The purpose of this chapter is to establish rules, regulations, standards and procedures for review of all development in order to:
A. 
Further the purposes set forth in the Municipal Land Use Law (Chapter 291, Laws of New Jersey 1975).[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B. 
Preserve existing natural resources and give proper consideration to the physical constraints of the land.
C. 
Provide for safe and efficient vehicular, bicycle and pedestrian circulation.
D. 
Provide for appropriate screening, landscaping, signing and lighting.
E. 
Ensure efficient, safe and aesthetic land development.
F. 
Provide for compliance with appropriate design standards to ensure adequate light and air, proper building arrangements and minimum adverse effect on surrounding property.
G. 
Develop proper safeguards to minimize any adverse impact on the environment.
H. 
Ensure the provision of adequate water supply and quality drainage and stormwater management, sanitary facilities and other utilities and services.
I. 
Provide for appropriate recreation, open space and public use areas.
J. 
Promote the public health, safety, convenience and general welfare of the Township and to carry out the objectives of the Municipal Land Use Law.
K. 
Ensure orderly growth and development, the conservation, protection and proper use of land and adequate provisions for circulation, utilities and services.
L. 
Ensure the conservation and environmental protection of all land, water and air resources within the jurisdiction of Raritan Township and throughout the region.
The provisions of this chapter shall be administered by the Township Planning Board and, where applicable, the Township Zoning Board of Adjustment in accordance with the Municipal Land Use Law, Chapter 291, P.L. 1975, N.J.S.A. 40:55D-1 et seq., as amended and supplemented.
[Amended by Ord. No. 01-9; Ord. No. 02-21; Ord. No. 02-47; Ord. No. 02-53; Ord. No. 02-54; Ord. No. 02-58; Ord. No. 04-22; Ord. No. 06-11; Ord. No. 06-31; Ord. No. 08-30; Ord. No. 10-7; Ord. No. 10-27; Ord. No. 11-3; Ord. No. 12-5; 3-20-2018 by Ord. No. 18-1]
Unless the context otherwise requires, the following definitions shall be used in the interpretation and construction of this chapter. The word "building" shall include the word "structure"; the word "used" shall include the words "arranged," "designed," "constructed," "altered," "converted," "rented," "leased" and "intended to be used"; and the word "abut" shall include the words "directly across from," "adjacent to" and "next to."
ABANDONMENT
The relinquishment of property, or a cessation of the use of the property, by the owner or lessee without any intention of transferring rights to the property to another owner or of resuming the use of the property.
[Added 6-5-2024 by Ord. No. 24-12]
ACCESSORY APARTMENT
A second dwelling unit on a single-family residential lot which is accessory to the principal single-family residence on the lot. The accessory apartment can be: attached to or constructed within a single-family residence; located on the same lot in an accessory building; or incorporated into an existing accessory building such as a detached garage. An accessory apartment may have an independent means of access or an access from within the single-family residence. Accessory apartments have a separate kitchen, sleeping and bathing areas from the principal single-family residence on the lot.
[Amended 6-5-2024 by Ord. No. 24-12]
ACCESSORY DWELLING UNIT
See "accessory apartment."
[Added 6-5-2024 by Ord. No. 24-12]
ACCESSORY USE, STRUCTURE OR BUILDING
A use, structure or building subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building. In the case of an accessory structure or building, it shall be detached from the principal building. All structures or buildings on nonresidential lots are considered principal structures on the lot and shall conform to requirements for principal structures.
ADDITION
[Added 6-5-2024 by Ord. No. 24-12]
A. 
A structure added to the original structure at some time after the completion of the original structure;
B. 
An extension or increase in floor area or height of a building or structure.
ADMINISTRATIVE OFFICE
An establishment primarily engaged in overall management and general supervisory functions, such as executive, personnel, finance, legal, and sales activities, performed in a single location or building or other branches or division of the same property.
[Added 6-5-2024 by Ord. No. 24-12]
ADMINISTRATIVE OFFICER
The Township Planner and/or Land Use Enforcement Officer.
ADVERTISING DISPLAY
See "sign."
AFFORDABLE HOUSING
Any housing unit with an acquisition price or rent level not exceeding the maximum resale or rent level for low- and moderate-income housing and as further defined in N.J.A.C. 5:93-1.1 et seq.[1]
AGENT
One or more persons designated to represent the applicant before the Planning Board.
AGRICULTURAL RESEARCH FACILITY
A use primarily concerned with the scientific study of farm animals and agricultural products, located in a farm environment, and where no products are manufactured or produced on the premises for sale.
AGRICULTURAL/HORTICULTURAL USE
See "farm."
ALTERATION
As applied to a building or structure, a change or rearrangement in the structural parts or in the existing facilities or an enlargement, whether by extension of a side or by increasing in height or by moving from one location or position to another.
ALTERED PARKING AREAS
Existing parking areas which are to be surfaced, resurfaced, redesigned, restriped to indicate a new layout, curbed, or redesigned to accommodate a new traffic pattern, and similar changes which require review by the Board.
ALTERED SPACE
The square footage of an existing building which will undergo a change or rearrangement in the structural parts or in the means of egress to the space, or where the use of the space will be more intensively utilized, such as the change from a storage area to an office, retail or manufacturing area, or from a residential to a nonresidential use.
ALTERNATE LIVING ARRANGEMENT
An arrangement in which households maintain private rooms yet share kitchen and bathroom facilities, central heat, and common areas. Alternate living arrangements include boarding homes, residential health care facilities, group homes for the developmentally disabled and mentally ill, and congregate living arrangements. See also "community residences for the developmentally disabled."
[Added 6-5-2024 by Ord. No. 24-12]
AMPHITHEATER
An open-air venue used for entertainment, performances, and sports.
[Added 6-5-2024 by Ord. No. 24-12]
ANIMAL HOSPITAL
A building or portion thereof designed or used for the care, examination or treatment of domestic animals.
APARTMENT
One of several individual dwelling units designed and erected as an integrated development in one or several buildings with singleness of use and operation and which utilizes such common facilities as pedestrian walks, parking and garage areas, open space or recreation areas, and utility and sanitary systems.
APPLICANT
The legal or beneficial owner or owners of land to be subdivided or developed. The holder of an option or contract to purchase with the written permission of the current property owner, or other person or persons having an enforceable proprietary interest in such land, may be considered to be an applicant for the purpose of this chapter. Such person may also be known as the "developer."
[Amended 6-5-2024 by Ord. No. 24-12]
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required by this chapter for approval of a site plan and/or subdivision.
APPROVED FORMS
Forms required and supplied by the Planning Board and Zoning Board of Adjustment to be submitted with an application for each submission.
APPROVED PLAN
A plan that has been granted final approval by the appropriate approving authority.
[Added 6-5-2024 by Ord. No. 24-12]
ASSISTED LIVING FACILITY
An institutional use that is a facility containing residences for the elderly that provides rooms, meals, personal care assistance and the supervision or administration of medications. The facility must be licensed by the New Jersey Department of Health, the New Jersey Department of Community Affairs, or another appropriate agency. A designated number of beds in the facility shall be restricted to low- and moderate-income households per Medicaid requirements. Assisted living facilities may include programs to meet the needs of residents with Alzheimer's disease or other dementia. Such programs shall provide individualized care based upon assessment of the cognitive and functional abilities of Alzheimer's and dementia residents who have been admitted to the program.
[Amended 11-18-2020 by Ord. No. 20-30; 6-5-2024 by Ord. No. 24-12]
AS-BUILT SURVEY
Accurate and precise land survey of post-construction site features and characteristics, including all buildings, structures, infrastructure, boundaries and features. As-built surveys shall have a raised seal and signature from a New Jersey licensed professional land surveyor.
[Added 6-5-2024 by Ord. No. 24-12]
ATTACHED DWELLING UNIT
A dwelling unit which is physically linked to one or more other dwelling units forming a single dwelling structure.
ATTIC
Part of the building that is immediately below and wholly or partly within the roof framing and which is not used as a living space.
[Added 6-5-2024 by Ord. No. 24-12]
AWNING
A roof-like cover that projects from the wall of a building for the purpose of shielding a doorway or window from the elements. Any signage located on an awning is considered wall signage, see § 296-163D(4).
[Added 6-5-2024 by Ord. No. 24-12]
AWNING (FIXED)
An awning constructed with a rigid frame that cannot be retracted, folded or collapsed.
[Added 6-5-2024 by Ord. No. 24-12]
AWNING (RETRACTABLE)
An awning that is temporary or is periodically retracted into the face of the building.
[Added 6-5-2024 by Ord. No. 24-12]
AUTOMOBILE WRECKING YARD
Any yard and/or structure used or intended to be used for the conducting and operating of the business of selling, buying, storing or trading in used or discarded metal, glass, paper, cordage, or any used or disabled fixtures, vehicles or equipment of any kind.
[Amended 11-18-2020 by Ord. No. 20-30[2]]
BANK
A retail service establishment which is a financial institution that is authorized to accept deposits and provide loans and financial services to the general public or members in the case of a credit union.
[Added 6-5-2024 by Ord. No. 24-12]
BASE FLOOD ELEVATION
See "flood elevation (100-year)."
[Added 6-5-2024 by Ord. No. 24-12]
BED-AND-BREAKFAST
Overnight accommodations and a morning meal in a dwelling unit (B&B) provided to transient occupants for compensation. Typical bed-and-breakfast stays are a week or less and do not include long-term stays over one month. See also "short-term rental."
[Added 6-5-2024 by Ord. No. 24-12]
BERM
A mound of earth or the act of pushing earth into a mound. Berms are typically two feet to six feet in height and are used to shield, screen and buffer undesirable views and to separate incompatible land uses. They also provide visual interest, decrease noise, control the direction of water flow, and act as dams.
[Added 6-5-2024 by Ord. No. 24-12]
BEST MANAGEMENT PRACTICES (BMP)
State-of-the-art technology as applied to a specific problem and including a schedule of activities, prohibited practices and maintenance procedures.
[Added 6-5-2024 by Ord. No. 24-12]
BILLBOARDS, SIGNBOARDS or ADVERTISING DEVICES
See "sign (street graphics)."
BIRDS
Those birds kept as indoor pets in cages, and shall specifically exclude chickens, roosters, ducks, geese and/or other fowl.
[Added 6-5-2024 by Ord. No. 24-12]
BLOCK
The area bounded by one or more streets or a municipal boundary, of sufficient size to accommodate a lot or lots of the minimum size required in Part 3, Zoning, of this chapter and as further specified herein.
BOARDER or ROOMER
A person who is not related to the head of the household and who pays for the privilege of boarding or rooming within the same residential unit as the head of household
[Amended 6-5-2024 by Ord. No. 24-12]
BUFFER STRIP
A strip of land providing a natural vegetation screen or a fence or other means so as to continually restrict a clear view beyond the buffer strip.
BUILDABLE AREA
The area of a lot remaining after the minimum yard and open space requirements of the Zoning Ordinance have been met and exclusive of additional constrained areas including but not limited to steep slopes, wetlands and buffers and flood hazard areas.
[Added 6-5-2024 by Ord. No. 24-12]
BUILDING
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
BUILDING ENVELOPE
The three-dimensional space within which as structure is permitted to be built on a lot; it is defined by maximum height regulations, minimum yard requirement, building coverage, lot coverage and other bulk standards of the zone.
[Added 6-5-2024 by Ord. No. 24-12]
BUILDING HEIGHT
The vertical distance measured from the mean level of the ground surrounding the building measured at fifteen-foot intervals within 15 feet of the foundation to a point midway between the highest and lowest points of the roof, but not including chimneys, spires, towers, elevator penthouses, tanks and similar projections.
[Amended 6-5-2024 by Ord. No. 24-12]
BUILDING LINE
A line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered section of the building, the vertical plane will coincide with the most projected surface. All yard requirements are measured to the building line.
BUILDING PERMIT
Written permission issued by the proper municipal authority for the construction, repair, alteration, or addition to a structure.
[Added 6-5-2024 by Ord. No. 24-12]
BUILDING, PRINCIPAL or PRINCIPAL BUILDING
A structure in which is conducted the principal use of the site on which it is situated. In any residential district, any dwelling shall be deemed to be a principal building on the zone lot on which it is located.
BUSINESS OFFICE
A building or portion thereof which is used for conducting the affairs of a business, service, industry or government and within which a product or merchandise for sale to the public is not offered. However, personal services, such as barbershops and beauty shops, and repair services, such as radio and television repair shops, are not to be included within the definition of "business office." A bank, trust company, savings and loan or similar establishment for the custody, loan, exchange or issue of money, for the extension of credit and for facilitating the transmission of funds is not to be included within the definition of "business office." See also "office."
[Amended 6-5-2024 by Ord. No. 24-12]
CAFE
A type of restaurant primarily serving coffee drinks and meals, sandwiches and/or desserts and which often includes an outdoor seating area and provides table service indoors and out.
[Added 6-5-2024 by Ord. No. 24-12]
CAFETERIA
A restaurant in which patrons wait on themselves, carrying their food from counter, where it is displayed or served, to their tables.
[Added 6-5-2024 by Ord. No. 24-12]
CALIPER
A standard measure of tree size for trees to be newly planted. The measurement is taken six inches above the ground for trees four inches in diameter or less and 12 inches above the ground for trees over four inches in diameter.
