Township of Green, NJ Article II Definitions

§ 30-4 WORDS AND PHRASES DEFINED.

[1979 Code § 64-4; Ord. No. OR-9-83; Ord. No. 6-85; Ord. No. 01-07; Ord. No. 02-10; Ord. No. 04-11 § 1; Ord. No. 05-19; Ord. No. 2010-09 § 1; Ord. No. 2011-03 § 1; Ord. No. 2011-05 § 1; Ord. No. 2011-07 § 1; Ord. No. 2014-05; Ord. No. 2017-02]

a. For the purpose of this chapter, certain terms are defined as follows:

ACCESSORY BUILDING

Shall mean a building or structure, the use of which is customarily incidental to that of the main building and which is located upon the same lot as that occupied by the main building. This definition shall not allow, nor be construed to allow, a second residential dwelling house upon a lot already occupied by a residential dwelling house whether or not either or both of said dwelling houses are related to agricultural or horticultural uses. Where an accessory building is attached to a main building in a substantial manner by a wall or roof, such accessory building shall be considered part of the main building.

ACCESSORY USE

Shall mean a use customarily incidental to the principal use of a building, lot or land or part thereof. This definition shall not permit, nor be construed to permit, a second residential dwelling house upon a lot already occupied by a residential dwelling house whether or not either or both of said dwelling houses are related to agricultural or horticultural uses.

ADMINISTRATIVE OFFICER

Shall mean the administrative officer for the various purposes required by this chapter and by the provisions of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) as follows:

1. For the purpose of determining the completeness of an application of development, pursuant to N.J.S.A. 40:55D-10.3, shall be the Planning Board.

2. For the purpose of issuing permits, certificates or authorizations for the erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structure or the use or occupancy of any building, structure or land, pursuant to N.J.S.A. 40:55D-18, shall be the Zoning Officer.

3. For the purpose of administration of subdivision, site plan or conditional use applications and any variances attending same pursuant to N.J.S.A. 40:55D-25, 60 shall be the Planning Board.

4. For the purpose of issuance of certificates with respect to subdivision approvals pursuant to N.J.S.A. 40:55D-56, shall be the chairman of the Planning Board.

AGRICULTURAL ACCESSORY BUILDING

Shall mean a building or structure, the use of which is customarily incidental to agricultural use, designed, constructed and used to house farm implements, farm machinery, livestock, agricultural produce or products raised and grown on the premises, as well as process and store agricultural produce on products raised and grown on the premises.

ANTENNA

Shall mean any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), or television signals.

APARTMENT

Shall mean one or more rooms with private bath and kitchen facilities constituting an independent, self-contained dwelling unit located on the same lot as another use.

APPLICANT

Shall mean a developer submitting an application for development.

APPLICATION FOR DEVELOPMENT

Shall mean the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, residential cluster, conditional use or zoning variance.

APPROVING AUTHORITY

Shall mean the agency, board, group, or other legally designated individual or agency that has been charged with the review and approval of plans and applications.

AREA OF SOLAR ARRAY

Shall mean the area of the smallest encompassing square rectangle (or other geometric figure) of a ground - mounted solar array.

BASEMENT

Shall mean a portion of the building partly underground but having less than 1/2 of its clear height below the average grade of the adjoining ground. See also "cellar."

BED AND BREAKFAST

Shall mean facility for overnight accommodations and a morning meal, in a dwelling unit or other facility, with on- site accommodations for the owner or caretaker, for a period not to exceed two weeks.

BOARDER OR ROOMER

Shall mean a person not a member of a family, as defined in this chapter, who pays for the privilege of lodging.

BUILDING

Shall mean a structure having a roof supported by columns, walls or similar structural parts and used or intended to be used for housing, enclosure or shelter of persons, animals or property of any kind.

BUILDING COVERAGE

Shall mean the percentage which the aggregate area of all building on a lot bears to the area of the lot.

