Township of Roxbury, NJ
Morris County
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This Chapter shall be known and may be cited as the "2001 Roxbury Township Land Development Ordinance."
A. 
The purposes of this Ordinance are as follows:
1. 
To plan and guide the appropriate use or development of all land in a manner which will promote the public health, safety, morals, and general welfare.
2. 
To secure safety from fire, flood, panic and other natural and man-made disasters.
3. 
To provide adequate light, air and open space.
4. 
To ensure that land development does not conflict with the development and general welfare of neighboring municipalities, the County and the State as whole.
5. 
To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, maintenance of the character of neighborhoods, preservation of the environment and quality of life.
6. 
To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies.
7. 
To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements.
8. 
To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging the location of such facilities and routes which will result in congestion or blight.
9. 
To promote a desirable visual environment through creative development techniques and good civic design and arrangements.
10. 
To promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land.
11. 
To encourage planned developments which incorporate the best features of design and relate the type, design and layout of residential, commercial, industrial and recreational development to the particular site.
12. 
To encourage senior citizen community housing construction.
13. 
To encourage coordination of various public and private procedures and activities shaping land development with a view of lessening the cost of such development and of achieving more efficient use of land.
14. 
To promote utilization of renewable energy resources.
15. 
To promote the maximum practicable recovery and recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the State Recycling Plan goals and to complement municipal recycling programs.
16. 
To regulate the location of buildings and establish standards of development; to establish building lines and the location of buildings designed for residential, commercial, industrial, office or other uses within such lines and to fix reasonable standards to which buildings or structures shall conform.
17. 
To prohibit incompatible uses; to prohibit uses, buildings or structures which are incompatible with the character of development of the permitted uses within specified zoning districts and surrounding areas.
18. 
To regulate alterations of existing buildings; to prevent such additions to, and alterations or remodeling of, existing buildings or structures as would not comply with the restrictions and limitations imposed hereunder.
19. 
To conserve the value of land and buildings throughout the Township.
20. 
Within the community's resources, to meet the future housing needs of the citizens of the Township of Roxbury and the region and to assure a full range of housing types to meet all income levels.
21. 
To minimize the increase in volume and rate of surface runoff due to development.
22. 
To reduce public expenditures for emergency operations, evacuations and restorations.
23. 
To prevent damage to transportation and utility systems.
24. 
To maintain the useful life of natural and man-made waterways and impoundments by minimizing sedimentation.
25. 
To prevent dangers to life and property from excessive water runoff and clogging of drainage structures.
26. 
To maintain sufficient flows in streams and rivers for recreation, health and aesthetic purposes.
27. 
To prevent hazardous materials, nitrates and pesticides from entering public water supplies and other bodies of water.
28. 
To reduce public expenditures for repair of public facilities resulting from soil erosion and sedimentation.
29. 
To prevent contamination of the Township's aquifers.
30. 
To insure an adequate potable water supply for all development within the Township.
It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically or implicitly repealed by this chapter, or any private restrictions placed upon property by covenant, deed or other private agreement unless repugnant hereto.
Where this chapter imposes a greater restriction upon the use of buildings, or premises or upon the height of buildings or lot coverage, or requires greater lot area, or larger yards, or other open spaces than are imposed or required by such rules, regulations or permits or by such private restrictions, the provisions of this chapter shall control.
[Ord. No. 15-09 §§ 1, 2; Ord. No. 3-11 §§ 1, 2]
For the purpose of this Ordinance, unless the context clearly indicates a different meaning, the term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action. The singular shall also mean the plural and person shall also mean other legal entities.
ABUTTING ROAD
shall mean existing or proposed road shown on the adopted County or Township Master Plan or Official Street Map which adjoins or lies within a lot or parcel of land submitted for subdivision or site plan approval.
ACCESSORY APARTMENT/SUBSIDIZED
shall mean a self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters, and a private entrance, which is created within an existing home, or through the conversion of an existing attached accessory structure on the same site, or by an addition to an existing home through the use of public funds to an additional dwelling unit which shall be deed restricted for occupancy by and affordability to a qualified low or moderate income household in accordance with subsections 13-7.826 and 13-7.830.
ACCESSORY BUILDING, STRUCTURE OR USE
shall mean a building, structure or use which is customarily associated with and is subordinate and incidental to the principal building, structure or use and which is located on the same lot therewith, including but not limited to, antennas (including parabolic and satellite dish antennas), garages, carports, barns, decks, kennels, sheds, non-portable swimming pools and all roofed structures. Any accessory building attached to the principal building shall be considered part of the principal building. In residential districts, no accessory building or use shall be used for a business use conducted for profit apart from the main building or uses, except for home offices, as permitted by Ordinance.
[Ord. No. 01-07 § 1]
ADMINISTRATIVE OFFICER
shall mean an official of the Township responsible for the enforcement of any provision of this Ordinance or the Official Map, or the successor to such official designated pursuant to a reorganization of the municipal administration.
ADVERSE DRAINAGE CONDITION
shall mean 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 remove the threat of such damage.
ADVERSE EFFECT
shall mean conditions or situations creating, imposing, aggravating, or leading to impractical, unsafe, or unsatisfactory conditions on a subdivider's property or any adjacent property, such as inadequate drainage rights-of-way, inadequate drainage facilities, insufficient street width, or unsuitable street grades, or locating lots in a manner not adaptable for the intended purpose without danger to health or peril from flood or erosion.
AGRICULTURE
shall mean 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.
AGRICULTURE, RESIDENTIAL
shall mean the growing and harvesting of plant life and the keeping of non-household animals for the enjoyment of the residents on the property and not for commercial purposes.
ALLEY
shall mean a minor way which is used primarily for vehicular service access to the back or the side or properties otherwise abutting on a street.
ALTERATION OF STRUCTURE
shall means a change in the supporting members of a structure, an addition, diminution, change in use or conversion of a structure or a part thereof, or removal of a structure from one location to another. This definition shall not be construed to mean that a change in use from one use permitted in a zone to another use permitted in that same zone shall be an alteration.
ANIMAL HOSPITAL
shall mean a place where animals or pets are given medical or surgical treatment. Use as a kennel shall be limited to short-term boarding and shall be accessory and incidental to such hospital use.
ANIMAL KENNEL
shall mean any building, structure or premises in which five or more small animals are kept, boarded, bred or trained for commercial gain.
ANTENNA
shall mean any apparatus which is designed for the purpose of receiving television, radio, microwave, satellite or similar signals.
APARTMENT
See "Dwelling, Multi-Family."
APPLICANT
shall mean a person submitting an application for development. This definition is interchangeable with the definition of "Developer".
APPLICATION FOR DEVELOPMENT
shall mean the application form and all accompanying documents required for approval of a zoning permit, subdivision, site plan, planned development, general development plan, conditional use, zoning variance (including, without limitation, variances pursuant to N.J.S.A. 40:55D-70c and/or N.J.S.A. 40:55D-70d), a permit for the disturbance of steep slopes, or direction of the issuance of a permit pursuant to this Ordinance. With respect to subdivisions, site plans and general development plans, an application for development shall comprise all items, fees and documents required under subsections 13-3.201, 13-3.401, 13-501.1, 13-3.701, 13-3.801, 13-3.901.1, 13-3.1201, 13-6.101.1, 13-6.101.2, 13-6.102 through 13-6.107, 13-6.1 Schedule A, and/or 13-6.1 Schedule B, as applicable, and 13-7.818F.