CAMP
A predominantly open space facility designed for outdoor recreational use by persons residing on the site for short periods in seasonal quarters.
CANOPY
A roof-like structure that functions as a shelter for a drive-through area (such as at a bank) or fuel pumps at gas stations.
[Added 6-5-2024 by Ord. No. 24-12]
CAR WASH
A structure containing facilities for washing automobiles and automatic or semiautomatic application of cleaner, brushers, rinse water, and heat for drying. Car wash establishments may perform polishing and provide detailing. Some car washes provide vacuum machines to allow owners to clean the interior of their vehicles.
[Added 6-5-2024 by Ord. No. 24-12]
CERTIFICATE OF OCCUPANCY
A certificate issued by the Construction Official upon completion of construction, alteration or change in occupancy of a building. Said certificate shall acknowledge compliance with all requirements of this chapter, such adjustments thereto granted by the Zoning Board of Adjustment and/or all other applicable requirements. See also "certificate of occupancy, permanent."
[Amended 6-5-2024 by Ord. No. 24-12]
CERTIFICATE OF OCCUPANCY, PERMANENT
A certificate issued by the Construction Official upon completion of construction, alteration or change in occupancy of a building. Said certificate shall acknowledge compliance with all requirements of this title, such adjustments thereto granted by the Board of Adjustment and/or all other applicable requirements. See § 296-79.
[Added 6-5-2024 by Ord. No. 24-12]
CERTIFICATE OF OCCUPANCY, TEMPORARY
A temporary certificate granted for a specified period of time, not exceeding one year, issued by the Construction Official upon partial completion of construction, alteration or change in occupancy of a building. A temporary certificate of occupancy shall not be issued by the Construction Official until the Land Use Enforcement Officer has issued a certificate of development compliance setting forth the Planning Board's conditions associated with the granting of the temporary certificate of occupancy. See § 296-78.
[Added 6-5-2024 by Ord. No. 24-12]
CERTIFICATION
A written endorsement of a plan for soil erosion and sediment control by the Hunterdon County Soil Conservation District which indicates that the plan meets the standards promulgated by the State Soil Conservation Committee as set forth in the latest Standards for Soil Erosion and Sediment Control in New Jersey.
[Amended 6-5-2024 by Ord. No. 24-12]
CHANGE OF USE
Any change of use of all or a portion of a building, structure or land that substantially differs from the previous use.
[Amended 6-5-2024 by Ord. No. 24-12]
CHANNEL
A watercourse with a definite bed and banks which confine and conduct continuously or intermittently flowing water.
CHILD-CARE CENTER
Any facility which is maintained for the care, development or supervision of six or more children under 13 years of age who attend the facility for less than 24 hours a day and which is subject to state licensure or life-safety approval pursuant to the provisions of the Child Care Center Licensing Act, P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 to 30:5B-15). Pursuant to N.J.S.A. 40:55D-66.6, child-care centers upon state licensure shall be permitted uses in all nonresidential districts and excluded from parking and density requirements.
[Amended 11-18-2020 by Ord. No. 20-30; 6-5-2024 by Ord. No. 24-12]
CHICKEN
Domesticated chickens, ducks, peahens, and the like, excluding roosters and male chickens of any age. Chickens are not considered "household pets" or "birds" as defined in this chapter. See also "poultry" and "fowl."
[Added 6-5-2024 by Ord. No. 24-12]
CHURCH
An institutional use that includes a building or group of buildings, designed or intended for public worship. For the purpose of this title, the word "church" shall include chapels, congregations, cathedrals, temples, mosques or similar designations, as well as parish houses, convents and such accessory uses. Also known as a house of worship.
[Amended 6-5-2024 by Ord. No. 24-12]
CIRCULATION
Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses and other storage building or transshipment points.
CIVIC USE
A use of a building, structure or lot by a federal, state, or municipal agency, or its duly appointed agent, including public works, yards, parks and recreational facilities, educational facilities, public hospitals, public museums, public libraries, public community centers, theaters, public stadiums and arenas.
[Amended 6-5-2024 by Ord. No. 24-12]
CLEAR-CUTTING
The removal of all standing trees on a lot or a portion of a lot.
CLUB, LODGE and FRATERNAL ORGANIZATION
A social or service organization not organized or conducted for profit and which is not an adjunct to or operated by or in conjunction with a public tavern, cafe or other place of business.
CLUSTER RESIDENTIAL DEVELOPMENT
A residential development of detached dwelling units planned as a single entity in accordance with the provisions of this chapter and which has common or public open space as an appurtenance.
COAH
The New Jersey Council on Affordable Housing.
COMMERCIAL DISTRIBUTION OF FUELS
Storage of refinery products for distribution or resale.
COMMERCIAL GREENHOUSE
The raising of plants within a greenhouse for income, but not including retail sales from within the greenhouse unless the greenhouse is located in a business zone where such sales are permitted.
COMMERCIAL VEHICLE
Any vehicle licensed by the state as a commercial vehicle. See § 296-139F, Parking of commercial vehicles in residential zones.[3]
[Amended 6-5-2024 by Ord. No. 24-12]
COMMUNITY FOREST
Forest resources owned and managed by a public entity. In the Township, this includes trees and forests on municipal properties such as the municipal buildings and facilities, parks and open space owned in part or in whole by the Township.
COMMUNITY RESIDENCES FOR THE DEVELOPMENTALLY DISABLED (CRDD) (see also "Alternative Living Arrangement or Group Home")
Residential facilities, as defined in N.J.S.A. 40:55D-66.2, licensed by the state, providing food, shelter, and personal guidance, with supervision, to developmentally disabled or mentally ill persons who require assistance, temporarily or permanently, in order to live in the community. CRDDs include group homes, halfway houses, intermediate care facilities, and supervised apartment living arrangements.
[Added 6-5-2024 by Ord. No. 24-12]
COMPLETE APPLICATION
A. 
An application form completed as specified by this chapter and the rules and regulations of the Planning Board and all accompanying documents required by this chapter for approval of an application. However, if the application is found incomplete, the developer shall be notified, in writing, of the deficiencies within 45 days of the submission of such application, or it shall be deemed properly submitted.
B. 
The Planning Board may require such additional information, not specified by this chapter, or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for the approval of the application have been met. The application shall not be deemed incomplete for the lack of any such additional information or any revisions in the accompanying documents so required by the Board. An application shall be certified as complete immediately upon the meeting of all requirements specified in this chapter and in the rules and regulations of the Planning Board and shall be deemed complete as of the day it is so certified by the administrative officer for purposes of the commencement of the time period for action by the Planning Board.
CONDITIONAL USE
A use permitted in a particular zoning district only upon a showing that such a use in a specified location will comply with the conditions and standards for the location or operation of such as contained in Part 3, Zoning, of this chapter and upon the issuance of authorization therefor by the Planning Board.
CONDOMINIUM
A legal arrangement providing for individual ownership of a portion of a building and/or land parcel, and including arrangements for the maintenance responsibilities of such building and/or land parcel.
CONSERVATION EASEMENT
A voluntary, legal agreement that permanently limits uses of the land in order to protect its conservation values.
[Added 6-5-2024 by Ord. No. 24-12]
CONSTRUCTION OFFICIAL
The municipal official specified in the Building Code and designated as such by the Township Committee.[4]
CONSTRUCTION PERMIT
An authorization to build issued by the Township Construction Official after a determination that all applicable Township requirements have been met.
COTTAGE FOOD OPERATOR
Has the same meaning as set forth in N.J.A.C. 8:24-1.5.
[Added 9-6-2022 by Ord. No. 22-18]
COTTAGE FOOD PRODUCT
Has the same meaning as set forth in N.J.A.C. 8:24-1.5.
[Added 9-6-2022 by Ord. No. 22-18]
COUNTRY CLUB
A public or private recreational facility, usually restricted to members and their guests, which generally includes a clubhouse, dining and eating establishments, and recreational facilities such as golf course(s), tennis courts, and swimming pools.
[Added 6-5-2024 by Ord. No. 24-12]
COVENANT
A restriction on the use of land usually set forth in the deed.
[Added 6-5-2024 by Ord. No. 24-12]
CRITICAL ROOT RADIUS (CRR)
The zone around the base of a tree where the majority of the root system is found. This zone is calculated by multiplying the diameter at breast height (DBH) of the tree by 1.5 feet. For example: a tree with a six-inch DBH would have a CRR = 6 inches x 1.5 feet = 9 feet.
[Added 6-5-2024 by Ord. No. 24-12]
CUL-DE-SAC or DEAD-END STREET
A minor street or a portion of a minor street in which accessibility is limited to only one single means of ingress and egress.
CULTURAL FACILITY
Retail service establishments located in publicly accessible buildings and structures that are used primarily for the performance, exhibition or benefit of arts and heritage activities, including, but not limited to, performing arts, visual arts, museums and galleries.
[Added 6-5-2024 by Ord. No. 24-12]
CURB
A stone, concrete, or other improved boundary marking the edge of the roadway or paved area. Belgian block curb is standard for the Township.
[Added 6-5-2024 by Ord. No. 24-12]
CURB CUT
The opening along the curbline at which point vehicles may enter or leave the roadway.
[Added 6-5-2024 by Ord. No. 24-12]
CURB RETURN
The connecting link between the street curb and the ramp or driveway curb.
[Added 6-5-2024 by Ord. No. 24-12]
CURB, MOUNTABLE
A low curb with a slope designed to be crossed easily.
[Added 6-5-2024 by Ord. No. 24-12]
CUT
A portion of land surface of an area from which earth has been removed or shall be removed by excavation; the depth below original ground surface to excavated surface.
DAYS
Calendar days, including weekends and holidays.
DECK
A platform, either freestanding or attached to a building, that is supported by pillars or posts. May be roofed or unroofed, provided there are no walls.
[Added 6-5-2024 by Ord. No. 24-12]
DEED
A legal document conveying ownership of real property.
[Added 6-5-2024 by Ord. No. 24-12]
DENSITY
The number of families, individuals, dwelling units, households, or housing structures per area of land to be developed.
[Added 6-5-2024 by Ord. No. 24-12]
DEP
The State Department of Environmental Protection. Also referred to as "Department" in DEP regulations.
[Added 6-5-2024 by Ord. No. 24-12]
DEPARTMENT
The State Department of Environmental Protection.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the owner of an option or contract to purchase or other person having an enforceable interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or 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 by the Township.
DEVELOPMENT FEES
Money paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted by COAH rules.
DIAMETER AT BREAST HEIGHT
The diameter of a tree measured 4 1/2 feet (forestry method) above the ground level on the downhill side for existing trees. Diameter at breast height may appear as the abbreviation "dbh" (diameter at breast height).
DISTRICT or ZONE
Any portion of the territory of the Township of Raritan within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.
DISTURBANCE
Any activity involving the clearing, excavating, storing, grading, filling or transporting of soil or any other activity which causes soil to be exposed to the danger of erosion.
DIVERSION
A channel, with or without a supporting ridge on the lower side, constructed across or at the bottom of a slope.
DRAINAGE
The removal of surface water or groundwater from land by drains, grading or other means, and includes control of runoff to minimize erosion sedimentation during and after construction or development, and means necessary for water supply preservation or prevention or alleviation of flooding.
DRIPLINE
A limiting line established by a series of perpendicular drop points marking the maximum radius of the crown of an existing tree, but not less than six feet from the trunk, whichever is greater, and within which no construction or disturbance shall occur.
DRIVEWAY
A private roadway providing access to a street or highway.
[Added 6-5-2024 by Ord. No. 24-12]
DRY WELL
A covered pit or underground structure through which water is piped or directed from roofs, basement floors, other impervious surfaces, swales, or pipes to seep or percolate into the surrounding soil.
[Added 6-5-2024 by Ord. No. 24-12]
DWELLING
Any building or portion thereof designed or used primarily as the residence or sleeping place of one or more persons. A dwelling is not a mobile home, hotel, motel, hospital, nursing home, dormitory, fraternity or sorority house, rooming house, boardinghouse, or similar structure under the terms of this chapter.
DWELLING UNIT
One or more rooms, including cooking facilities, in a structure designed as a unit for occupancy by not more than one family for living and sleeping purposes.
DWELLING, DUPLEX or DUPLEX DWELLING (see also "Accessory Dwelling")
A building on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling to floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units. Duplex dwelling units are substantially similar in size such that one dwelling is not accessory to the other.
[Added 6-5-2024 by Ord. No. 24-12]
DWELLING, QUADRUPLEX or QUADRUPLEX DWELLING
Four attached dwellings in one building in which each unit has two open space exposures and shares one or two walls with an adjoining unit or units or shares a common garage wall with an adjoining unit.
DWELLING, SINGLE-FAMILY or SINGLE-FAMILY DWELLING
A detached building or dwelling unit designed for or occupied exclusively by one or more persons living as a single, nonprofit housekeeping unit.
DWELLING, SINGLE-FAMILY SEMIDETACHED or SEMIDETACHED SINGLE-FAMILY DWELLING
A single-family dwelling attached to another single-family dwelling by a common vertical wall, with each dwelling located on a separate lot.