CAPITAL IMPROVEMENT

Shall mean a governmental acquisition of real property or major construction project.

CELLAR

Shall mean a portion of the building partly underground, having 1/2 or more than 1/2 of its clear height below the average grade or adjoining ground. See also "basement."

CHANGE IN USE

Shall mean the use of a building or land which is in any manner different from the previous use by way of function, operation, extent, products sold or manufactured and the like, but not including a change in ownership or occupancy unless the nature of the use, as described above, is changed.

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 the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.

CLUB OR LODGE

Shall mean an association of persons which is the owner or occupant of an establishment operated solely for a recreational, social, fraternal, religious or political purpose and not operated for profit or gain.

COMMERCIAL VEHICLE

Shall mean any motor vehicle licensed by the state as a commercial vehicle.

COMMON FACILITIES

Shall mean and include but not be limited to facilities for the common use of two or more dwellings, such as roads, sidewalks, swimming pools, playgrounds, trees, greens, fairways and parking areas.

COMMON OPEN SPACE

Shall mean that open space shown on a recorded subdivision or site plan for the common use of two or more dwelling units.

COMMON OWNERSHIP

Shall mean ownership of two or more contiguous parcels of real property by one person or by two or more persons owning such property as joint tenants, as tenants by the entirety or as tenants in common.

COMPLETE APPLICATION

Shall mean a properly completed application form and accompanying maps and other documents in the necessary quantity, including sufficient fees and deposits, containing pertinent plat or plan details and indicating proposed physical improvements, all as may be required by this chapter, and such additional data and information as the approving authority may require in order to review an application for development.

CONDITIONAL USE

Shall mean a use permitted in a particular zone 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.

CONVENTIONAL DEVELOPMENT

Shall mean development other than planned development.

CORNER LOT

Shall mean a lot at the junction of and having frontage on two or more intersecting streets, or a lot bounded on two or more sides by the same street.

DEVELOPER

Shall mean the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT REGULATIONS

Shall mean a zoning, subdivision, site plan, official map or other regulation of the use and development of land, or amendment thereto, adopted and filed pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).

DRAINAGE RIGHT-OF-WAY

Shall mean the lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage, in accordance with Chapter 1 of Title 58 of the New Jersey Revised Statutes, including lands intended as flood control basins.

DWELLING OR DWELLING UNIT

Shall mean a building or part thereof used as the residence of and providing complete living facilities for a family as defined in this chapter.

1. DWELLING, MULTI-FAMILY Shall mean a building containing two or more dwelling units, including apartments and townhouses as defined herein.

2. DWELLING, ONE-FAMILY Shall mean a building containing one dwelling unit.

3. DWELLING, SINGLE-FAMILY DETACHED Shall mean a building containing one dwelling unit and that is not attached to any other dwelling by any means and is surrounded by open space or yards.

4. DWELLING, SINGLE-FAMILY SEMI-DETACHED Shall mean a one-family dwelling attached to one other one-family dwelling by a common vertical wall, with each dwelling located on a separate lot.

5. DWELLING, TOWNHOUSE Shall mean a single-family dwelling attached by a common wall between it and the adjacent unit or units extending from the basement to the roof, together with individual front and rear entrances and yards designed as an integral part of each unit.

FAA

Shall mean the Federal Aviation Administration.

FAMILY

Shall mean a person or any number of persons united by blood, marriage or legal adoption living together in a domestic relationship in a dwelling or dwelling unit, with or without cooking facilities, as a single housekeeping unit, or a group of not more than three persons, not necessarily united by blood, marriage or legal adoption, living in the relationship as a single housekeeping unit. Nothing herein contained shall be construed as preventing the placement of foster children by the New Jersey State Board of Child Welfare or a duly incorporated child welfare agency with a family in the Township.

FARM

Shall mean a parcel of land containing five acres or more and used for agricultural or horticultural purposes or for the raising of poultry or domesticated livestock.

