 1/2 its height above grade.
BED-AND-BREAKFAST INN
A private single-family residence which provides overnight
lodging for transient guests and provides breakfast for registered
guests in the forenoon of each day.
BOARD OF ADJUSTMENT
The board established pursuant to Section 56 of P.L. 1975,
c. 291 (N.J.S.A. 40:55D-69).
BOARDER
A person, not a member of the family as defined in this section,
who obtains a room, or a room and meals, for compensation.
BOARDING STABLE
A structure designed for the feeding, housing, and exercising
of horses not owned by the owner of the premises and for which the
owner of the premises receives compensation.
BUFFER
A strip of land containing natural woodlands, earth mounds
or other planted screening materials and separating one kind of land
use from another or separating a planned development from any other
development.
BUILDING
Any structure having a roof supported by columns, posts or
walls, and intended for the shelter, housing or enclosing of persons,
animals or property, and including tents and other portable or wheeled
structures to be located at a specific site for an indeterminate time.
BUILDING, ACCESSORY
A subordinate building on the same lot as the principal or
main building or use.
BUILDING, PRINCIPAL
A building in which is conducted the principal use of the
lot on which it is located.
BUILDING COVERAGE
The ratio of the horizontal area measured from the exterior
surface of the exterior walls of the ground floor of all principal
and accessory buildings on a lot to the total area of the lot.
BUILDING HEIGHT
Building height is measured from the lowest level of the
natural grade abutting the building. In the case of a door or garage
floor level below the first floor level of a building or structure,
building height shall be measured from the bottom of the door sill
or from the floor level, whichever is lower, or from the garage floor
to the topmost gabled peak or flat roof top, whichever is higher.
The highest elevation may not exceed that elevation which would result
if measured from the natural grade to the topmost peak gable or flat
roof top.
BUILDING LINE
A line drawn as closely parallel as possible to the street
line and touching that part of a building closest to the street.
BUILDING PERMIT
A permit stating that the purpose for which a building or
land is to be used is in conformity with the uses permitted and all
other requirements under this chapter for the zone in which it is
located or is to be located.
BUILT ENVIRONMENT
Artificially created fixed elements, such as buildings, structures,
devices and surfaces, that together create the physical character
of an area.
BULK REGULATIONS
Standards and controls that establish the maximum size of
buildings and structures on a lot and the buildable area within which
the building can be located, including coverage, setbacks, height,
floor area ratio, and yard requirements.
CABLE TELEVISION COMPANY
A cable television company as defined pursuant to Section
3 of P.L. 1972, c. 186 (N.J.S.A. 48:5A-3).
CALIPER
The diameter of a tree trunk measured in inches, four feet
above ground level.
CAMP
Land or water, or both, on which are located two or more
cabins, tents, shelters or other accommodations of a design and character
suitable for seasonal or other more or less temporary living purposes,
including a summer colony and day camp, but not a trailer camp, boardinghouse
or rooming house, tourist home, hotel and motel.
CAMPER
Any person who occupies a campsite. (N.J.A.C. 8:22-1.2)
CAMPING VEHICLE
Any camp trailer, travel trailer or other unit built or mounted
on a vehicle or chassis designed without permanent foundation which
is used for temporary dwelling or sleeping purposes, but shall not
include any travel trailer which is either too long or too wide or
too heavy to be towed by an ordinary passenger automobile, as per
New Jersey Department of Motor Vehicles laws.
CARTWAY
The actual road surface area from curbline to curbline which
may include travel lanes, parking lanes, and deceleration and acceleration
lanes. Where there are no curbs, the cartway is that portion between
the edges of the paved, or hard surface, width.
CELLAR
A portion of the building partly underground, having 1/2
or more than 1/2 of its height below the average grade of the building.
CERTIFICATE OF OCCUPANCY
That permit issued by the Construction Official in accordance
with the New Jersey Uniform Construction Code Act, N.J.S.A. 52:27D-121.
CHANGE OF USE
Any use that differs from the previous use of a building
or land.
CHILD-CARE CENTER
An establishment providing for the care, supervision, and
protection of children.
CHURCH
Lands and buildings devoted to and used exclusively for religious
worship or religious asylum and entitled to exemption from taxation
pursuant to the provisions of N.J.S.A. 54:4-3.6.
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.
CIVIC BUILDING
Buildings and facilities owned and maintained by a public
or semipublic agency, excluding religious institutions, which are
used primarily for public gatherings for the purpose of promoting
public education, knowledge and welfare.
CLEAR-CUTTING
The large-scale, indiscriminate removal of trees, shrubs,
and undergrowth with the intention of preparing real property for
nonagricultural development purposes.
CLUB
A group of people organized for a common purpose to pursue
common goals, interests, or activities, and usually characterized
by certain membership qualifications, payment of fees and dues, regular
meetings, and a constitution and bylaws.
CLUBHOUSE
A building occupied by a club for its purposes and activities.
CLUSTER
A development design technique that concentrates buildings
on a part of the site to allow the remaining land to be used for recreation,
common open space, and preservation of environmentally sensitive features.
CLUSTER SUBDIVISION
A form of development that permits a reduction in lot area
and bulk requirements, provided that there is no increase in the number
of lots permitted under a conventional subdivision or increase in
the overall density of development, and the remaining land area is
devoted to open space, active recreation, preservation of environmentally
sensitive areas, or agriculture.
COMMERCIAL RECREATION
Facilities of an active recreation nature, such as riding
academy, golf course, tennis club or ski area operated for profit
and open to the public, and caterers, hotels, and camping facilities.
[Amended 10-2-2018 by Ord. No. 2018-08]
COMMERCIAL USE
An activity involving the sale of goods or services carried
out for profit.
COMMERCIAL VEHICLES
Trucks, buses, sedan delivery vehicles, station wagons with
advertising matter on the sides or any other commercially used vehicles,
except those used as passenger cars with no advertising matter exposed
to view.
COMMERCIALLY OPERATED CAMPGROUND
Any campground not operated by a nonprofit religious or charitable
organization, and shall apply to campgrounds where campsites are leased
or are sold pursuant to the condominium statutes of New Jersey or
otherwise.
COMMON OPEN SPACE
An open space area within or related to a site designated
as a development, and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
COMMON OWNERSHIP
Ownership of an interest in two or more contiguous parcels
of real property by one person or by two or more persons owning such
property as tenants by the entirety or as tenants in common.
COMMON SEWERS
Sewerage systems wherein all uses on the property dispose
of sewage into a common facility.
COMMON WATER
A water system wherein all water users on the property obtain
their drinking water from a central well, or wells, or public water
supply system.
COMMUNITY ASSOCIATION
A homeowners' association organized to own, maintain, and
operate common facilities and to enhance and protect their common
interests.
COMMUNITY RESIDENCES FOR THE DEVELOPMENTALLY DISABLED
A residential facility, licensed by the state, providing
food, shelter, and personal guidance, with supervision, to developmentally
disabled or mentally ill persons who require assistance, temporarily
or permanently, in order to live in the community and shall include
group homes, halfway houses, intermediate care facilities, supervised
apartment living arrangements, and hostels.
COMPLETE APPLICATION
An application form completed as specified by ordinance and
the rules and regulations of the governmental agency and all accompanying
documents required by ordinance for approval of the application.
CONCEPT PLAN
An informal review of a plan for development that carries
no vesting rights or obligations on any party.
CONDITIONAL USE
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in the Zoning Ordinance, and upon the issuance of an
authorization therefor by the Planning Board.
CONDOMINIUM
The form of ownership of real property under a master deed,
whether or not contiguous, and all improvements thereon, all owned
either in fee simple or under lease, and all easements, rights and
appurtenances belonging thereto or intended for the benefit thereof.
CONFORMING LOT
A parcel, plot or area of land abutting a street in compliance
with the minimum requirements of N.J.S.A. 40:55D-35, exclusive of
any area within such street, whose area is sufficient to provide the
yard space and setback requirements and the minimum area requirements
for the zone district in which it is located and in compliance with
all other minimum requirements for said district as required by this
chapter.
CONSERVATION AREA
An environmentally sensitive area with characteristics such
as steep slopes, wetlands, floodplains, high-water tables, forest
areas, endangered species habitat, dunes, or areas of significant
biological productivity or uniqueness that have been designated for
protection from any activity that would significantly alter their
ecological integrity, balance, or character.
CONSOLIDATION
The removal of lot lines between contiguous parcels.
CONTIGUOUS DEVELOPABLE LAND
The minimum contiguous area within the setbacks of a lot consisting of land suitable for the construction of the principal and accessory buildings and structures, excluding environmentally sensitive areas as defined in §
240-104K. The well and septic system need not be located within the contiguous developable land area but cannot be located within 50 feet of any boundary line.
[Added 3-6-2007 by Ord. No. 2007-3]
CONVENIENCE STORE
Any retail establishment offering the sale of prepackaged
food products, household items, newspapers and magazines, sandwiches
and other freshly prepared foods, such as salads, for off-site consumption.
CONVERSION
A change in the use of land or a structure.