[Amended 11-18-2020 by Ord. No. 20-30]
EASEMENT
A grant of one or more property rights by the property owner to and/or for use by the public, a corporation, utility, government or another person or entity.
[Added 6-5-2024 by Ord. No. 24-12]
ECHO UNIT or ELDER COTTAGE HOUSING OPPORTUNITY UNIT
A separate living quarters, accessory to a primary residence on the premises, not exceeding 750 square feet of gross floor area, for the use of and occupancy by not more than two persons who are relatives by blood, marriage or adoption of an owner/occupant of the primary residence on the premises. One of the ECHO unit occupants shall be 60 years of age or older.
ELEVATION
[Added 6-5-2024 by Ord. No. 24-12]
A. 
A vertical distance above or below a fixed reference level;
B. 
A fully dimensioned drawing of the front, rear, or side of a building showing features such as windows, doors, and relation of grade to floor level.
ELIGIBLE FACILITIES REQUEST
A request for modification of an existing wireless tower or base station that does not constitute a substantial change (as defined herein) and involves co-location of new transmission equipment, removal of transmission equipment, or replacement of transmission equipment.
[Added 5-21-2019 by Ord. No. 19-08]
EMBANKMENT
A man-made deposit of soil, rock or other materials.
ENCROACHMENT
Any obstruction within a delineated floodway.
ENVIRONMENTAL COMMISSION
The Raritan Township Environmental Commission.
ENVIRONMENTAL IMPACT STATEMENT
A statement of the effect of proposed development and/or other major private or governmental actions on the environment.
[Added 6-5-2024 by Ord. No. 24-12]
ENVIRONMENTALLY SENSITIVE AREA
The natural resources of an area that are important to its ecology, including natural habitats, steep slopes, wetlands, tree canopies, and endangered plants or animal species.
[Added 6-5-2024 by Ord. No. 24-12]
EQUALIZED ASSESSED VALUE
The value of a property determined by the Municipal Tax Assessor through a process designed to ensure that all property in the municipality is assessed at the same assessment ratio or ratios required by law. Estimates at the time of building permit may be obtained by the Tax Assessor utilizing estimates for construction cost. Final equalized assessed value will be determined at project completion by the Municipal Tax Assessor.
EROSION
The detachment and movement of soil or rock fragments or the wearing away of the land surface by water, wind, ice and gravity.
[Amended 6-5-2024 by Ord. No. 24-12]
EROSION CONTROL PLAN
A plan designed to minimize erosion, ensure proper waste disposal, and protect trees on a building site in compliance with the New Jersey Soil Erosion and Sediment Control Act.
[Added 6-5-2024 by Ord. No. 24-12]
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, including electric substations, telephone dial center, towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies, or for the public health or safety or general welfare. "Essential services" shall include firehouses and first aid and emergency aid squads, whether provided by a municipal or nonprofit agency.
ESCROW
A deed, bond, cash, or other security delivered to a third person or agency and delivered by the third person to the grantee only upon fulfillment of a condition.
[Added 6-5-2024 by Ord. No. 24-12]
ESTABLISHMENT
An economic unit where business is conducted or services or industrial operations are performed.
[Added 6-5-2024 by Ord. No. 24-12]
EXCAVATION
See "cut."
EXISTING GRADE
The vertical location of the ground surface prior to cutting or filling.
FACADE
The exterior walls of a building exposed to public view or that wall viewed by persons not within the building.
[Added 6-5-2024 by Ord. No. 24-12]
FAIR SHARE PLAN
A plan or proposal by which a municipality would satisfy its obligation to create a realistic opportunity to meet its fair share of low- and moderate-income housing needs of its region and which details the affirmative measures the municipality proposes to undertake to achieve its fair share of low- and moderate-income housing.
[Added 6-5-2024 by Ord. No. 24-12]
FAMILY
One or more persons occupying a dwelling unit as a single nonprofit housekeeping unit, who are living together as a bona fide, stable and committed living unit, being a traditional family unit or the functional equivalent thereof, exhibiting the generic character of a traditional family.
[Amended 11-18-2020 by Ord. No. 20-30]
FAMILY DAY-CARE HOME
A 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 (N.J.S.A. 30:5B-16 et seq.)" Pursuant to N.J.S.A. 40:55D-55.5b, family day-care homes are permitted uses in all residential districts in a municipality.
[Added 6-5-2024 by Ord. No. 24-12]
FARM
A parcel or parcels of land comprised of or in aggregate total of five or more acres, exclusive of a minimum of one acre used for a dwelling and any additional area covered by municipal, county or state roads. Said five or more acres shall be devoted to the production either for sale or consumption by the owner of plants and animals generally accepted as useful to man, including but not limited to forages and sod crops; grains and feed crops; dairy animals and products; poultry and poultry products; livestock, including beef cattle, sheep, horses, ponies, mules, hogs, dairy cattle or goats, including the breeding and grazing of any and all such animals; bees and apiary products; fur-bearing animals; and trees and forest products, including the processing and sale of these products on the property where produced. Land shall be deemed a farm when devoted to the production of fruits of all kinds, including grapes, nuts and berries; vegetables; and nursery, floral, ornamental and greenhouse products, including the processing of these products on the property where produced. See also "right to farm."
[Amended 11-18-2020 by Ord. No. 20-30; 6-5-2024 by Ord. No. 24-12]
FARM PRODUCT SALES
The sale of seasonal products raised on the premises only and which may be sold from a table or other similar portable display.
FARM STAND
A structure designed for the display and sale of seasonal farm produce, 50% of which is raised on the premises and/or other farm parcel owned or cultivated by the farm stand operator. Such use shall require a conditional use permit.
FARM STRUCTURE
Any structure on agricultural land designed, constructed, and used to house farm implements, livestock, or agricultural produce or livestock grown or raised on the premises. All farm structures shall be considered accessory structures, whether or not a principal structure exists on the same lot.
[Amended 6-5-2024 by Ord. No. 24-12]
FARMERS' MARKET
The seasonal selling or offering for sale at retail of vegetables or produce, flowers, or orchard products, occurring in a predesignated area, where the vendors are individuals who have raised the vegetables or produce or have taken the same on consignment for retail sale.
FAST-FOOD RESTAURANT
A retail food service operation in which a limited or specialized list of quickly prepared or preprepared food items is offered for on-premises and off-premises consumption, or where a drive-up window exists for ordering food items, or where vehicle food service or consumption of food within a vehicle exists on the premises.
FENCE
An artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials. Height measurements for fences include the height of the post used to secure the fence material.
[Amended 6-5-2024 by Ord. No. 24-12]
FILL
Sand, gravel, earth or other materials of any composition whatsoever placed or deposited by any person.
FINAL APPROVAL
The official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed.
FINISHED GRADE
The final elevation of the ground surface conforming to the proposed design.
FIXTURE
The assembly that holds the lamp (bulb) in a lighting system. It includes the elements designed to give light output control, such as a reflector (mirror) or refractor (lens), the ballast, housing, and the attachment parts.
FLEX SPACE
A combination of warehouse storage and office space developed for sale or lease to individual tenants where each tenant occupies a combination warehouse and office space. Flex spaces are typically developed with several spaces in one structure and are often used by trade industries such as plumbers, electricians, contractors and similar uses that require truck and equipment storage with an associated office space. The warehouse portion of the use could also include some light manufacturing such as cabinet making, assembly of products and similar production uses.
[Added 6-5-2024 by Ord. No. 24-12]
FLOOD ELEVATION (100-YEAR)
Elevation of flooding having a 1% chance of being equaled or exceeded in a given year, which is also referred to as the base flood elevation.
[Added 6-5-2024 by Ord. No. 24-12]
FLOOD ELEVATION (500-YEAR)
Elevation of flooding have a 0.2% chance of being equaled or exceeded in a given year.
[Added 6-5-2024 by Ord. No. 24-12]
FLOOD HAZARD AREA
As defined by the Flood Hazard Area Control Act Rules set forth at N.J.A.C. 7:13, is the land, and the space above that land, which lies below the Flood Hazard Area Control Act design flood elevation. The flood hazard area design flood elevation is a flood equal to the 100-year flood plus an additional amount of water in fluvial areas to account for possible future increases in flows due to development or other factors. This additional amount of water also provides a factor of safety in cases when the 100-year flood is exceeded. Structures, fill, and vegetation that are situated on land that lies below the flood hazard area design flood elevation are described as being "in" or "within" the flood hazard area.
[Added 6-5-2024 by Ord. No. 24-12]
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Emergency Management Agency (FEMA) has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.
FLOODLIGHT
A luminaire or bulb which projects light in a specific direction in a wide beam, typically 100° or more.[5]
FLOOR AREA RATIO
The quotient achieved by dividing the gross floor area by the net area of the lot. 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 center line of a common wall separating two buildings, but excluding any space with a floor-to-ceiling height of less than seven feet. See also "gross floor area."
[Amended 6-5-2024 by Ord. No. 24-12]
FLY ASH
Particles of gas-borne matter, not including process material, arising from the combustion of solid fuel, such as coal or wood.
FOOD TRUCK
Also known as a mobile retail food establishment, is a vehicle in which food or beverages are transported, stored, or prepared for retail sale at temporary locations.
[Added 6-5-2024 by Ord. No. 24-12]
FOOTCANDLE (fc)
A unit of illuminance on a surface one foot square in area onto which there is a uniform flux of one lumen.
FOOTLAMBERT (fl)
A unit of luminance of a surface reflecting or emitting light at the rate of one lumen per square foot. The average luminance of any reflecting surface in footlamberts is the product of the illuminance in footcandles striking the surface times the reflectance of the surface.
FOWL
Domesticated chickens, ducks, peahens, and the like, excluding roosters and male chickens of any age. Fowl are not considered "household pets" or "birds" as defined in this chapter. See also "poultry" and "chickens."
[Added 6-5-2024 by Ord. No. 24-12]
FULL-CUTOFF (fco)
A light fixture which cuts off all upward transmission of light.
FULLY SHIELDED
A fixture with housing or attachment thereto which prevents a line of sight to the bulb when viewed from another property and which prevents a line of sight to any part of the light source at or above a horizontal plane running through the lowest portion of the fixture.
FUNERAL HOME
A building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation. Funeral homes may include incidental sales of burial supplies.
[Added 6-5-2024 by Ord. No. 24-12]
GARAGE, PRIVATE or PRIVATE GARAGE
A detached or attached structure used only for the storage of vehicles owned or rented by the occupant of the principal structure or his or her family, accessory residential uses, not for human habitation and does not include used car sales. Attached is ok as part of the house, detached is nonhabitation for storage and accessory/no bathrooms.
[Amended 6-5-2024 by Ord. No. 24-12]
GARAGE, PUBLIC or PUBLIC GARAGE
Any garage other than a private garage which is open to the public and used for the storage of motor vehicles.
GARAGE, PUBLIC SERVICE OR REPAIR
Any building, land area, or other premises, or portion thereof, used for the servicing and repair of automobiles, including as an accessory use the sale and installation of lubricants, tires, batteries, and similar vehicle accessories.
[Added 6-5-2024 by Ord. No. 24-12]
GASOLINE FILLING STATION
Any building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels.
[Added 6-5-2024 by Ord. No. 24-12]
GASOLINE FILLING STATION AND PUBLIC AND REPAIR GARAGE
Any building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels; servicing and repair of automobiles; and including as an accessory use for the sale and installation of lubricants, tires, batteries, and vehicle repairs. Car wash facilities are included in this definition as accessory uses.
[Amended 6-5-2024 by Ord. No. 24-12]
GASOLINE FILLING STATION WITH CONVENIENCE STORE
A retail establishment of up to 5,000 square feet selling primarily food products, household items, newspapers and magazines, candy, and beverages, and a limited amount of freshly prepared foods such as sandwiches and salads for off-premises consumption. A convenience store shall be permitted on the same lot as a gasoline station so customers can purchase goods while filling their vehicle with fuel.
[Added 6-5-2024 by Ord. No. 24-12]
GEOGRAPHIC INFORMATION SYSTEM (GIS)
A computer generated mapping system for collecting, storing and analyzing and integrating information about physical and man-made features on maps.
[Added 6-5-2024 by Ord. No. 24-12]
GLARE
The discomfort experienced by an observer with a direct line of sight to a light source which often results in annoyance, discomfort or loss of visual performance causing visual impairment.
GOLF COURSE
A tract of land laid out for at least nine holes for playing the game of golf that may include a clubhouse, dining and snack bars, pro shop, and practice facilities.
[Added 6-5-2024 by Ord. No. 24-12]
GRADE
[Added 6-5-2024 by Ord. No. 24-12]
A. 
The average elevation of the land around a building;
B. 
The percent of rise or descent of a sloping surface.
GRADING
Any stripping, cutting, filling, stockpiling, or any combination thereof, and shall include the land in its cut or filled condition.
GRADING PERMIT
A permit issued by the Township Engineer to authorize work to be performed under this chapter in situations not requiring subdivision approval or site plan approval.
GRASSED WATERWAY
A natural or constructed path, usually broad and shallow, covered with erosion-resistant grasses, used to conduct surface water from a field diversion or other feature.
GROSS FLOOR AREA
The sum of the gross horizontal area of the several stories of a building. Floor area shall not include cellar space or any floor space where the average floor-to-ceiling height is less than seven feet.