FCC

Shall mean the Federal Communications Commission.

FINAL APPROVAL

Shall mean official action of the Planning Board taken on a preliminarily approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled, and the required improvements have been installed or guaranties properly posted for their completion or approval conditioned upon the posting of such guaranties.

FINAL PLAT

Shall mean the map or maps of a subdivision application for which final approval is sought pursuant to this chapter.

FLOOR AREA

For determining floor area ratio shall mean the area of all floors computed by measuring the outside dimensions of the exterior walls of a building, excluding floor areas of the following: crawlspaces, basements, porches, breezeways, patios, terraces, garages and carports. The floor area of a second floor room or attic shall be included if the ceiling height is at least seven feet, notwithstanding that the room or attic has minor ceiling slopes, provided that the knee walls are at least feet in height.

GARAGE, PRIVATE

Shall mean a detached accessory building or portion of a main building for the parking of or temporary storage of automobiles of occupants of the main building and wherein not more than one space is rented to persons not resident of the lot or not more than one commercial vehicle not to exceed two tons in net weight is parked or stored.

GARAGE, PUBLIC

Shall mean any building, premises or land in which or upon which a business, service or industry involving the maintenance, washing or servicing of automobiles and storage in connection therewith is conducted or rendered, and not including motor vehicle service station as defined herein.

GENERAL TERMS AND CONDITIONS

Shall mean the conditions under which preliminary approval is granted, including subdivision plat and site plan details, § 30-14; On-Tract and On-Site Improvements, § 30-15; Off-Tract Improvements, § 30-16 and Design Standards, § 30-17.

GOVERNING BODY

Shall mean the Township Committee of the Township of Green.

GROSS FLOOR AREA

For determining floor area for parking calculations shall mean the sum of the gross horizontal areas of all enclosed floors of a building, including cellars, basements, mezzanines, penthouses, corridors, and lobbies from the exterior face of exterior walls, or from the centerline of a common wall separating two buildings, but excluding any space with a floor-to-ceiling height of less than seven feet in height, provided that area is not dedicated to a use which generates a need for parking.

GROUND - MOUNTED SOLAR ARRAY

Shall mean a solar energy system, as defined herein that is mounted on armatures anchored to the ground with ground cover beneath.

HEIGHT

When referring to a tower shall mean the distance measured from the lowest finished grade of the base of the tower to the highest point on the tower, including the base pad and any antennae or other appurtenances.

HEIGHT OF STRUCTURE

Shall mean the vertical distance from the average ground elevation around the foundation to the height of the highest roof surface. The highest roof surface shall not include cupolas, spires, chimneys, clock towers, roof- mounted equipment and other non-structural architectural elements. (See also Height Exceptions, § 30-65.) Nonstructural architectural elements may not exceed 10 feet above the highest roof surface or occupy an aggregate of more than 10% of the roof surface. Average ground elevation shall be the average height of the highest and lowest ground elevations along the finished grade of the building, measured within six feet of the outside building foundation wall.

HOME OCCUPATION

Shall mean any activity carried out for gain by a resident and conducted within the confines of a building on the property. The area in which the home occupation is conducted shall not exceed 30% of the floor area of the principal structure.

INTERESTED PARTY

Shall mean in a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and in the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the Township, whose right to use, acquire, or enjoy property is or may be affected by any action taken under this chapter or whose rights to use, acquire or enjoy property under this chapter or under any other law of the State of New Jersey or of the United States have been denied, violated or infringed upon by an action or a failure to act under this chapter.

LOADING SPACE

Shall mean an off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or material.

LOT

Shall mean a legally established and existing parcel of land with boundaries determinable from official records.

LOT AREA

Shall mean the total area included within the lot lines, exclusive of any street right-of-way. Where the property line extends to the center of a street and the street right-of-way width has not been determined, the area of the lot, for the purpose of this chapter, shall not include land within 25 feet of the center line of the street.