APPROVAL DATE
shall mean the date the approving authority acts on an application for development.
APPROVED PLAN
shall mean a plan which has been granted final approval by the Planning Board or Board of Adjustment of the Township of Roxbury.
APPROVING AUTHORITY OR APPROVING BOARD
shall mean the Roxbury Township Planning Board unless Zoning Board of Adjustment approval is required by this Ordinance.
ASSISTED LIVING FACILITY
shall mean a residence for the frail elderly, licensed by the Department of Human Services, which provides rooms, meals, personal care, and supervision of self-administered medication.
BASEMENT
shall mean a space having one-half (1/2) or more, but not all, of its floor-to-ceiling height above the average level of the adjoining ground and with a floor-to-ceiling height of not less than seven (7) feet. A "basement" shall be counted as a story if used for business, industrial, office, or residential purposes. Basement floor area shall be counted for purposes of calculating floor area ratio (FAR) if the basement is used for any purpose other than storage and/or mechanical systems related to the operation of the building.
BLOCK
shall mean the area bounded by one (1) or more streets or a municipal boundary of sufficient size to accommodate a lot or lots of the minimum size required in this Ordinance.
BOARDS
shall mean the Roxbury Planning Board and the Roxbury Zoning Board of Adjustment.
BRIDGE
shall mean a structure having a clear span of more than twenty (20) feet designed to convey vehicles and/or pedestrians over a watercourse, railroad, street, or any depression.
BUFFER
shall mean an area within a property or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences and/or berms, designed to continuously limit view, sound, lights or other nuisances from one site to adjacent sites or properties.
BUILDING
shall mean a combination of materials to form a construction adapted for permanent, temporary, or continuous occupancy by human, animals and/or property and having a roof. (See "Accessory Building")
BUILDING, PRINCIPAL
shall mean a building in which is conducted the principal use of the site on which it is situated.
BUILDING, HEIGHT
shall mean the vertical distance from the average finished grade at the four corners of the foundation: (a) to the highest point of the roof for flat or shed roofs, (b) to the deck level for mansard roofs, or (c) to the midpoint between eaves and the ridge level, for gable, hip and gambrel roofs. Where a building has more than one roof, the building height shall be the maximum of the heights determined for all of the roofs. Building height shall be determined exclusive of chimneys, spires, towers, elevator penthouses, tanks, antennas, air-conditioning equipment and similar projections; provided, however, that such projections shall not cover more than ten (10%) percent of the roof area, shall not exceed the maximum height permitted in the zoning district by more than five (5) feet, and shall be shielded by a parapet wall, or other architectural relief.
BUSINESS OFFICE
shall mean an office associated with executive, management, professional, financial, legal, marketing, real estate, travel, administrative and/or technical business activities, but shall not include any premises primarily used for the sale of products.
CAPITAL IMPROVEMENT
shall mean a governmental construction project or acquisition of equipment or real property.
CAR DEALER, USED
shall mean an establishment solely engaged in the sale of used cars.
CARPORT
shall mean a roofed structure providing space for the parking of motor vehicles and enclosed on not more than three (3) sides.
CARTWAY
shall mean the hard or paved surface portion of a street customarily used by vehicles in their regular course of travel. Where there are curbs, the cartway includes the curbs and that portion between the curbs. Where there are no curbs, the cartway is that portion between the edges of the paved and/or graded width.
CELLAR
shall mean a space with less than one-half (1/2) of its floor-to-ceiling height above the average finished grade of the adjoining ground or with a floor-to-ceiling height of less than seven (7) feet. A cellar will not be counted as a story, nor will it be counted in calculating floor area ratio (FAR).
CERTIFICATION
shall mean a signed, written statement by the appropriate officer that specific constructions, inspections, tests, or notices where required, have been performed and that such comply with this Ordinance.
CHANNEL
shall mean a watercourse with a definite bed and banks which confine and conduct continuously or intermittently flowing water.
CHILD CARE CENTER
shall mean the area of a building which provides for the care of children outside of the homes of their parents or guardians and which is licensed by the Department of Human Services pursuant to P.L. 1983 (C. 30:5B-1 et seq.). The floor area occupied exclusively as a child care shall be excluded in calculating a building's parking requirements and floor area ratio (FAR).
CIRCULATION
shall mean 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 for the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or trans-shipment points.
CLUSTER
See "Residential Cluster."
COMMERCIAL USE
shall mean any use other than residential, institutional or governmental uses.
COMMON AREAS
shall mean a parcel or parcels of land, or an area of water, or a combination of land and water, together with the improvements thereon, and designed and intended for the ownership, use or enjoyment of the residents and owners of the development. Common property may contain such complementary structures and improvements as are necessary and appropriate for the benefit of the residents and owners of the development.
COMMON OPEN SPACE
shall mean 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 or owners of the development. Common open spaces mean only such structures and improvements as are appropriate for passive recreation.
COMMON OWNERSHIP
shall mean ownership of two (2) or more contiguous parcels of real property by one (1) person, or by two (2) or more persons owning such property jointly, as tenants by the entirety, or as tenants in common, or otherwise.
COMMUNITY BENEFIT
shall mean a benefit to the Township of Roxbury, which benefit need not be Township-wide but may be for the benefit of the immediate area of the development.
COMMUNITY RESIDENCE
shall mean a community residence for the developmentally disabled, a community shelter for victims of domestic violence, a community residence for persons with head injuries, or a community residence for the terminally ill, as defined in the Municipal Land Use Law, N.J.S.A. 40:55D-66.2.
COMPLETE APPLICATION
shall mean an application form completed as specified by this Ordinance and the rules and regulations of the Boards and all accompanying documents and information required for approval of the application for development in accordance with applicable checklists as described in Article VI of this Ordinance. An application shall become complete only upon being deemed so by the Approving Authority or designated administrative officer.
CONCEPT PLAN REVIEW
shall mean an opportunity for an applicant to describe a proposed development to the Planning Board before presentation of a formal application for the development, in an effort to obtain the general views and advice of the Board regarding the proposed development. Neither the Planning Board nor the applicant shall be bound by the concept plan or the review, and no commitments shall be made by either party as to any future action on an application.
CONDITIONAL USE
shall mean 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 Ordinance, and upon the issuance of an authorization therefor by the Planning Board.
CONSERVATION EASEMENT
shall mean an easement precluding future or additional development of the land and requiring that it be preserved in its natural state.
CONSTRUCTION DEBRIS
shall mean building material and refuse resulting from construction, remodeling and/or repair operations on buildings, pavement and/or other structures.
CONSTRUCTION OFFICIAL
shall mean the officer responsible for the administration of the Uniform Construction Code of the Township of Roxbury. Whenever the term "Building Inspector" may appear in this chapter, it shall be construed to mean the Construction Official.
COUNTY MASTER PLAN
shall mean a composite of the plan elements for the physical development of Morris County, 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 N.J.S.A. 40:27-4.
COUNTY PLANNING BOARD
shall mean the Morris County Planning Board.
COURT
shall mean any open, unoccupied area which is bounded by three (3) or more building walls.
CRITICAL AQUIFER RECHARGE AREAS
shall mean those areas identified by the USGS in its "Alamatong Wellhead Protection Study" (dated December 1998, including a map entitled "Land Use/Landcover in Contributing Areas at Full Allocation Pumping Rates from Wells in and near Alamatong Wellfield") as areas of twelve (12) years or less travel time of recharge to actual or potential public water supply wellheads. Category 1 Areas are those identified in the USGS Study as having a recharge travel time to such wellheads of five (5) years or less. Category 2 Areas include all other Critical Aquifer Recharge Areas with recharge-to-wellhead travel time of greater than five (5) years but not greater than twelve (12) years.