GREEN TEAM
The Raritan Township Green Team, authorized and appointed by the Township Committee created in accordance with Sustainable Jersey, provides the leadership to develop plans, implement programs and assist with educational opportunities that support the creation of a sustainable community.
[Added 6-5-2024 by Ord. No. 24-12]
GROUP HOME
A community residence for the developmentally disabled or a shelter for victims of domestic violence, as defined by N.J.S.A. 40:55D-66.2, housing more than six persons, excluding staff.
GYMS or FITNESS CENTERS
A retail service establishment in an enclosed structure that provides facilities for aerobic exercises, exercise classes, exercise equipment, game courts, swimming facilities and/or saunas, showers, massage rooms and lockers. Accessory uses may include eating facilities and shops selling a variety of sporting equipment and clothing.
[Added 6-5-2024 by Ord. No. 24-12]
HARD SURFACE
Those surfaces which do not absorb water, including pervious and porous pavements. All structures, surfaced parking areas, streets, driveways, sidewalks, and any areas in concrete, asphalt and packed stone shall be considered "hard surface" within this definition.
[Amended 6-5-2024 by Ord. No. 24-12]
HAZARDOUS MATERIAL
Includes, but is not limited to, inorganic mineral acids of sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous, selenium, and arsenic and their common salts; lead, nickel and mercury and their inorganic salts or metallo-organic derivatives; petroleum products and radioactive material; and coal tar acids, such as phenols and creosols, and their salts.
HEALTH DEPARTMENT
Hunterdon County Health Department (designated).
[Added 6-5-2024 by Ord. No. 24-12]
HEIGHT
See "building height."
[Added 6-5-2024 by Ord. No. 24-12]
HELISTOP
An area that is used for the landing and takeoff of helicopters, but without any auxiliary facilities such as helicopter parking areas, waiting rooms, fueling or maintenance equipment.
[Added 6-5-2024 by Ord. No. 24-12]
HISTORIC SITE
A structure, place, natural object, or configuration, or portion thereof, of historical, archeological, cultural, or architectural significance and designated as such by federal, state, county or municipal government.
[Added 6-5-2024 by Ord. No. 24-12]
HOBBY
A hobby is considered to be a regular activity that is done for enjoyment, typically during one's leisure time. Hobbies include collecting themed items and objects, engaging in creative and artistic pursuits, playing sports, or pursuing other amusements.
[Added 6-5-2024 by Ord. No. 24-12]
HOME BACKUP POWER GENERATOR
An electrical generation unit which is installed outside of a home and is designed to act as a source of backup power during temporary electrical outages.
[Added 3-5-2019 by Ord. No. 19-01]
HOME BUSINESS
Is a permitted conditional use in a commercial zone including a single business conducted from a portion of an existing single-family dwelling or from another building on property on which there is an existing single-family dwelling. Home businesses shall be limited to retail specialty shops and activities; artisans' workshops and offices and shops, including antique, gift, book, bakery, bicycle and candy sales; galleries; photography and art studios; coin, stamp and beauty shops; cabinet making; tutoring; tailoring; professional occupations; shoe repairing; private and nursery schools; dog care; barbershops; caterers; hobby shops; fruit and vegetable markets; florists; real estate agencies; and insurance brokers.
[Amended 6-5-2024 by Ord. No. 24-12]
HOME OCCUPATION
A business, business activity, profession, occupation, or trade activity that is conducted by one or more occupants of a dwelling, as an accessory use to the residential use of the dwelling, for economic gain. There are three categories of home occupations:
[Amended 6-5-2024 by Ord. No. 24-12]
A. 
CATEGORY A HOME OCCUPATIONA home occupation that is knowledge-based and includes paid endeavors that leverage consumer-based information and communication technology to sell products or deliver services. A Category A home occupation does not involve making or storing of any products or goods for sale and does not involve any nonresident employees or customers coming to the home.
B. 
CATEGORY B HOME OCCUPATIONA home occupation that includes but is not limited to the office of a physician, dentist, lawyer, optometrist, architect, engineer, planner, artist, accountant, real estate or insurance agent, or similar profession, where clients or patients visit the premises on which the home occupation is located. This includes one-on-one in-person professional and services and craft production or low-volume sales of small goods that require limited storage space and deliveries.
C. 
CATEGORY C HOME OCCUPATIONSAll other home occupations that do not meet the definitions of Category A or Category B home occupations but still meet the definition of home occupation.
HOME OFFICE
An area of a residence not exceeding 200 square feet and used by an occupant of such residence for office or studio purposes only, provided that there is no exterior indication of such office or studio use, and provided that such use does not require parking, deliveries or other external traffic other than that normally required by the residential use. This definition includes the tutoring of not more than five children and the traffic associated therewith.
HOMEOWNERS' ASSOCIATION
An incorporated nonprofit organization operating in a development under recorded land agreements, through which each lot owner shall be a member and each dwelling unit is subjected to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the Township, and each owner and tenant has a right to use the common property.
HORIZONTAL (OR VERTICAL) FOOTCANDLES
The amount of light striking a vertical or horizontal plane.
HOSPITAL
Any building containing beds for four or more patients and used for the diagnosis, treatment or other care of human ailments and staffed by licensed physicians.
HOTEL
A facility offering transient lodging accommodations, with no provision for cooking in any individual room or suite, to the general public and providing additional services such as restaurants, meeting rooms, and recreational facilities.
HOUSEHOLD PET
See "pets, household."
[Added 6-5-2024 by Ord. No. 24-12]
HOUSE OF WORSHIP
See "Church."
[Added 6-5-2024 by Ord. No. 24-12]
HOUSING ELEMENT
The portion of the Master Plan consisting of reports, statements, proposals, maps, diagrams, and text design to meet the municipality's fair share of its region's present and prospective housing needs, particularly with regard to low- and moderate-income housing.
[Added 6-5-2024 by Ord. No. 24-12]
IESNA
The Illuminating Engineering Society of North America, an organization that recommends standards for the lighting industry.
IN-LAW SUITE
See "accessory apartment."
[Added 6-5-2024 by Ord. No. 24-12]
INCLUSIONARY DEVELOPMENT
A development containing low- and moderate-income units. This term includes, but is not necessarily limited to, new construction, conversion of a nonresidential structure to a residential structure, and the creation of new low- and moderate-income units through the substantial rehabilitation of a vacant residential structure.
INCLUSIONARY ZONING
Development regulations governing the use and development of land for low- and moderate-income units.[6]
INCUBATOR SPACE
A professional office use that is flexibly designed to accommodate small businesses that require office space. The space can be shared by multiple entities that share services such as a centralized reception desk, conference room(s), break room(s), restrooms, etc.
[Added 6-5-2024 by Ord. No. 24-12]
INDUSTRIAL PARK
A tract of land that is planned, developed, and operated as a coordinated and integrated facility for a number of separate industrial uses, with consideration for circulation, parking, signage, utility needs, aesthetics, and compatibility.
[Added 6-5-2024 by Ord. No. 24-12]
INHERENTLY BENEFICIAL USE
A use which is universally considered of value to the community because it fundamentally serves the public good and promotes the general welfare. Such uses include, but are not limited to, a hospital, school, child-care center, group home, or a wind, solar or photovoltaic energy facility or structure.
[Added 6-5-2024 by Ord. No. 24-12]
INSTITUTIONAL USE
A nonprofit or quasi-public use, such as a church, school, library or hospital, or a municipally owned or operated building, structure or land used for public or quasi-public purpose.
[Added 6-5-2024 by Ord. No. 24-12]
INSTRUCTIONAL USES
Retail service establishments for the teaching and practice of dance, drama, art, language, martial arts, music, aerobics, sports, fitness, photography and the like. These uses may, from time to time, hold group events such as birthday parties.
[Added 6-5-2024 by Ord. No. 24-12]
INTERESTED PARTY
A. 
In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and
B. 
In the case of a civil proceeding in any court or in an administrative proceeding before a Municipal Agency, any person, whether residing within or without the Township, whose right to use, acquire or enjoy property is or may be affected by any action taken under the provisions of 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.
INVASIVE SPECIES
The specific species which are not native to New Jersey and have been recognized to overwhelm species native to the area.
ISOLATED LOT
An undeveloped substandard lot in separate ownership from surrounding property and not meeting area or bulk requirements for the zone in which it is located.
[Added 6-5-2024 by Ord. No. 24-12]
JUNKYARD
A yard, building, covered space or space kept, maintained or existing for the purpose of buying or selling, exchanging or storing of rags, old metals, old bottles and glassware, old paper, old plumbing fixtures, salvaged items, debris, dismantled vehicles or parts thereof, unlicensed vehicles, and any other old material, commonly called "junk," and including dismantling operations of the above materials and items. A junkyard shall not include the storage of old material to be used by the person or firm storing the same for permitted on-site manufacturing purposes.
KENNEL, COMMERCIAL or COMMERCIAL KENNEL
An establishment, the principal function of which is the sale of dogs or services related to dogs. It shall include an establishment for the boarding, trimming, grooming, training and/or breeding of dogs for which a fee is charged. Kennels may also include pet day care.
[Amended 6-5-2024 by Ord. No. 24-12]
KENNEL, NONCOMMERCIAL or NONCOMMERCIAL KENNEL
An accessory use of a single-family dwelling by a breeder or dog fancier who is a resident thereof, where six or more dogs of a licensable age are kept for the principal purpose of hunting, breeding for enhancement or perpetuation of a given breed, for practice tracking, for exhibition in dog shows, for field or obedience trials, or for guarding or protecting of the householder's property. The surplus offspring of dogs bred by a hobby breeder may be sold, and such sales shall not be considered commercial breeding, provided there are no more than two litters per year, and provided further that the sale of the offspring is not the primary function of the kennel. There shall be no more than a total of 20 dogs of licensable age; otherwise, the standards of a commercial kennel shall apply.
LAND
Any ground, soil or earth, including marshes, swamps, drainways and areas not permanently covered by water.
LANDFILL
The filling of low areas, surface deposition or the raising of the surface of the ground by the dumping, depositing or placing of waste materials, vehicles, building materials, household waste, or junk, vegetated or developed.
LANDSCAPE
[Added 6-5-2024 by Ord. No. 24-12]
A. 
An expanse of natural scenery.
B. 
Lawns, trees, shrubs, plants, flowers and other natural materials, such as rock and wood chips, and decorative features, including sculpture, patterned walks, fountains and pools.
LAND SURVEYOR
Is a professional licensed by the State of New Jersey who is responsible for obtaining all records, measurements, and evidence to prepare a correct and accurate land survey and for preparing and providing the corresponding description of property, prepared on company letterhead for the deed of conveyance.
[Added 6-5-2024 by Ord. No. 24-12]
LAND USE
A description of how land is used or occupied.
[Added 6-5-2024 by Ord. No. 24-12]
LAND USE ENFORCEMENT OFFICER
See "administrative officer."
LAUNDROMAT
An establishment providing washing, drying, or dry-cleaning machines on the premises for rental use to the general public.
[Added 6-5-2024 by Ord. No. 24-12]
LEED (Leadership in Energy, Environmental and Design)
A program that sets standards used internationally for the design, construction, and maintenance of environmentally sustainable buildings and infrastructure.
[Added 6-5-2024 by Ord. No. 24-12]
LIBRARY
A place containing books, data, magazines, newspapers and other information for reading, study and research along with community rooms, computer and educational resources, child care, art and programs for the community.
[Added 6-5-2024 by Ord. No. 24-12]
LIGHT INDUSTRY
A land use where the primary activity involved is one of the fabricating or assembling of standardized parts as contrasted to a processing activity which would change the nature or character of the product or raw material.
LIGHT SOURCE
The bulb and lens, diffuser, or reflective enclosure.
LIGHT TRESPASS
Light projected onto a property from a fixture not located on that property.
LIVING AREA
The area within the wall exteriors above the main grade level, but excluding cellars, attics, garages or porches.
LOADING AREA
An off-street space or berth used for the loading or unloading of cargo, products, or materials from vehicles.
[Added 6-5-2024 by Ord. No. 24-12]
LOT
A parcel or portion of land separated from other parcels or portions by description and area as on a subdivision of record, or survey map, or by metes and bounds for purpose of sale, lease or separate use. A street passing through land shall be considered as having divided the land into lots. A building lot shall be one meeting the minimum area and dimension requirements as specified in Part 3, Zoning, of this chapter and fronting on an approved and improved street.
A. 
LOT AREAThe computed area contained within the lot lines, excluding any street rights-of-way.
B. 
LOT, CORNER or CORNER LOTA lot abutting upon two or more streets at their intersection or upon two parts of the same street, which streets or parts of the same street form an interior angle of less than 135°. The point of intersection of the street lot lines is the corner.
C. 
LOT DEPTHThe mean distance between the front and rear lot lines.
D. 
LOT, INTERIOR or INTERIOR LOTAny lot not a corner lot.
E. 
(1) 
LOT LINE, FRONT or FRONT LOT LINEThe dividing line between the lot and a street.
(2) 
LOT LINE, REAR or REAR LOT LINEThe lot line opposite and most distant from the front lot line.
(3) 
LOT LINE, SIDE or SIDE LOT LINEA lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a "side street lot line."
