Certain words, phrases and terms in this chapter are
defined as follows:
ACCESSORY USE OR BUILDING
A subordinate use, the purpose of which is incidental to
that of main use or buildings on the same lot, excluding that of a
deck.
ADMINISTRATIVE OFFICER
The Land Use Officer of the Township of Howell. There shall
be two deputy administrative officers one of whom shall be the administrative
secretary of the Planning Board who shall assist the Land Use Officer
in the processing of applications to the Planning Board and the other
of whom shall be the administrative secretary of the Zoning Board
of Adjustment who shall assist the Land Use Officer in applications
to the Zoning Board of Adjustment.
ADULT CABARET
A building or portion of a building regularly featuring dancing
or other live entertainment if the dancing or entertainment that constitutes
the primary live entertainment is distinguished or characterized by
an emphasis on the exhibiting of specific sexual activities or specified
anatomical areas for observation by patrons therein.
[Added 5-15-2007 by Ord. No. O-07-19]
ADULT DAY-CARE CENTER
A senior care location that is open during normal business
hours which provides nonmedical care services, supervision, and social
interaction for the elderly. Stand-alone facilities shall be considered
as principal uses. Adult day-care facilities shall be accessory uses
in skilled nursing facilities and assisted living facilities to the
extent that any such facilities exist.
[Added 4-9-2013 by Ord. No. O-13-07]
ADULT MEDIA
Magazines, books, videotapes, movies, slides, CD-ROMs, DVDs
or other devices used to record images, or other media that are distinguished
or characterized by their emphasis on matter depicting, describing,
or relating to explicit sexual material.
[Added 5-15-2007 by Ord. No. O-07-19]
ADULT MEDIA STORE
An establishment that rents and/or sells adult media or explicit
sexual material, and that advertises or holds itself out in any forum
as "XXX," "Adult," "sex," or otherwise as a sexually oriented business.
[Added 5-15-2007 by Ord. No. O-07-19]
ADULT MOTION-PICTURE THEATER
An establishment emphasizing or predominantly showing sexually
oriented movies.
[Added 5-15-2007 by Ord. No. O-07-19]
AGRICULTURAL USE
Land which is devoted to the production of plants and animals
useful to man, including but not limited to forages, and sod crops,
grain and feed crops; dairy animals and dairy products; livestock,
including beef, cattle, sheep, swine, horses, ponies, mules or goats,
including the breeding, boarding, training and grazing of any or all
such animals except that livestock shall not include dogs; bees and
apiary products; fur animals; trees and forest products, or when devoted
to and meeting the requirements and qualifications for payments or
other compensation pursuant to a soil conservation program under an
agreement with an agency of the federal government.
[Amended 10-16-2007 by Ord. No. O-07-41]
ANTENNA
A conventional apparatus other than an earth or ground terminal
used for the reception of television, radio and amateur radio communications.
APARTMENT or DWELLING UNIT
A room, or suite of two or more rooms, which is designed
for, intended for or occupied by one family living as an independent
unit doing its own cooking.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, conditional
use, zoning variance or direction of the issuance of a permit pursuant
to N.J.S.A. 40:55D-34 or 40:55D-36.
APPROVING AUTHORITY
The Planning Board unless a different agency is designated
in the text of this chapter when acting pursuant to the authority
of the Municipal Land Use Law.
ASSISTED-LIVING FACILITY
A facility licensed by the New Jersey Department of Health
and Senior Services to provide apartment-style housing and congregate
dining and to assure that assisted-living services are available when
needed for four or more adult persons unrelated to the proprietor
and that offers units containing, at a minimum, one unfurnished room,
a private bathroom, a kitchenette and a lockable door on the unit
entrance. Such facilities may provide a variety of continuum-of-care
services that include independent living, assisted living and acute-care
beds and the accessory uses that are customarily incidental to and
located on the same lot as the principal use. Such accessory uses
shall be for the exclusive use of the residents and their guests and
the staff of the facility.
[Added 2-23-2021 by Ord. No. O-21-5]
AUTOMOBILE REPAIR SERVICES/AUTO BODY
General repair, rebuilding, or reconditioning of engines,
motor vehicles, or trailers, including bodywork, welding, and major
painting service.
[Added 7-18-2017 by Ord.
No. O-17-24]
AUTOMOBILE SALES (NEW AND USED AUTOMOBILES)
The use of any building, land area, or other premises principally
for the display, sale, rental, or lease of new or used automobiles
(but may include light trucks or vans, trailers, or recreation vehicles),
and including any vehicle preparation, warranty, or repair work conducted
as an accessory use.
[Added 7-18-2017 by Ord.
No. O-17-24]
AUTOMOBILE SERVICE STATION
Any building, land area, or other premises, or portion thereof,
used for the retail dispensing or sales of vehicular fuels; servicing
and minor repair of automobiles; and including as an accessory use
the sale and installation of lubricants, tires, batteries, and similar
vehicle accessories.
[Amended 7-18-2017 by Ord. No. O-17-24]
BANQUET/EXHIBITION FACILITIES
A building or portion thereof for rent by the public which
has a principal intended use of holding meetings, receptions, parties,
banquets, dinners, lunches, breakfasts, and other gatherings of people,
whether food is prepared and sold on-site for profit or not. This
use also includes professional business/corporate events, expositions
and trade show events. Excluded events include concerts, nightclubs
and "pay-per-head" or "door-entry-fee" types of events.