CRITICAL AREA
shall mean sensitive natural lands and waters which, when altered, would lead to the degradation of lands, water quality, or unique topographic features; such areas shall include, without limitation, frequently flooded soils, water retention soils, potential prime aquifer recharge areas, slopes in excess of fifteen (15%) percent, floodplains, wetlands, stream corridors, ridgelines and scenic vistas.
CUL-DE-SAC
shall mean a dead end street or roadway with a turnaround at the closed end.
CULVERT
shall mean a structure with a clear span of twenty (20) feet or less under a driveway, road, railroad, or pedestrian walk, not incorporated in a closed circulation system.
CUT
shall mean a portion of land surface or area from which earth has been removed or will be removed by excavation, or the depth of excavation below original ground surface.
DATE OF SUBMISSION OF AN APPLICATION FOR DEVELOPMENT
shall mean the date on which the application is deemed administratively sufficient, is assigned a docket number, and is scheduled for a public hearing to determine completeness, in accordance with the procedures set forth in subsections 13-3.202, 13-3.403, 13-3.501, 13-3.503, 13-3.702, 13-3.803, 13-3.901, 13-3.902, as applicable; provided, however, that if the application is subsequently determined to be incomplete pursuant to the aforesaid ordinance provisions, as applicable, and the incomplete items are not submitted within the time period provided therein, then the date of submission as defined herein will refer to the date on which a new application is filed, if any, and complies with the requirements of this definition.
DEAD-END STREET
shall mean a street or portion of a street which is accessible by a single means of ingress or egress without a turnaround at the end of the street.
DEDICATION FOR STREET PURPOSES
shall mean 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
shall mean the permitted number of dwelling units per gross area of land to be developed.
DESIGN STANDARDS
shall mean the standards governing the design and review of subdivision and site plan improvements as set forth in Article VIII of this Ordinance; such standards shall be complied with in all development applications except to the extent expressly waived by the approving Board or to the extent preempted by RSIS.
DETENTION BASIN
shall mean a facility designed to collect and contain stormwater runoff and release it from the property at a peak rate not greater than that resulting from an equivalent storm event prior to the development of the property.
DEVELOPER
shall mean the legal or beneficial owner or owners of a lot or of any land to be included in a proposed development, including the holder of an option or contract to purchase, or any other person having enforceable proprietary interest in such land. See "Applicant."
DEVELOPMENT
shall mean the division of a parcel of land into two (2) 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 Ordinance.
DEVELOPMENT, CLUSTER
See "Residential Cluster."
DEVELOPMENT, CONVENTIONAL
shall mean development other than planned development or cluster development.
DEVELOPMENT, PLANNED
See "Planned Development."
DEVELOPMENT REGULATION
shall mean a zoning, subdivision, site plan, or Official Map Ordinance or other municipal regulation of the use and development of land or amendment thereto adopted and filed pursuant to the Municipal Land Use Law (N.J.S.A. 55D-1 et seq.).
DIVERSION CHANNEL
shall mean a channel constructed across or at the bottom of a slope.
DRAINAGE
shall mean 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 ground water recharge where practical, to lessen non-point pollution, and to maintain the integrity of stream channels for their biological functions as well as for drainage; it also includes the means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE RIGHT-OF-WAY
shall mean the lands required for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter One of Title 58 of the Revised Statutes.
DRIVE-IN RESTAURANT
shall mean a building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption of same takes place or is designed to take place outside the confines of the building in a motor vehicle or on the site.
DRIVE-THRU
shall mean a facility associated with a commercial use by which customer transactions are conducted at a window or kiosk to which the customer drives in a motor vehicle.
DWELLING, MULTI-FAMILY
shall mean a building occupied or intended for occupancy as separate living quarters for more than two (2) families or more than two (2) households with access for each family or household to and from the building exterior directly or through a common hall, and further provided with separate cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each dwelling unit. Certain features of a multiple-family dwelling may be provided in common, including heating facilities, electric and gas service, off-street parking, yards and open space. Multiple-family dwellings may include buildings in cooperative or lease-hold ownership or in condominium ownership.
DWELLING, SINGLE-FAMILY
shall mean a building occupied or intended for occupancy exclusively for one (1) family or one (1) household with direct access from the outside and further provided with cooking, sleeping and sanitary facilities for the exclusive use of the occupants of the unit. A single family dwelling may accommodate not more than one roomer, and there shall be no physical changes to the dwelling associated therewith. See "Roomer."
DWELLING, TWO-FAMILY
shall mean a building occupied or intended for occupancy as separate living quarters for no more than two (2) families or two (2) households with separate cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit, which are separated from each other by vertical walls or horizontal floors.
DWELLING, ATTACHED
shall mean a one-family dwelling attached to two (2) or more one-family dwellings by common vertical walls.
DWELLING, DETACHED
shall mean a dwelling which is not attached to any other dwelling.
DWELLING, SEMI-DETACHED
shall mean a one-family dwelling attached to one other one-family dwelling by a common vertical wall.
DWELLING UNIT
shall mean one (1) or more rooms, occupied or intended for occupancy as separate living quarters by one (1) family or household, provided that access by no less than two (2) means is provided to and from the building exterior directly or through a common hall, and that separate cooking, sleeping and sanitary facilities are provided within the dwelling for the exclusive use of the occupants thereof.
EASEMENT
shall mean a non-ownership interest in land which confers a right to limited use or uses thereof.
EMBANKMENT
shall mean an artificial structure, usually of earth or gravel, constructed above the natural ground surface and designed to hold back water from overflowing a level tract of land, to retain water in a reservoir or a stream in its bed, or to carry a roadway or railroad; e.g. a dike, a seawall, and a fill.
ENVIRONMENTAL COMMISSION
shall mean a municipal advisory body created pursuant to N.J.S.A. 40:56A-1 et seq.
ENVIRONMENTAL IMPACT STATEMENT
shall mean a detailed analysis of the environmental consequences of a proposed development, written in accordance with provisions of this Ordinance.
EROSION
shall mean the detachment and movement, of soil or rock fragments by water, wind, ice or gravity.
ESSENTIAL SERVICES
shall mean the erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies, or privately if approved by a municipal agency as part of development plan approval, of underground gas, oil, electrical, telephone, steam, water or sewage transmission lines or systems, including water towers and underground and/or surface equipment including but not limited to: poles, wire, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, light stanchions, telephone lines, hydrants with other similar equipment and accessories therewith, reasonably necessary for the furnishing of adequate service to the zone or neighborhood where located in furtherance of the public health, safety or general welfare.
EXCAVATION
shall mean removal or recovery by any means whatsoever of minerals, mineral substances or organic substances, other than vegetation, from the water, land surface, or beneath the land surface, whether exposed or submerged. Normal agricultural activities shall not be considered to be excavation.
FAMILY
shall mean any number of persons maintaining a nonprofit household. A "family" shall include foster children placed with a family by the State Division of Youth and Family Services or duly incorporated child care agency but shall not include roomers or members of a fraternity or sorority. (See also "Household.")
FAMILY DAY CARE HOME
shall mean the private residence of a family day care provider which is registered as a family day care home pursuant to the "Family Day Care Provider Registration Act", P.L. 1987, c. 27 (C. 30:5B-16 et seq.).