COUNTRY CLUB
Land area and buildings containing such features as golf
courses, tennis courts, playfields, beaches, recreational facilities,
a clubhouse, and other customary accessory uses, open only to members
and their guests.
COUNTY MASTER PLAN
A composite of the Master Plan for the physical development
of the county in which the municipality is located, with the accompanying
maps, plats, charts and descriptive and explanatory matter adopted
by the County Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4.
COUNTY PLANNING BOARD
The County Planning Board, as defined in Section 1 of P.L.
1968, c. 285 (N.J.S.A. 40:27-6.1), of the county in which the land
or development is located.
CRITICAL AREA
A.
Any area in any zoning district of the Township
where, because of soil characteristics or the existence of a stream,
floodplain, pond, lake or wetland or because of any water table, slope,
topographical or vegetational condition, any land or water in the
following classifications is to be considered as a critical area:
(1)
FLOODPLAIN AREAThe stream channel and the relatively flat area adjoining the channel of any stream area or lake area which has been or may be inundated or covered by floodwater as shown on the floodplain map entitled the "Soil Limitations Map," showing floodplains of Stillwater Township prepared by the United States Department of Agriculture, Soil Conservation Service, from the Stillwater Interim Soils Report of March 1970, Sheet No. 3, including, without limitation, such soils as Whitman, extremely stony sand loam (WO), Carlisle muck (CA), and swamp soils (SP). The floodplain is the relatively flat area adjoining the channel of a natural stream which has been or may be hereafter covered by floodwaters from a one-hundred-year storm, as defined by the New Jersey Department of Environmental Protection.
(5)
STREAM AREAAny body of continuously or intermittently flowing water or watercourse, whether designated as a stream, brook, creek, river or otherwise, and consisting of a bed and banks.
(6)
LAKE AREAAny flowing or nonflowing body of water with a mean depth of four feet or greater, whether designated as a lake, pond or reservoir.
B.
Special regulations govern the construction
of buildings and structures provided in order to promote and protect
the public health, safety and general welfare of the people.
CUL-DE-SAC
A street with a single means of ingress and egress and having
a turnaround, the design of which may vary.
CULVERT
A closed or open conduit designed for the purpose of conveying
an open channel watercourse under a road, highway, pedestrian walk,
railroad embankment, or other type of overhead structure.
CURB
A stone, concrete, or other improved boundary marking the
end of the roadway or paved area.
CURB LEVEL
The elevation of the street curb as established in accordance
with law.
DAYS
Calendar days unless otherwise specified.
DEDICATION
An appropriation or the giving up of property to public use
or to the use by a community agency or community association which
precludes the owner, or others holding rights through the owner, from
asserting any right of ownership inconsistent with the use for which
the property is dedicated.
DEDICATION FOR STREET PURPOSES
A dedication of land for construction, reconstruction, widening,
repairing, maintaining or improving a street, public or private, and
for the construction, reconstruction or alteration of facilities related
to the safety, convenience or carrying capacity of said street, including
but not limited to curbing, pedestrian walkways, drainage facilities,
traffic control devices and utilities in or along road rights-of-way.
DENSITY
The permitted number of dwelling units per gross area of
land to be developed.
DESIGN ENGINEER
A person professionally qualified and duly licensed to perform
engineering services that may include but not necessarily be limited
to development of project requirements, creation and development of
project design, and preparation of drawings and specifications.
DESIGN FLOOD
The magnitude of a flooding event that a facility is designed
to accommodate. This event can also be used as the basis of a water
surface elevation, or the delineation of a floodway and flood hazard
area.
DESIGN PROFESSIONAL
A person professionally qualified and duly licensed to perform
engineering or other professional design services that may include
but not necessarily be limited to development of project requirements,
creation and development of project design, and preparation of drawings
and specifications.
DETENTION BASIN (POND)
A stormwater management basin or alternative structure designed
to temporarily detain stormwater runoff.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development including the
holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
DEVELOPMENT REGULATION
A zoning ordinance, subdivision ordinance, site plan ordinance,
official map ordinance or other municipal regulation of the use and
development of land, or amendment thereto, adopted and filed pursuant
to this chapter and prevailing law.
DISPLAY SIGN
A sign, including the type commonly known as a "billboard,"
which directs attention to a business, commodity, entertainment or
attraction sold, offered or existing elsewhere than upon the same
lot or development where such sign is displayed, regardless of size.
DOCK
Any platform, including a floating raft, designed and used
to support boating or swimming activities, or for viewing the scenic
vistas associated with a lake or other water body.
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage, and the means
necessary for water supply preservation or prevention or alleviation
of flooding.
DRAINAGE SYSTEM
Natural and man-made components that contain, convey, absorb,
store, treat, or dispose of surface water runoff or groundwater.
DRIVEWAY
A defined paved or unpaved surface providing vehicular access
from one or more lots to a street. A driveway is not a road, street,
boulevard, highway, or parkway.
DWELLING, SINGLE-FAMILY
A building containing one dwelling unit only and occupied
exclusively for residence purposes by one family or one housekeeping
unit.
DWELLING UNIT
One or more rooms designed, occupied, or intended for occupancy
as a separate living quarter, with cooking, sleeping and sanitary
facilities provided within the dwelling unit for the exclusive use
of a single family.
EASEMENT
A right to use the land of another for a specific purpose.
EASEMENT, CONSERVATION
The grant of a property right stipulating that the described
land will remain in its natural state and precluding future or additional
development.
EASEMENT, DRAINAGE
Land required for the installation of stormwater sewers or
drainage ditches and/or required for the preservation or maintenance
of a natural stream or watercourse or other drainage facility.
EDUCATIONAL USE
Public, parochial and private elementary and secondary schools
duly licensed by the State of New Jersey, attendance at which is a
sufficient compliance with the compulsory education requirements of
the state. Educational uses shall also include institutions of higher
education duly licensed by the State Department of Higher Education.
Summer day camps shall not be considered as educational uses or accessories
to such uses.
ELEVATION
A.
A vertical distance above or below a fixed reference
level;
B.
A fully dimensioned drawing of the front, rear,
or side of a building showing features such as windows, doors, and
the relationship of grade to floor level.
ENLARGEMENT
An increase in the size of an existing structure or use,
including physical size of the property, building, parking and other
improvements.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance, by
public utilities or municipal or other governmental agencies of underground,
surface or overhead gas, electrical, steam or water transmission or
distribution systems, including electrical substations, telephone
dial centers, poles, towers, wires, mains, drains, sewers, pipes,
conduits, cables, fire alarm and police call boxes, traffic signals,
light stanchions, telephone lines, hydrants and other similar equipment
and accessories in connection therewith, reasonably necessary for
the furnishing of adequate service by public utilities or municipal
or other governmental agencies for the public health, safety or general
welfare. Essential services shall include firehouses, first-aid and
emergency aid squads, whether provided by a municipal or nonprofit
agency, pumping stations, sewage treatment facilities, standpipes
and water storage tanks.
EXCAVATION
Removal or recovery by any means whatsoever of soil, rock,
mineral, mineral substances, or organic substances, other than vegetation,
from water or land, on or beneath the surface thereof, or beneath
the land surface, whether exposed or submerged.
EXCEPTION
Permission to depart from the design standards in this chapter.
EXTENSION
An increase in the amount of existing floor area beyond the
exterior wall.
FAA
The Federal Aviation Administration.
FAMILY
Any number of individuals living together as a single housekeeping
unit and using certain rooms and housekeeping facilities in common,
but not including those individuals living in a hospital, nursing
home, sanatorium, hotel, motel, boardinghouse, fraternity house or
similar building or institution.
FAMILY FARM
An area of land which is actively devoted to agricultural
or horticultural use which contains one acre but less than five acres
of land; said parcel must contain the primary residential unit of
the property owner and meet all other requirements of the zone located
and all Board of Health rules and standards. Animal numbers and waste
management shall follow the recommended guidelines set forth in Recommended
Guidelines for Home Animal Agriculture in Residential Areas, Leaflet
501, November 1982, or most current, Cooperative Extension Service,
Cook College, Rutgers, The State University of New Jersey, a copy
of which is annexed hereto which guidelines are hereby adopted and
enacted by reference, and three copies thereof have been placed on
file in the Township Clerk's office and shall be kept on file for
use and examination by the public. A family farm, as defined herein,
is not eligible for farmland assessment.
FARM
An area of land which is actively devoted to agricultural
or horticultural use which occupies no less than five acres, exclusive
of one acre upon which the farmhouse is located and such additional
land as may actually be used in connection with the farmhouse as provided
in N.J.S.A. 54:4-23.3, 54-23.4 and 54-23.11.
FARM BUILDING
Any building used for the housing or storage of agricultural
equipment, produce, livestock or poultry or for the incidental or
customary processing of farm products, provided that such building
is located on, operated in conjunction with and necessary to the operation
of a farm.
FARMSTAND
An accessory use in connection with the principal use of
the farm where goods are available for sale. No farm stand shall exceed
100 square feet in area.
FCC
The Federal Communications Commission.
FENCE
A structure of wood, metal, stone, masonry or other material,
and shall also include barriers formed by living vegetation used to
separate land areas.