LOT SIZE AVERAGING

Shall mean the permitted reduction in the required minimum lot size by an allowable maximum amount of certain lots in a subdivision, along with a corresponding increase in the area of other lots above the minimum lot size, so that the average of all lots in the subdivision is equal to or greater than the minimum required lot size.

LOT WIDTH

Shall mean the distance between the side lines of a lot measured parallel to the street right-of-way.

MAINTENANCE GUARANTY

Shall mean any security, other than cash, which may be accepted by the Township for the maintenance of any improvements required by this chapter.

MAJOR SUBDIVISION

Shall mean any subdivision not classified as a minor subdivision.

MASTER PLAN

Shall mean a composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to N.J.S.A. 40:55D-1 et seq.

MAXIMUM DEPTH OF MEASUREMENT

Shall mean a distance, as specified in this chapter, measured from and parallel to a street right-of-way, within which the required minimum lot size must be measured.

MINOR SITE PLAN

Shall mean the development plan of a single lot which proposes new development within the scope of development specifically permitted by this chapter as a minor site plan: does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to § 30-16 of this chapter; contains the information reasonably required in order to make an informed determination as to whether the requirements established by this chapter for approval of a minor site plan have been met; and shall be limited to the following classes of development:

1. A change in use involving no building construction, other than interior modification or interior structural alteration, and no additional off-street parking.

2. Minor structural changes, such as entry enclosures, porticos and other structural appurtenances, including roof appurtenances.

3. Building additions not exceeding 100 square feet in ground coverage and accessory structures not exceeding 500 square feet in ground coverage, provided that the same do not invade upon any required parking area, setback area or otherwise violate any requirements of this chapter.

MINOR SUBDIVISION

Shall mean any subdivision of land that does not involve:

1. The creation of more than two new lots plus remainder for a total of three lots fronting upon an existing, accepted street or upon a private street approved by the Planning Board or otherwise approved by the Township Committee for the purpose of issuing building permits, within a five-year period, from any parcel regardless of how the title to such parcel may have been transferred during such five-year period.

2. A planned development.

3. Any new street or the extension of Township facilities.

4. The extension of any off-tract improvement.

5. An adverse effect upon the development of the remainder of the parcel or upon adjoining lands.

6. A conflict with any provision or portion of the Master Plan, Official Map, zoning regulations or the provisions of this chapter.

MOTOR VEHICLE SERVICE STATION

Shall mean a building or premises in which or upon which is conducted a business involving the retail sale and direct delivery to motor vehicles of gasoline and lubricating oil, regardless of any other business on the premises, which business may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, but not including facilities for body repair work or painting.

MUNICIPAL AGENCY

Shall mean the Planning Board, the Board of Adjustment or the Township Committee of the Township of Green.

NET FLOOR AREA

For determining floor area for parking calculations in buildings greater than 10,000 square feet, shall mean the sum of the gross horizontal areas of all enclosed floors of a building measured from exterior face of exterior walls, or from the centerline of a common wall separating two buildings, excluding the following:

1. Stairwells and elevator shafts;

2. Mezzanines and hallways;

3. Equipment rooms;

4. Interior parking or loading areas;

5. Storage areas for supplies for the building, i.e. cleaning supplies and office supplies (excluding warehousing of products);

6. Product display areas, lobbies and waiting areas;

7. Employee amenity areas such as lunch rooms, break rooms, workout areas, locker rooms, bathrooms, etc.;

8. Floors below grade except when they are intended for human habitation or service to the public; and

9. Any space with a floor-to-ceiling height of less than seven feet.

NONCONFORMING USE

Shall mean a use of land or building which was lawful prior to the adoption of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption.

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

OFF-TRACT IMPROVEMENT

Shall mean an improvement which is not located on the property, which is the subject of an application, for development nor on a contiguous portion of a street or right-of-way and includes any of the following:

1. All improvements of the types required for on-tract installation where the need for the providing of such improvements off tract is, in whole or in part, made necessary by the proposed application of the applicant and where the making of such improvements will confer a benefit upon the applicant's lands, which are the subject of the application.