FARM
shall mean an area of land which is actively devoted to agricultural or horticultural or dairy use which occupies no less than five (5) acres, exclusive of the land 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, 4-23.4, 4-23.11.
FARM CONSERVATION PLAN
shall mean a plan which provides for use of land, within its capabilities and treatment, within practical limits, according to chosen use, to prevent further deterioration of soil and water resources.
FAST FOOD RESTAURANT
shall mean an establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off premises.
FILL
shall mean sand, gravel, earth or other materials of any composition whatsoever placed or deposited by any person or persons. See "Embankment."
FINAL APPROVAL
shall mean the official action of the Planning Board or Board of Adjustment taken on a major subdivision or site plan that has received preliminary approval, 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. The approval of a minor subdivision or minor site plan shall have the same effect as a simultaneous preliminary and final approval.
FLAG LOT
shall mean a lot not satisfying the minimum frontage requirement of the zone district and configured in the shape of a flag, with its road frontage provided by a "flag staff" strip of land.
FLOOD OR FLOODING
shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or the unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD DAMAGE POTENTIAL
shall mean the susceptibility of a specific land use at a particular location to damage by flooding and the potential of the specific land use to increase off-site flooding or flood-related damages.
FLOOD FRINGE AREA
shall mean that portion of the flood hazard area outside of the floodway based on the total area inundated during the regulatory base flood plus twenty-five (25%) percent of the regulatory base flood discharge.
FLOOD HAZARD AREA
shall mean the flood plain, consisting of the floodway and the flood fringe area.
FLOOD HAZARD DESIGN ELEVATION
shall mean as established in the Flood Plains Regulations Article.
FLOODPLAIN
shall mean the same as the "Flood Hazard Area."
FLOODWAY
shall mean the portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwater and flood flow of any natural stream.
FLOOR AREA
shall mean the sum of the gross horizontal areas of the several floors of a building measured from the exterior walls. "Floor area" shall not include: (a) areas devoted exclusively for off-street parking and/or loading space for motor vehicles, (b) any space where the floor to ceiling height shall be less than seven (7) feet, (c) open porches, open canopies, and exterior balconies, or (d) areas devoted exclusively to use as a child care center. (See "Child Care Center.")
FLOOR AREA RATIO
shall mean the ratio of the floor area of all buildings on a lot to the lot area.
FLY ASH
shall mean particles of gas-borne matter, not including process material, arising from the combustion of solid fuel, such as coal or wood.
GARAGE
shall mean a building or portion thereof, other than a carport, used for the storage of one (1) or more vehicles. If such a building or portion thereof is accessory to the residential occupancy of the premises, and no service is rendered to the public nor any business conducted therein, then it is a private garage. Any garage other than a private garage is a public garage.
GARAGED
shall mean to be stored or parked entirely within the perimeter walls of a garage.
GENERAL DEVELOPMENT PLAN (GDP)
shall mean an application for development in the PO/LI District submitted and reviewed in accordance with the procedures set forth in Section 13-3.12 of this Ordinance.
GOVERNING BODY
shall mean the Township Council of the Township of Roxbury.
GOVERNMENT AGENCY
shall mean any department, commission, independent agency or instrumentality of the United States or of the State of New Jersey, or of any County, city, Township, village, authority, district or other governmental unit.
GRADE
shall mean a degree of inclination, or a rate of ascent or descent, with respect to the horizontal.
GRADE, EXISTING
shall mean the grade prior to excavating or filling.
GRADE, FINISHED
shall mean the final grade or elevation of the ground surface conforming to the proposed design.
GRADING
shall mean any stripping, cutting, filling, or stockpiling of soil and/or rock, or any combination of such operations.
GRADING PERMIT
shall mean a permit authorizing grading work to be performed under this chapter.
HAZARDOUS MATERIAL
shall mean any material or substance which, pursuant to Federal or State regulations, is listed as a hazardous substance or exhibits one or more hazardous characteristics, and is present in sufficient quantity to require the submission of a Community Right to Know Survey pursuant to the Worker and Community Right to Know Act, N.J.S.A. 34:5A-1 et seq.
HIGHLANDS ACT
shall mean the Highlands Water Protection and Planning Act, N.J.S.A. 13:20-1 et seq.
HISTORIC DISTRICT
shall mean one or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.
HISTORIC SITE
shall mean any real property, man-made structure, natural object or configuration, or any portion or group of the foregoing, of historical, archeological, cultural, scenic, or architectural significance.
HOME OFFICE
shall mean any office use conducted in a dwelling unit, by one or more full-time residents thereof, subordinate to and conducted as an accessory use to the residential use and complying with standards established in this Ordinance. Such home offices are a permitted accessory use in all residential zone districts.
HOME OWNERS ASSOCIATION
shall mean an incorporated, nonprofit organization operating in the development under recorded land agreements through which (a) each lot or unit owner shall be a member; (b) each occupied dwelling unit is subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the Township; and (c) each owner and tenant has a right to use the common property. The specifics of the Homeowners Association obligation shall be subject to Subdivision or Site Plan review.
HOTEL AND MOTEL
shall mean a building or group of buildings consisting of individual sleeping units designed for transient travelers and not for permanent residents.
HOUSEHOLD
shall mean a family living together in a single dwelling unit with common access and common use of all living and eating areas and all areas and facilities for the storage and preparation of food in a dwelling unit.
IMPERVIOUS COVERAGE
shall mean the percentage of the lot area which is improved or is proposed to be improved with buildings and structures, including but not limited to driveways, parking lots, pedestrian walkways, signs and other man-made improvements, which cover the ground surface and are more impervious than the natural ground surface. Provided, however, that for residential lots, the following structures shall not be deemed to constitute impervious coverage: (a) decks which allow water to flow between the decking to the ground beneath; (b) areas utilizing gravel or decorative stone in conjunction with landscaping; (c) children's play structures, and (d) pools. For residential lots seventy-five (75%) percent of the area of bricks, concrete pavers, and/or bluestone laid in sand shall be considered impervious coverage. This definition shall not apply to stormwater management calculations.
INSTITUTIONAL USES
shall mean public and quasi-public nonprofit uses promoting the public good, such as houses of worship, schools teaching academic subjects, libraries, and public utilities (excluding workshops, warehouses, garages, storage yards, and wireless telecommunications technology).
INTERESTED PARTY
shall mean any person, whether residing within or without the municipality, whose rights 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.
LAND
shall include improvements and fixtures on, above or below the surface.
LAND DISTURBANCE
shall mean any activity involving the clearing, cutting, excavating, filling, grading and any other activity which causes land to be exposed to the danger of erosion.
LANDSCAPING
shall mean the planting of seed to establish grass or other types of ground covers originating from seed, the planting of nursery grown plant materials to establish ground covers, the planting of nursery grown deciduous or evergreen shrubs or trees.
LAND SURVEYOR
shall mean a person who possesses special knowledge and ability in the principles and methods of land surveying, including the surveying of areas for their correct determination and description and for conveyancing, and for the establishment or re-establishment of land boundaries, and the plotting of lands and subdivisions thereof, and such topographical survey and land development as is incidental thereto, and is therefore qualified to practice land surveying as attested by his license in this State as a land surveyor.
LOT
shall mean 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, AVERAGING
shall mean a design technique permitting one or more lots in a subdivision to be undersized provided that other lots in the subdivision are oversized by an equal or greater area, resulting in an average minimum lot size as otherwise provided in the Land Use ordinance for the pertinent zoning district. Average lot size is calculated by adding the lot size by all the lots in the subdivision and dividing this total by the number of lots in the subdivision. Under lot averaging there is no increase in density or intensity of use of the subject property.