[Added 6-14-2022 by Ord.
No. O-22-21; amended 12-12-2023 by Ord. No. 23-39]
BASEMENT
A story partly underground and having more than 1/2 of its
height above ground.
BOARD OF ADJUSTMENT
The board established pursuant to N.J.S.A. 40:55D-69 of the
Municipal Land Use Law.
BUILDABLE AREA
The portion of any lot not included in required yard areas.
BUILDING
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
BUILDING HEIGHT
The vertical distance measured from the average elevation
of the finished grade five feet from the foundation to the highest
point of a flat or shed roof, to the deckline of a mansard roof, and
to the average distance between the ridge and eaves for gable, hip
or gambrel roofs.
BULK SOLID WASTE CONTAINER
A container intended for construction waste material or other
refuse, excluding garbage, for the purpose of removing said material
from a site.
[Added 11-12-2014 by Ord. No. O-14-32]
CELLAR
A story partly underground which has less than half its height
above ground level.
CHARITABLE ORGANIZATION
Any benevolent, philanthropic, patriotic, eleemosynary, fraternal
and religious organizations which are tax exempt organizations pursuant
Section 501(c) or (d) of the Internal Revenue Code of 1986.
CHILD-CARE CENTERS
Child-care centers for which, upon completion, a license
is required from the Department of Human Services pursuant to P.L.
1983, c. 492 (N.J.S.A. 30:5B-1 et seq.).
[Added 7-18-2017 by Ord.
No. O-17-24]
CHURCH, SYNAGOGUES AND OTHER PLACES OF WORSHIP
A building or group of buildings, including customary accessory
buildings, designed or intended for worship. This and the term "house
of worship" shall include chapels, congregations, cathedrals, synagogues,
mosques, temples and similar designations.
[Added 6-14-2022 by Ord.
No. O-22-21]
CIRCULATION
Systems, structures and physical improvements for the movement
of the people, goods, water, air, sewage or power by such means as
streets, highways, railways, waterways, towers, airways, pipes and
conduits, and the handling of people and goods by such means as terminals,
stations, warehouses, and other storage buildings or transshipment
points.
CLUB POOLS AND RECREATION AREAS
An area devoted to a use of property which allows the public
to take an active part in games, sports, hobbies, cookouts, picnics,
nature walks, swimming, water sports and similar informal activities
enjoyed out of doors. It shall not include the holding of such activities
as theater, plays, concerts, or the like, or any other activity which
encourages large gatherings of people in one area at one time and
their nearly simultaneous arrival and departure, all of which make
such uses inappropriate and incompatible with a residential area,
whether such activities are held indoors or out of doors.
COAH
The New Jersey Council on Affordable Housing established
under the Fair Housing Act and which has primary jurisdiction for
the administration of housing obligations in accordance with sound
regional planning considerations in the state.
[Added 11-15-2004 by Ord. No. O-04-63]
COMMON OPEN SPACE
An open space area within or related to a site designated
as a development, and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of the residents and owners
of the development.
COMMUNITY DEVELOPMENT CONDITIONALLY EXEMPT SITE PLAN REVIEW
COMMITTEE
There is hereby established a Community Development Conditionally Exempt Site Plan Review Committee whose purpose is to review and approve/disapprove conditionally exempt site plans that are conditionally exempt from site plan approval from the Planning Board or the Zoning Board as provided in §
188-110. The membership of the Committee shall consist of the Director of Land Use/Planning and Zoning, Township Engineer, Director of Community Development and Township Attorney.
[Added 8-20-2013 by Ord. No. O-13-15]
COMPLETE APPLICATION
An application that has been deemed complete for the purposes
of certification and commencing the applicable time periods for action
by the approving authority that all forms and maps and accompanying
documents required by the checklist adopted by this chapter are filed
with the Planning Board or Zoning Board of Adjustment. The approving
authority may require such additional information not specified in
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 approval of the application have been made.
An application shall be certified as complete immediately upon the
meeting of all requirements specified in the checklist adopted by
this chapter. It shall be deemed complete as of the day it is so certified
by the administrative officer for purposes of commencement of the
time periods for action by the Planning Board or Zoning Board of Adjustment.
If the applicant requests that one or more of the submission requirements
be waived, the approving authority shall grant or deny the request
within 45 days thereafter, and the application shall not be deemed
complete, if the request is denied, until 45 days after the submission
requirements not waived have been submitted by the applicant to the
approving authority.
COMPOSTING
A controlled process of degrading organic matter by microorganisms.
CONDITIONAL USE
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in the Zoning Ordinance, and upon the issuance of an
authorization therefor by the Planning Board.
CONSTRUCTION TRAILER/CONTAINER/PORTABLE STRUCTURE
A trailer, portable temporary container, or portable structure
with or without axles and wheels intended to support construction
activity at a site with an active building permit.
[Added 11-12-2014 by Ord. No. O-14-32]
CRAFT DISTILLERY
A facility holding a limited license issued by the State
of New Jersey pursuant to N.J.S.A. 33:1-10(3d) for the distillation
of alcoholic beverages.
[Added 2-23-2021 by Ord. No. O-21-5]
CRITICAL AREA
For purposes of the Recreational-Residential Community Zone
(RFC) hereinafter created, land exhibiting slope, alluvial soils,
seasonal high-water table and as specifically shown on the Howell
Township Natural Resource Inventory, Plates No. 1 and 6, as delineated
wetland areas as determined by the United States Corps of Engineers.