FILL
Sand, gravel, earth, or other materials of any composition
whatsoever placed or deposited in or upon the land.
FINAL APPROVAL
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantees.
FINAL PLAT
The final map of all, or a portion, of a subdivision which
is presented for final approval.
FIRST FLOOR
First floor area shall be measured by using the outside dimensions
of the occupied residential portion of a building, excluding the area
of an attached garage. For a split-level or tri-level, the area shall
be considered to be the sum of the areas of the two lowest adjoining
occupied residential levels, excluding an attached garage.
FLOOD-FRINGE AREA
That portion of the flood hazard area outside of the floodway
based on total area inundated during the regulatory base flood plus
25% of the regulatory base flood discharge.
FLOOD HAZARD AREA
The floodplain consisting of the floodway and the flood fringe
area.
FLOODPLAIN
The stream channel and the relatively flat area adjoining
the channel of any stream area or lake area which has been or may
be inundated or covered by floodwater as shown on the floodplain map
entitled the "Soils Limitations Map," showing floodplains of Stillwater
Township prepared by the United States Department of Agriculture,
Soil Conservation Service, from the Stillwater Interim Soils Report
of March 1970, Sheet No. 3, including, without limitation, such soils
as Whitman, extremely stony sandy loam (WO), Carlisle muck (CA), and
swamp soils (SP). "Floodplain" is the relatively flat area adjoining
the channel of a natural stream which has been or may be hereafter
covered by floodwaters from a one-hundred-year storm, as defined by
the New Jersey Department of Environmental Protection.
FLOODWAY
The channel of a natural stream or river and portions of
the floodplain adjoining the channel, which are reasonably required
to carry and discharge the floodwater or flood flow of any natural
stream or river.
FLOOR AREA, GROSS
The sum of the gross horizontal areas of the several floors
of the building from the exterior face of exterior walls, or from
the center line of a wall separating two buildings, but excluding
any space where the floor-to-ceiling height is less than six feet.
FLOOR AREA, LIVABLE
The total floor area of a dwelling, but not including rooms
with more than 1/2 of their cubic area below finished grade, such
as rooms for heating equipment, garages, unenclosed porches, breezeways
or other unheated areas. For the purpose of this chapter, floor area
covered in whole or in part by a sloping ceiling shall be counted
toward minimum livable floor area only for that portion having headroom
of at least five feet six inches, provided further that at least 75%
of such floor area has a ceiling height of at least seven feet six
inches, and provided further that if such floor is situated above
another floor, it shall be accessible from other livable floor areas
in the dwelling by means of a permanent built-in stairway.
FOREST
Areas of stands of trees, the majority of which are greater
than 12 inches caliper, covering an area greater than 1/4 acre; or
groves of mature trees without regard to minimum area and caliper
consisting of substantial numbers of individual specimens, or creating
the visual impression of a forest as defined irrespective of the numbers
and kinds of individual specimens.
FORESTRY
Establishments primarily engaged in the operation of timber
tracts, tree farms, forests nurseries, the gathering of forest products
or performing forest services.
FRATERNAL ORGANIZATION
A group of people formally organized for a common cultural,
religious or entertainment interest, involving regular meetings, rituals
or ceremonies, and formal written membership requirements.
FRONTAGE
That side of a lot abutting a street at and along the front
lot line.
GARAGE, PRIVATE
A garage in which no business, service or industry is carried
on and which is not designed to contain more than three motor vehicles.
GARAGE, PUBLIC
Any garage not included within the definition of "private
garage."
GARAGE, REPAIR
Any building, premises and land upon which a business, service
or industry involving the maintenance, service and repair of vehicles
is conducted or rendered, but excluding auto body and painting establishments.
GOVERNMENTAL AGENCY
Any department, commission, independent agency, or instrumentality
of the United States, of a state, county, incorporated or unincorporated
municipality, township, authority, district, or other governmental
unit.
GRADE
The inclination of a sloping surface, usually expressed in
percentage terms.
GRADED AREA
As it pertains to streets, land adjacent and parallel to
the cartway within the right-of-way which must be flattened or leveled
to the same width and cross-slope as the sidewalk if a sidewalk had
been required at that location.
GRANITE BLOCK CURB
A curb constructed of rectangular-shaped stone or granite
blocks, placed vertically in a concrete foundation, and also known
as "Belgian block curb."
GREENWAY
A.
A linear open space established along either
a natural corridor, such as a stream valley or ridgeline, or over
land along a scenic road or other route;
B.
Any natural or landscaped course for pedestrian
or bicycle passage;
C.
An open-space connector linking park areas,
natural reserves, cultural features, or historic sites with each other
and with populated areas.
GROUP HOMES
Community residences for the developmentally disabled and
community shelters for victims of domestic violence and community
residences for the terminally ill. A "community residence for the
developmentally disabled" means any community residential facility
licensed pursuant to N.J.S.A. 30:11B-1 et seq., providing food, shelter
and personal guidance, under such supervision as required, to more
than six but 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. "Community shelters for
victims of domestic violence" means any shelter approved for a purchase
of service contract and certified pursuant N.J.S.A. 30:14-1 et seq.,
providing food, shelter, medical care, legal assistance, personal
guidance and other services to more than six but 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 and psychological welfare. "Community
resident for the terminally ill" means 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.
GROUND COVER
Grasses or other plants and landscaping grown or placed to
keep soil from being blown or washed away.
GROUNDWATER
The supply of freshwater under the surface in an aquifer
or geologic formation that forms the natural reservoir for potable
water.
GUARANTEES
Cash, letters of credit, bonds or similar financial instruments
deposited with the Township to assure that required improvements will
be constructed, installed or maintained.
GUIDE RAIL
A safety barrier designed to protect motor vehicles from
hazardous areas.
GUTTER
The shallow channel set along the curb or the paved edge
of a road for purposes of catching and carrying off runoff water.
HABITABLE ROOM
Any room in a dwelling unit other than a kitchen, bathroom,
closet, pantry, hallway, cellar, storage space, garage and basement
recreation room.
HABITAT
The sum total of all the environmental factors of a specific
place that is occupied by an organism, population, or a community.
HAZARDOUS MATERIALS
Includes but is not limited to inorganic mineral acids of
sulfur, fluorine, chlorine, nitrogen, chromium, phosphorus, selenium
and arsenic and their common salts; lead, nickel and mercury and their
inorganic salts or metal-organic derivatives; coal tar acids, such
as phenols and cresols and their salts; and any such materials that
are determined to be hazardous by the New Jersey Department of Environmental
Protection.
HAZARDOUS USE
A building or structure or any portion thereof that is used
for the storage, manufacture, or processing of highly combustible
or explosive products or materials, which are likely to burn with
extreme rapidity or which may produce poisonous fumes or explosions;
for storage or manufacturing that involves highly corrosive, toxic
or noxious alkalis, acids, or other liquids or chemicals producing
flame, fume, poisonous, irritant, or corrosive gases; and for the
storage or processing of any materials producing explosive mixtures
of dust or that result in the division of matter into fine particles
subject to spontaneous ignition.
HEALTH CARE FACILITY
A facility or institution, whether public or private, principally
engaged in providing services for health maintenance and the treatment
of mental or physical conditions.
HEALTH CLUB
An establishment that provides facilities for aerobic exercises,
running and jogging, exercise equipment, game courts, swimming facilities,
saunas, showers, massage rooms and lockers.
HEALTH SERVICES
Health care facilities as well as establishments providing
support to the medical profession and patients, such as medical and
dental laboratories, blood banks, and miscellaneous types of medical
supplies and services.
HEIGHT
When referring to a tower or other structure, the distance
measured from the lowest finished grade of the base of the tower to
the highest point on the tower or other structure, including the base
pad and any antenna.
HISTORIC SITE
Any real property man-made structure, natural object or configuration
or any portion or group of the foregoing of historical, archaeological,
cultural, scenic or architectural significance.
HOME OCCUPATION
Any activity carried out for gain by a resident and conducted
as a reasonable, customary, incidental and accessory use in the residents'
dwelling unit.
HOME PROFESSIONAL OFFICE
Partial office use of a single-family detached dwelling by
a practitioner of a recognized profession, including but not limited
to attorneys, engineers, architects, medical practitioners, planning
consultants, insurance agents, accountants and similar professionals
offering a service for a fee.
HOMEOWNERS' ASSOCIATION
A community association other than a condominium association,
that is organized in a development in which individual owners share
interests and responsibilities for costs and upkeep for common open
space or facilities.
HORTICULTURE
The cultivation of the soil and the raising and harvesting
of the products of the soil, particularly the raising of houseplants,
seedlings, ornamental plants, bushes, trees, shrubs and vines, whether
field, hothouse or greenhouse grown.
HOTEL
A building which contains furnished living units for transient
occupants and in which no living unit contains more than two rooms
exclusive of bathroom, foyer, closet or dressing area, terraces or
balconies, and providing, among other things, such services and features
as a lobby, mail and valet services, linens, central dining rooms,
lounges, concessions, room service, dispensary, game and hobby rooms,
public assembly areas and other services and features, including twenty-four-hour
desk service. Living units may be provided for the sole use of resident
employees, provided that the same do not exceed 3% of the living units
provided. (See also "motel.")
