Township of Woolwich, NJ Article II Definitions

§ 203-5 Definitions and word usage.

A. For the purpose of this chapter any words used in the present tense include the future. The singular number includes the plural and the plural the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure"; the word "zone" includes the word "district"; the word "occupied" includes the word "designed" and the phrase "intended to be occupied"; the word "use" includes the words "arranged," "designed" and the phrase "intended to be used"; and the word "shall" is always mandatory.

B. As used in this chapter, the following terms shall have the meanings indicated:

ABANDONMENT

The relinquishment of property or a cessation of the use of the property for a period of one year by the owner with the intention neither of transferring rights to the property to another owner nor of resuming the use of the property.

ACCESSORY USE OR BUILDING

A subordinate use or building the purpose of which is customarily incidental to that of the main use or building and on the same lot. No accessory use shall form the basis for a claim of right to a principal or main use.

ADMINISTRATIVE OFFICER

The Clerk of Woolwich Township, unless a different municipal official or officials are designated by ordinance or statute.

ADVERSE EFFECT

Conditions or situations creating, imposing, aggravating or leading to impractical, unsafe or unsatisfactory conditions on a subdivided property, property subject to development or off-tract property, such as but not limited to improper circulation and drainage rights-of-way; inadequate drainage facilities, insufficient street widths; unsuitable street grades; unsuitable street locations to accommodate prospective traffic or coordinate and compose a convenient system; locating lots in a manner not adaptable for the intended purposes without danger to health or peril from flood, fire, erosion or other menace; providing for lots of insufficient size and neither providing nor making future allowance for access to the interior portion of the lot or for other facilities required by this chapter.

AGRICULTURAL LABOR

Farm workers who are not related to the landowner or the landowner's spouse and who are employed on a farm to perform tasks necessary to enhance the economic productivity of the agricultural operation.

[Added 10-27-2008 by Ord. No. 2008-20; amended 8-4-2014 by Ord. No. 2014-09]

AGRICULTURAL TDR EASEMENT

An interest in land that is less than fee simple title that enables the owner to develop the land for any agricultural purpose as determined by the provisions of Article VI of this Chapter.

[Added 10-27-2008 by Ord. No. 2008-20; amended 8-4-2014 by Ord. No. 2014-09]

AGRICULTURAL USE

The use of the premises for common agricultural and ordinary farm site activities and farmland uses and all other activities and improvements as specifically permitted by the New Jersey Right to Farm Act. (N.J.S.A. 4:1C-1 et seq.) and activities which shall deem the property eligible to receive farmland assessment pursuant to N.J.S.A. 54:4-23.1 et seq., including, but not limited to, production for sale of plants and animals useful to man, harvesting, production, storage, grading (of produce), packaging, processing and the wholesale and retail marketing of crops, plants, dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, llamas, horses, ponies, mules and goats, including the breeding, boarding, raising, rehabilitating, training and grazing of any or all such animals and other related commodities and the use and application of techniques and methods of soil preparation and management, fertilization, weed, disease and pest control, disposal of farm waste, irrigation, drainage and water management; fish and wildlife management.

[Added 10-27-2008 by Ord. No. 2008-20; amended 8-4-2014 by Ord. No. 2014-09; 8-20-2018 by Ord. No. 2018-13]

ALTERATIONS

As applied to a building or a structure, a change or rearrangement in the structural parts or in the existing facilities or an enlargement, whether by extension of a side or by increasing in height or by moves from one location or position to another.

APPLICANT

A developer submitting an application for development.

AREA, BUILDING

See "floor area."

ASSEMBLY, LIGHT

Flexible space suitable for final assembly of finished products for distribution. No manufacturing shall be associated with this use.

[Added 8-20-2018 by Ord. No. 2018-13]

BASEMENT

That portion of a building that is partly or completely below grade.

BOARD

A County Agriculture Development Board (CADB) or a subregional agricultural retention board.

[Added 10-27-2008 by Ord. No. 2008-20; amended 8-4-2014 by Ord. No. 2014-09]

BOARD OF JURISDICTION

The Joint Land Use Board of the Township of Woolwich, depending on the application and the appropriate jurisdictional requirements of the same.

[Added 10-27-2008 by Ord. No. 2008-20; amended 8-4-2014 by Ord. No. 2014-09]

BREWERY

An industrial use where liquor is manufactured, bottled, and stored, along with tasting rooms, retail sales not to exceed 2,000 square feet in customer service area, and other functions ancillary to the use. Also, winery and distillery.