DEVELOPER
The legal or beneficial owners or owners of a lot or of any
land proposed to be included in a proposed development including the
holder of an option or contract through purchase or other person having
an enforceable proprietary 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 land
or extension of use of land, for which provision may be required pursuant
to this chapter.
DEVELOPMENT PERMIT
A document signed by the administrative officer which is
required by this chapter as a condition precedent to the commencement
of a use or the erection, construction, alteration, conversion or
installation of a structure or building for which an applicant has
secured subdivision and/or site plan approval from a municipal agency;
and which acknowledges that such use, structure or building complies
with the provisions of this chapter or any variances therefrom duly
authorized by a municipal agency under the provisions of the Municipal
Land Use Law.
DISTRIBUTION
Those facilities engaged in the receipt, storage, and distribution
of goods, products, cargo, and materials, including trans-shipment
by boat, rail, air, or motor vehicle. Distribution shall not include
fulfillment warehouse/center(s).
[Added 3-15-2022 by Ord.
No. O-22-6]
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff to minimize
erosion and sedimentation during and after construction or development
and means necessary for water supply preservation or prevention or
alleviation of flooding.
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of stormwater sewers
or drainage ditches, or requiring along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage in accordance with Chapter
One of Title 58 of the Revised Statutes.
DWELLING, DUPLEX
A detached or semidetached building where not more than two
individual family or dwelling units are entirely separated by vertical
walls or horizontal floors, unpierced, except for access to outside
or to a common cellar.
EARTH ANTENNA or GROUND TERMINAL
Any apparatus or device, commonly known as an earth terminal
antenna, earth terminal, earth station, satellite communications antenna,
satellite antenna, microwave dish antenna, or dish antenna and including
as part of such apparatus or device the main reflector, subreflector,
feed, amplifier and support structure which is designed for the purpose
of transmitting and/or receiving microwave, television, radio, satellite
or other electromagnetic energy signals into or from space, but not
including conventional personal television and radio and amateur radio
antenna.
ENTERTAINMENT USES
A recreational facility operated as a business and open to
the public for a fee.
[Added 7-18-2017 by Ord.
No. O-17-24]
ENVIRONMENTAL COMMISSION
The Environmental Commission of the Township of Howell created
pursuant to N.J.S.A. 40:56A-1 et seq.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
EXPLICIT SEXUAL MATERIAL
Stock-in-trade within an establishment that includes sexually
oriented toys or novelties and media that is characterized by sexual
activity which depicts human genitals is a state of sexual stimulation
or arousal or acts of human masturbation, sexual intercourse, sodomy,
or fondling or other erotic touching of human genitals, pubic region,
buttock, or female breast.
[Added 5-15-2007 by Ord. No. O-07-19]
FAMILY
One or more persons related by blood, adoption or marriage,
living and cooking together, as a single housekeeping unit, exclusive
of household servants. A number of persons, but not exceeding two,
living and cooking together as a single housekeeping unit though not
related by blood, adoption or marriage, shall be deemed to constitute
a family.
FARMING
Agricultural or horticultural activity as defined in this
chapter.
FENCE
Any structure or partition erected for the purpose of enclosing
a piece of land, or to divide a piece of land into two distinct portions
or to separate two contiguous lots.
FINAL APPROVAL
The official action of the Planning Board taken on a preliminarily approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees. Said map, and other documents as required in Articles
XIII and
XIV shall be submitted within three years of the date of preliminary approval or extension. The duration of said final approval shall be as set forth in N.J.S.A. 40:55D-52.
[Amended 12-16-2003 by Ord. No. O-03-43]
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 these regulations and meeting the requirements of Articles
XIII and
XIV of this chapter. Said map, and other documents as required in Articles
XIII and
XIV shall be submitted within three years of the date of preliminary approval or extension. The duration of said final approval shall be as set forth in N.J.S.A. 40:55D-52.
[Amended 12-16-2003 by Ord. No. O-03-43]
FINAL SITE PLAN
The final map of all or a portion of the site which is presented to the Planning Board for final approval pursuant to Article
XII of this chapter.
FLEA MARKET
For purposes of this chapter and any other provisions of
this Code, a single location within the Township of Howell wherein
there are multiple vendors who have paid a fee for the privilege of
occupying the space allotted to each vendor for the purpose of displaying
and selling items of tangible personal property. Said location may
be either open, enclosed or a combination of both. An "enclosed flea
market" shall mean a flea market at a single location enclosed in
a building or structure, rather than an open area not enclosed by
a building or structure.
FLEX SPACE
A building, or parts of a building, suitable for or capable
of being changed to accommodate a variety of permitted uses, and designed
to be used on a short- or long-term basis. A maximum of 20% of any
tenant space can be office. Flex space includes those businesses listed
under the Trade Contractor Business use, such as plumbers, electricians
and other trade occupations.
[Added 6-14-2022 by Ord.
No. O-22-21; amended 12-12-2023 by Ord. No. 23-39]
FLOOR AREA
The total floor area measured from the outside dimensions
of the structure; in residential structures, only those floor areas
which have a ceiling height of seven feet six inches or more shall
be eligible for inclusion in floor area; and in addition to and not
in limitation of the foregoing, also excluding porches (open or closed),
garages, cellars, finished, or unfinished steps, terraces, cornices,
eaves, gutters, bay windows and chimneys projected beyond the exterior
face of the walls of the structure.