2. Any improvement or facility, the installation of which is required in the public interest and the public need for which would not arise but for the improvement of the lands, which are the subject of the applicant's application, and the installation of which would confer a benefit upon the applicant's lands, which are the subject of the application. In addition to improvements of the type referred to above, improvements required to maintain a safe flow of vehicular and pedestrian traffic are specifically declared to be necessary in the public interest.

3. Installation of new improvements and extensions and modifications of existing improvements.

OFFICIAL MAP

Shall mean a map adopted by ordinance of the Township Committee pursuant to Article 5 of P.L. 1975, c. 291, showing the location and width of streets and drainage right-of-way and the location and extent of public parks and playgrounds whether existing or proposed.

ON-SITE

Shall mean located on the lot in question.

ON-TRACT IMPROVEMENT

Shall mean any improvement, the installation of which may be required as part of an application for development and which is to be located on the property, which is the subject of an application for development, or on a contiguous street or right-of-way.

OPEN SPACE

Shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.

OWNER

Shall mean any individual, firm, association, syndicate, copartnership, limited liability corporation or corporation having sufficient proprietary interest in the land sought to be subdivided or developed to commence and maintain proceedings to subdivide or develop the same under this chapter.

PARKING AREA

Shall mean an open area, other than a street or other public way, used for the parking of motor vehicles and available for public use, whether for a fee or as a service or privilege for clients, customers, suppliers or residents.

PARKING SPACE

Shall mean an accommodation for the off-street parking of a motor vehicle, which space shall have an area as required by this chapter.

PERFORMANCE GUARANTY

Shall mean a security which may be accepted in lieu of a requirement that certain improvements be made before the Planning Board or other municipal agency approves a subdivision plat or site plan.

PLANNED DEVELOPMENT

Shall mean planned unit residential development or residential cluster.

PLAT

Shall mean the map or maps of a subdivision.

POLLUTANT

Shall mean any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)), thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the State, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.

PRELIMINARY APPROVAL

Shall mean the conferral of certain rights, pursuant to § 30-11.5 of this chapter, prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board.

PRELIMINARY PLAT OR SITE PLAN

Shall mean the preliminary map indicating the proposed layout of a subdivision or site plan, which is submitted to the Secretary of the Planning Board for consideration and preliminary approval.

PRINCIPAL STRUCTURE

Shall mean a structure arranged, adapted or designed for the predominant or primary use for which a lot may be used.

PRINCIPAL USE

Shall mean the primary or predominant use of the premises.

PROFESSIONAL OFFICE

Shall mean an office used for the practice of a licensed profession, including but not limited to law, medicine, dentistry, engineering, architecture and accounting.

PUBLIC BUILDING

Shall mean a building which is owned and used by a governmental agency.

QUORUM

Shall mean the majority of the full authorized membership of a municipal agency.

RECHARGE

Shall mean the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.

RESIDENTIAL CLUSTER

Shall mean an area to be developed as a single entity, according to a plan, containing residential housing units which have a common or public open space area as an appurtenance.

RESUBDIVISION

Shall mean:

1. 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.

2. 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 conveyance so as to combine existing lots by deed or other instrument.

RIDING ACADEMY OR STABLE

Shall mean any establishment where horses are kept for riding, driving or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment.

ROOFTOP SOLAR ARRAY

Shall mean a solar energy system, as defined herein that is mounted to the roof of a building or structure.

RSIS

Shall mean New Jersey Residential Site Improvement Standards, N.J.A.C. 5:21-1 et seq.

SEDIMENT

Shall mean solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.

SETBACKS

Shall mean the required yard or distance between buildings and property lines.

SHOP, RETAIL

Shall mean a building or part thereof in which or from which a service is rendered directly to the ultimate consumer.