[Added 8-20-2018 by Ord. No. 2018-13]

BREWPUB

A restaurant that prepares handcrafted beer as an accessory use intended for consumption on the premises. Production capacity shall be limited to not more than 5,000 barrels per year. Such accessory use may occupy up to 30% of the gross floor area of the restaurant.

[Added 8-20-2018 by Ord. No. 2018-13]

BUILDING

Any structure or extension thereof or addition thereto having a roof supported by columns, posts, piers or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind of nature.

BUILDING HEIGHT

The vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point of the ceiling of the top story in the case of a flat roof, to the deckline of a flat roof, to the deckline of a mansard roof and to the average height between the plate and ridge of a gable, hip or gambrel roof.

BUILDING LINE

A line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered section of a building, the vertical plane will coincide with the most projected surface. All yard requirements are measured to the building line.

BUILDING SEPARATION

The distance between two buildings measured from the face of the outer walls. Minor architectural features, such as chimneys, roofs, overhangs, decks and window bays shall not be considered the face of a building, provided that such features do not extend more than six feet into the minimum building separation area (measured from the face of the foundation wall).

BY-RIGHT CREDITS

The number of credits assigned to a lot, parcel or area of land in the receiving area, as determined by the provisions of Article VI of this chapter, which may be used to develop said lot, parcel or area of land within an approved subdivision without the use of TDR credits from the sending zone.

[Added 8-4-2014 by Ord. No. 2014-09]

CARTWAY

That area of a street within which vehicles are permitted, including travel lanes and parking areas but not including shoulders, curbs, sidewalks or swales.

COMMITTEE

The State Agriculture Development Committee (SADC) established pursuant to Section 4 of the Right to Farm Act (N.J.S.A. 4:1C-4).

[Added 10-27-2008 by Ord. No. 2008-20; amended 8-4-2014 by Ord. No. 2014-09]

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.

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 this chapter and upon the issuance of an authorization therefor by the Planning Board.

CONGREGATE CARE FACILITIES

A facility containing two or more dwelling units and rooming units limited in occupancy and occupied by persons 60 years and older, their spouses or surviving spouses, except for rooms or units occupied by resident staff personnel, providing indoor, conveniently located, shared food preparation services and major dining areas and common recreation, social and service facilities for the exclusive use of all residents.

CONSERVATION TDR EASEMENT

An interest in land that is less than fee simple title that enables the owner to develop the land for any conservation purposes as determined by the provisions of Article VI of this chapter.

[Added 10-27-2008 by Ord. No. 2008-20; amended 8-4-2014 by Ord. No. 2014-09]

CONVENIENCE COMMERCIAL

Uses and facilities designed to serve everyday needs of residents in its immediate vicinity.

CONVENIENCE STORE

A retail establishment offering for sale prepackaged food products, household items and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet.

COUNTY BOARD

A County Agriculture Development Board (CADB) or a subregional agricultural retention board.

[Added 10-27-2008 by Ord. No. 2008-20; amended 8-4-2014 by Ord. No. 2014-09]

CURB LEVEL

The average level of the curb in front of the lot.

DAY-CARE CENTER/NURSERY SCHOOL/CHILD-CARE CENTER

A building or structure where care, protection and supervision are provided on a regular schedule at least twice a week to four or more children between two and five years of age and which is licensed or approved to operate as a child-care center.

DENSITY

The permitted number of dwelling units per gross area of land to be developed.

DEVELOPMENT

The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation or landfill; and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to this chapter.

DEVELOPMENT RIGHTS

The rights permitted to a lot, parcel, or area of land under a zoning ordinance respecting permissible use, area, density, bulk or height of improvements. Development rights may be calculated and allocated in accordance with such factors as area, floor area, floor area ratios, density, height limitations, or any other criteria that will effectively quantify a value for the development right in a reasonable and uniform manner that will carry out the objectives of the Township's Voluntary TDR Program.

[Added 10-27-2008 by Ord. No. 2008-20; amended 8-4-2014 by Ord. No. 2014-09]

DUPLEX

See "two-family dwelling."

DWELLING

A building having one or more rooms providing living facilities for one family, including equipment for cooking or provisions for the same; provided, however, that trailers or camp cars as defined herein shall not be or be considered as buildings within the scope of this chapter. Dwellings may include but not be limited to the following types:

(1) SINGLE-FAMILY DETACHED DWELLINGS A dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means.