LOT, CORNER
shall mean a lot abutting the intersection of two or more streets, where the interior angle of intersection does not exceed 135 degrees. Each corner lot shall have two (2) front yards, one (1) side yard and one (1) rear yard, the side and rear yard to be designated at the time of application.
LOT, FLAG
shall mean a lot which has access to a public or private road by means of a narrow strip of property connecting the flag portion of the lot with the road.
LOT, INTERIOR
shall mean a lot other than a corner lot.
LOT, THROUGH
shall mean an interior lot which extends from one street to another.
LOT, WATERFRONT
shall mean any lot adjoining a waterway.
LOT AREA
shall mean the computed area contained within the lot lines, but not including any street rights-of-way.
LOT COVERAGE, BUILDING
shall mean the area occupied by all buildings on a lot measured on a horizontal plane around the periphery of the foundation(s) and including the area under the roof of any structure supported by columns, but not having walls, as measured around the outside of the outermost extremities of the roof above the columns.
LOT COVERAGE, IMPROVED
shall mean the percentage of the lot area which is improved or is proposed to be improved with principal and accessory buildings and structures, including driveways, parking lots, pedestrian walkways, signs and other man-made improvements on the ground surface.
LOT DEPTH
shall mean the average of the horizontal distances between the front lot line and the rear lot line, or extension thereof, measured perpendicular to the front lot line at either end and at the midpoint of the front lot line.
LOT LINE
shall mean a line of record bounding a lot.
LOT LINE ADJUSTMENT
shall mean the relocation of a boundary line between two (2) adjoining lots, provided that both lots are conforming after the adjustment, or that the pre-existing degree of nonconformity is not increased, and provided further that no new lots are created. A lot line adjustment does not require an application for subdivision approval under this Ordinance. (See also "Resubdivision.")
LOT LINE, FRONT
shall mean the lot line separating a lot from a street right-of-way.
LOT LINE, REAR
shall mean the lot line opposite the front lot line or lines, or in the case of triangular or otherwise irregularly shaped lots, a line ten (10) feet in length entirely within the lot, parallel to or at a maximum distance from the front lot line.
LOT LINE, SIDE
shall mean any lot line other than a front or rear lot line.
LOT WIDTH
shall mean the distance between the side lot lines measured along the front setback line.
MAINTENANCE GUARANTEE
shall mean any security, which may be accepted by the municipality for maintenance of any improvements required by this Ordinance including, but not limited to surety bonds, letters of credit under circumstances authorized by the Municipal Land Use Law, and cash.
MAJOR SITE PLAN
shall mean any site plan not classified as a minor site plan.
MAJOR SUBDIVISION
shall mean a subdivision not classified as a minor subdivision.
MANDATORY DEVELOPMENT FEE
shall mean the fee paid pursuant to a Mandatory Development Fee Ordinance.
MANDATORY DEVELOPMENT FEE ORDINANCE
shall mean an ordinance which prohibits development pursuant to an existing permitted use in the zoning ordinance without compelling the affected developer to contribute monies to the municipality's affordable housing fund.
MANUFACTURED HOME
shall mean a unit of housing which consists of one or more transportable sections which are substantially constructed off site and, if more than one section, are joined together on site; if built on a permanent chassis; is designed to be used, when connected to utilities, as a dwelling on a permanent or non-permanent foundation; and is manufactured in accordance with the standards promulgated before a manufactured home by the Secretary pursuant to the "National Manufacturing Housing Construction and Safety Standards Act of 1974" as amended and the standards promulgated for a manufactured or mobile home by the Commissioner pursuant to the "State Uniform Construction Code Act" as amended.
MASTER PLAN
shall mean a composite of one or more written or graphic proposals for the development of the Township prepared and adopted pursuant to the Municipal Land Use Law. N.J.S.A. 40:55D-28
MAYOR
shall mean the chief executive of the municipality, whatever his/her official designation may be, except that in the case of municipalities governed by municipal council and municipal manager, the term "mayor" shall not mean the "municipal manager" but shall mean the mayor of such municipality.
MEZZANINE
shall mean an intermediate level between the floor and ceiling of any store or covering not more than thirty-three (33%) percent of the floor area of the room in which it is located.
MINING
shall mean any operation or process which extracts ore, metals, minerals, chemicals, salts, petroleum products or precious stones from the ground or from the bed of a body of water.
MINOR SITE PLAN
shall mean a development plan for less than 600 square feet of floor area and less than 1,000 square feet of impervious surface, provided that such site plan (a) does not involve planned development, any new street, or extension of any off-street improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42, and (b) contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval of a minor site plan have been met.
MINOR SUBDIVISION
shall mean any subdivision of land that does not involve, (a) the creation of more than two (2) new lots plus a remaining parcel (remainder) for a total of three lots, all of which front on an existing street, within a five (5) year period; (b) a planned development; (c) any new street or the extension of Township facilities; (d) the extension of any off-tract improvements, the cost of which is to be prorated pursuant to C. 40:55D-42.
MOTOR VEHICLE SALES ESTABLISHMENT
shall mean an establishment primarily engaged in the retail sale of new or used motor vehicles or motorized marine craft; permitted accessory uses are the maintenance of a service and repair shop, and the retail sale of parts and accessories.
MULCHING
shall mean the application of suitable materials on the soil surface to conserve moisture, hold soil in place and aid in establishing plant cover.
MUNICIPAL LAND USE LAW
shall mean N.J.S.A. 40:55D-1 et seq., as amended.
MUNICIPALITY
shall mean the Township of Roxbury.
NATURAL GROUND SURFACE
shall mean the ground surface in its original state before any grading, excavation or filling.
NEW CONSTRUCTION
shall mean structures for which the "start of construction" commenced on or after the effective date of this Ordinance.
NONCONFORMING BUILDING
shall mean a building which does not conform to one (1) or more of the regulations of this Ordinance for the zone in which it is located.
NONCONFORMING LOT
shall mean a lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this 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
shall mean a structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this 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 USE
shall mean a use or activity which was lawful prior to the adoption, revision or amendment of this 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 ELEMENT
shall mean any smoke, solid particles or fly ash, odors, liquid wastes, solid wastes, radiation, noise, vibration, glare or heat.
NURSERY SCHOOL
shall mean a facility designed to provide daytime care or instruction for five (5) or more children from two (2) to five (5) years of age, inclusive, and operated on a regular basis licensed by the State Department of Human Services.
NURSING HOME
shall mean a building providing shelter and/or supplemental health care for the elderly or infirm and meeting the standards, and licensed by the State of New Jersey, to operate as a nursing home.
OBSTRUCTION
shall mean and includes, but is not limited to any structure, fill, excavation, channel modification, rock, gravel, refuse or matter in, along, across or projecting into any channel, watercourse or flood hazard area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to pose a danger to life or property.
OFFICIAL COUNTY MAP
shall mean 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 of Morris pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP
shall mean a map adopted by the Governing Body in accordance with Article 5 of the Municipal Land Use Law, which map shall be deemed conclusive with respect to the location and width of the streets and public drainage ways and the location and extent of flood control basins and public areas, whether or not such streets, ways, basins or areas are improved or unimproved or are in actual physical existence.