F. 
LOT, THROUGHAny lot, not a corner lot, which connects two generally parallel streets.
G. 
LOT WIDTHThe distance between the two side lot lines measured at the required setback line.
H. 
LOT FRONTAGEThe side of a lot fronting on a street; front lot line.
[Added 6-5-2024 by Ord. No. 24-12]
I. 
LOT CIRCLEA lot width requirement from § 296-139A(4) that requires for all lots, that it must be possible to inscribe a circle of a diameter equal to the minimum lot width required in the zone.
[Added 6-5-2024 by Ord. No. 24-12]
J. 
LOT, FLAGA lot not meeting minimum frontage requirements and where access to the public road is by a private right-of-way or driveway that creates the "flag pole" where the buildable portion of the lot is at the end of the flag pole as the "flag" creating a flag-shaped lot.
[Added 6-5-2024 by Ord. No. 24-12]
LOT AVERAGING
The reduction in size of some lots in a subdivision, and the corresponding increase in the size of other lots in the same subdivision, in order to achieve an improvement in lot layout without any change in overall development intensity.
LOW-INCOME HOUSING
Affordable according to Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross income equal to 50% or less of the median gross household income for households of the same size within the housing region in which the housing is located, and is subject to affordability controls.
LUMENS
A unit of measure of the quantity of light that falls on an area of one square foot, every point of which is one foot from the source of one candela.
[Amended 6-5-2024 by Ord. No. 24-12]
LUMINAIRE
A complete lighting unit consisting of a light source, pole, and all mounting brackets, if appropriate, and all necessary mechanical, electrical, and decorative parts.
[Added 6-5-2024 by Ord. No. 24-12]
MAINTENANCE GUARANTEE
Any security, other than cash, which may be accepted by the Township for the maintenance of any improvements required by this chapter.
MAJOR SITE PLAN
A plan of major development of one or more lots on which is shown:
A. 
The existing and proposed conditions of the lot, including, but not necessarily limited to, topography, vegetation, drainage, floodplains, marshes and waterways;
B. 
The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, and screening devices; and
C. 
Any other information that may be reasonably required in order to make an informed determination pursuant to this chapter requiring review and approval of site plans by the Planning Board.
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision.
MANUFACTURED HOME
[Added 6-5-2024 by Ord. No. 24-12]
A. 
Consists of one or more transportable sections which are substantially constructed off-site and, if more than one section, are joined together on-site;
B. 
Is built on a permanent chassis;
C. 
Is designed to be used, when connected to utilities, as a dwelling on a permanent or nonpermanent foundation; and
D. 
Is manufactured in accordance with the standards promulgated for a manufactured home by the secretary pursuant to the "National Manufactured Housing Construction and Safety Standards Act of 1974," P.L. 93-383 (42 U.S.C. § 5401 et seq.) and the standards promulgated for a manufactured or mobile home by the commissioner pursuant to the "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.).
MASTER PLAN
A composite of the mapped and written proposals recommending the physical development of the Township, which shall have been duly adopted by the Planning Board.
MATURE WOODLAND
An area of mature deciduous and/or nondeciduous trees covering one acre or more, contributing either 30% or more largely deciduous and/or nondeciduous canopy trees having a ten-inch or greater caliper or any grove of deciduous and/or nondeciduous trees consisting of eight or more trees having an eighteen-inch or greater caliper.
METES AND BOUNDS
A method of describing the boundaries of land by directions (bounds) and distances (metes) from a known reference point.
[Added 6-5-2024 by Ord. No. 24-12]
MICROBREWERY
A retail service facility that brews beer, mead or hard cider, or similar fermented beverages, on the premises in small batches and is licensed as a microbrewery by the State of New Jersey. Sales of the product and accessory items may be located on site and distributed from the site. A tasting room may be stand alone or as an accessory to a microbrewery.
[Added 6-5-2024 by Ord. No. 24-12]
MICRODISTILLERY
A retail service facility that distills spirits and is licensed by the State of New Jersey as a microdistillery. Sales of the product and accessory items may be located on site and distributed from the site. A tasting room may be stand-alone or as an accessory to a microdistillery.
[Added 6-5-2024 by Ord. No. 24-12]
MILITARY FACILITY
Any facility within the state which is owned or operated by the federal government and which is used for the purposes of providing logistical, technical, material, training, and any other support to any branch of the United States military.
[Added 6-5-2024 by Ord. No. 24-12]
MINIMUM REQUIRED IMPROVABLE ACREAGE
The largest contiguous acreage of a lot, excluding existing or proposed street rights-of-way, freshwater wetlands and their associated transition areas as determined and/or verified by the New Jersey Department of Environmental Protection, floodplains, stormwater detention and/or retention facilities, existing easements precluding structures, bufferyards as required under § 296-66 and state open waters.
MINIMUM REQUIRED IMPROVABLE AREA
The largest contiguous area of a lot, excluding existing or proposed street rights-of-way, freshwater wetlands and their associated transition areas as determined and/or verified by the New Jersey Department of Environmental Protection, floodplains, stormwater detention and/or retention facilities, existing easements precluding structures, bufferyards as required under § 296-66 and state open waters.
MINI-WAREHOUSE
See "Self-Storage Facility."
[Added 6-5-2024 by Ord. No. 24-12]
MINOR DEVELOPMENT
A development encompassing less than an acre (43,560 square feet) of land disturbance and less than a 1/4 acre (10,890 square feet) of impervious coverage.
[Amended 6-5-2024 by Ord. No. 24-12]
MINOR SITE PLAN
Any development plan consisting of an expansion of, or addition to, an existing conforming structure or use not exempted from site plan review by this chapter and not accounting for more than 4,000 cubic feet of enclosed or roofed area, or more than 5,000 square feet of impervious surface, providing that such development plan does not involve a planned development, the installation of any road improvements or the expansion of public facilities. A development plan classified as a minor site plan that requires a variance shall require public notice and advertisement according to law.
[Amended 6-5-2024 by Ord. No. 24-12]
MINOR SUBDIVISION
Any subdivision resulting in not more than two lots, fronting upon an existing street, not involving any new street, planned development, or the extension of any off-tract improvement. The remaining land shall not be considered as one of the two lots.
MIXED-USE DEVELOPMENT
The development of a neighborhood, tract of land, building, or structure with a variety of complementary and integrated uses, such as, but not limited to, residential, office, manufacturing, retail, public, and recreation, in a compact urban form. Where mixed-use is permitted in this chapter, it shall include a combination of uses permitted in the zone district in which the property is located. For example, if residential is not permitted, a mixed-use development may include retail and office space.
[Added 6-5-2024 by Ord. No. 24-12]
MODERATE-INCOME HOUSING
Housing affordable according to Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to more than 50% but less than 80% of the median gross household income for households of the same size within the housing region in which the housing is located, and is subject to affordability controls.
MONASTERY
An institutional use that consists of a building or group of buildings comprising the domestic quarters and workplaces of monastics, monks, or nuns living in communities or alone.
[Added 6-5-2024 by Ord. No. 24-12]
MOTEL
A series of attached dwelling structures, where each unit has convenient access to parking space for the use of the unit's occupant. The units, with the exception of the manager's or caretaker's, are designed to provide sleeping accommodations for automobile transients or overnight guests without the provision for cooking in any room or suite. A single-family home on the motel property, occupied by the owner/manager, is a permitted accessory use.
MULTIFAMILY DWELLING
Three or more residences in a single structure.
[Added 6-5-2024 by Ord. No. 24-12]
MULCHING
The application of plant or other suitable materials on the soil surface to conserve moisture, hold soil in place, and aid in establishing plant cover.[7]
MUNICIPAL AGENCY
The Township Planning Board or Zoning Board of Adjustment, or the governing body when acting pursuant to this chapter.
NATURAL GROUND SURFACE
The ground surface in its original state before any grading, excavating or filling.
NET ACREAGE
The acreage of a lot, excluding the area of existing or planned street rights-of-way, and excluding the area of any easements which preclude the development of structures.
NET AREA OF LOT
See "net acreage."
NEW MOTOR VEHICLE AGENCY
A business licensed by the State of New Jersey for the sale of new, or new and used, vehicles.
NOISE
[Added 6-5-2024 by Ord. No. 24-12]
A. 
Any undesirable sound;
B. 
Any sounds that annoys or disturbs humans or that causes or tends to cause an adverse psychological or physiological effect on humans.
NONCOMMERCIAL ACCESSORY TOWER
Any vertical structure accessory to, but not attached to, the principal structure on any residential lot.
NONCONFORMING LOT
A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but 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 STRUCTURE
A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NURSERY
A commercial operation engaged in growing plants and/or trees under intensive management practices for use in another location.
NUISANCE
A condition or situation that results in an interference with the enjoyment and use of property.
[Added 6-5-2024 by Ord. No. 24-12]
NURSING HOME
An institutional use that is a long-term care facility or a distinct part of a facility licensed or approved as a nursing home, infirmary unit of a home for the aged, or a governmental medical institution.
[Added 6-5-2024 by Ord. No. 24-12]
OBSTRUCTION
Includes but is not limited to:
[Amended 6-5-2024 by Ord. No. 24-12]
A. 
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 dance to life or property; and
B. 
Any tree, trash receptacle, street curb, parking meter, newspaper box, street sign or basement entry hatch lying within the area of the outdoor dining area.
OFFICE
A principal or accessory use consisting of a room or group of rooms used for conducting affairs of a business, profession, service, industry or government and generally furnished with desks, tables, files, and communication equipment.
[Added 6-5-2024 by Ord. No. 24-12]
OFF SITE
Not located on the property which is the subject of a development application nor in a contiguous portion of a street or right-of-way.
OFFICIAL MAP
A map adopted in accordance with the Municipal Land Use Law, Chapter 291, Laws of 1975, N.J.S.A. 40:55D-2 et seq., or any prior act authorizing such adoption, and which map shall be deemed to be conclusive with respect to the location and width of streets, public parks and playgrounds, drainage rights-of-way, flood control basins, public areas and historic sites.
ON SITE
Located on the lot in question.
ON TRACT
Located on the property which is the subject of a development application, or in a contiguous portion of a street or right-of-way.
OPEN SPACE
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designated to be incidental to the natural openness of the land.
OPEN SPACE, COMMON or COMMON OPEN SPACE
Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development, and may include such complementary structures and improvements as are necessary and appropriate.
ORCHARD
A commercial operation engaged in the cultivation of trees bearing fruit or nuts or providing other products, such as, but not limited to, maple syrup.
OUTDOOR DINING
The consumption of food by the public at tables located outside of the restaurant on a patio, deck or within that more or less rectangular portion of the sidewalk which lies within the area bounded by the public street, the principal facade, and the imaginary perpendicular lines running from the outer edge of such principal facade to the public street; and containing readily removable tables, chairs, umbrellas, temporary railings, barriers and/or planters; and which may be enclosed by fixed walls or ceilings, fences, landscaping walls, retractable awnings, removable barriers, tents or other semi-permanent or permanent enclosures.
[Added 6-5-2024 by Ord. No. 24-12]
OUTSIDE STORAGE
The storage of goods, materials, equipment, etc., outside an enclosed building.
OVERLAY ZONE
A zoning district that is placed over an underlying zone or zones and that creates an additional zone that is triggered by an action of an applicant to utilize the overlay zone standards in place of or in addition to the underlying zone. The underlying zone standards remain intact.
[Added 6-5-2024 by Ord. No. 24-12]
OWNER
Any individual, firm, association, syndicate, copartnership, or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter. Such person may also be known as the "developer."
PARCEL
A piece of land formally described and recorded with block and lot numbers, by metes and bounds, by ownership, or in such a manner as to specifically identify the dimensions and/or boundaries. Informally used as land in general.
[Added 6-5-2024 by Ord. No. 24-12]
PARKING ACCESS
Entrances and exits to parking areas.
PARKING AREA
An open area, other than a street or public way, used for the parking of automobiles or other vehicles and available to the public, whether for a fee, free, or as an accommodation for clients or customers.
PARKING SPACE, HANDICAPPED
A space in a parking area with stall dimensions, access, and signage conforming to the Americans with Disabilities Act (ADA).
[Added 6-5-2024 by Ord. No. 24-12]
PARKING, SHARED
Joint utilization of a parking area for more than one use; involves parking spaces that are used at different times by different uses. A shared parking space serves several stores so that a vehicle does not have to be moved from place to place.
[Added 6-5-2024 by Ord. No. 24-12]
PARKING SPACE OR STALL
An off-street space available for the parking of a motor vehicle and which has an area of at least 162 square feet, exclusive of passageways, driveways and access aisles appurtenant thereto and giving access thereto.
PARTY IMMEDIATELY CONCERNED
For purposes of notice, any applicant for development, the owners of the subject property, and all owners of property and governmental agencies entitled to notice under § 296-22.
PATIO
A level, landscaped, and/or surfaced area, also referred to as a terrace, directly adjacent to a principal building at or within three feet of the finished grade and not covered by a permanent roof.
[Added 6-5-2024 by Ord. No. 24-12]
PERFORMANCE GUARANTEE
Any security which may be accepted by a municipality, including cash, provided that a municipality shall not require more than 10% of the total performance guarantee in cash.