(2) TWO-FAMILY DWELLING A freestanding building on one lot or within a lot held in common ownership serving two families, with private entrances to each dwelling.

(3) SINGLE-FAMILY SEMIDETACHED DWELLINGS Dwellings on adjacent lots or within a lot held in common ownership with one common party wall or dwellings with two party walls within which walled open courtyards or patios are provided for each dwelling.

(4) SINGLE-FAMILY ATTACHED DWELLING A single-family dwelling in a row of at least three such dwellings in which each dwelling has its own front and rear access to the dwelling and is separated from any other dwelling by one or more fire-resistant walls.

(5) MULTIFAMILY DWELLINGS Three or more dwellings located within a single building, such as an apartment house dwelling, with an entrance to each dwelling not more than three stories above ground level.

(6) ZERO LOT LINE DWELLING A single-family detached dwelling unit with one of its sides directly on a lot line and with its remaining three sides fronting on yard areas.

(7) TRIPLEX A dwelling unit containing three dwellings, each of which has direct access to the outside or to a common hall.

(8) EASEMENT A grant of one or more of the property rights by the owner to, or for the use by, the public, a corporation or another person or entity.

FACADE

The total wall surface, including door and window area, of a building's principal face. In the case of corner buildings which front on more than one street, only one face shall be used to calculate the facade area.

FAMILY

A single individual, doing his own cooking, and living upon the premises as a separate housekeeping unit, or a collective body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage or other domestic bond.

FARMHOUSE

Dwelling on farm property qualifying for farm land assessment and housing the owner or operator of said farm.

FARMLAND PRESERVATION PROGRAM

Any voluntary program, the duration of which is at least eight years, authorized by law enacted subsequent to the effective date of the Farmland Preservation Bond Act 1981, P.L. 1981, C.276, which has its principal purpose the long term preservation of significant masses of reasonably contiguous agricultural land within agricultural development areas adopted pursuant to N.J.S.A. 4:1C-11 et seq., P.L. 1983, C.32 and the maintenance and support of increased agricultural production as the first priority use of that land.

[Added 10-27-2008 by Ord. No. 2008-20; amended 8-4-2014 by Ord. No. 2014-09]

FARMSTEAD

The principal residence of a farmer's household and the accessory uses of a farm.

[Added 10-27-2008 by Ord. No. 2008-20; amended 8-4-2014 by Ord. No. 2014-09]

FENCE

An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

FLOOD HAZARD AREA

Land, and the space above that land, which lies below the flood hazard area design flood elevation. Structures, fill and vegetation that are situated on land that lies below the flood hazard area design flood elevation are described as being "in" or "within" the flood hazard area. The inner portion of the flood hazard area is called the floodway and the outer portion of the flood hazard area is called the flood fringe. Figures A and B at N.J.A.C. 7:13-2.3 illustrate these areas as well as the riparian zone along a typical water. The flood hazard area on a particular site is determined using the methods set forth at N.J.A.C. 7:13-3. There are two types of flood hazard areas:

[Added 8-18-2014 by Ord. No. 2014-08]

(1) Tidal flood hazard area, in which the flood hazard area design flood elevation is governed by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood hazard area may be contributed to or influenced by stormwater runoff from inland areas, but the depth of flooding generated by the tidal rise and fall of the Atlantic Ocean is greater than flooding from any fluvial sources; and

(2) Fluvial flood hazard area, in which the flood hazard area design flood elevation is governed by stormwater runoff. Flooding in a fluvial flood hazard area may be contributed to or influenced by elevated water levels generated by the tidal rise and fall of the Atlantic Ocean, but the depth of flooding generated by stormwater runoff is greater than flooding from the Atlantic Ocean.

FLOODPLAIN

The area adjoining any natural stream and including any water or drainage course or body or water subject to periodic flooding or overflow based on the one-hundred-year flood.

FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the one-hundred-year flood without cumulatively increasing the water surface elevation more than one foot at any point.

FLOOR AREA (also referred to as "gross floor area")

The gross horizontal area of the floor, or the sum of the gross horizontal area of several floors, of an enclosed building measured from the exterior face of exterior walls or from the center line of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles or any space where the floor-to-ceiling height is less than six feet. The gross floor area of retail stores, service shops and banks shall be equal to the gross leasable area less any areas devoted exclusively to staff facilities or storage of inventory.

FLOOR AREA RATIO

The sum of the area of all floors of buildings or structures compared to the total area of the site.