OFFICIAL SOILS INTERPRETATION
shall mean the interpretations of the soils described in the Morris Soil Survey of the National Cooperative Soil Survey of the Soil Conservation Service, United States Department of Agriculture, published by the Morris County Soil Conservation District.
OFFICIAL SOIL MAP
shall mean the individual map sheets that are part of the Morris County Soil Survey of the National Cooperative Soil Survey of the Soil Conservation Service, United States Department of Agriculture, published by the Morris County Soil Conservation District.
OFF-SITE
shall mean 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-TRACT
shall mean not located on the property which is the subject of a development application nor on the closest half of the street or right-of-way way abutting the property of which the lot is a part.
ON-SITE
shall mean located on the lot in question, exclusive of any abutting street or right-of-way.
ON-TRACT
shall mean located on the property which is the subject of a development application or on the closest half of the street or right-of-way abutting the property of which the lot is a part.
OPEN SPACE
shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such area may be improved with only those buildings, structures, and other improvements that are designed to complement the natural openness of the land or facilitate active or passive recreation.
OPEN SPACE, PUBLIC
shall mean open space conveyed or otherwise dedicated to the municipality.
PARKING FACILITY
shall mean any public or private parking area or garage, including the traffic aisles and access driveways.
PARKING LOT
shall mean an open area, other than a public or private road, street, or way, used for the parking of motor vehicles and containing traffic aisles, driveways and parking spaces.
PARKING SPACE
shall mean off-street space for the parking of one motor vehicle. Such a parking space shall have an area of not less than nine (9) feet by eighteen (18) feet exclusive of access drive or aisles, and shall have adequate provision for ingress and egress. A ten (10) foot width shall be provided in parking lots where shopping carts are utilized.
PARTY IMMEDIATELY CONCERNED
shall mean, 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 this Ordinance or the Municipal Land Use Law as amended.
PERCOLATION TEST
shall mean a test designed to determine the ability of ground to absorb water.
PERFORMANCE GUARANTEE
shall mean any security, which may be accepted by the municipality, including but not limited to surety bonds, letters of credit under circumstances authorized by the Municipal Land Use Law, and cash.
PERMIT
shall mean a certificate issued to perform work under this Ordinance.
PERMITTED USE
shall mean any use which shall be allowed, subject to the provisions of this Ordinance.
PERMITTEE
shall mean any person to whom a permit is issued in accordance with this Ordinance.
PERSON
shall mean a corporation, company, association, society, firm, partnership or joint-stock company, as well as an individual, the State and all political subdivisions of the State or any agency or instrumentality thereof.
PESTICIDE
shall mean any substance or mixture of substances labeled, designed, intended for or capable of use in preventing, destroying, repelling, sterilizing or mitigating any insects, rodents, nematodes, predatory animals, fungi, weeds and other forms of plant or animal life or viruses, except viruses on or in persons or animals. The term "pesticide" shall also include any substance or mixture or substances labeled, designed or intended for use as a defoliant, desiccant or plant regulator.
PLANNED COMMERCIAL DEVELOPMENT
shall mean an area of a minimum contiguous size as specified by this Ordinance to be developed according to a plan as a single entity containing one (1) or more structures, with appurtenant common areas to accommodate commercial or office uses, or both, and other uses incidental to the predominant use as may be permitted by this Ordinance.
PLANNED DEVELOPMENT
shall mean any planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
PLANNED HIGHWAY AREA COMMERCIAL DEVELOPMENT
shall mean an area of minimum contiguous size as specified by this Ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial, retail, office, restaurant and hotel uses, and other uses incidental to the predominant use as may be permitted by this Ordinance. Multiple businesses shall be subject to single overall site management for maintenance and upkeep of all common elements and aesthetic coordination of the development.
PLANNED INDUSTRIAL DEVELOPMENT
shall mean an area of at least ten (10) contiguous acres to be developed according to a plan as a single entity containing one or more structures with an appurtenant common area to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by this Ordinance.
PLANNED UNIT DEVELOPMENT
shall mean an area with a specified minimum contiguous acreage of ten (10) acres or more to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in this Ordinance.
PLANNED UNIT RESIDENTIAL DEVELOPMENT
shall mean an area with a specified minimum contiguous acreage of five (5) 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
shall mean the Planning Board of the Township of Roxbury.
PLAT
shall mean a map or maps of a subdivision or site plan.
PLAT, CONCEPT
shall mean the sketch map of a subdivision or site plan of sufficient accuracy to be used for the purpose of discussion of a concept plan.
PLAT, FINAL
shall mean the final map of all or a portion of a subdivision or site plan which is presented to the Planning Board or Board of Adjustment for final approval in accordance with this Ordinance.
PLAT, PRELIMINARY
shall mean the preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the Planning Board or Board of Adjustment for consideration and preliminary approval.
PRELIMINARY APPROVAL
shall mean the conferral of certain rights pursuant to this Ordinance prior to final approval after specific elements of development plan have been agreed upon by the Planning Board or Board of Adjustment and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
shall mean architectural drawings, prepared during early and introductory stages of the design of a project, illustrating in a schematic form, its scope, scale, appearance and relationship to its site and immediate environs.
PRINCIPAL USE
shall mean the primary or predominant use of the premises.
PROFESSIONAL ENGINEER
shall mean an engineer duly licensed by the State of New Jersey.
PROFESSIONAL OFFICE
shall mean an office associated with the practice of a business requiring professional education and licensing, including without limitation, accounting, architecture, dentistry, engineering, law, medicine, optometry and planning.
PROHIBITED USE
shall mean a use which is not permitted in a zone district.
PUBLIC AREA
shall mean existing or proposed (a) public parks, playgrounds, trail, 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
shall mean a master plan, capital improvements program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
PUBLIC DRAINAGE WAY
shall mean the land reserved or dedicated for the installation of storm water sewers or drainage ditches or required along a natural stream or watercourse for preserving the biological as well as the drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen nonpoint pollution.
PUBLIC UTILITY
shall mean any utility subject to rate regulation by the State of New Jersey Board of Regulatory Commissioners.
PUBLIC WELL
shall mean a well serving any system for the provision to the public of piped water for human consumption, if such system has at least fifteen (15) service connections or regularly serves at least twenty-five (25) individuals daily at least sixty (60) days out of the year.
QUARRYING
shall mean any operation or process which extracts stone, clay, sand, gravel, or soil from the ground or from the bed of any body of water.
QUORUM
shall mean the majority of the full authorized membership of the Board.
RAINFALL, EXCESS
shall mean the portion of rainfall which becomes direct surface runoff.
RECREATION FACILITY
shall mean a place where sports, leisure time activities and customary and usual recreational activities such as set forth in major group #79 of the Standard Industrial Classification Manual is carried out.
RECREATION, ACTIVE
shall mean recreational activities which involve more than minimal improvements to and/or disturbance of the natural state of the land.
RECREATION, COMMERCIAL
shall mean recreation facilities operated as a business and open to the public for a fee.
RECREATION, PASSIVE
shall mean recreational activities which involve the enjoyment of the land in its natural state with minimal improvements, such as footpaths and interpretative signs.
RECREATION, PERSONAL
shall mean an accessory use located on the same lot as the principal permitted use and designed to be used primarily for the occupants of the principal use and their guests.
RECREATION, PRIVATE
shall mean facilities operated by a nonprofit organization and open only to bona fide members and guests of such nonprofit organization.
RECREATION, PUBLIC
shall mean facilities operated by the Township, County, or other governmental agency.