PERMEABILITY TEST
A test designed to determine the ability of ground to absorb water. A permeability test may apply to development of stormwater management facilities, septic systems and other cases where groundwater absorption is in question.
[Amended 6-5-2024 by Ord. No. 24-12]
PERMITTED USE
Any use which shall be allowed subject to the provisions of this chapter.
PERSON
Any individual, resident, corporation, utility company, partnership, firm or association.
[Added 6-5-2024 by Ord. No. 24-12]
PESTICIDE
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 life or viruses, except viruses on or in living man or other animals. The term "pesticide" shall also include any substance or mixture of substances labeled, designed or intended for use as a defoliant, desiccant, or plant regulator.
PET
See "pet, household."
[Added 6-5-2024 by Ord. No. 24-12]
PET DAY CARE
A retail services use that provides general care of animals during business hours (no overnight boarding). At these facilities, pets, typically canines (dogs), are generally supervised throughout their stay and mingle with other dogs. The target clientele are typically dog owners who are unable to provide personal care, exercise or a private yard for their pet during the day. An outside area or run is a typical accessory use to a pet day-care facility. Includes pet grooming and training facilities.
[Added 6-5-2024 by Ord. No. 24-12]
PET, HOUSEHOLD
A fully domesticated animal kept on a residential property for companionship, not commercial purposes, such as a dog, cat, small reptile, bird, rabbit, fish, turtle or a rodent.
[Added 6-5-2024 by Ord. No. 24-12]
PHOTOVOLTAIC ENERGY
See "solar or photovoltaic energy facility or structure."
PLANNED DEVELOPMENT
Planned unit development, planned unit residential development, residential development, residential cluster, planned commercial or planned industrial development.
[Amended 6-5-2024 by Ord. No. 24-12]
A. 
PLANNED COMMERCIAL DEVELOPMENTAn area to be developed according to a single entity containing one or more structures with common areas to accommodate commercial or office uses or both and any residential and other uses incidental to the predominant use.
(1) 
An area of at least 10 contiguous or noncontiguous acres in size to be planned, developed, operated, and maintained as a single entity and containing one or more structures with appurtenant common areas to accommodate office, retail, and commercial uses, and other uses incidental to the predominant commercial use.
B. 
PLANNED RESIDENTIAL DEVELOPMENT (PRD)An area developed as a single entity according to an approved plan and containing a variety of dwelling unit types, open space and recreation areas, and commercial and/or public and quasi-public uses, all primarily for the benefit of the residential development.
C. 
PLANNED INDUSTRIAL DEVELOPMENTAn area to be developed according to a plan as a single entity containing one or more structures with common areas to accommodate industrial uses and any other uses incidental to predominant use.
(1) 
An area of at least 10 contiguous or noncontiguous acres in size to be planned, developed, operated, and maintained as a single entity and containing one or more structures with appurtenant common areas to accommodate industrial, manufacturing, warehousing, office, retail, and commercial uses, and other uses incidental to the predominant industrial use.[8]
PLANNING BOARD
The Planning Board of the Township of Raritan.
PLANTING STRIP
The part of a street right-of-way between the public right-of-way and the portion of the street reserved for vehicular traffic or between the abutting property line and the curb or traveled portion of the street, exclusive of any sidewalk.
[Added 6-5-2024 by Ord. No. 24-12]
PLAT
The map of a subdivision or site plan.
PLAT, FINAL or FINAL PLAT
The final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with the regulations and which, if approved, shall be filed with the County Clerk for recording in accordance with the law. A plat that receives final approval shall have been prepared by a New Jersey licensed professional engineer or land surveyor in accordance with all of the provisions of N.J.S.A. 46:26B-1 et seq.
[Amended 11-18-2020 by Ord. No. 20-30]
PLAT, PRELIMINARY or PRELIMINARY PLAT
A map of a major subdivision containing information required in this chapter and submitted in accordance with the procedures set forth in this chapter for the purpose of securing preliminary approval.
PLAT, SKETCH or SKETCH PLAT
The sketch map of a subdivision, of sufficient accuracy to be used for the purpose of discussion and classification, and meeting the requirements of Article X.
POLE BARN
A structure made utilizing post-frame construction. "Pole barn" is a traditional name for a large agricultural structure with no basement, a high ceiling and wide-open spaces but could include any structure built with post-frame construction.
[Added 6-5-2024 by Ord. No. 24-12]
POULTRY
Domesticated chickens, ducks, peahens, and the like, excluding roosters and male chickens of any age. Chickens are not considered "household pets" or "birds" as defined in this chapter. See also "chickens" and "fowl."
[Added 6-5-2024 by Ord. No. 24-12]
PRELIMINARY APPROVAL
The conferral of certain rights prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form its scope, scale and relationship to its site and immediate environs.
PRINCIPAL USE
The main purpose for which any lot and/or building is used.
PROFESSIONAL OFFICE
The office of a member of a recognized profession maintained for the conduct of his or her profession. Such professions shall be limited to those of medicine, dental services, veterinary services, law, planning, architecture, engineering, art, religion, music and other professions which require a similar degree of training and experience.
[Amended 6-5-2024 by Ord. No. 24-12]
PROHIBITED USE
Any use which shall not be allowed under any circumstances.
PUBLIC AREAS
Public parks, playgrounds, trails, paths and other recreation areas; other public open spaces; scenic and historic sites; and sites for schools and other public buildings and structures.
PUBLIC BUILDING
An institutional or public use that includes any building used exclusively for public purposes by any department or branch of government. Also includes buildings of an institutional nature and serving a public need, such as schools; libraries; museums; post offices; police, rescue, and fire stations; and public utilities and services.
[Added 6-5-2024 by Ord. No. 24-12]
PUBLIC DRAINAGEWAYS
The land reserved or dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to a municipality, Municipal Agency, board of education, state or county agency or other public body for recreational or conservational uses.
PUBLIC SEWER
Sanitary effluent from a building or structure carried in force mains, collectors, interceptors and trunks to a central sewage treatment facility owned and operated by the Raritan Township Municipal Utilities Authority.
PUBLIC USE
Any public building, structure or land used primarily for public, quasi-public or public franchise purposes.
PUBLIC WATER (PUBLIC WATER SUPPLY SYSTEM)
A. 
A water supply, storage and distribution system that is operated by the Township of Raritan, the Borough of Flemington or the holder of a franchise water utility and consisting of a system of water mains bringing water into the Township, to storage facilities and to distribution lines, for service and distribution to multiple users (as differentiated from a single home, single subdivision or commercial or industrial tract or user).
B. 
For the purpose of this chapter, the provision of public water to a development shall mean connection into the existing water supply and distribution system as above described or extension of such system as above described to the site of the development. Water supply primarily from groundwater via a well or wells specifically provided for a development, whether on site or off tract, shall not be considered public water irrespective of whether such well or wells are privately owned and operated or owned and/or operated by a franchise water utility.
QUORUM
A majority (1/2 plus one) of the full membership of a board or agency.
[Added 6-5-2024 by Ord. No. 24-12]
RAINFALL EXCESS
The portion of rainfall which becomes direct surface runoff.
RECREATION FACILITY, PRIVATE NONCOMMERCIAL or PRIVATE NONCOMMERCIAL RECREATION FACILITY
Clubs or recreation facilities operated by a nonprofit organization and open only to bona fide members of such nonprofit organization.
RECREATIONAL FACILITY, COMMERCIAL or COMMERCIAL RECREATIONAL FACILITY
Recreation facilities operated as a business and open to the general public for a fee. This definition shall include training facilities as defined elsewhere in this section.
RECREATIONAL FACILITY, PUBLIC
Any use or structure owned and managed by a federal, state, or Municipal Agency, or its duly appointed agent, for the purpose of active recreational activities.
RECREATIONAL TRAINING FACILITY
A building or part thereof in which the training and education of persons in various forms of recreational activities is performed for gain or profit. Said use may include accessory retail sales of goods and services associated with the specific recreational activity conducted on the site. Examples shall include karate/martial arts, swimming, scuba, tennis, batting, fencing, gymnastics, dancing, boxing, and wrestling.
RECREATIONAL VEHICLE
A vehicular-type portable structure without permanent foundation that can be towed, hauled, or driven and is primarily designed as a temporary living accommodation for recreational and camping purposes.
[Added 6-5-2024 by Ord. No. 24-12]
RECYCLING
The process by which waste products are reduced to raw materials and transformed into new and often different products.
[Added 6-5-2024 by Ord. No. 24-12]
RECYCLING PLAN
A plan for the collection, separation, and storage of materials for the purpose of recycling those materials.
[Added 6-5-2024 by Ord. No. 24-12]
REHABILITATION
The restoration of a property previously in a dilapidated or substandard condition for human habitation or use, without drastically changing the plan, form, or style of architecture.
[Added 6-5-2024 by Ord. No. 24-12]
RELIGIOUS USE
A church, mosque, synagogue, temple or other similar place of worship.
RENEWABLE ENERGY FACILITY
A facility that engages in the production of electric energy from solar technologies, photovoltaic technologies, or wind energy. Facilities of 20 acres or more are permitted in every industrial zone pursuant to N.J.S.A. 40:55D-66.11.
[Added 6-5-2024 by Ord. No. 24-12]
RENTAL HOUSING
Housing that is occupied by a tenant paying rent to an owner, with no part of the rent being used to acquire equity in the property.
[Added 6-5-2024 by Ord. No. 24-12]
REPLACEMENT TREE
A nursery-grown, certified tree, properly balled, marked with a durable label indicating genus, species and variety, and satisfying the standards established for nursery stock and installation thereof set forth by the American Nursery and Landscape Association.
[Amended 11-18-2020 by Ord. No. 20-30]
RESEARCH FACILITY
A facility for investigation into the natural, physical or social sciences, which may include engineering and product development.
[Added 6-5-2024 by Ord. No. 24-12]
RESIDENT
An individual who resides on the residential property or contractor hired by the individual who resides on the residential property where a tree(s) regulated by Ordinance No. 24-7[9] is removed or proposed to be removed.
[Added 6-5-2024 by Ord. No. 24-12]
RESIDENTIAL CARE FACILITY
A health care facility, associated with a licensed long-term care facility, that provides food, shelter, supervised care and related services in a homelike setting.
[Added 6-5-2024 by Ord. No. 24-12]
RESTAURANT (see also "Fast Food Restaurant")
An retail services establishment located within the principal building, the primary activity of which is the preparation of food for consumption by the public on its premises.
[Added 6-5-2024 by Ord. No. 24-12]
RETAIL
Establishments engaged in the selling of goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
RESUBDIVISION
[Added 6-5-2024 by Ord. No. 24-12]
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.
B. 
The alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
RETAIL SERVICES
Establishments providing services or entertainment to the general public for personal or household use, including eating and drinking places; finance, real estate and insurance offices; personal services such as beauty salons; theaters and indoor commercial recreation; health, education and social services; and museums and galleries. Incidental retail sales are also permitted within a retail services establishment. Also includes establishments conducting an off-premises service for individuals, businesses, industry, government and other enterprises which includes, but is not limited to, repair, construction, delivery, or other professional services.
[Added 6-5-2024 by Ord. No. 24-12]
RETAIL, SUPERSTORE
Retail sales establishments in freestanding industrial style one-story buildings, with floor areas of approximately 100,000 square feet to 200,000 square feet.
[Added 6-5-2024 by Ord. No. 24-12]
REZONE
To change the zoning classification of particular lots or parcels of land.
[Added 6-5-2024 by Ord. No. 24-12]
RIDING ACADEMIES AND BOARDING STABLES
Uses and structures designed for the quartering of horses and/or for providing instruction in horsemanship.
RIGHT TO FARM
Public policy designed to protect farmers against municipal regulations, private nuisance suits, and unnecessary constraints on essential agricultural management practices, if these practices are consistent with federal and state law and are not a threat to the public health and safety. Right to Farm issues are determined by the Hunterdon County Agricultural Board and/or the State Agricultural Development Commission.
[Added 6-5-2024 by Ord. No. 24-12]
RIGHT-OF-WAY
[Added 6-5-2024 by Ord. No. 24-12]
A. 
A strip of land acquired by reservation, dedication, prescription, or condemnation and intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water line, sanitary or storm sewer, or other similar uses;
B. 
Generally, the right of one to pass over the property of another.
RIGHT-OF-WAY LINE
That line determining the limit of the right-of-way, either existing or contemplated.
[Amended 6-5-2024 by Ord. No. 24-12]
ROOFLINE
The highest continuous horizontal line of a roof. On a sloping roof, the roofline is the principal ridgeline or the highest line common to one or more principal slopes of the roof. On a flat roof, the roofline is the highest continuous line of the roof or parapet, whichever is higher.
SCHOOL (PRIVATE, PUBLIC OR PAROCHIAL)
A facility having regular sessions of instruction conducted by regularly employed instructors and teachers who teach those subjects which are fundamental and essential in general education, and which provides education under the supervision of the New Jersey Department of Education or a lawfully constituted ecclesiastical governing body, or a corporation meeting the requirements of the New Jersey Department of Education.
SCHOOL BUS DEPOT
A building and premises for the storage of buses used primarily for the purposes of transporting children to and from educational institutions, such as, but not limited to, elementary schools and high schools. Accessory uses may include the repair and maintenance of the buses that are stored on site but shall not include the pickup or dropoff of passengers.