FRESHWATER WETLAND or WETLAND

An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation; provided, however, that the Department, in designating a wetland, shall use the three-parameter approach (that is, hydrology, soils and vegetation) enumerated in the 1989 Federal Manual as defined in this section. These include tidally influenced wetlands which have not been included on a promulgated map pursuant to the Wetlands Act of 1970, N.J.S.A. 13:9A-1 et seq.

[Added 8-18-2014 by Ord. No. 2014-08]

GARAGE, PRIVATE

A building or space used as an accessory to the main building which provides the storage of motor vehicles or other personal property and in which no occupation, business or service for profit is carried on.

GARAGE, PUBLIC OR COMMERCIAL

A building or space, other than a private garage, for the storage of motor vehicles exclusively or for the storage of motor vehicles at which filling station service, sales of accessories or repairs, other than body or collision repairs and appointing and refinishing, are permitted. This term does not include motor vehicle showrooms for new or used motor vehicles.

GENERAL DEVELOPMENT PLAN

A comprehensive plan for the development of a planned development as provided in N.J.S.A. 40:55D-45.2.

GOLF COURSE

An area of land devoted to the game of golf and its associated uses adhering to the following minimum criteria:

[Added 12-5-2005 by Ord. No. 2005-39]

(1) Must meet standards of a regulation golf course as defined below:

(a) REGULATION GOLF COURSE - An eighteen-hole golf course that includes a variety of par-three, par-four and par-five holes and is of traditional length and par; and eighteen-hole facility at least 5,200 yards in length and at least par 66.

(2) Minimum 100 acres devoted to the golf course playing area to include tees, fairways, greens and hazard area and, if provided, fairways of driving range.

(3) May have motorized carts and carts storage.

(4) May have clubhouse with pro shop, locker rooms, snack bar, administrative offices, kitchen and dining facilities with a maximum capacity of 100 persons and banquet facilities with a maximum capacity of 300 persons. The pro shop is limited to a maximum of 1,000 square feet.

(5) May have driving range ancillary to the primary golf course use.

(6) May have grounds maintenance building and equipment storage with pump and fuel house.

(7) Uses that are customary for the maintenance and day-to-day operation of a golf course are permitted.

(8) Swimming pool and tennis courts, provided such facilities are ancillary to the golf course.

(9) Uses that are expressly prohibited include, but are not limited to, miniature golf, arcades, pitch and putt and any motorized vehicle not associated with the care and day-to-day operation of the golf course.

GRANTOR

Any and all persons who lawfully succeed to the rights and responsibilities of the grantor, including but not limited to his/her heirs, executors, administrators, personal or legal representatives, successors and assigns.

[Added 10-27-2008 by Ord. No. 2008-20; amended 8-4-2014 by Ord. No. 2014-09]

GROSS LAND AREA

An area of land which is determined by the property lines bounding the tract of land proposed for development within any given zone and which is always expressed in terms of square feet or acres. Any portion of a tract included in an existing public or private right-of-way shall not be included in calculating gross land area.

HOME OCCUPATION

An accessory use of a dwelling unit for gainful employment which:

(1) Is clearly incidental and subordinate to the use of the dwelling unit as a residence.

(2) Is carried on solely within the main dwelling and does not alter or change the exterior character or appearances of the dwelling.

(3) Is located in a residential district.

(4) Is created and operated as a sole proprietorship, except that should the owner/operator be substantially physically handicapped, a nonresident may be employed to assist the owner/operator in his/her work to the extent required to compensate for the aforesaid handicap condition.

HOME PROFESSIONAL OFFICE

A home occupation consisting of the office of a practitioner of a recognized profession.

HOTEL

A facility offering transient lodging accommodations on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms and recreational facilities.

INDUSTRIAL, LIGHT

Warehousing, wholesaling, shipping and receiving, manufacturing, assembly, processing, research, laboratory testing service, professional and governmental offices, public and quasipublic uses and other operations which do not include the production of petroleum into fuel, oil or other products or chemical processing and storage. Light industrial uses shall not produce any corrosive, toxic, noxious fumes, glare, electromagnetic disturbances, radiation, smoke, cinders, odors, dust or waste, undue noise or vibration, or other objectionable features so as to be detrimental to the public health, safety, or general welfare, provided however that existing activities not in violation of city, state or federal law are exempt.

[Added 8-20-2018 by Ord. No. 2018-13]

INTENSIVE FOWL OR LIVESTOCK FARM

Any farm meeting any one of the following standards:

(1) It has over 200 head of adult large animals.