FRONT YARD
The area extending across the full width of a noncorner lot
along a perpendicular line between the street line of and the front
of the building on such lot. The front of the building shall be determined
by the designation as such in an architectural rendering of such building.
If no such rendering is available, such determination shall be established
based on custom and usage. Notwithstanding the foregoing, for all
corner lots, "front yard" shall mean the area extending along a perpendicular
line between the street line of and any part of the building on such
lot.
FULFILLMENT WAREHOUSE/CENTER
Those facilities involved in receipt of bulk products and
the storage, separation and distribution of said products on an individual
basis to individual end-user consumers (not retail). This use includes
e-commerce activities.
[Added 3-15-2022 by Ord.
No. O-22-6]
GARAGES:
(1)
PUBLIC GARAGE- A building or part of a building or premises which is operated for commercial purposes and used for the storage, care or repair of motor vehicles, but a public garage shall not be used for the storage of dismantled or wrecked motor vehicles or parts thereof.
(2)
PRIVATE GARAGE- Buildings used for housing or storing of operating self-propelled motor vehicles.
GASOLINE STATION AND CONVENIENCE CENTER
A gasoline station and convenience store located on the same
lot and planned and operated and maintained as an integrated operation.
Typically a retail store designed to and stocked to sell primarily
food, beverages and other household supplies to the public in addition
to the retail sale of gasoline products, but where no automotive repair
is undertaken. The term may include accessory on-premises consumption
of food and beverages sold on site.
[Added 12-13-2011 by Ord.
No. O-11-47; amended 7-18-2017 by Ord. No. O-17-24]
GROSS ACRES
The total area included within the lot lines, as defined
under "lot area."
HEALTH CARE FACILITIES/MEDICAL CENTERS
A facility or institution, whether public or private, principally
engaged in providing services for health maintenance and the treatment
of mental or physical conditions. Specifically excluded are any type
of methadone clinics or similar rehabilitation treatment centers for
dependency-related issues that may or may not administer medications
or other forms of therapy.
[Added 7-18-2017 by Ord.
No. O-17-24]
HORTICULTURAL USE
Land which is devoted to the production of fruits of all
kinds, including grapes, nuts and berries; vegetables; nursery, floral,
ornamental and greenhouse products; or when devoted to and meeting
the requirements and qualifications for payments or other compensation
pursuant to a soil conservation program under an agreement with an
agency of the federal government.
HOUSE OF WORSHIP
See "church, synagogues and other places of worship."
[Added 7-18-2017 by Ord.
No. O-17-24; amended 6-14-2022 by Ord. No. O-22-21]
IMPROVED PUBLIC ROAD
Any street which has been dedicated and accepted prior to the adoption of this chapter, or which complies in width and construction with the standards set forth in the land subdivision regulations of Articles
XIII and
XIV of this chapter, and any amendments thereto, and has been accepted by the Township of Howell.
INCINERATION
A controlled process of consuming sludge, solid waste or
waste by fire so as to burn to ashes.
INDOOR RECREATION
A commercial recreational land use conducted entirely within
a building. These facilities may or may not include seating for spectators,
and providing accommodations for a variety of individualized, organized
or franchised sports.
[Added 7-18-2017 by Ord.
No. O-17-24]
INTERESTED PARTY:
(1)
In a criminal or quasi-criminal proceeding,
any citizen of the State of New Jersey.
(2)
In the case of a civil proceeding in any court
or in an administrative proceeding before a municipal agency, any
person, whether residing within or without the municipality, whose
right to use, acquire, or enjoy property is or may be affected by
any action taken under this chapter, or whose rights to use, acquire,
or enjoy property under this chapter, or under any law of the State
of New Jersey or of the United States have been denied, violated or
infringed by inaction or a failure to act under this chapter.
INTERIOR DRIVEWAYS
A section of pavement, not a thoroughfare, lying entirely
upon private property, over which no right-of-way for public travel
exists.
INTERSECTION
The location where two or more roadways cross at grade without
a bridge; a place of joining or crossing of streets or railroads.
[Added 7-18-2017 by Ord.
No. O-17-24]
JUNKYARD
The use of any lot for the storage, keeping or abandonment
of junk, including scrap metals or other scrap, used for secondhand
material, or for the dismantling, demolition or abandonment of structures,
automobiles or other vehicles, equipment and machinery or parts thereof;
provided, however, that this definition shall not be deemed to include
any of the foregoing uses which are accessory and incidental to any
agricultural or industrial use permitted in any zone. The term "junkyard"
as herein defined includes automobile wrecking yards.
LAND
Includes improvements and fixtures on, above or below the
surface.
LANDFILL
A disposal site in which refuse and earth or other suitable
cover material are deposited and compacted in alternate layers of
specified depth in accordance with an approved plan.
LANDSCAPE BUSINESS
A business whose primary activity involves the construction,
installation, or maintenance of yards, trees, lawns, shrubs, gardens,
or other related outdoor grounds. This use does not include dedicated
tree removal companies.
[Added 6-14-2022 by Ord.
No. O-22-21]
LOT
A designated parcel, tract, or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built open as a unit.
LOT AREA
The total horizontal area included within lot lines. Where
the front lot line is the center line of a street or lies in part
or in whole in the street area, the lot area shall not include that
part of the lot in use or to be used as the street.
LOT, CORNER
A lot or parcel of land abutting on two or more streets at
their intersection or on two parts of the same street forming an interior
angle of less than 135°.