HOUSEHOLD
A family living together in a single dwelling unit, with
common access to and common use of all living and eating areas and
all areas and facilities for the preparation and serving of food within
the dwelling unit.
HOUSEHOLD PET
A domesticated dog, cat or other animal housed within the
principal residence.
HYDROPHYTE
Plant life adapted to growth and reproduction under periodically
saturated root zone conditions during at least a portion of the growing
season.
IMPERVIOUS SURFACE
A surface that has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by water.
IMPOUNDMENT
A body of water, such as a pond, confined by a dam, dike,
floodgate, or other barrier.
IMPROVED PUBLIC STREET
For subdivision or site plan purposes, any street which complies
in width and construction with municipal standards and has been accepted
by the Township.
IMPROVEMENT
Any permanent structure that becomes part of, placed upon
or is affixed to land.
INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEM
A system for disposal of sanitary sewage into the ground
which is designed and constructed to treat sanitary sewage in a manner
that will retain most of the settleable solids in a septic tank, and
to discharge the liquid effluent to a disposal field. The term "system"
is equivalent in meaning.
INSTITUTIONAL USES
A use by a public or nonprofit quasi-public or private institution
for educational, religious, charitable or medical purposes.
INTERESTED PARTY
A.
In a criminal or quasi-criminal proceeding,
any citizen of the State of New Jersey; and
B.
In the case of a civil proceeding in any court or in an administrative
proceeding before a municipal agency, any person, whether residing
within or without the municipality, whose right to use, acquire, or
enjoy property is or may be affected by any action taken under this
chapter, or whose rights to use, acquire, or enjoy property under
this chapter, or under any other law of this state or of the United
States have been denied, violated or infringed by an action or a failure
to act under this chapter.
ISOLATED LOT
An undeveloped substandard lot in separate ownership from
surrounding properties.
JUNK
Any scrap, waste, reclaimable material and debris, whether
or not stored or used in conjunction with dismantling, processing,
salvage, storage, baling, disposal or other use or disposition. "Junk"
may include, for purposes of illustration, vehicles, tires, vehicle
parts, equipment, paper, rags, metal, glass, plaster, household appliances,
wood, lumber, brush and building materials.
JUNK VEHICLE
A vehicle which, for all intents and purposes, has been abandoned,
is no longer in an operable condition or has been extensively vandalized
causing it to no longer be operable or serviceable.
JUNKYARD
Any area, lot, land, parcel, building or structure or part
thereof used for the storage, collection, processing, purchase, sale,
salvage, or disposal of junk, including but not limited to wastepaper,
rags, scrap metal or other scrap or discarded or abandoned goods,
materials, machinery or one or more unregistered/inoperable/substantially
disabled vehicle, or any other solid or bulk waste.
KENNEL
A commercial establishment in which dogs or domesticated
animals are housed, groomed, bred, boarded, trained, or sold for a
fee or compensation.
LAKE
An inland water body fed by springs or surrounding runoff
and impounded naturally or by a dam, dike, floodgate or other barrier.
LAND
Real property including improvements and fixtures on, above
or below the surface.
LANDMARK
Any site, building, structure, or natural feature that has
visual, historic, or cultural significance.
LANDSCAPE PLAN
A component of a development plan on which is shown proposed
landscape species (such as number, spacing, size at time of planting,
and planting details); proposals for protection of existing vegetation
during and after construction; proposed treatment of hard and soft
surfaces; proposed decorative features; grade changes; buffers and
screening devices; and any other information that can reasonably be
required in order that an informed decision can be made by the approving
authority.
LIGHTING PLAN
An iso-footcandle diagram or diagrams showing existing and/or
proposed levels of illumination produced in accordance with standards
contained in the IES Lighting Handbook, as amended, or similar prevailing
standard.
LIMESTONE
A carbonate sedimentary rock consisting chiefly of calcium
carbonate, or any rock consisting of at least 80% calcium or magnesium
carbonate.
LOCAL UTILITY
Any sewerage authority created pursuant to the Sewerage Authorities
Law, P.L. 1946, c. 138 (N.J.S.A. 40:14A-1 et seq.); any utilities
authority created pursuant to the Municipal and County Utilities Authority
Law, P.L. 1957, c. 183 (N.J.S.A. 40:14B-1 et seq.); or any utility,
authority, commission, special district or other corporate entity
not regulated by the Board of Regulatory Commissioners under Title
48 of the Revised Statutes that provides gas, electricity, heat, power,
water or sewer service to the Township or the residents thereof.
LOT
A piece or parcel of land abutting on a street, the area
of which, in addition to the parts thereof occupied by a principal
building and its accessory buildings, is sufficient to provide the
yard spaces required by this chapter and which conforms to the minimum
area requirements of this chapter. In the event that more than one
plot or lot, as set forth on any map filed in the County Clerk's office
or as set forth on the present or future Tax Maps of the Township,
is used in part or in full with one or more other such plots or lots
for the creation of a building and its accessories, including yards
required by this chapter, the aggregate of all such plots or lots
shall, for the purposes of this chapter, be deemed to be one lot.
LOT AREA
The total area contained within the lot lines.
LOT AVERAGING
A design technique permitting one or more lots in a subdivision
to be undersized, provided that the same number of lots in the same
subdivision are oversized by an equal or greater area.
LOT, CORNER
A lot or parcel of land abutting upon two or more streets
at their intersection or upon two parts of the same street forming
an interior angle of less than 135°.
LOT COVERAGE
Impervious coverage as defined in this chapter.
LOT LINE
A line of record bounding a lot that separates one lot from
another lot or from a right-of-way.
LOT, SUBSTANDARD
A parcel of land that has less than the minimum area or minimum
dimensions required in the zone in which the lot is located.
LOT DEPTH
The average distance measured from the front lot line to
the rear lot line. Where the front and rear lot lines are not parallel,
"lot depth" means the distance measured by drawing several evenly
separated lines from the front to rear lot lines, at right angles
to the front lot line to the extent possible, and averaging the length
of such lines.
LOT LINE, FRONT
The street line of a lot. For a corner lot, the front shall
be considered to be the shortest street line. For a lot that fronts
two streets, the front line shall be defined by the driveway.
LOT LINE, SIDE
Any property line of a lot which is not a front or rear lot
line.
LOT WIDTH
The distance between side lot lines measured along the building
line.
MAINTENANCE GUARANTEE
Any security which may be accepted by a municipality for
the maintenance of any improvements required by this chapter, including
but not limited to surety bonds, letters of credit under the circumstances
specified in Section 16 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.5),
and cash.
MASTER PLAN
A composite of one or more written or graphic proposals for
the development of the municipality as set forth in and adopted pursuant
to Section 19 of P.L. 1975 c. 291 (N.J.S.A. 40:55D-28).
MAYOR
The chief executive of the municipality.
MINOR SITE PLAN
The development plan of a single lot which proposes new development
within the scope of development specifically permitted by this chapter
as a minor site plan; does not involve planned development, any new
street or extension of any off-tract improvement which is to be prorated
pursuant to this chapter; 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; involves no variances; poses no detriment to public health,
safety or welfare; involves no substantial detrimental impacts either
on site or off site; and shall be limited to the following classes
of development:
A.
A change in use and/or alterations involving
no building construction other than interior modification or interior
structural alteration, and no additional off-street parking.
B.
Minor exterior or structural changes, such as
entry enclosures, porticos and other structural appurtenances, including
roof appurtenances.
C.
Building additions not exceeding 500 square
feet in building coverage or 25% of existing building coverage, whichever
is greater, and accessory structures not exceeding 500 square feet
in lot coverage, provided that the same do not invade upon any required
parking area, setback area or otherwise violate any requirements of
this chapter.
MINOR SUBDIVISION
The division of a tract of land meeting one or more of the
following conditions:
A.
The division of a parcel of land for the purpose of enlarging an adjoining parcel wherein the remaining parcel shall not be in conflict with the zoning article (§
240-102 et seq.), nor is its future use or development adversely affected.
B.
The division of a tract of land into not more
than two separate lots or parcels, exclusive of the remainder, if
any, wherein all such lots or parcels meet all of the following requirements:
(1)
Such lots shall not be in conflict with the zoning article (§
240-102 et seq.), the Master Plan or Official map.
(2)
All lots front on an existing street or road which is currently maintained by the Township, the county or the state, or, in the case of private streets, such streets or roads shall be currently maintained by property owners or their agents. If private roads, as well as the primary connecting roads necessary to be used to reach a public road, have not been maintained and improved by provision for drainage, grading and surfacing, then that section of road shall meet the standards for road acceptance set forth in Article
III of Chapter
350 of the Code of the Township of Stillwater. All existing streets or roads, public or private, shall have right-of-way widths required by the Master Plan, Official Map, road acceptance standards, pursuant to Article
III of Chapter
350 or Article
VI, Subdivision and Site Plan Review and Approval, of this chapter, as applicable.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
No new streets or roads shall be involved.