RECREATIONAL VEHICLE
shall mean a vehicular type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational, camping and travel use and including but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes.
RESIDENTIAL CLUSTER
shall mean a contiguous 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, DENSITY
shall mean the number of dwelling units per gross acre of residential land area including streets, easements and open space portions of a development.
RESIDENTIAL SITE IMPROVEMENT STANDARDS OR RSIS
shall mean the statewide standards governing residential site plan and subdivision improvements promulgated by the State of New Jersey Department of Community Affairs pursuant to N.J.S.A. 40:55D-40.4.b.
RESTAURANT
shall mean an establishment in which food or drink is prepared, served and consumed within the principal building.
RESUBDIVISION
shall mean (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. Lot line adjustments, as defined herein, shall not, standing alone, require approval as a resubdivision and shall not be deemed to create additional lots for the purpose of classifying a development which includes one or more lot line adjustments as a minor or major subdivision.
RETAIL SALES
shall mean establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
RETAIL SERVICE
shall mean establishment providing services or entertainment, as opposed to products, to the general public, including eating and drinking places, hotels and motels, finance; real estate and insurance, personal and business services, motion pictures, amusement and recreational services, miscellaneous repair services, education, health and social services, museums, art galleries, and miscellaneous services.
RETENTION BASIN
shall mean a pond, pool or basin used for the permanent storage of water runoff; runoff collected in a retention basin is not released via surface discharge, but may infiltrate into the ground water.
RIDGELINE
shall mean a natural elevated topographical feature containing slopes of less than twenty-five (25%) percent and located at an elevation of 800 feet or greater above mean sea level at the top of a hill, mountain, plateau or promontory, where the land surrounding such an elevated topographical feature includes twenty-five (25%) percent + steep slopes.
RIGHT-OF-WAY
shall mean the total width of property occupied by a street, water course, utility path, or other way, and within which all improvements and rights of access are confined.
RIGHTS-OF-DISCHARGE
shall mean a legally recordable instrument granting to the developer the right to discharge collected waters upon lands exterior to the development.
ROOMER
shall mean a person other than a member of a family occupying a part of any dwelling unit who, for a consideration, is furnished sleeping accommodations in such dwelling unit and may be furnished meals as part of this consideration. A single family dwelling may accommodate not more than one roomer, and there shall be no physical changes to the dwelling associated therewith. (See "Dwelling, Single-Family.")
SCREEN
shall mean a structure or planting consisting of fencing, berms and/or evergreen trees or shrubs providing a continuous view obstruction within a site or property.
SECRETARY
shall mean the person selected by the Planning Board or Board of Adjustment to act as secretary to carry out specific duties as directed by the Planning Board or the Board of Adjustment, including the acceptance of applications of development.
SEDIMENT
shall mean any solid material that has settled down from state of suspension and has been moved by water, ice, wind, gravity or other means.
SEDIMENTATION
shall mean the transportation and deposition of sediment.
SEDIMENT POOL
shall mean the reservoir space allotted to the accumulation of submerged sediment during the life of the structure.
SETBACK
shall mean the closest distance between front, side, or rear lot line and the front, side or rear line of a building, or any projection thereof, except for uncovered stairs; setback is measured perpendicular to the building line.
SETBACK LINE
shall mean a line within the bounds of a lot parallel to a property line at a distance equaling the respective required front, rear or side yard. Where the street sideline is coterminous with or lies within the bounds of a lot, required setbacks shall be measured from the street sideline.
SHOPPING CENTER
shall mean six (6) or more retail commercial establishments located in one (1) or more buildings or structures and designated as a planned commercial development as defined herein.
SIGHT TRIANGLE
shall mean a triangular shaped portion of land established at intersections in accordance with the requirements of this Ordinance in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to limit or obstruct sight distance.
SIGN
shall mean as defined in Section 13-8.9.
SIGN, STREET
shall mean a sign designating the name of the street.
SILTATION (DETENTION OR RETENTION) BASIN
shall mean a temporary or permanent facility designed in accordance with standards of the applicable Federal, State, County or municipal agencies to collect silt and eroded soil from the area of a development and/or to retain stormwater runoff.
SINGLE OWNERSHIP
shall mean any form of ownership by one or more persons of a lot not adjacent to a lot or lots partially or entirely in the same ownership.
SITE
shall mean any plot or parcel of land or combination of contiguous lots or parcels of land.
SITE PLAN
shall mean a development plan of one (a) or more lots on which is shown (1) the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, flood plains, 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 that an informed determination may be made by the approving Board pursuant to this Ordinance.
SLOPE
shall mean degree of deviation of a surface from the horizontal, usually expressed in percent or degree.
SOIL
shall mean all unconsolidated mineral and organic material of natural origin that overlies bedrock and which can be readily excavated.
SOIL CONSERVATION DISTRICT
shall mean the governmental subdivision of this State which encompasses this municipality, organized in accordance with the provisions of Chapter 23, Title 4 (N.J.S.A. 4:24-1 et seq.).
SOIL EROSION AND SEDIMENT CONTROL PLAN
shall mean a plan which indicates necessary land treatment measures, including a schedule for installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be at least equivalent to the standards and specifications as adopted by the Morris Soil Conservation District.
STANDARDS OF PERFORMANCE
shall mean standards (a) adopted by this Ordinance regulating noise levels, glare, vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matter, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matter as may be reasonably required by the Township; or (b) required by applicable Federal or State laws or municipal ordinances.
STORMWATER DETENTION
shall mean any storm drainage technique which retards or detains runoff, such as a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells or any combination thereof.
STORY
shall mean that portion of a building included between the surface of any floor 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
shall mean a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four (4) feet above the floor of such story.
STREAM ENCROACHMENT PERMIT
shall mean a permit issued by the N.J. Department of Environmental Protection under the provisions of N.J.S.A. 58:1-26.
STREET
shall mean any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is (a) an existing State, County or municipal roadway, or (b) a street or way shown upon a plat heretofore approved pursuant to law, or (c) approved by official action, or (d) a street or way on a plat duly filed and recorded in the office of the County Clerk of Morris County prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; it includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines. For purposes of this chapter, streets shall be classified in Chapter 13-8.601.
STRIPPING
shall mean any activity which removes or significantly disturbs the vegetative surface cover. Agricultural cultivation shall not be considered stripping.
STRUCTURE
shall mean 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 or water, including, but not limited to buildings, paving, dams, walls, levees, bulkheads, dikes, jetties, embankments, wharves, piers, docks, landings, obstructions, pipelines, causeways, culverts, roads, railroads, bridges and the facilities of any authority, utility, municipality, County, State or other governmental agency.
SUBDIVISION
shall mean the division of a lot, tract or parcel of land into two (2) 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 Ordinance if no new streets are created:
1. 
Divisions of land found by the Planning Board to be for agricultural purposes where all resulting parcels are five acres or larger in size, providing that the Planning Board shall require suitable proofs that said division be for agricultural purposes only, and may impose such suitable limitations and controls, including restrictive deed covenants, as it may deem advisable with respect to the use thereof for any non-agricultural purpose;
2. 
Divisions of property by testamentary or intestate provisions;
3. 
Divisions of property upon court order, including but not limited to judgments of foreclosure;
4. 
Conveyances so as to combine existing lots by deed or other recorded instrument;
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 to conform to the requirements of this Ordinance and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the Township; and
Lot line adjustments. (See "Lot Line Adjustment.")