[Amended 7-18-2017 by Ord. No. O-17-24]
LOT DEPTH
The shortest horizontal distance between the front line and
a line drawn parallel to the front lot line through the midpoint of
the rear lot line providing that in triangle lots having no rear lot
line the distance shall be measured to the mid-point of a line parallel
to the front lot line which parallel line shall not be less than 20
feet in length measured between its intersections with the side lot
lines.
LOT FRONTAGE
That portion of a lot extending along a street line. In existing
odd-shaped or triangle-shaped lots or proposed lots extending along
a curved street line, the length of the frontage may be considered
to be the same as the lot width except that such length of frontage
shall not be less than 1/2 of the minimum frontage required and in
no case less than 50 feet in length as measured along the street line,
except as otherwise provided in this chapter.
LOT WIDTH
The mean horizontal width measured at right angles to a lot
depth.
LOW INCOME
Fifty percent or less of the median gross household income
for households of the same size within the housing region in which
the household is located, based upon the United States Department
of Housing and Urban Development's (HUD) Section 8 income limits (uncapped)
averaged across counties for COAH's housing region.
[Added 11-15-2004 by Ord. No. O-04-63]
MAINTENANCE GUARANTEE
Any security other than cash which may be accepted by a municipality
for the maintenance of any improvements required by this chapter.
MASTER PLAN
A composite of one or more written or graphic proposals for
the development of the Township of Howell as set forth and adopted
pursuant to N.J.S.A. 40:55D-28 of the Municipal Land Use Law.
MICROBREWERY
A brewery holding a limited brewery license issued by the
State of New Jersey as defined by N.J.S.A. 33:1-10(b) that prepares
handcrafted natural beer in accordance with N.J.S.A. 33:1-10(b), Limited
brewery license. The sale of any product not created on site is prohibited.
[Added 7-18-2017 by Ord.
No. O-17-24]
MINOR SITE PLAN
A development plan of a lot on which is shown existing and proposed conditions and other information and data as specified in §
188-111.
[Added 8-20-2013 by Ord. No. O-13-15]
MINOR SUBDIVISION
Any subdivision containing not more than three lots, not
involving any new street or road or the extension of off-tract improvements,
and not involving property which was formerly part of a tract, for
which subdivision approval has been previously granted dividing the
original tract into three or more lots.
MODERATE INCOME
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 household is located, based upon the United States Department
of Housing and Urban Development's (HUD) Section 8 income limits (uncapped)
averaged across counties for COAH's housing region.
[Added 11-15-2004 by Ord. No. O-04-63]
MULTIGENERATIONAL FAMILY ACCOMMODATIONS
A dwelling area similar to those sometimes called a "mother-daughter
apartment," serving as secondary living space for a relative or relatives.
The multigenerational family accommodation shall be connected with
a door to the remainder of the residence and may have separate kitchen
appliances installed pursuant to codes. The multigenerational family
accommodation must have access to the main entrance of the house,
but is also permitted to have an entrance/exit to the side or rear
of the structure. Two front doors are strictly prohibited. The multigenerational
family accommodation shall be considered as an accessory apartment.
The property owner must enter into an agreement with the Township
of Howell to be recorded with the office of the Monmouth County Clerk,
specifying the persons permitted to occupy the accessory apartment
and agreeing to remove all kitchen appliances when the named parties
no longer reside there.
[Added 6-12-2018 by Ord.
No. O-18-8; amended 4-2-2019 by Ord. No. O-19-19]
MUNICIPAL AGENCY
The Planning Board, Board of Adjustment or governing body
when acting pursuant to this chapter.
NONCONFORMING LOT
A lot the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of this chapter, but
fails to conform to the requirements of the zoning district in which
it is located by reasons 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 the Zoning
Ordinance but which fails to conform to the requirements of the zoning
district in which it is located by reasons of such adoption, revision,
or amendment.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption,
revision or amendment of the Zoning Ordinance, but which fails to
conform to the requirements of the zoning district in which it is
located by reasons of such adoption, revision or amendment.
OFFICIAL MAP
A map adopted in accordance with N.J.S.A. 40:55D-32 et seq.
Such map shall be deemed to be conclusive with respect to the location
and width of the streets, public areas, flood control basins, and
public drainageways shown thereon.
OFF SITE
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a development application or contiguous portion of a street or
right-of-way.
OFF TRACT
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
ON SITE
Located on the lot in question.
ON TRACT
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
OPEN SPACES
Any parcel of land or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
area 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 may
include farm land set aside in perpetuity intended for the preservation
of the farming use.
[Amended 3-4-2002 by Ord. No. O-02-6]
OUTDOOR STORAGE
The keeping, other than in a building, of any goods, storage
containers, junk, material, merchandise, or vehicles on the same site
for more than 24 hours.
[Added 6-14-2022 by Ord.
No. O-22-21]
PARKING SPACE
An area either within a structure or in the open for the
parking of motor vehicles. The area of a parking space is intended
to be of sufficient area to accommodate the exterior extremities of
the vehicles, whether in addition thereto wheel blocks are installed
within this area to prevent the bumper from overhanging one end of
the parking space. The width and length of each space shall be measured
perpendicular to each other and shall be as required by the provisions
of this chapter, regardless of the angle of the parking space to the
access aisle or driveway.