(4)
All improvements required by any provision of
this chapter are either in existence or such lots are located in an
area where improvements do not generally exist, in which event some
or all of the improvement requirements may be waived by the Planning
Board.
(5)
The resulting lots are suitable for their intended
purpose without the necessity of making unusual changes in grades
of the lots.
(6)
The creation of such lots shall not produce
a drainage problem or result in the necessity for drainage improvements.
(7)
The creation of such lots will not adversely
affect the uniform and comprehensive development of any remaining
parcel or adjoining land in terms of:
(a)
Suitable future road access and desirable future
road and lot patterns.
(b)
Future water and sanitary sewerage utility installations
and storm drainage improvements.
(8)
Not more than two lots shall be created from
any tax lot within three years of the date of approval of any prior
subdivision affecting said tax lot, or any portion thereof, including
any lot so created as well as the remainder. A change in ownership
shall have no effect on the three-year limitation.
(9)
If complete development of the remaining lot
or parcel, as permitted by this chapter, would require a new road
or roads, a proposed road system for the entire parcel shall be submitted
for the approval of the Planning Board acting upon the advice of the
Township Engineer.
(10)
For the purpose of classification as a minor
subdivision, all lots, tracts or parcels of land within a single block
as shown on the Tax Map and tax records as being under one ownership
shall be taken into account as a single unit of land in applying the
restrictions set forth for approval as a minor subdivision. If more
than one described lot, tract or parcel are contained in one deed,
or if more than one deed contains land within a single block as shown
on the Tax Map and tax records as being under one ownership, the aggregate
of the lots, tracts, or parcels of and within the Tax Map block shall
be treated as a single unit of land.
MOTEL
An establishment providing sleeping accommodations for transient
occupants with a majority of all rooms having direct access to the
outside without the necessity of passing through the main lobby of
the building.
MUNICIPAL AGENCY
The Planning Board or Zoning Board of Adjustment, or the
governing body when acting pursuant to this chapter and any agency
which is created by or responsible to the Township when such agency
is acting pursuant to this chapter or prevailing law.
NATURE PRESERVE
An area in which human activity is limited to hiking and
walking trails with activities of similar impact and which is restricted
by conservation easement.
NATURAL GRADE
The elevation of the ground surface in its natural state
before man-made alterations.
NATURAL HERITAGE PRIORITY SITE
A site identified by the Office of Natural Lands Management
in the Division of Parks and Forestry, Department of Environmental
Protection, as representing some of the best remaining habitat for
rare species regardless of rank.
NEIGHBORHOOD COMMERCIAL
Districts are designed to permit development of retail shops
and other commercial uses on a limited scale for the purpose of serving
primarily those who reside in the surrounding area of the Township.
NOISE
Any undesired audible sound.
NOISE POLLUTION
Continuous or episodic excessive noise in the human environment.
NONCONFORMING LOT
A lot the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a 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 STRUCTURE
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a 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 USE
A use or activity which was lawful prior to the adoption,
revision or amendment of a 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 of 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 affect a human being of ordinary sensibility; or the generation
of an excessive or concentrated movement of people or things, such
as but not limited to noise, dust, smoke, fumes, odor, glare, flashes,
vibrations, shock waves, heat, electronic or atomic radiation, objectionable
effluent, noise or congregation of people, especially at night, passenger
traffic, transportation of things by truck rail or other means and
the invasion of nonabutting frontage by parking.
NUISANCE ELEMENT
Any environmental pollutant, such as smoke, odors, liquid
wastes, solid wastes, radiation, noise, vibration, glare, or heat.
NURSERY
Land and/or greenhouses used to raise flowers, shrubs and
plants for sale, and which may include landscaping and gardening supplies.
NURSING HOME
A building providing shelter and/or supplemental health care
of the elderly or infirm and meeting the standards of and licensed
by the State of New Jersey.
OFFICE
A room or group of rooms used for conducting the administrative
affairs of a business, profession, service, industry, or government
and generally furnished with desks, tables, files, communication and
electronic equipment.
OFFICE BUILDING
A building containing offices used primarily for conducting
the affairs of businesses, professions, services, industry, or government,
or like activity, and may include ancillary services for office work,
such as a restaurant, coffee shop, newspaper or candy stand, and child-care
facilities.
OFFICIAL COUNTY MAP
The map, with changes and additions thereto, adopted and
established, from time to time, by resolution of the Board of Chosen
Freeholders of the county pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP
A map adopted by ordinance pursuant to Article 5 of P.L.
1975, c. 291 (N.J.S.A. 40:55D-32).
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 the closest half of the street or
right-of-way abutting the property of which the lot is a part.
OFF-SITE IMPROVEMENT
Improvement required to be made off site as a result of an
application for development and including, but not limited to, road
widening and upgrading, stormwater facilities, and traffic circulation
improvements.
OFF-STREET PARKING SPACE
A storage area for a motor vehicle that is directly accessible
to an access aisle and that is not located within a dedicated street
right-of-way.
OFF TRACT
Not located on the property which is the subject of a development
application nor on the closest half of an abutting street or right-of-way.
OFF-TRACT IMPROVEMENT
Improvement required to be made off-tract as a result of
an application for development.
ON SITE
Located on the lot in question and excluding any abutting
street or right-of-way.
ON TRACT
Located on the property which is the subject of a development
application or on the closest half of an abutting street or right-of-way.
OPEN SPACE
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
OPEN SPACE, COMMON
An open space area within or related to a site designated
as a development, and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
OPEN SPACE RATIO
The total area of open space divided by the total site area
in which the open space is located.
OUTDOOR STORAGE
The keeping in an unenclosed area of any goods, junk, material,
merchandise, or vehicles in the same place for more than 24 hours.
OWNER
An individual, firm, association, partnership, company, corporation
or other entity having sufficient proprietary interest in the land
sought to be developed to commence and maintain proceedings to develop
the same under this chapter.
PARKING AREA, PRIVATE
Any open area, including parking spaces, driveways and access
aisles, other than a street or other public way, used for the temporary
storage of automobiles, and other permitted vehicles for the private
use of the owners or occupants of the lot on which the area is located.
PARKING AREA, PUBLIC
Any open area, including parking spaces, driveways and access
aisles, other than a street or other public way, used for the temporary
storage of automobiles and other permitted vehicles and available
to the public, with or without compensation or as an accommodation
for clients, customers and employees, and containing the number of
handicap parking spaces required by law.
PARKING SPACE
A space for the parking of a motor vehicle within a public
or private parking area, and which shall be at least nine feet wide
and 20 feet long.
PARTY IMMEDIATELY CONCERNED
For purposes of notice any applicant for development, the
owners of the subject property and all owners of property and government
agencies entitled to notice under Section 7.1 of P.L. 1975, c. 291
(N.J.S.A. 40:55D-12).
PAVEMENT
A.
A created surface, such as asphalt, brick, concrete
or stone, placed on the land to facilitate passage;
B.
That part of a street having an improvement
surface.
PERCOLATION TEST ("PERC TEST")
A test designed to determine the ability of the ground to
absorb water and used in determining the suitability of a soil for
drainage or for the use of a septic system.
PERFORMANCE GUARANTEE
Any security, which may be accepted by a municipality, including
but not limited to surety bonds, letters of credit under the circumstances
specified in Section 16 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.5),
and cash.
PERSONAL SERVICE ESTABLISHMENT
An establishment primarily engaged in providing services
involving the care of a person or his or her personal goods or apparel,
including but not limited to beauty shops, barbershops, laundries,
cleaners, funeral homes, and clothing rental operations.
PLACE OF WORSHIP
A.
A church, synagogue, temple or other facility
that is used for prayer and religious services by and for persons
of similar beliefs;
B.
A special purpose building that is architecturally
designed and particularly adapted for the primary use of conducting
regular, formal religious services by a religious congregation;
C.
A group of such buildings or structures, that
by design and construction is primarily intended for conducting organized
religious services and associated accessory uses. See "church."
PLANNED DEVELOPMENT
Planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
PLANNED INDUSTRIAL DEVELOPMENT
An area of a minimum contiguous size as specified by this
chapter to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
industrial uses and any other uses incidental to the predominant use
as may be permitted by this chapter.
PLANNED UNIT DEVELOPMENT
An area with a specified minimum contiguous acreage of 10
acres or more to be developed as a single entity according to a plan,
containing one or more residential clusters of planned unit residential
developments and one or more public, quasi-public, commercial or industrial
areas in such ranges of ratios of nonresidential uses to residential
uses as shall be specified in this chapter.
PLANNED UNIT RESIDENTIAL DEVELOPMENT
An area with a specified minimum contiguous acreage of five
acres or more to be developed as a single entity according to a plan
containing one or more residential clusters, which may include appropriate
commercial, or public or quasi-public uses all primarily for the benefit
of the residential development.
PLANNING BOARD
The municipal Planning Board established pursuant to Section
14 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-23).
PLAT
A map or maps of a subdivision or site plan.