SIGN

Shall mean any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person when the same is placed out of doors in view of the general public or when of a permanent nature and placed within the window of a commercial or other structure so as to be visible to persons from the outside for the purpose aforesaid.

1. SIGN, AREA OF Shall mean the product of the largest horizontal width and the largest vertical height of the lettering, illustration, display or background. This shall not be construed to include the supporting members of any sign which are used solely for such purpose. If the letter, illustration, display or background are attached directly to the face of a building, the height or width of the sign shall be the height or width of the largest letter, illustration, display or background, whichever is the greater. For signs with two display faces, the maximum area requirements shall be permitted on each side.

2. SIGN, ERECTION OF Shall mean to build, construct, attach, place, suspend or affix a sign and shall also include the painting of wall signs and the painting of signs or displays on the exterior surface of a building or structure, and the changing of wording or any other material change in any sign shall be considered as the erection of a new sign. "Erection of a sign" shall not include repainting, repair or change in wording, of an existing sign so long as the size, shape or other structural element is not altered.

3. FLASHING SIGN Shall mean a sign lighted by any means, either internally or externally, by an intermittent source of illumination which blinks or flashes on and off.

4. FREESTANDING SIGN Shall mean any sign supported by uprights or braces placed upon or in the ground, not attached to any building, the display area of which is located above normal eye level.

5. GROUND SIGN Shall mean any sign supported by uprights or braces placed upon or in the ground, not attached to any building, the display area of which is located at or approximately at normal eye level.

6. ILLUMINATED SIGN Shall mean any sign which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes as part of the sign proper.

7. NEON SIGN Shall mean a sign consisting of tubes in which neon or a similar gas or gases are used as one of the ingredients to provide illumination.

8. ROTATING, REVOLVING OR MOVING SIGN Shall mean a sign, however or whether illuminated, which is so designed as to revolve, rotate or move in any way or manner or which any part of is designed to revolve or move in any way or manner.

9. WALL SIGN Shall mean a sign which is affixed parallel to or painted on an exterior wall of any building.

SINGLE OWNERSHIP

Shall mean ownership by one person or by two or more persons, whether jointly, as tenants by the entirety or as tenants in common, of a separate parcel of real property not adjacent to land in the same ownership.

SINGLE-FAMILY DWELLING:

See "Dwelling, single-famiyl detached or semi-detached."

SITE

Shall mean the lot or lots upon which a major development is to occur or has occurred.

SITE PLAN

Shall mean a development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices; and any other information that may be reasonably required in order to make an informed determination pursuant to this chapter.

SMALL WIND ENERGY SYSTEM

Shall mean a wind energy system, as defined herein that is used to generate electricity; and has a nameplate capacity of 100 kilowatts or less.

SOIL

Shall mean all unconsolidated mineral and organic material of any origin.

SOLAR ENERGY SYSTEM

Shall mean a solar energy system and all associated equipment which converts solar energy into a usable electrical energy, heats water or produces hot air or other similar function through the use of solar panels.

SOLAR PANELS

Shall mean a structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of a solar energy system.

SOLAR PRODUCTION SYSTEM

Shall mean a solar energy system, as defined herein that is used to generate electricity; and has a production capacity no greater than 10 megawatts.

STATE PLAN POLICY MAP

Is defined as the geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.

STEALTH TOWER STRUCTURE

Shall mean man-made trees, clock tower, bell steeples, light poles, and other similar alternative-design mounting structures that camouflage and/or conceal the presence of antennas or towers.

STORE, RETAIL

Shall mean a building or part thereof in which or from which merchandise is sold directly to the ultimate consumer.

STORMWATER

Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities.

STORMWATER MANAGEMENT BASIN

Shall mean an excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).

STORMWATER MANAGEMENT MEASURE

Shall mean any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal non-stormwater discharges into stormwater conveyances.