PLANNED RECREATIONAL - RESIDENTIAL COMMUNITY
An area within a specified zone to be developed with combined
recreational and residential uses which shall provide for one or more
residential clusters of single-family detached dwelling units and
developed in conjunction with certain specified recreational entities
including, but not limited to, golf courses, and which shall provide
for dedicated recreational areas and dedicated open space and which
shall be designed to maximize the preservation of recreational area,
open space and the environment.
PLAT
A map or maps of a subdivision or site plan.
POOL CABANA
An accessory structure permitted to a lawfully existing and
approved swimming pool on a residential property to be used for recreational
or storage purposes associated with the residential use of the property.
The cabana must be seasonal (closed for at least 90 days) and is not
permitted to have heating equipment, bedroom/overnight accommodations,
an indoor shower or any kind of indoor cooking amenities.
[Added 4-2-2019 by Ord.
No. O-19-19]
PORTABLE STORAGE CONTAINER
A self-storage container that is delivered to and retrieved
from a home or business for long-term off-site or on-site storage.
Portable Storage On Demand or "PODS" is a familiar trade name for
such containers. These containers are not on a chassis and do not
have axles or wheels.
[Added 11-12-2014 by Ord. No. O-14-32]
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to this chapter
for subdivision or site plan approval and 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 of its site and immediate environs.
PRELIMINARY SITE PLAN
The preliminary map indicating the tentative layout of the proposed development including required engineering documents submitted to the Planning Board for its consideration and preliminary approval and meeting the requirements of Article
XII of this chapter.
PRELIMINARY SUBDIVISION PLAT
The preliminary map indicating the proposed layout of the subdivision which is submitted to the Planning Board for its consideration and preliminary approval and meeting the requirements of Article
XIII of this chapter.
PROPERTY USE PERMIT
A document signed by the land use official of the Township
which is required by this chapter as a condition precedent to the
commencement of any use or the erection, construction, alteration,
conversion or installation of a structure or building; and which acknowledges
that an application has complied with all administrative requirements
as to said use, structure or building and that such use, structure
or building as constructed, installed or constituted actually conforms
to the requirements of this chapter or any variance therefrom duly
authorized by a municipal agency under the provisions of the Municipal
Land Use Law. If the use is not permitted in the zone or if there
exists any violation of the bulk requirements, then the land use official
shall require the applicant to acquire a variance through the Board
of Adjustment.
PUBLIC AREAS
(1)
Public parks, playgrounds, trails, paths and
other recreational areas;
(2)
Other open public spaces;
(3)
Scenic and historic sites;
(4)
Sites for schools and other public buildings
and structures.
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.
QUORUM
A majority of the full authorized membership of a municipal
agency.
REAR YARD
The area extending across the full width of a lot along a
perpendicular line between the rear lot or street line of and the
rear of the building on such lot. The rear of the building shall be
determined by the designation as such in an architectural rendering
of such building. If no such rendering is available, such determination
shall be established based on custom and usage.
RESIDENTIAL CLUSTER
An area to be developed as a single entity according to a
plan containing residential housing units which have a common or open
public space as an appurtenance.
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential
land area including streets, easements and open space portion of the
development.
RESIDENTIAL STRUCTURE, ONE-STORY
A residential structure having all its living area on a single
level or on multiple levels which have not more than a one foot three
inch separation between floor levels, with not less than seven foot
ceilings.
RESIDENTIAL STRUCTURE, ONE-AND-ONE-HALF-STORY
A residential structure having one living level meeting the
definition of a "one story", and a second living level of which any
two exterior sides meet a sloping roof not more than two feet above
the floor of such story, with a separation of at least seven feet
between the two levels.
RESIDENTIAL STRUCTURE, TWO-STORY
A residential structure having two separate living levels,
each meeting the definition of a "one story" having a separation of
at least seven feet between the two levels.
RESUBDIVISION
(1)
The further division or relocation of lot lines
of any lot or lots within a subdivision previously made and approved
or recorded according to law; or
(2)
The alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument.
RETAIL SALES
Establishments engaged in the buying and reselling or rental
of goods or merchandise (usually to the general public for personal
use or household consumption, although they may also serve business
and institutional clients) and in rendering services incidental to
the sale of such goods.
[Added 7-18-2017 by Ord.
No. O-17-24]
RETAIL SERVICES
Establishments providing services, as opposed to products,
to the general public for personal or household use, including finance,
real estate, and insurance offices, personal services, health, educational,
and social services, museums and galleries.
[Added 7-18-2017 by Ord.
No. O-17-24]
RIGHT-OF-WAY (ROW)[Added 7-18-2017 by Ord. No. O-17-24]
(1)
A strip of land acquired by reservation, dedication, prescription,
or condemnation and intended to be occupied by a street, crosswalk,
railroad, electric transmission lines, oil or gas pipeline, waterline,
sanitary storm sewer, or other similar uses;
(2)
Generally, the right of one to pass over the property of another.
SCHOOL
See §
188-93 for definition and requirements.
[Added 7-18-2017 by Ord.
No. O-17-24]
SCHOOL, COMMERCIAL
An establishment which, for a fee or other valuable consideration,
offers courses such as, but not limited to, martial arts, music, art,
business subjects, and computer technology to more than one pupil
at a time. Specifically excluded from this definition are public,
private and parochial schools.
[Added 7-18-2017 by Ord.
No. O-17-24]
SEDIMENTATION
The deposition of soil that has been transported from its
site or origin by water, ice, wind, gravity, or natural means as a
product of erosion.