The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION AND SITE PLAN COMMITTEE
shall mean a committee of at least three (3) Planning Board members appointed by the Chairperson of the Board for the purpose of reviewing subdivisions and site plans in accordance with the provisions of this Ordinance, and making recommendations regarding their completeness to the Board.
SURFACE WATER
shall mean water collected upon or conveyed along the surface of land.
SWIMMING POOL, PORTABLE
shall mean swimming pools that are not otherwise permanently installed and do not require water filtration, circulation and purification; do not exceed two (2) feet in depth; do not exceed a water surface area of one hundred (100) square feet; and do not require braces or supports when located above ground.
SWIMMING POOL, PRIVATE
shall mean any artificially constructed basin or other structure for the holding of water for use by the possessor, his family or guests, for swimming, diving and other aquatic sports and recreation. The term "swimming pool" does not include any plastic, canvas or rubber pool temporarily erected upon the ground holding less than five hundred (500) gallons of water and having a side depth of eighteen (18) inches or less.
TEMPORARY PROTECTION
shall mean stabilizations of erosive or sediment-producing areas.
TEMPORARY STRUCTURES
shall mean a temporary building or trailer without permanent foundation used for field office purposes or the storage of building materials or machinery in conjunction with an approved construction project, but specifically excluding and prohibiting sleeping accommodations for residential habitation.
TERMS
as used in this Ordinance the present tense shall include the future; the singular number shall include the plural; and the plural the singular. The word "shall" is always mandatory. The words "zone" and "district" are used synonymously.
TOPSOIL
shall mean the surface soil and soil material to a depth of six (6) inches tillage, its equivalent in cultivated soil, or the original or present "A" horizon plus "B" horizon (if in top six (6) inches), as defined by the National Cooperative Soil Survey of the United States Department of Agriculture, before its removal or displacements for any purposes whatsoever. "Topsoil" shall be capable of supporting vegetation indigenous to the area.
TOWNHOUSE
shall mean a building designed for or occupied by no more than one (1) family or household and attached to other similar buildings or structures by party or common walls extending from the foundation to the roof and providing two (2) direct means of access to and from the building exterior and provided with separate cooking, sleeping and sanitary facilities and separate facilities for electric service, heating, electric facilities and gas service. For the purpose of this Ordinance, a "townhouse" may include fee simple, condominium or cooperative ownership or any combination thereof.
TRACT
shall mean property which is the subject of a development application.
TRAILER
shall mean a vehicular chassis or structure designed to be hauled by another vehicle and to carry any structure, object, material, person, animal or thing.
TRANSCRIPT
shall mean a typed or printed verbatim record of the proceedings or reproduction thereof.
USE
shall mean the specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.
VARIANCE
shall mean approval expressly granted by the approving Board for an applicant to depart from the literal requirements of Article VII or the sign standards of Article VIII (Section 13-8.9) of this Ordinance.
VEGETATIVE PROTECTION
shall mean stabilization or erosive or sediment-producing areas by covering the soil with:
1. 
Permanent seeding, producing long-term vegetative cover.
2. 
Short-term seeding, producing temporary vegetative cover or mulching.
3. 
Sodding, producing areas covered with a turf of perennial sod-forming grass.
VEGETATIVE WASTE
shall mean tree trunks, tree stumps, branches, brush, shrubbery, or residue of any of the foregoing.
VEHICLE STORAGE
shall mean the location of a motor vehicle on site for a period of time in excess of that which is required to engage in the on-site activity.
VEHICULAR SALES AREA
shall mean an open area, other than a right-of-way or public parking area, used for display, sale or rental of new or used vehicles in operable condition and where no repair work is done.
VEHICULAR SERVICE STATION
shall mean any lots, lands, buildings, or structures used or intended to be used for dispensing or sale of vehicular fuels and/or for service or maintenance of motor vehicles or any component thereof, including without limitation facilities which provide lubrication or install tires, batteries, brakes, transmissions, shock-absorbers, or mufflers. A facility which only installs and/or repairs automotive audio systems, such as radios and car stereo components, is not classified as a vehicular service station.
WAIVER, DESIGN
shall mean approval expressly granted by the approving Board for an applicant to depart from the literal requirements of the design standards set forth in Article VIII of this Ordinance.
WATER BODIES
shall mean any natural or artificial collection of water, whether permanent or temporary.
WATERCOURSE
shall mean any natural or artificial watercourse, stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel, bed and banks, and shall include any area adjacent thereto subject to inundation by reason of overflow or floodwater.
WATER-CARRYING CAPACITY
shall mean the ability of a channel or floodway to transport flow as determined by its shape, cross-sectional area, bed slope and coefficient of hydraulic friction.
WATERWAYS, GRASSED
shall mean a natural or constructed waterway, usually broad and shallow, covered with erosion-resistant grasses used to conduct surface water from a field, diversion or other site features.
WETLANDS (FRESHWATER WETLAND)
shall mean 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, in designating a wetland, the 3-parameter approach (i.e. hydrology, soils and vegetation) enumerated in the April 1, 1987 interim-final draft "Wetland Identification and Delineation Manual" developed by the United States Environmental Protection Agency, and any subsequent amendments thereto shall be used.
WIRELESS TELECOMMUNICATIONS ANTENNA (WT ANTENNA)
shall mean antenna of any type of design, which is or may be used for the delivery of wireless telecommunications.
WIRELESS TELECOMMUNICATIONS EQUIPMENT (WT EQUIPMENT)
shall mean any building, structure, or equipment, including without limitation transmitters, power sources, or other equipment, except antennas or towers, which are or may be used for the delivery of wireless telecommunications.
WIRELESS TELECOMMUNICATIONS COMPOUND (WT EQUIPMENT COMPOUND)
shall mean the area which houses any combination of WT Equipment.
WIRELESS TELECOMMUNICATIONS SERVICE PROVIDER (WT SERVICE PROVIDER)
shall mean any person, business organization, or other entity, of any kind, whether public or private, which seeks to install, operate, or maintain any combination of WT Technology within the boundaries of the Township of Roxbury, or which already operates or maintains such WT Technology.
WIRELESS TELECOMMUNICATIONS TECHNOLOGY (WT TECHNOLOGY)
shall mean collectively WT Antennas, WT Equipment, WT Equipment Compound, and WT Towers.
WIRELESS TELECOMMUNICATIONS TOWERS (WT TOWERS)
shall mean a vertical structure which is or may be used to support any WT Antenna or other WT Equipment, whether freestanding or attached to any existing structure.
YARD
shall mean an open space which lies between the principal or accessory building or buildings and the nearest lot line, unoccupied and unobstructed from the ground upward except as permitted in this Ordinance.
YARD, FRONT
shall mean a space extending the full width of the lot between any building and the front lot line, and measured perpendicular to the building at its closest point to the front lot line. Said front yard shall be unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this Ordinance.
YARD, REAR
shall mean a space extending the full width of the lot between any building and the rear lot line, and measured perpendicular to the building at its closest point to the rear lot line.
YARD, SIDE
shall mean a space located on either side of a building between the front and rear building line and between the side of the building and the nearest side lot line.
ZONING PERMIT
shall mean a document signed by the Zoning Officer which (a) is required by this Ordinance as a condition precedent to the commencement or change of a use, including a change in the business entity and/or tenant occupying a building or space, or the erection, construction, reconstruction, alteration, conversion, or installation of a structure or building, and (b) acknowledges that such use, structure or building conforms and complies with the provisions of this Ordinance, or that variances or design waivers therefrom have been granted by the approving Board.