STORMWATER RUNOFF

Shall mean water flow on the surface of the ground or in storm sewers, resulting from precipitation.

STORY

Shall mean that portion of a building included between the surface of any floor and the surface of the next floor above it or, if there be no floor above it, the space between any floor and the ceiling next above it.

STORY, HALF

Shall mean a portion of a building situated above a story where the walls meet a sloping roof and having a minimum average height of five feet.

STREET

Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway, which is shown upon the plat heretofore approved pursuant to law, which is approved by official action as provided by this act or which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.

STREET LINE

Shall mean the right-of-way line of a street as indicated by public use, dedication or deed of record.

STRUCTURE

Shall mean any combination of materials forming any construction, the use of which requires location on the ground or attachment to something having location on the ground, including, among other things, display stands, platforms, and in-ground swimming pools. Provided, however, that the term "structure" shall include the term "building" except for the purpose of the maximum cumulative area of accessory buildings on a lot, with respect to which only buildings having walls and roofs shall be included in the calculation.

SUBDIVISION

Shall mean the division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created: divisions of land found by the Planning Board or Subdivision Committee thereof, appointed by the Chairman, to be for agricultural purposes where all resulting parcels are five acres or larger in size; divisions of property by testamentary or intestate provisions; division of property upon court order; and conveyances so as to combine existing lots by deed or other instrument. The term "subdivision" shall also include the term "resubdivision."

SUBDIVISION AND SITE PLAN COMMITTEE

Shall mean a committee of at least three Planning Board members appointed by the Chairman of the Board for the purpose of determining the completeness of applications for development, reviewing subdivisions and site plans and such other duties relating to land subdivision and site plans which may be conferred on this committee by the Board.

TOWER

Shall mean any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephones, radio and similar communications purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes, but is not limited to, radio and television transmission towers, microwave towers, common carrier towers and cellular telephone towers. The term also includes the structure and any support thereof.

TOWNHOUSE

See "Dwelling, townhouse."

VARIANCE

Shall mean permission to depart from the literal requirements of a zoning regulation.

WATERS OF THE STATE

Shall mean the ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

WETLANDS

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.

WIND ENERGY SYSTEM

Shall mean a wind turbine and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component necessary to fully utilize the wind generator.

WIND PRODUCTION SYSTEM

Shall mean a wind energy system, as defined herein that is used to generate electricity; and has a production capacity no greater than 10 megawatts.

WIND TURBINE

Shall mean equipment that converts energy from the wind into electricity. This term includes the rotor, blades and associated mechanical and electrical conversion components necessary to generate, store and/or transfer energy.

YARDS

Shall mean an open space, unoccupied except by a structure or use as specifically permitted by this chapter, measured from all points on the abutting street right-of-way line, side lot lines and rear line, respectively, to the foundation wall of the principal structure. All measurements are to be made at right angles to straight portions and to tangents of curved portions.

1. FRONT YARD Shall mean a yard situated between the principal structure and the street right-of-way line, extending across the full width of the lot.

2. SIDE YARD Shall mean a yard situated between the principal structure and a side line of the lot, extending between the front yard and the rear yard.

3. REAR YARD Shall mean a yard situated between the principal structure and the rear lot line, extending across the full width of the lot.

ZONING PERMIT

Shall mean a document signed by the Zoning Officer which is required by this chapter as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of the zoning regulations or variance therefrom duly authorized by the Planning Board or the Board of Adjustment.

b. Terms Not Defined and Word Usage.

1. Whenever a term is not defined in this chapter, it is intended to have the meaning set forth in N.J.S.A. 40:55D, if defined by that statute. In the event of conflict between the definition in this chapter and that contained in the statute, the definition in the statute shall apply.

2. 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"; and the term "such as," where used herein, shall be considered as introducing a typical or illustrative, rather than an entirely exclusive or inclusive, designation of permitted or prohibited uses, activities, establishments or structures. The words "zone" and "district" are synonymous.