SCIENTIFIC AND RESEARCH FACILITY
See "research facility."
[Added 6-5-2024 by Ord. No. 24-12]
SECRETARY
The person designated by the Planning Board as Secretary to the Board.
SEDIMENT
Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site or origin by air, water or gravity as a product of erosion.
SEDIMENT BASIN
A barrier or dam built across a waterway or at other suitable locations to retain rock, sand, gravel, or silt or other material.
SEDIMENT POOL
The reservoir space allotted to the accumulation of submerged sediment during the life of the structure.
SEDIMENTATION
The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.[10]
SELF-STORAGE FACILITY
A building or group of buildings containing separate, individual, and private storage spaces of varying sizes available for lease or rent for varying periods of time.
[Added 6-5-2024 by Ord. No. 24-12]
SENIOR CITIZEN DEVELOPMENT
A planned development designed for, and occupied by, at least one person 55 years of age or older per dwelling unit, where such development emphasizes social and recreational activities but also provides personal services, limited health facilities, and transportation.
[Added 6-5-2024 by Ord. No. 24-12]
SENIOR CITIZEN HOUSING
Housing designed for, and occupied by, at least one person 55 years of age or older per dwelling unit, and which has significant facilities and services designed to meet the needs of older persons.
[Amended 6-5-2024 by Ord. No. 24-12]
SERVICE ITEMS
All dishes, utensils, containers, tablecloths, napkins, cutlery and other items used in the operation or decoration of the outdoor dining area.
SERVICES
Establishments providing services or entertainment as opposed to products to the general public, including eating and drinking places; finance; real estate; insurance; personal services; motion pictures; amusement and recreation services; health, educational and social services; and museums and galleries.
SETBACK
The distance between a building or structure greater than three feet in height and any lot line.
[Added 6-5-2024 by Ord. No. 24-12]
SHED
An accessory structure or building used primarily for storage.
[Added 6-5-2024 by Ord. No. 24-12]
SHOP
A business totally contained within the building.
SHOPPING CENTER
Two or more commercial establishments in excess of 50,000 square feet of gross floor area in one or more structures, designed and operated as a coordinated, integrated unit with respect to parking service, signs, etc. Uses may include retail and service establishments, offices and office structures, theaters, recreational facilities, motels and hotels, and auto service stores where gasoline, oil and grease, batteries, tires and automobile accessories may be supplied and dispensed directly to the motor vehicle trade, and where minor repair service is rendered, and uses accessory to all such permitted uses.
SHORT-TERM RENTAL (also referenced as "STR")
The accessory use of a dwelling unit for occupancy by someone other than the unit's owner or permanent resident for a period of 30 or less consecutive days, up to a cumulative total period of not to exceed 180 days in a calendar year, which dwelling unit is regularly used and kept open as such for the lodging of guests, and which is advertised or held out to the public as a place regularly rented to transient occupants.
[Added 6-5-2024 by Ord. No. 24-12]
SHORT-TERM RENTAL PROPERTY (also referenced as "STRP")
A residential dwelling unit that is used and/or advertised for rent as a short-term rental by transient occupants as guests. Dwelling units rented to the same occupant for more than 30 continuous days, licensed bed-and-breakfast establishments, licensed rooming or boarding houses, hotels, and motels shall not be considered short-term rental property.
[Added 6-5-2024 by Ord. No. 24-12]
SIDEWALK
The paved surface provided for the exclusive use of pedestrians and situated between and extending from any building line to the curb of any street (excluding therefrom any unpaved area).
[Added 6-5-2024 by Ord. No. 24-12]
SIGHT TRIANGLE
A triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted, or allowed to grow in such as a manner as to obstruct the sight distance of motorists entering or leaving the intersection.
[Added 6-5-2024 by Ord. No. 24-12]
SIGN (GRAPHIC)
[Amended 6-5-2024 by Ord. No. 24-12]
A. 
Any announcement, declaration, demonstration, billboard, display, illustration, bulletin board, letters, numbers, logos, statues, banners, flags, pennants, clocks, plants, thermometers, or lights or combination of lights used to promote or advertise the interest of any person, group of persons, corporation, place or product when the same is placed, erected, attached, painted, printed or grown so as to be visible to the general public.
B. 
A sign shall not include any display of official court or public office notices, or any official traffic control device, nor shall it include the flag, emblem or insignia of nation, state, county, municipality, school or religious group.
C. 
SIGN TERMS.
(1) 
(a) 
See "off-premises sign."
(b) 
Advertising sign means:
[1] 
Movement of a sign or any segment thereof, such as rotating, revolving, moving up or down, or any other type of action involving a change of position, of a sign body or segment thereof, whether caused by mechanical, illusional or other means;
[2] 
A lighted sign on an intermittent or flashing circuit or the movement of any light used in connection with any sign, such as blinking, traveling, flaring or changing degree of intensity of color.
(2) 
AREA OF FACADEThe area of the wall of a building, not including roof areas of any type.
(3) 
BANNERS AND PENNANTSAdvertising affixed to poles, wires or ropes, and made of the cloth or plastic materials, etc. Government flags are excluded from this definition.
(4) 
BROKEN PLANDiscontinuous surfaces separated by air space.
(5) 
CANOPY SIGNA sign attached to and suspended from an overhang or ceiling.
(6) 
CUT-OUT LETTER OR NUMBERAny figures cut out in the shape of a letter or number and supported independently on an awning or directly on a wall of a building. Any frame or artificial background support enclosing and letters excludes a letter from the classification of cut-out.
(7) 
GRAPHICAny device use for visual communication.
(8) 
GROUND SIGNA freestanding sign mounted on any support other than a structure in which people live, work, or congregate.
(9) 
INDIRECT LIGHTINGThe use of fluorescent (and other vapor light) or incandescent lighting apart from, but directed towards, the surface of the sign.
(10) 
INTERIOR LIGHTINGThe use of fluorescent (and other light) or incandescent to illuminate sign from behind the lettering or from inside the sign structure.
(11) 
KIOSKA small, many sided structure placed in a public area, upon which posters, signs, messages, etc., are affixed.
(12) 
LANDSCAPE SIGNSSigns placed on the ground create through the use of plant materials, ground forms, rocks and other natural materials.
(13) 
MARQUEES, CANOPIES OR AWNINGSVarious forms of permanent, temporary or portable roof-like coverings for entrances, windows, etc.
(14) 
NEIGHBORHOOD IDENTIFICATION SIGNA sign identifying the entrance to a particular subdivision or other housing project which is recognized by a given name.
(15) 
OFF-PREMISES SIGNA sign which directs attention to a business, profession, commodity, service or entertainment conducted, sold or offered elsewhere than on the lot or premises where the sign is located.
(16) 
ON-PREMISES SIGNA sign which directs attention to a business, profession, commodity, service or entertainment conducted, sold or offered on the lot or premises where the sign is located or to which it is affixed.
(17) 
ORGANIZATION SIGN DISPLAYA sign which combines all of the civic, service, religious, etc., signs normally found scattered along the roadside into one well-designed graphic.
(18) 
POLITICAL SIGNSGraphics advertising candidates for political office or involving a ballot issue.
(19) 
PROJECTING SIGNA graphic attached to a building or other structure and extending from the building wall or structure.
(20) 
RESIDENTIAL NAMEPLATEA graphic permitted for the sole purpose of identifying the following: inhabitants residing therein, the house name or address.[11]
SITE PLAN
A development plan of one or more lots on which is shown:
A. 
The existing and proposed conditions of the lot, including, but not necessarily limited to, topography, vegetation, drainage, floodplains, marshes and waterways;
B. 
The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility service, landscaping, structures and signs, lighting, and screening devices; and
C. 
Any other information that may be reasonably required in order to make an informed determination pursuant to this chapter requiring review and approval of site plans by the Planning Board.
SLOPE
The degree of deviation of a surface from the horizontal, usually expressed in percent or degree.
SOIL
Any and all unconsolidated mineral and organic material of whatever origin on the immediate surface of the earth that serves as a natural medium for the growth of terrestrial plants; it generally overlies bedrock and can be readily excavated.
[Amended 11-18-2020 by Ord. No. 20-30]
SOIL EROSION AND SEDIMENT CONTROL
A scheme which fully indicates necessary land treatment measures, including a time schedule for their installation, which shall effectively control soil erosion and sedimentation. Such measures shall be equivalent to or exceed standards promulgated by the State Soil Conservation Committee.
SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE
A facility or structure for the purpose of supplying electrical energy produced from solar or photovoltaic technologies, whether such a facility or structure is a principal use, a part of the principal use, or an accessory use or structure.
[Amended 6-5-2024 by Ord. No. 24-12]
A. 
Major Solar or Photovoltaic Energy Facility or Structure (Solar Farm).
(1) 
Major solar of photovoltaic energy facility or structure or major solar or photovoltaic energy system — A system of fuel cells, solar or photovoltaic panels and equipment for the production of energy that is not a minor solar photovoltaic energy or structure.
B. 
Minor solar or photovoltaic energy facility or structure or minor solar photovoltaic energy system — A fuel cell, solar or photovoltaic panel or system of panels for the production of energy that:
(1) 
Uses solar energy as its fuel; is located on the power beneficiary's premises; is designed and intended primarily to offset part or all of the beneficiary's requirements for energy consumption on site; and is secondary to the beneficiary's use of the premises for other lawful purpose(s);
(2) 
Is intended to mitigate electrical system improvement requirements; and
(3) 
Generates not more than 110% of the power consumed by the beneficiary's premises, which shall be documented through the submission of power company electricity usage bills for the 12 months prior to the date of application, or another form of documentation acceptable to the Raritan Township Engineer. This documentation shall be provided at the time of application.
(4) 
If the solar or photovoltaic energy facility or structure is not located on the same property as the use it serves, then the facility shall be treated as a major solar or photovoltaic energy facility or structure.
SPECIAL EVENTS
A public or private event established for a limited duration of time with the intent to discontinue such use upon the expiration of the time period.
[Amended 6-5-2024 by Ord. No. 24-12]
SPECIMEN AND HISTORIC TREES
Any tree with a diameter at breast height (dbh) of 24 inches or greater.
SPOTLIGHT
A luminaire or bulb which projects light in a specific direction in a narrow beam, typically 45° or less.
STALL
The parking space in which vehicles park.
[Added 6-5-2024 by Ord. No. 24-12]
STATE SOIL CONSERVATION COMMITTEE
An agency of the state established in accordance with the provisions of N.J.S.A. 4:24-1 et seq.
STEEP SLOPE
Land areas where the slope exceeds 12%. See § 296- 143.
[Added 6-5-2024 by Ord. No. 24-12]
STORAGE
The keeping, either enclosed or unenclosed, of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours.
[Added 6-5-2024 by Ord. No. 24-12]
STORMWATER DETENTION
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.
STORMWATER MANAGEMENT
See Article XXV, Stormwater Control.
[Added 6-5-2024 by Ord. No. 24-12]
STORY
That portion of a building included between the surface of any floor and the surface of the floor above it or, if there is no floor above it, then the space between the floor and the ceiling next above it.
STREAM ENCROACHMENT PERMIT
A permit issued by the Department under the provisions of N.J.S.A. 58:1A-1 to 58:1A-26.
[Amended 11-18-2020 by Ord. No. 20-30]
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway, or which is shown upon a plat heretofore approved pursuant to law, or which is approved by official action, 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, ARTERIAL or ARTERIAL STREET
Interstate or state highways carrying the major portion of through traffic in the Township.
STREET, COLLECTOR or COLLECTOR STREET
A street which carries traffic from minor streets to the secondary, primary and arterial roads. It shall include the principal entrance street(s) of a residential development.
STREET, INTERNAL OR SERVICE or INTERNAL OR SERVICE STREET
Minor ways used primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.
STREET, MARGINAL ACCESS or MARGINAL ACCESS STREET
A street which is parallel to and adjacent to an arterial or primary road and which provides access to abutting properties and protection from through traffic and does not impede traffic flow on the major road.
STREET, MINOR or MINOR STREET
A street which is used primarily for access to the abutting properties and not for through traffic. Such a street is also known as a "local street" and includes culs-de-sac.
STREET, PRIMARY or PRIMARY STREET
State and county roads carrying through traffic and traffic from one part of the Township to another.
STREET, SECONDARY or SECONDARY STREET
County and local roads designed to move traffic originating in the Township to the primary and arterial highways.
STREET TREE
A tree planted in the sidewalk, planting strip, and/or in the public right-of-way adjacent to (or specific distance from) the portion of the street reserved for vehicular traffic. This also includes trees planted in planting strips within the roadway right-of-way, i.e., islands, medians, pedestrian refuges.
[Added 6-5-2024 by Ord. No. 24-12]
STRIPPING
Any activity which removes or disturbs the vegetation surface cover, including clearing and grubbing operations.
STRUCTURE
Any assembly of materials above or below the surface of land or water, including, but not limited to, buildings, paving, fences, dams, 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.
SUBDIVIDER
Any person or other legal entity commencing proceedings under the provisions of this chapter to effect a subdivision of land hereunder for himself or herself or for another.