SELF-STORAGE FACILITY
A building or group of buildings designed and used only for
renting or leasing individual and private storage spaces of varying
sizes to store their personal property. Oversized vehicle, recreational
vehicle and boat parking is permitted in a screened rear or side yard.
Storage trailers, tractor trailers and commercial vehicle parking
is prohibited.
[Added 3-21-2023 by Ord. No. 23-7]
SEWAGE PUMPING STATION
Wastewater pumping facilities that convey wastewater from
a lower elevation or remote location to a gravity collection/interceptor
sanitary sewer main system, and that serves more than two buildings
or structures, or conveys 8,000 gallons per day or more of wastewater
flow, and which requires a treatment works approval from the New Jersey
Department of Environmental Protection. The wastewater pumping facilities
would normally consist of a wet well or receiving chamber, two pumps
or ejector compressors, an alarm and telemetry system, a power supply
including provision for a secondary power source (i.e., generator),
valves, and appurtenances, and be located within a fence-enclosed
site. The wastewater pumping facilities may be located totally below
grade or partially above grade, with or without auxiliary structures
and site amenities.
SEX SHOP
An establishment offering goods for sale or rent in any two
of the following categories: (a) adult media (b) lingerie (c) sexually
oriented toys or novelties.
[Added 5-15-2007 by Ord. No. O-07-19]
SEXUALLY ORIENTED BUSINESS
An inclusive term used to describe collectively: adult cabaret,
adult media store, adult motion-picture theatre, video arcade and/or
sex shop.
[Added 5-15-2007 by Ord. No. O-07-19]
SEXUALLY ORIENTED TOYS OR NOVELTIES
Instruments, devices, or paraphernalia either designed as
representations of human genital organs or female breasts, or designed
or marketed primarily for use to stimulate human genital organs.
[Added 5-15-2007 by Ord. No. O-07-19]
SHOPPING CENTER
A group of commercial establishments planned, constructed
and managed as a total entity, with customer and employee parking
provided on site, provision for goods delivery separated from customer
access, aesthetic considerations and protection from the elements,
and landscaping and signage in accordance with an approved plan.
[Added 6-24-2014 by Ord. No. O-14-11; amended 7-18-2017 by Ord. No. O-17-24]
(1)
Superregional center includes retail, office, and service uses,
occupies more than 100 acres, has four or more anchor stores, and
contains more than 1,000,000 square feet of gross leasable space.
(2)
Regional shopping center contains a wide range of retail and
service establishments, occupies 50 to 100 acres of land, has at least
one or more anchor stores, and contains more than 400,000 square feet
of gross leasable space. It draws its clientele from as much as a
forty-five-minute drive away.
(3)
Community shopping center features a discount store or supermarket,
contains approximately 150,000 square feet of gross leasable area,
and has a site area of 10 to 25 acres. Its clientele draw is approximately
a ten-minute drive from the center.
(4)
Neighborhood shopping center generally offers goods necessary
to meet daily needs, occupies up to 10 acres, has up to 100,000 square
feet of gross leasable area, and draws its clientele from a five-minute
driving radius from the center.
SIDE YARD
The area extending from the front yard to the rear yard and
lying along a perpendicular line between the side lot line and a side
of the building closest to such side lot line. The side of the building
shall be determined by the designation as such in an architectural
rendering of such building. If no such rendering is available, such
determination shall be established based on custom and usage.
SITE PLAN
A development plan on one or more lots on which is shown:
(1)
The existing and proposed conditions of the
lot, including, but not necessarily limited to, topography, vegetation,
drainage, floodplains, marshes and waterways;
(2)
The location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting,
screening devices; and
(3)
Any other information that is required pursuant
to this chapter.
SLUDGE
Solids removed from sewage during wastewater treatment and
generally disposed of by incineration, dumping or burial.
SOLAR ENERGY GENERATION FACILITY
A system of fuel cells, solar or photovoltaic panels and
equipment or energy generation facility or area of land principally
used to convert solar energy to electricity.
[Added 5-24-2011 by Ord. No. O-11-13]
SOLID WASTE
Unwanted or discarded material, including waste materials
with insufficient liquid to be free flowing.
STANDARDS OF PERFORMANCE
(1)
Standards adopted by ordinance regulating noise
levels, glare, earthborne or sonic vibrations, heat, electronic or
atomic radiation, noxious odors, toxic matters, explosive and inflammable
matters, smoke and airborne particles, waste discharge, screening
of unsightly objects or conditions and such other similar matters
as may be reasonably required by the Township of Howell; or
(2)
Standards required by applicable federal or
state laws or municipal ordinances.
STANDBY GENERATOR SYSTEMS
Any internal combustion driven engine system permanently
installed in its entirety, including connections to the premises'
wiring system. The standby system shall be used to supply alternate
power during the interruption of the normal utility electrical supply.
The system is not intended to be used as a primary source of power
or used when power is disconnected by the utility for lack of payment
of bill.
[Added 11-1-2011 by Ord. No. O-11-38]
STORY
That portion of a building comprised between a floor and
the floor next above it. A "half story" is between a floor and the
roof with a height of not less than 7 1/2 feet of clear space
above at least 1/3 of the floor area.