(2) It has over 50 head of small animals.

(3) It has more than one adult large animal per acre.

(4) It has over two small animals per acre.

(5) It has over 10 head of fowl per acre.

(6) It has over 20 head of pig, hog or swine.

JUNKYARD

Any area or structure used or intended to be used for the conducting and operating of the business of selling, buying, storing or trading in used or discarded metal, glass, paper, cordage or any used or disabled fixtures, vehicles or equipment of any kind.

LANDOWNER

The record owner of the land, duly authorized contract purchaser of the land or record owner of the development easement acquired pursuant to N.J.S.A. 4:1C-34.

[Added 10-27-2008 by Ord. No. 2008-20; amended 8-4-2014 by Ord. No. 2014-09]

LANDSCAPE AREA

An area of land restricted to landscape items which may also include such elements as natural features, earth berms, sculpture, signs, lighting, accessways, bikeways and pedestrian walkways, but not including motor vehicle parking, extending along the entire lot line where they are required. The width of a landscape area shall be measured at right angles to the lot line.

LETTER OF INTERPRETATION (LOI)

Document issued by the New Jersey Department of Environmental Protection (NJDEP) under N.J.A.C. 7:7A-3, indicating the presence or absence of wetlands, state open waters, and/or transition areas; verifying or delineating the boundaries of freshwater wetlands, state open waters, and/or transition areas; or assigning a wetland resource value classification.

[Added 8-18-2014 by Ord. No. 2014-08]

LOADING SPACE

An off-street space or berth used for the loading or unloading of commercial vehicles.

LOT

A designated parcel, tract or area of land established by a plat or otherwise, as permitted by law and to be used, developed or built upon as a unit.

LOT AREA

An area of land which is determined by the limits of the lot lines bounding that area and is always expressed in terms of square feet or acres. Any portion of a lot included in a public or private right-of-way shall not be included in calculating lot area.

LOT, CORNER

A lot or parcel of land abutting on two or more intersecting streets when the interior angle of intersection does not exceed 135º. Each corner lot shall have two front yards, a minimum of one side yard and one rear yard.

LOT COVERAGE

That percentage of a lot covered by building area and, in the case of nonresidential districts or uses, impervious surfaces, such as concrete or asphalt.

LOT DEPTH

A mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lot lines.

LOT FRONTAGE

That side of a lot abutting on a street; the front lot line.

LOT WIDTH

The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line.

MANUFACTURING

The treatment or processing of raw materials and the production of articles of finished products from raw or prepared materials by giving them new forms or qualities.

MANUFACTURING, LIGHT

An activity which involves the fabrication, reshaping, reworking, assembly or combining of products from previously prepared materials and which does not involve the synthesis of chemical or chemical products or the processing of any raw materials. Limited manufacturing includes light industrial operations, such as electronic, machine parts and small component assembly, as opposed to heavy industrial operations, such as automobile assembly, milling or forge activities.

MASTER PLAN

The Master Plan for the Township of Woolwich as adopted by the Woolwich Township Planning Board.

MINI-WAREHOUSE

A structure or group of structures for the dead storage of customers' goods and wares where individual stalls or lockers are rented out to different tenants for storage and where one or more stalls or lockers have less than 500 square feet of floor area.

MUNICIPALLY APPROVED FARMLAND PRESERVATION PROGRAM

Hereinafter referred to as "municipally approved program," means any voluntary program the duration of which is at least eight years, authorized by law enacted subsequent to the effective date of the Farmland Preservation Bond Act of 1981, P.L. 1981 C.276, which has as its principal purpose the long term preservation of significant masses reasonably contiguous agricultural land within agricultural development areas adopted pursuant to N.J.S.A. 4:1C-11 et seq., P.L. 1983, C.32, and the maintenance and support of the increased agricultural production as the first priority use of that land. Any municipally approved program shall be established pursuant to N.J.S.A. 4:1C-21.

[Added 10-27-2008 by Ord. No. 2008-20; amended 8-4-2014 by Ord. No. 2014-09]

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 reason of such adoption, revision or amendment.

NONCONFORMING LOT

A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of 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 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 reason of such adoption, revision or amendment.

NURSING HOME

An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.

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 within a contiguous portion of a street or right-of-way.

OFF-STREET PARKING SPACE

An interior or exterior storage area for a motor vehicle that is directly accessible to an access aisle and that is not located on a dedicated street right-of-way.