PLAT, SKETCH
A concept or informal map of a proposed subdivision or site
plan of sufficient accuracy to be used for the purpose of discussion
and classification.
PLAYGROUND
An active recreation area with a variety of facilities, including
equipment for younger children as well as court and field games.
PLOT
A.
A single unit parcel of land;
B.
A parcel of land that can be identified in reference
to a recorded plat or map.
PREEXISTING TOWERS and PREEXISTING ANTENNAS
Any tower or antenna for which a construction permit or other
permit has been properly issued prior to the effective date of this
chapter, including permitted towers or antennas that have not yet
been constructed so long as such approval is current and not expired,
and including any tower or antenna that is presently a permitted use
on property owned, leased or otherwise controlled by the Township
of Stillwater.
[Amended 6-18-2024 by Ord. No. 2024-10]
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to Sections 34,
36 and 37 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-46; 40:55D-48 and
40:55D-49) prior to development approval after specific fundamental
elements of a development plan have been agreed upon by the Planning
Board and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating, in a schematic form,
its scope, scale and relationship to its site and immediate environs.
PREMISES
A lot, parcel, tract or plot of land, together with the buildings
and structures thereon.
PRINCIPAL USE
The primary or predominant use of any lot or parcel.
PRIVATE LAKE COMMUNITY
A community of one or more neighborhoods within an identifiable
area surrounding one or more lakes, sharing a common residential and
social purpose pursuant to a charter, bylaws and other regulations,
and in which the rights to the use of the lake(s) and other common
areas are exclusive to member residents and their invitees, and which
is controlled and managed by a community association as defined in
this article.
PROFESSIONAL OFFICE
The office of a member of a recognized profession maintained
for the conduct of that profession.
PROFESSIONAL OFFICE BUILDINGS
Includes not more than three offices or suites used by a
physician, surgeon, dentist, lawyer, architect, engineer, professional
artist, landscape architect, accountant, real estate broker, insurance
broker or similar professional person; also, the office of a tradesman
whose field of activity is entirely away from home, including building
contractors and the like.
PROFESSIONAL OFFICE IN RESIDENCE
An occupation such as physician, dentist, minister, architect,
engineer, surveyor, psychiatrist, lawyer, planner or other similar
licensed professional, whose regular office is situated in his primary
residence.
PROJECT
A development with necessary site improvements on a particular
parcel of land.
PROPERTY
A lot, parcel, or tract of land together with the building
and structures located thereon.
PUBLIC AREAS
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 biological as well as drainage function
of the channel and provided for the flow of water to safeguard the
public against flood damage, sedimentation and erosion and to assure
the adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground where practical, and to lessen nonpoint
pollution.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, board of education, state or county agency, or other
public body for recreational or conservational uses.
PUBLIC ROADWAY OR RAILROAD
A pathway for use by motor vehicles or trains that is intended
for public use and is constructed by, or on behalf of, a public transportation
entity. A public roadway or railroad does not include a roadway or
railroad constructed as part of a private development, regardless
of whether the roadway or railroad is ultimately to be dedicated to
and/or maintained by a governmental entity.
[Added 10-17-2023 by Ord.
No. 2023-28]
PUBLIC TRANSPORTATION ENTITY
A federal, state, county, or municipal government, an independent
state authority, or a statutorily authorized public-private partnership
program pursuant to P.L. 2018, c. 90 (N.J.S.A. 40A:11-52 et seq.),
that performs a public roadway or railroad project that includes new
construction, expansion, reconstruction, or improvement of a public
roadway or railroad.
[Added 10-17-2023 by Ord.
No. 2023-28]
PUBLIC UTILITY
Any public utility regulated by the Board of Regulatory Commissioners
and defined pursuant to N.J.S.A. 48:2-13.
QUORUM
The majority of the full authorized membership of a municipal
agency.
RACQUET SPORTS FACILITY
A facility for court games played with a racquet and ball
and played indoors or outdoors on various surfaces.
RECHARGE
The replenishment of water in an aquifer.
RECREATION, ACTIVE
Leisure time activities commonly of a structured nature and
ordinarily involving more than one person, requiring equipment and
taking place at prescribed places, sites, or fields.
RECREATION, PASSIVE
Activities that involve relatively inactive or less energetic
activities, such as walking, sitting, picnicking, board and table
games, and simple appreciation of the environs.
RECREATION FACILITY
A place designed and equipped for the conduct of sports and
leisure time activities.
RECREATION FACILITY, ACTIVE
A commercial recreation facility offering action rides and
similar activities to the public, but specifically excluding amusement
parks and rides typically associated therewith.
RECREATION FACILITY, PERSONAL
A recreation facility provided as an accessory use on the
same lot as the principal permitted use and designed to be used primarily
by the occupants of the principal use and their guests.
RECREATION FACILITY, PRIVATE
A recreation facility operated by a nonprofit, private organization
and open only to bona fide members and guests of such organization.
RECREATION FACILITY, PUBLIC
A recreation facility opened to the general public owned
and operated by a governmental agency, quasi-governmental agency,
or other organization on behalf of the governmental agency or the
general public.
RECREATIONAL DEVELOPMENT
A residential development planned, maintained, operated and
integrated with a major recreation facility, such as a golf course,
ski area or lake.
RECREATIONAL VEHICLE
A vehicular-type unit primarily designed as temporary living
quarters for recreational camping or travel use, and as otherwise
defined in N.J.A.C. 8:22-1.2.
RESEARCH LABORATORY
An establishment engaged in the experimentation, testing
and development of products.
RESIDENCE
A home, abode, or place where an individual is actually living
at a specific point in time.
RESIDENTIAL ACCESS STREET
The lowest order, other than rural street type, of residential
street. (See street hierarchy.) It provides frontage for access to
private lots and carries traffic having destination or origin on the
street itself. Designed to carry traffic at slowest speed.
RESIDENTIAL APPEARANCE
A building structure having the appearance of a single-family
residence, generally similar to single-family residences Classes 15
through 20 inclusive as depicted in the Real Property Appraisal Manual
for New Jersey Assessor, 3rd Edition, or most current issued by the
local property and public utility branch, Division of Taxation, Department
of the Treasury, State of New Jersey.
RESIDENTIAL CLUSTER
An area to be developed as a single entity according to a
plan containing residential housing units which have a common or public
open space area as an appurtenance.
RESIDENTIAL HEALTH CARE FACILITY
A private or public facility or institution, principally
engaged in providing services for health maintenance, diagnosis or
treatment of human disease, pain, injury, deformity or physical condition,
including, but not limited to, a general hospital, special hospital,
mental hospital, public health center, diagnostic center, treatment
center, rehabilitation center, extended-care facility, skilled nursing
home, nursing home, intermediate-care facility, tuberculosis hospital,
chronic disease hospital, maternity hospital, outpatient clinic, dispensary,
home health care agency, boarding home or other home for sheltered
care and bioanalytical laboratory or central services facility serving
one or more such institutions but excluding institutions that provide
healing solely by prayer.
RESIDENTIAL NEIGHBORHOOD STREET
A type of residential access street conforming to traditional
subdivision street design, which provides access to building lots
fronting on a street and provides parking on both sides of street.
RESTAURANT
An establishment where food and drink are prepared, served,
and consumed primarily within the principal building.
RESTAURANT, FAST-FOOD
A business establishment whose principal business is the
sale of pre-prepared or rapidly prepared food directly to the customer
and that is ready for consumption either within the restaurant building,
in cars on the premises or off the premises.
RESTAURANT, TAKE-OUT
An eating establishment where food and drink are prepared
and served and which may be consumed either within the principal building
or can be picked up for consumption off the premises, but does not
include drive-through window service.
RESUBDIVISION
A.
The further division or relocation of lot lines
of any lot or lots within a subdivision previously made and approved
or recorded according to law; or
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.
RETAIL SALES
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and without
necessarily rendering services incidental to the sale of such goods.
RETAIL SALES, OUTDOOR
The display and sale of products and services outside of
a building or structure, including garden and landscaping supplies,
flowers, shrubs, plants, produce, farm equipment, building and construction
materials and boats, but excluding new or used vehicles.
RETAIL SERVICES
Establishments predominately providing services or entertainment
as opposed to, but not necessarily exclusive of products, as where
a product is consumed or used in the service.
RETENTION BASIN
A stormwater management basin designed to retain some water
on a permanent basis.
RIDING ACADEMY
An establishment where horses are boarded and cared for and
where instruction in riding, jumping and showing is offered and where
horses may be hired for riding.
RIGHT-OF-WAY
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, road, electric transmission line, gas
pipeline, water main, sanitary or storm sewer main, shade tree, or
for another special use.
SCENIC AREA
An open area the natural features of which are visually significant
or geologically or botanically unique.
SCENIC CORRIDOR
An area visible from a highway, waterway, railway, or major
hiking, biking or equestrian trail that provides vistas over water,
across expanses of land, such as farmlands, woodlands or coastal wetlands,
or from mountaintops or ridges.
SCHOOL
Any building or part thereof which is designed, constructed,
or used for education or instruction in any branch of knowledge.
SCHOOL, ELEMENTARY
Any school licensed by the state and that meets the state
requirements for elementary education.