STREET
Any street, avenue, boulevard, road, land, parkway, viaduct,
alley or other way which is an existing state, county, or municipal
roadway, or a street or way shown upon a plat heretofore approved
pursuant to law or approved by official action or a street or way
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. For the purpose of this chapter, streets
shall be classified as follows:
(1)
Arterial streets are those which are used primarily
for fast or heavy traffic.
(2)
Collector streets are those which carry traffic
from minor streets to the major system of arterial streets including
the principal entrance streets of a residential development and streets
for circulation within such a development.
(3)
Minor streets are those which are used primarily
for access to the abutting properties.
(4)
Marginal access streets are streets which are
parallel to and adjacent to arterial streets and highways and which
provide access to abutting properties and protection from through
traffic.
(5)
Alleys are minor ways which are used primarily
for vehicular service access to the back or the side of properties
otherwise abutting on a street.
STRIP COMMERCIAL DEVELOPMENT
Commercial or retail uses, usually one story high and one
story deep, that fronts on a major street.
[Added 7-18-2017 by Ord.
No. O-17-24]
STRUCTURE
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above, or below the surface
of a parcel of land. A wood deck may be freestanding or attached to
a building, consisting of footings, frame, decking, railings and stairs.
A freestanding deck may be multilevel but shall not exceed four feet
in height. An attached deck may be multilevel but shall not exceed
two stories in height. At no time shall a deck be enclosed so as to
form a habitable room or space.
STRUCTURAL ALTERATIONS
Any change in the supporting members of a building, such
as bearing walls, columns, beams, or girders or in the utility system
or mechanical equipment of a structure which materially alters its
usability, capacity or function.
SUBDIVISION
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 except that the following divisions shall not be considered
subdivisions; provided, however, that no new streets or roads are
involved: divisions of land found by the Planning Board to be for
agricultural purposes where the resulting parcels are five acres or
larger in size; or divisions of property by testamentary or intestate
provisions, or divisions of property upon court order. Subdivision
also includes "resubdivision."
TEMPORARY STORAGE STRUCTURE
A portable storage container or unit that does not have a
permanent foundation or footing and which includes portable storage
containers, construction trailers, and bulk solid waste containers.
Such structures shall not be considered a building or accessory structure.
[Added 11-12-2014 by Ord. No. O-14-32]
TOWNHOUSE
One dwelling unit in a line of three or more attached dwelling
units, with each dwelling unit from ground to roof, and having individual
outside access.
TRADE CONTRACTOR BUSINESS
A facility primarily used for the storage of materials, equipment,
and vehicles associated with the business of a trade contractor, such
as a plumber, electrician, carpenter, mason, or other similar building-
and construction-related contractors, craftsmen, or tradesmen. Such
facility may include accessory office space.
[Added 6-14-2022 by Ord.
No. O-22-21]
TRAILER, AUTOMOBILE TRAILER, or TRAILER COACH
Any vehicle or structure designed and constructed in such
a manner as will permit its being used as a conveyance upon the public
streets or highways and shall include self-propelled and non-self-propelled
vehicles so designed, constructed, reconstructed or added to by any
means in such a manner as will permit the occupancy thereof as a dwelling
or sleeping place for one or more persons, and having no foundation
other than wheels, jack or skirtings when located in a duly licensed
trailer coach park.
TRAILER PARK
Any site, lot, field, or tract of land upon which one or
more occupied trailers are harbored either free of charge or for revenue
purposes and shall include any building, structure, tent, vehicles
or enclosures used or intended for use as a part of the equipment
of such trailer coach park.
VARIANCE
Permission to depart from the literal requirements of this
chapter pursuant to N.J.S.A. 40:55D-60 (Subsections 57C and 57D) under
N.J.S.A. 40:55D-70 of the Municipal Land Use Law.
VIDEO ARCADE BOOTH or VIDEO VIEWING BOOTH
Any booth, cubicle, stall, or compartment that is designed,
constructed, or used to hold or seat patrons and is used for presenting
motion pictures or viewing publications by any photographic, electronic,
magnetic, digital, or other means or media (including, but not limited
to, film, video or magnetic tape, laser disc, CD-ROM, DVD, books,
magazines, or periodicals) for observation by patrons therein.
[Added 5-15-2007 by Ord. No. O-07-19]
WAREHOUSING
Those facilities involved in short- to long-term storage
of bulk materials and products. Items are brought in and distributed
in bulk with little to no material repackaging, repurposing or breakup.
Warehousing shall not include fulfillment warehouse/center(s).
[Added 3-15-2022 by Ord.
No. O-22-6]
WASTE
(1)
Bulky waste items: the large size of which precludes
or complicates the handling by normal collection processing or disposal
method.
(2)
Construction demolition waste: building materials
and rubble resulting from construction, remodeling, repair and demolition
operations.
(3)
Hazardous waste: waste that requires special
handling to avoid illness or injury to persons or damage to property.
(4)
Special waste: Those wastes that require extraordinary
management.
(5)
Wood pulp waste: Wood and paper fiber residue
resulting from a manufacturing process.
(6)
Yard waste: Plant clippings, prunings and other
discarded materials from yards and gardens.
YARD
An open space, as may be required by this chapter, of uniform
width or depth on the same lot with a building or group of buildings,
which open space lies between the principal building or group of buildings
and the nearest lot line.
ZONING INSPECTOR
That person designated as the Zoning Inspector under Subsection
B(5), Zoning Inspector, of §
2-35, Department of Engineering, Planning and Land Use Development and Environmental Protection, of Chapter
2, Administration of Government of the Code of the Township of Howell.