OFF TRACT

Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.

ON SITE

Located on the lot in question.

ON-STREET PARKING SPACE

A temporary storage area for a motor vehicle which is located on a dedicated street right-of-way.

OPEN SPACE

An unoccupied space open to the sky on the same lot with a principal or accessory building. Open space includes the following types:

(1) COMMON OPEN SPACE A parcel or parcels of land or an area of water, or a combination of land and water, within the site designated for a planned unit development or a cluster development, and designed and intended for the use or enjoyment of residents and owners of the planned unit development or cluster development. Common open space excludes land areas within the rights-of-way of streets to be located within a planned unit development unless exclusively designed for access to open space. A legally constituted organization of the property owners with authority to place liens on property shall be formed for the maintenance of the common areas and facilities, or this common open space may be deeded to the Township if accepted by the Township for use by all residents of the Township.

(2) USABLE OPEN SPACE Consists of either common or public open space which is either landscaped or developed and maintained for recreational purposes, readily available, or improved for such recreational purpose, and excludes that portion of the area consisting of officially designated wetlands, streets, drives and space utilized for off-street parking or loading purposes. Where usable open space is required in this chapter, it shall be designated on plans submitted as required.

(3) PUBLIC OPEN SPACE An open space conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency or other public body for educational, recreational or conservation uses.

(4) REQUIRED OPEN SPACE That type and percentage of common, usable or public open space that must be provided in particular zoning districts, in cluster developments or in planned unit developments, according to the provisions of this chapter.

PLANNED DEVELOPMENT

A planned unit development, planned unit residential development or residential cluster, planned commercial development or planned industrial development as those terms are defined in N.J.S.A. 40:55D-6 of the Municipal Land Use Law, but only to the extent not inconsistent with the provisions of this chapter.

PLANNED INDUSTRIAL DEVELOPMENT

An area of minimum contiguous size as specified by ordinance 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 ordinance.

PLANNING BOARD

The Planning Board of Woolwich Township.

PRINCIPAL BUILDING OR USE

A building or buildings in which is conducted the main or principal use of the lot on which said building is situated or the open land of which such use is made or upon which such activity is carried out.

PROFESSIONAL OFFICE

The office of a member of a recognized profession as hereinafter indicated. When conducted on a residential property, a professional office shall be conducted by a member or members of the residential family entirely within a residential property, shall be conducted by a member of the residential family entirely within a residential building and shall include only the offices of doctors, ministers, architects, engineers, lawyers and such similar professional occupations which may be so designated by the Board of Adjustment upon finding by such Board that such occupation is truly professional in character by virtue of the need for similar training and experience as a condition for the practice thereof and that the practice of such occupation shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone in which it is located to a greater extent than for the professional activities listed herein. The issuance of a state or local license for regulation of any gainful occupation need not be deemed indicative of professional standing.

PUBLIC AREAS

Public parks, playgrounds, trails, paths and other recreational areas; other public open space; and scenic and historic sites, including necessary infrastructure improvements.

[Added 10-27-2008 by Ord. No. 2008-20; amended 8-4-2014 by Ord. No. 2014-09]

PUBLIC WATER AND PUBLIC SEWERAGE

Centralized municipal or municipally operated water and sewerage system or a water and sewerage system franchised or approved by the Township in accordance with the Township sewer and water plan. "With sewer and water" as used in this chapter means that public water and public sewerage shall be provided in order for the use to be permitted in the zone district.

RECEIVING ZONE, AREA OR DISTRICT

One or more designated districts or areas of land to which development rights generated from one or more sending zones or districts may be transferred and in which increased development is permitted to occur by reason of the transfer, adopted pursuant to N.J.S.A. 40:55 D-1 et seq., within which development may be increased, and which is otherwise consistent with the provisions of N.J.S.A. 40:55D-145.

[Added 10-27-2008 by Ord. No. 2008-20; amended 8-4-2014 by Ord. No. 2014-09]

RECREATION FACILITY

Any enterprise which provides recreational activity including, but not limited to, indoor and outdoor recreational courts, fields and facilities, racquet clubs, health facilities, bowling alleys, skating rinks, water slides, miniature golf courses, arcades, and billiard halls, but not movie theaters.

[Added 8-20-2018 by Ord. No. 2018-13]

RESEARCH LABORATORY

A building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

RESEARCH 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 as an appurtenance.

RESIDENTIAL DENSITY

The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.