SCHOOL, PAROCHIAL
A school supported and controlled by a church or religious
organization. (See "school, private.")
SCHOOL, PRIVATE
Any building or group of buildings the use of which meets
state requirements for elementary, secondary, or higher education
and which use does not secure the major part of its funding from any
governmental agency.
SCHOOL-BUS SHELTER
A bus shelter as defined herein, but devoted exclusively
to the protection and convenience of school-bus passengers.
SCREENING
A.
A method of visually shielding or obscuring
one abutting or nearby structure or use from another by fencing, walls,
berms, or densely planted vegetation;
B.
The removal of relatively coarse floating and/or
suspended solids by straining through racks or screens.
SEDIMENTATION
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity and other natural means
as a product of erosion.
SELF-STORAGE BUILDING
A building so designed that portions thereof which are individually
secured are leased to individuals for the storage of household goods,
furniture and the like, each such area being separated from all other
such areas, and to which the lessee has direct access.
SEPTIC SYSTEM
An underground system with a septic tank used for the decomposition
of domestic wastes.
SERVICE STATION, AUTOMOTIVE
A retail place of business engaged primarily in the sale
of motor fuel but also in supplying goods and services generally required
in the operation and maintenance of automotive vehicles and the fulfilling
of motorists' needs. Mechanical automobile repairs are allowed, but
not framework, painting and body and fender work, which are functions
associated with an auto body repair establishment and not a service
station.
SETBACK LINE
A line drawn parallel to the street or lot line from which
the setback is measured and running through that point of a building
lying nearest to the street or lot line. The term "required setback"
shall mean the minimum distance between the setback line and a street
or lot line beyond which a building or parking lot is not permitted
to extend under the provisions of this chapter in order to establish
minimum depths and widths of yards.
SETBACK, MINIMUM
The minimum allowable distance between a building wall or
part of a structure and a corresponding right-of-way line or lot line.
SEWER
Any pipe conduit used to collect and carry away sewage or
stormwater runoff from the generating source to treatment plants or
receiving streams.
SHADE TREE
A tree, usually deciduous, planted primarily for overhead
canopy.
SHELTERED CARE FACILITIES
A profit or nonprofit boarding home, rest home or other home
for the sheltered care of adult persons which, in addition to providing
food and shelter to four or more persons unrelated to the proprietor,
also provides personal care or service beyond food, shelter and laundry.
SHOPPING CENTER
A group of commercial establishments planned, constructed
and managed as a total entity, with customer and employee parking
provided on site, provision for goods deliveries separated from customer
access, utilizing aesthetic considerations, protection from the elements,
and landscaping and signage in accordance with this chapter and an
approved plan.
SIGHT TRIANGLE
A triangular-shaped portion of land established at street
intersections in which nothing is erected, placed, planted, or allowed
to grow in such a manner as to limit or obstruct the sight distance
of motorists entering or leaving the intersection.
SIGN and/or ADVERTISING STRUCTURE
A.
Includes every sign, billboard, ground sign,
roof sign, sign painted or printed on the exterior surface of a building
or structure, illuminated sign, temporary sign, awning, banner and
canopy, and shall include the announcement, declaration, demonstration,
display, illustration or insignia used to advertise or promote the
interest of any person or product when the same is placed out of doors
in view of the general public.
B.
The word "sign" when used alone in this chapter
shall mean a nonilluminated sign. A "lighted sign" shall mean a sign
which is lighted by external illumination only, by a light directed
upon and reflected back from such sign, which shall be constructed
in such manner that the source of the light shall not be visible from
the street. A "sign with internal illumination" shall mean either
a single- or double-faced sign made of glass, plastic or other material
behind or between which are enclosed incandescent or fluorescent lamps
used for the purpose of illuminating the sign. A "neon sign" shall
mean a sign consisting of tubes in which neon is used as one of the
ingredients to provide illumination. A "flashing sign" shall mean
any sign lighted by any means, either internally or externally, by
an intermittent source of illumination which blinks or flashes on
and off. A "revolving or moving sign" shall mean any sign, however
illuminated, which is designed to revolve or move in any way or manner.
C.
When signs of a certain type are stated to be
permitted in any zone or district, such provision shall be construed
as prohibiting any other type of sign.
SIGN, ANIMATED OR MOVING
Any sign or part of a sign that changes physical position
or light intensity by movement or rotation or that gives the visual
impression of such movement or rotation.
SIGN, AWNING OR CANOPY
A sign that is mounted, painted, or attached to an awning,
canopy, or marquis that is otherwise permitted by this chapter.
SIGN, BILLBOARD
A sign that 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.
SIGN, BUSINESS
A sign that directs attention to a business or profession
conducted, or to a commodity or service owned, offered, or manufactured,
or to an entertainment offered on the premises where the sign is located.
SIGN, CONSTRUCTION
A temporary sign erected on the premises on which construction
is taking place during the period of such construction, indicating
the names of the architects, engineers, landscape architects, contractors
or similar artisans, and the owners, financial supporters, sponsors
and similar individuals or firms having a role or interest in the
construction project.
SIGN, DIRECTIONAL
A sign limited to directional messages, principally for pedestrian
or vehicular traffic, such as but not limited to "one-way," "entrance"
and "exit."
SIGN, DIRECTORY
A sign listing the tenants or occupants of a building or
group of buildings and that may indicate their respective professions
or business activities.
SIGN FACE
The area or display surface used for the message.
SIGN, FREESTANDING
Any sign supported by uprights or braces placed upon or in
the ground and not attached to any building.
SIGN, IDENTIFICATION
A sign giving the nature, logo, trademark, or other identifying
symbol, address, or any combination of the name, symbol and address
of a building, business, development, or establishment on the premises
where it is located.
SIGN, INFORMATIONAL
An on-site sign commonly associated with, but not limited
to, information and directions necessary or convenient for visitors
coming on the property, including signs, marking entrances and exits,
parking areas, circulation direction, rest rooms, and pickup and delivery
areas.
SIGN, MEMORIAL
A sign, tablet, or plaque memorializing a person, event,
structure, or site.
SIGN, NAMEPLATE
A sign located on the premises giving the name or address,
or both, of the owner or occupant of the building or premises.
SIGN, OFF-PREMISES
A sign which advertises a business which is not conducted
or a product which is not sold on the lot where the sign is located.
SIGN, POLE
A sign that is mounted on a freestanding pole, post or other
support so that the bottom edge of the sign is six feet or more above
grade.
SIGN, PORTABLE
A sign that is not permanent, affixed to a building, structure,
or the ground.
SIGN, PRIVATE SALE OR EVENT
A temporary sign advertising private sales of personal property,
such as house sale, garage sale, rummage sale and the like, and private
not-for-profit events, such as picnics, carnivals, bazaars, game nights,
art fairs, craft shows, and Christmas tree sales.
SIGN, PROJECTING OR SHINGLE
A sign that is wholly or partly dependent upon a building
for support and that projects more than 12 inches from such building.
SIGN, REAL ESTATE
A sign pertaining to the sale or lease of the premises, or
a portion of the premises, on which the sign is located.
SIGN, TEMPORARY
A sign or advertising display constructed of cloth, canvas,
fabric, plywood, paper, or other light material and designed or intended
to be displayed for a short period of time.
SIGN, WALL
A sign fastened to or painted on the wall of a building or
structure in such a manner that the wall becomes the supporting structure
for, or forms the background surface of, the sign and that does not
project more than 12 inches from such building or structure.
SITE
Any plot or parcel of land or combination of contiguous lots
or parcels of land.
SITE IMPROVEMENTS
Any construction work on, or improvement in connection with,
residential development limited to streets, roads, parking facilities,
sidewalks, drainage structures and utilities.
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; and
C.
Any other information that may be reasonably
required in order to make an informed determination pursuant to an
ordinance requiring review and approval of site plans by the Planning
Board.
SOIL
All unconsolidated mineral and organic material of whatever
origin that overlies bedrock and which can be readily excavated.
SOIL, ARABLE
That soil to a minimum depth of six inches that will support
growth.
SOIL MAP
That map, hereinafter called the "soil map," entitled "Stillwater
Township Soils Limitations for Sewage Effluent Disposal," prepared
by the United States Department of Agriculture, Soil Conservation
Service, New Jersey, from the Stillwater Interim Soils Report of March
1970, or most current, Sheet No. 1, together with the Interim Soils
Report.
STABLE
A structure that is used for the shelter and care of horses
and cattle.
STABILIZATION
As it pertains to streets, the ability of a surface to resist
deformation from imposed loads. Stabilization can be accomplished
by adequate thicknesses of asphalt base and surface course, dense
graded aggregates, cement-treated soil aggregates, or concrete or
precast masonry units set on a base course.
STABILIZED BASE COURSE (BITUMINOUS)
Stabilized base course or asphalt concrete base consisting
of soil aggregate and bituminous material uniformly mixed and placed
on a previously prepared surface.
STABILIZED EARTH
Earth or soil, strengthened usually by the mixing of cement
or lime with the original material to achieve increased strength,
thereby reducing shrinkage and movement.