SUBDIVISION
A. 
The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created:
(1) 
Divisions of land found by the Planning Board or Technical Review Committee thereof appointed by the Chair to be for agricultural purposes where all resulting parcels are five acres or larger in size;
[Amended 11-18-2020 by Ord. No. 20-30]
(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) 
Consolidation of existing lots by deed or other recorded instruments; and
(5) 
The conveyance of one or more adjoining lots, tracts, or parcels of land, owned by the same person or persons, and all of which are found and certified by the administrative officer to conform to the requirements of Part 3, Zoning, of this chapter and are shown and designated as separate lots, tracts or parcels on the Tax Map of the Township.
B. 
The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION COMMITTEE
A committee of at least three Planning Board members appointed by the Chairman of the Board for the purpose of reviewing this title and such duties relating to land subdivision which may be referred to as "this Committee" by the Board.
SUBSTANTIAL CHANGE
A modification that substantially changes the physical dimensions of an eligible support structure, as defined by 47 CFR 1.50001(c), as may be amended, but which currently provides the following criteria:
[Added 5-21-2019 by Ord. No. 19-08]
A. 
For towers other than towers in the public right-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than 10 feet, whichever is greater [changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act, 47 CFR § 1.40001(b)(7)(i)(A)];
B. 
For towers other than towers in the public right-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;
C. 
For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public right-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;
D. 
It entails any excavation or deployment outside the current site;
E. 
It would defeat the concealment elements of the eligible support structure; or
F. 
It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in Subsections A through D of this definition.
SUBSTANTIVE CERTIFICATION
A determination by COAH approving a municipality's housing element and fair share plan in accordance with the provisions of the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., and the regulations promulgated thereunder. A grant of substantive certification shall be valid for a period of six years in accordance with the terms and conditions contained therein.
SWIMMING POOL
A water-filled enclosure, permanently constructed or portable, having a depth of more than 18 inches below the level of the surrounding land, or an above-surface pool, having a depth of more than 30 inches, designed, used, and maintained for swimming and bathing.
[Added 6-5-2024 by Ord. No. 24-12]
TATTOO PARLOR
Establishment in which people receive permanent or temporary decorative tattoos from a tattoo artist. Such establishments also have body piercing and accessory sales to the tattoo parlor.
[Added 6-5-2024 by Ord. No. 24-12]
TECHNICAL REVIEW COMMITTEE
A committee of at least three Planning Board members appointed by the Chair of the Board for the purpose of reviewing this chapter and performing such duties relating to land subdivision which may be referred to the Technical Review Committee by the Board.
[Amended 11-18-2020 by Ord. No. 20-30]
TELECOMMUNICATIONS TOWERS AND FACILITIES
[Added 6-5-2024 by Ord. No. 24-12]
A. 
A parcel of land containing a tower, sending and receiving antennas attached to the tower, and a prefabricated or modular structure or cabinets containing electronic equipment;
B. 
A Federal Communications Commission (FCC) licensed facility, designed and used for the purpose of transmitting, receiving, and relaying voice data signals from various wireless communication devices and equipment.
Amateur radio transmission facilities and facilities used exclusively for receive-only antennas are not classified as telecommunications cell sites.
TEMPORARY
A use, structure or establishment with a limited duration with the intent to discontinue such use or structure upon the expiration of the time period.
[Added 6-5-2024 by Ord. No. 24-12]
TEMPORARY BUSINESS
A retail or retail food establishment that operates at a fixed location for a limited period of time in connection with a fair, carnival, circus, picnic, concert, public exhibition, or similar transitory gathering. Annual permits may also be issued by the Township Board of Health Secretary subject to inspections.
[Added 6-5-2024 by Ord. No. 24-12]
TEMPORARY PROTECTION
Stabilization of erosive or sediment-producing areas.
[Added 6-5-2024 by Ord. No. 24-12]
TEMPORARY STRUCTURE
A structure that typically does not have a foundation or footings and will be removed when the designated time period, activity, or use for which the temporary structure was erected has ceased. Such structures are not to adhere to Schedule I as long as the structure is on the subject property and out of the Township right-of-way.
[Added 6-5-2024 by Ord. No. 24-12]
THEATER
A building or part of a building used to show motion pictures or where live performances are held such as plays, dance performances or concerts.
[Added 6-5-2024 by Ord. No. 24-12]
THINNING
The removal of undesirable, competitive, diseased or damaged trees so as to cultivate and improve the development of remaining trees on the lot.
THROUGH LOT
See "lot, through."
[Added 6-5-2024 by Ord. No. 24-12]
TOWNHOUSE
A single-family dwelling with two common or party walls, meeting fire wall construction standards, separating it from adjacent units on both sides, or one party wall in the case of a building at the end of a group of attached dwellings.
[Amended 11-18-2020 by Ord. No. 20-30]
TOWNSHIP ENGINEER
The municipal official designated by the Township Committee as the Township Engineer.
TRAFFIC IMPACT STUDY
A report analyzing anticipated roadway conditions, parking, circulation and access before and after a proposed development. The report may include an analysis of mitigation measures and a calculation of fair-share financial contributions for traffic improvements. Mitigation measures may include road widenings, intersection improvements, and traffic control devices.
[Added 6-5-2024 by Ord. No. 24-12]
TRANSCRIPT
A typed or printed verbatim record of the proceedings or a reproduction thereof.
[Added 6-5-2024 by Ord. No. 24-12]
TRANSFER OF DEVELOPMENT RIGHTS (TDR)
The removal of the right to develop or build, expressed in dwelling units per acre or floor area, from land in one zone district, and the transfer of that right to land in another zone where such transfer is permitted, in accordance with the New Jersey Statutes.
[Added 6-5-2024 by Ord. No. 24-12]
TRANSFER STATION
A site at which solid wastes are prepared for transport to a processing facility or land disposal site.
[Added 6-5-2024 by Ord. No. 24-12]
TRANSIENT OCCUPANT
Any person or a guest or invitee of such person, who, in exchange for compensation, occupies or is in actual or apparent control or possession of residential property, which is either: 1) registered as a short-term rental property, or 2) satisfies the definition of a short-term rental property. It shall be a rebuttable presumption that any person who holds themselves out as being an occupant or guest of an occupant of the short-term rental is a transient occupant.
[Added 6-5-2024 by Ord. No. 24-12]
TREE
Any self-supporting woody plant which reaches a typical mature height of 12 feet or more at maturity and has a typical diameter at breast height (dbh) of four inches or greater.
TREE CALIPER
The diameter of the trunk of a young tree, measured six inches from the soil line. For young trees whose caliper exceeds four inches, the measurement is taken 12 inches above the soil line.
[Added 6-5-2024 by Ord. No. 24-12]
TREE CANOPY
The top layer or crown of mature trees.
TREE FARM
A commercial operation engaged in growing trees under intensive management practices for use in another location.
TREE REMOVAL
To kill or to cause irreparable damage that leads to the decline and/or death of a tree. This includes, but is not limited to, excessive pruning, application of substances that are toxic to the tree, over-mulching or improper mulching, and improper grading and/or soil compaction within the critical root radius around the base of the tree that leads to the decline and/or death of a tree. Removal does not include responsible pruning and maintenance of a tree, or the application of treatments intended to manage invasive species.
[Added 6-5-2024 by Ord. No. 24-12]
TRIP ENDS
The total of single or one-direction vehicle movements entering and leaving a specified land use or site over a designated period of time.
[Added 6-5-2024 by Ord. No. 24-12]
TRIP GENERATION
The total number of vehicle trip ends produced by a specific land use or activity.
[Added 6-5-2024 by Ord. No. 24-12]
TRUCKING TERMINAL
An area and building where trucks load and unload cargo and freight and where the cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation. Trucking terminals do not include wholesale or retail distribution facilities.
[Added 6-5-2024 by Ord. No. 24-12]
TUTORING
The teaching or instruction of academic subjects to not more than four students simultaneously.
TWO-FAMILY HOUSING
Two units connected by a common wall but having separate, complete living accommodations, including kitchen and bathroom.
USE
The purpose or activity for which land or buildings are designed, arranged, or intended or for which land or buildings are occupied or maintained.
[Added 6-5-2024 by Ord. No. 24-12]
UTILITIES
The generation, transmission, and/or distribution of electricity, gas steam, communications, and water; the collection and treatment of sewage and solid waste; and the provision of mass transportation.
[Added 6-5-2024 by Ord. No. 24-12]
VARIANCE
Permission to depart from the literal requirements of the provisions of this chapter pursuant to § 296-6.
VEGETATION PROTECTION
Stabilization of erosive or sediment-producing areas by covering the soil with permanent seeding, producing long-term vegetative cover; short-term seeding, producing temporary vegetative cover; or sodding, producing areas covered with a turf or perennial sod-forming grass.
VEHICLE (Off-Road)
Any motorized vehicle, when used for recreational travel on trails, non-highway roads and cross-country travel over natural terrain; such vehicles include but are not limited to: motorcycles, dune buggies, snowmobiles, and all-terrain vehicles.
[Added 6-5-2024 by Ord. No. 24-12]
VETERAN
A person who served in the active United States military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable.
[Added 6-5-2024 by Ord. No. 24-12]
VETERINARIAN
A medical office where animals are given medical care and the boarding of animals is limited to short-term care incidental to the medical procedures performed.
[Added 6-5-2024 by Ord. No. 24-12]
VETERINARY HOSPITAL
A medical facility where animals are given medical care and up to twenty-four-hour emergency care. Boarding of animals is incidental to the medical care given on-site and may be longer term.
[Added 6-5-2024 by Ord. No. 24-12]
WAIVER
Permission to depart from the requirements of an ordinance with respect to the submission of required documents.
[Added 6-5-2024 by Ord. No. 24-12]
WAREHOUSE
Any building or structure in which the principal use involves the storage of goods and materials.
WATER BODIES
Any natural or artificial collection of water, whether permanent or temporary.
[Added6-5-2024 by Ord. No. 24-12]
WATERCOURSE
Any natural or artificial waterway, 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 of floodwater.
WETLANDS, FRESHWATER
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 adapted for life in saturated soil conditions.
[Added 6-5-2024 by Ord. No. 24-12]
WHOLESALE BUSINESS
Any building, premises or land in which or upon which the principal business, operation or industry involves any handling and resale of goods in comparatively large quantities to others, but not usually to the ultimate consumer of an individual item.
YARD
An open space which lies between the principal building or group of buildings and the nearest lot line and which is unoccupied and unobstructed from the ground upward, except as herein permitted.
A. 
YARD, FRONT or FRONT YARDAn open space extending the full width of the lot between a principal building and the front lot line, unoccupied and unobstructed from the ground upward, except as may be specified elsewhere in this chapter.
B. 
YARD, REAR or REAR YARDAn open space extending the full width of the lot between a principal building and the rear lot line, unoccupied and unobstructed from the ground upward, except as may be specified elsewhere in this chapter.
C. 
YARD, SIDE or SIDE YARDAn open space extending from the front lot line to the rear lot line between a principal building and the nearest lot line, unoccupied and unobstructed from the ground upward, except as may be specified elsewhere in this chapter.
ZONING BOARD OF ADJUSTMENT
The Zoning Board of Adjustment of the Township.
ZONING OFFICER
See "administrative officer."
[Added 6-5-2024 by Ord. No. 24-12]
ZONING PERMIT
A document signed by the administrative officer:
A. 
Which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building; and
B. 
Which acknowledges that such structure or building complies with the provisions of Part 3, Zoning, of this chapter or variance therefrom duly authorized by the appropriate Municipal Agency.
[1]
Editor's Note: N.J.A.C. 5:93 expired 10-16-2016.
[2]
Editor's Note: The former definition of "barbershop and beauty shop," which immediately followed this definition, was repealed 6-5-2024 by Ord. No. 24-12.
[3]
Editor's Note: The definition of "common open space" which immediately followed this definition, was repealed 11-18-2020 by Ord. No. 20-30. See the definition of "open space, common" in this section.
[4]
Editor's Note: See Ch. 230, Construction Codes, Uniform.
[5]
Editor's Note: The definition of "flood map," which immediately followed this definition, was repealed 11-18-2020 by Ord. No. 20-30. The former definitions of "floodplain" and "floodplain (500-year)," both adopted 11-18-2020 by Ord. No. 20-30, which immediately followed this definition, were repealed 6-5-2024 by Ord. No. 24-12.
[6]
Editor's Note: The former definition of "institution," which immediately followed this definition, was repealed 6-5-2024 by Ord. No. 24-12.
[7]
Editor's Note: The former definition of "multiple-family dwelling," which immediately followed this definition, was repealed 6-5-2024 by Ord. No. 24-12. See now "multifamily dwelling."
[8]
Editor's Note: The former definition of "planned residential development," which immediately followed this definition, was repealed 6-5-2024 by Ord. No. 24-12 and included as Subsection B of this definition.
[9]
Editor's Note: See Part 6, Tree Removal and Replacement, of this chapter.
[10]
Editor's Note: The former definition of "selective cutting," which immediately followed this definition, was repealed 6-5-2024 by Ord. No. 24-12.
[11]
Editor's Note: The former definition of "silviculture," which immediately followed this definition, was repealed 6-5-2024 by Ord. No. 24-12.