RESTAURANT

A business establishment whose principal business is the selling of unpackaged food to the customer in a ready-to-consume state, in individual servings or in nondisposable containers, and where the customer consumes these foods while seated at tables or counters located within the building.

RESTAURANT, FAST-FOOD

An establishment which may have a drive-in and/or a walk-up window that offers quick food service, which is accomplished through a limited menu of items already prepared and held for service, or prepared, fried or grilled quickly or heated in a device such as a microwave oven. Orders are not generally taken at the customer's table and food is generally served in disposable wrapping or containers.

RIPARIAN ZONE

Land and vegetation within and adjacent to a regulated water as described at N.J.A.C. 7:13-4.1 and illustrated at N.J.A.C. 7:13-2.3.

[Added 8-18-2014 by Ord. No. 2014-08]

SENDING ZONE, AREA OR DISTRICT

One or more designated districts or areas of land in which development rights are designated for use in one or more receiving areas and an area or areas designated in the Township Master Plan and Zoning Ordinance within which development may be restricted, adopted pursuant to N.J.S.A. 40:55D-1 et seq., and which is otherwise consistent with the provisions of N.J.S.A. 40:55D-144.

[Added 10-27-2008 by Ord. No. 2008-20; amended 8-4-2014 by Ord. No. 2014-09]

SERVICE STATION

Any premises where gasoline and other petroleum products are sold and/or light maintenance activities, such as engine tune-ups, lubrication and minor repairs, are conducted. Service stations shall not include premises where heavy automobile maintenance activities, such as engine overhauls, automobile painting and body fender work, are conducted.

SETBACK

The required minimum horizontal distance between the building line and the related front, side or rear property line.

SHOPPING CENTER

A grouping of retail business and service uses on a single site which is planned, constructed and managed as a total entity with customer and employee parking provided on site, provisions for goods delivery separated from customer access, aesthetic considerations and protection from the elements.

SIGN

Any object, device, display or structure, or part thereof, situated outdoors or indoors, visible from the street or public right-of-way, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images.

SIGN, AWNING CANOPY or MARQUEE

A sign painted, stamped, perforated, stitched or otherwise applied on the valance of an awning.

SIGN AREA

That area defined by the frame or edge of a sign. Where no frame or edge exists, the area shall be defined by a projected enclosed four-sided (straight sides) geometric shape which most closely outlines said sign. Where a sign has more than one side, sign area shall be construed to include the total area used for advertisement or identification.

SIGN, FREESTANDING

A sign supported by one or more upright poles, columns or braces placed in or on the ground and not attached to any building or structures.

SIGN, IDENTIFICATION

Any structure or part thereof or device attached thereto or painted or represented thereon, which displays any letter, symbol, trademark, word or similar device used to identify the product made or the activity being pursued by any individual, business, service, commercial or industrial enterprise, which is displayed upon the lot or premises occupied by such an enterprise for the purpose of apprising the public of the location of such enterprise or the type of activity in which it is managed.

SIGN, OFFICIAL

Any sign, symbol or device erected and maintained by a federal, state, county or local governmental agency for the purpose of informing or guiding the public or for the protection and promotion of health, safety, convenience and general welfare.

STORY

That portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above it, the space between such floor and the ceiling above it. A basement shall be counted as a story if its ceiling is over six feet above the average level of the finished ground surface adjoining the exterior walls of such story or if it is used for business or dwelling purposes.

STREET

Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway, or which is shown upon a plat heretofore approved pursuant to law, or which is approved by official action as provided for by the Municipal Land Use Law,[1] 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 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.

STREET LINE

That line determining the limit of the road, street or highway rights of the public, either existing or contemplated.

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. The term "structure" shall include but not be limited to individual subsurface sewage disposal systems and their components. However, individual subsurface sewage disposal systems meeting the requirements of Chapter 9A of Title 7 of the New Jersey Administrative Code (N.J.S.A. 7:9A-1.1 et seq.) will not be considered structures when located in a front yard between the building setback line and the street line. However, wherever located, all mounded septic tanks, mounded disposal field installations and mounded soil replacement disposal field installations shall be in accordance with N.J.S.A. 7:9A-10.5 and N.J.S.A. 7:9A-10.6, except that the top surface shall not exceed a height of four feet above the surrounding finished grade. The term "structure" shall also include a container box, trailer or truck body, movable or otherwise, in excess of 800 cubic feet in volume that is placed or parked on a lot, except that a trailer or truck body on a truck that has current motor vehicle registration and tags shall not be considered a structure unless it remains on the same spot for more than 150 consecutive days.