STANDARDS OF PERFORMANCE or PERFORMANCE STANDARDS
Standards:
A.
Adopted by this chapter pursuant to Subsection
52d (N.J.S.A. 40:55D-65d) regulating noise levels, glare, earthborn
or sonic vibrations, heat, electronic or atomic radiation, noxious
odors, toxic matters, explosive and inflammable matters, smoke and
airborne particles, waste discharge, screening of unsightly objects
or conditions and such other similar matters as may be reasonably
required by the Township; or
B.
Required by applicable federal or state laws
or municipal ordinances.
STEALTH TOWER STRUCTURE
Man-made trees, clock towers, bell steeples, light poles
and other similar alternative-design mounting structures that camouflage
and/or conceal the presence of antennas or towers.
STORMWATER DETENTION
A provision for temporary storage of stormwater runoff, and
the controlled release of such runoff during and after a flood or
storm.
STORY
That portion of a building included between the surface of
any floor at or above ground level and the surface of the floor next
above it, or if there be no floor above it, then the space between
the floor and the ceiling next above it.
STORY, HALF
A space under a sloping roof which has the line of intersection
of roof decking and wall face not more than three feet above the top
floor level and in which space the possible floor area with a headroom
of five feet or less occupies at least 40% of the total area of the
story directly beneath.
STREAM
A watercourse having a source and terminus, banks, and channel
through which waters flow at least periodically.
STREAM CORRIDOR
Any river, stream, pond, lake, or wetland, together with
adjacent upland areas, that supports protective bands of vegetation
that line the waters' edge.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway;
which is shown upon a plat heretofore approved pursuant to law; which
is approved by official action as provided by this chapter; or which
is shown on a plat duly filed and recorded in the office of the county
recording officer prior to the appointment of a Planning Board and
the grant to such Board of the power to review plats; and includes
the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines.
A.
ARTERIALA street so designated in the duly adopted Stillwater Master Plan.
D.
LOCALA street which is used primarily for access to abutting properties.
STREET LINE
The line which separates the publicly owned or controlled
street right-of-way from the private property which abuts upon the
street, as distinct from a sidewalk line, curbline or edge-of-pavement
line. In cases where title runs to the center of the street, subject
to the public easement, the curbline, if any, shall be considered
the "street line". On a street shown on the adopted Master Plan of
the Township, the "street line" shall be considered to be the proposed
right-of-way line for the street.
STREET, LOOP
A street that has its only ingress and egress at two points
on the same street.
STRUCTURAL ALTERATION
Any change in the supporting members of a building, such
as beams, columns or girders.
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.
STUB STREET
A street which is to be extended when the adjacent property
is developed.
STUDIO
The workshop of an artist, sculptor, photographer, musician,
or craftsman.
SUBDIVISION
A.
The division of a lot, tract or parcel of land
into two or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered subdivisions
within the meaning of this chapter, if no new streets are created:
(1)
Divisions of land found by the Planning Board
or Subdivision Committee thereof appointed by the Chairman to be for
agricultural purposes where all resulting parcels are five acres or
larger in size;
(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 instrument; 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 the municipal development regulations
and are shown and designated as separate lots, tracts or parcels on
the Tax Map or atlas of the municipality.
B.
The term "subdivision" shall also include the
term "resubdivision."
SUBGRADE
The prepared surface upon which pavements and shoulders are
constructed.
SUMMER HOUSE
A small structure being accessory to a residential building,
having no walls and used primarily for passive recreation.
SUPERMARKET
A retail establishment primarily selling food as well as
other convenience and household goods on a broad basis.
SURFACE COURSE
The placement of the asphalt concrete material on a previously
prepared base course.
SWALE
A low lying or depressed land area commonly wet or moist,
which can function as an intermittent drainageway.
TEMPORARY OUTDOOR ACTIVITY
An event or happening that is carried out primarily out of
doors at a scheduled time or for a fixed period of time, including
flea markets, fireworks and other displays, public speeches or performances,
seasonal sales, swap markets, group picnics, concerts and kiosks,
and for which a permit or license may be necessary.
TEMPORARY STRUCTURE
A structure without any foundation or footings and that is
removed when the designated time period, activity, or use for which
the temporary structure was erected has ceased.
TEMPORARY USE
A use established for a limited duration with the intent
to discontinue such use upon the expiration of the time period.
TENNIS COURT
An improved area for playing regulation tennis.
THREATENED SPECIES
Wildlife species which may become endangered if conditions
surrounding them begin to or continue to deteriorate and are so designated
by a governmental agency.
TOPSOIL
A.
The natural, undisturbed surface layer of soil
having more organic matter than subsequent layers, a pH of 5.0 to
7.5, and suitable for satisfactory growth and maintenance of permanent,
locally adapted vegetation.
B.
Where the original surface layer has been removed,
the reapplication of soil material used to cover an area so as to
improve soil conditions for establishment and maintenance of adapted
vegetation. The reapplied material must be friable, loamy soil reasonably
free of debris, objectionable weeds, and stones; have a natural pH
of 5.0 to 7.5; have an organic matter content greater than 2.00%;
and contain no toxic substances which may be harmful to plant growth.
TOT-LOT
An improved and equipped play area for small children usually
up to elementary school age.
TOURISM
The attracting and serving of people visiting the Township
of Stillwater for recreation and vacations.
TOWER
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. Guyed towers are
not permitted within the Township. The term includes, but is not limited
to, radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures and
the like. The term also includes the structure and any support thereto.
TRACT
An area, parcel, site, piece of land, or property that is
the subject of a development application.
TRACTOR
A motor vehicle specifically designed or equipped to haul
or pull any wheeled vehicle licensed to go upon public roads or highways.
TRAFFIC GENERATOR
A use in the Township of Stillwater that is likely to attract
into the Township substantial vehicular or pedestrian traffic.
TRAFFIC IMPACT STUDY
A report analyzing anticipated roadway conditions with and
without an applicant's development.
TRAILER
A structure standing on wheels, towed or hauled by another
vehicle, and used for short-term human occupancy, carrying of materials,
goods, or objects, or as a temporary office.
TRANSCRIPT
A typed or printed verbatim record of the proceedings or
reproduction thereof.
TRANSIENT OCCUPANT
A person who stays and is the recipient of hospitality in
a hotel, motel, or bed-and-breakfast inn on a brief, short-lived,
impermanent basis, generally less than 14 days.
TRAVELED WAY
The portion of a cartway used for vehicular travel.
USE
The purpose or activity for which land or buildings are designed,
arranged, or intended or for which land or buildings are occupied
or maintained.
VARIANCE
Permission to depart from the literal requirements of a zoning
ordinance pursuant to Section 47 and Subsections 29.2b, 57c and 57d
(N.J.S.A. 40:55D-60, 40:55D-40b, 40:55D-70c, 40:55D-70d) of the Municipal
Land Use Law.
VETERINARY HOSPITAL
A place where animals are given medical care and the boarding
of animals is limited to short-term care incident to the hospital
use.
VISTA
A unique and scenic view to or from a particular point including,
but not limited to mountains, lakes, farmlands, historic sites and
settlements, pastures, groves, glens, and similar features.
WAIVER
Permission to depart from the requirements of this chapter
with respect to the submission of required maps or documents. (See
"exception.")
WALL
The vertical exterior surface of the building.
WATERCOURSE
Any natural or artificial 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 has a definite channel, bed, and banks and
includes any area adjacent thereto subject to inundation of reason
of overflow or floodwater.
WATER QUALITY MANAGEMENT PLAN
The identification and strategies, policies, and procedures
for managing water quality and wastewater treatment and disposal in
a subject area.
WOODLANDS, MATURE
A forested area containing deciduous and/or evergreen specimens
of which the majority are considered mature by prevailing forestry
standards or as otherwise established by a recognized forestry expert.
YARD
An open space extending between the closest point of any
building and the nearest lot line or right-of-way line, and which
is unoccupied and unobstructed from the ground upward except as may
be specifically provided in this chapter.
YARD, FRONT (See also "lot line, front.")
A space extending across the full width of the lot, the depth of which is the minimum horizontal distance between the nearest point on the street line and the nearest part of the main building. In the case of lots abutting a lake, the front yard is measured from the shore of the lake to the nearest part of the main building in accordance with §
240-114L.
YARD, REAR
A space extending across the full width of the lot between
the rear lot line and the building.
YARD, REAR SIDE
That portion of the side yard extending from the nearest
point of the rear of the main building to the rear lot line.
YARD, SIDE
A space extending from the front yard to the rear yard and
lying between a side lot line and the closest point of the building.
ZONING PERMIT
A document signed by the administrative officer which is
required by ordinance as a condition precedent to the commencement
of a use or the erection, construction, reconstruction, alteration,
conversion or installation of a structure or building and which acknowledges
that such use, structure or building complies with the provisions
of the municipal zoning ordinance or variance therefrom duly authorized
by a municipal agency pursuant to Sections 47 and 57 (N.J.S.A. 40:55D-60
and 40:55D-70) of the Municipal Land Use Law.