[Added 3-21-1994 by Ord. No. 94-2]

STRUCTURE, ADVERTISING

Any rigid or semirigid materials with or without advertisement displayed thereon situated upon or attached to real property (outdoors primarily) or principally for the purpose of furnishing a background or base or support upon which an advertisement may be posted or displayed. That portion of any structure, regardless of its primary or principal use, which is used for the display of an advertisement shall be considered an advertising structure and shall be subject to the control exercised in this chapter.

SUPERMARKET

A retail establishment offering for sale a wide variety of food products as well as other convenience and household items commonly associated with the same and having a gross floor area of more than 25,000 square feet. Supermarkets offer a broad array of service amenities as well as sell a wide variety of goods beyond food products, including, without limitation, prepared foods for on-site and off-site consumption, pharmaceutical goods, banking facilities and other related ancillary services.

[Added 4-6-2020 by Ord. No. 2020-07; amended 5-18-2020 by Ord. No. 2020-10]

SWIMMING POOL

A water-filled enclosure, permanently constructed or portable, having a depth of more than 18 inches below the level of the surrounding land or an aboveground pool, having a depth of more than 30 inches, designed, used and maintained for swimming and bathing.

TDR CREDIT

The development right that can be utilized in a receiving zone to achieve the bonus density. The number of TDR credits is determined based on the transfer ratio and the number of transferable development rights being conveyed from the sending zone to the receiving zone.

[Added 10-27-2008 by Ord. No. 2008-20; amended 8-4-2014 by Ord. No. 2014-09]

TOWNHOUSES

One or a group of two or more dwelling units divided from each other by vertical walls and each having separate front and rear or front and side entrances from the outside.

TRACT

An area, parcel, site, piece of land or property which is the subject of a development application.

TRAILER or CAMP CAR

Any unit designed for use for living or sleeping purposes which is equipped originally with wheels or similar devices used for the purpose of transporting said unit from place to place whether by motive power or other means, and originally constructed, fabricated or built without permanent foundation other than wheels, jacks or skirtings. The substitution of any other permanent foundation for such wheels, jacks or skirtings shall not remove such trailer or camp car from this definition.

TRANSFER OF DEVELOPMENT RIGHTS (TDR)

The process by which development rights from one or more sending areas are affixed to one or more receiving properties consistent with the program set forth in N.J.S.A. 40:55D-137 et seq.

[Added 10-27-2008 by Ord. No. 2008-20; amended 8-4-2014 by Ord. No. 2014-09]

TRANSITION AREA

An area of upland adjacent to a freshwater wetland which minimizes adverse impacts on the wetland or serves as an integral component of the wetlands ecosystem.

[Added 8-18-2014 by Ord. No. 2014-08]

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.

USE, PRINCIPAL

The main use of land or structures, as distinguished from a secondary or accessory use.

YARD

The area that lies between the principal or accessory building or buildings and the nearest lot line. A yard shall be unoccupied by structures and buildings from the ground upward, except as may be specifically provided in this chapter. Improvements below grade are permitted, provided that there is no visual evidence of such improvements.

YARD, FRONT

A yard on the same lot with the principal building, extending the full width of the lot and situated between the street line and the front line of a building projected to the side lines of that lot.

YARD, REAR

A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of any building. The depth of a rear yard shall be measured at right angles to the rear line of the lot or if the lot is not rectangular, then in the general direction of its side building lines.

YARD, SIDE

A yard between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or in the absence of either of such yards, to the street or rear lot line as the case may be. The width of a side yard shall be measured at right angles to the side line of the lot.

ZONING BOARD

The Zoning Board of Adjustment of Woolwich Township.

ZONING OFFICER or ZONING ADMINISTRATION OFFICER

The official appointed by the Township Committee pursuant to Article X hereof, and responsible for the administration of this chapter as hereinafter set forth.

ZONING PERMIT

A document signed by the Zoning Officer:

(1) 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

(2) 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 N.J.S.A. 40:55D-60 and N.J.S.A. 40:55D-70.

[1] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

C. Whenever a term is used in this chapter which is defined in P.L. 1975, c. 291, as amended,[2] such term is intended to have the meaning set forth in the definition of such term found in such statute, unless a contrary intention is clearly expressed in the context of this chapter.

[2] Editor's Note: See N.J.S.A. 40:55D-1 et seq.