As used in this chapter, the following words
and phrases shall have the meanings given in this section, as follows:
ACCESSORY APARTMENT
A self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters and a private entrance, which
is created within an existing home, or through the conversion of an
existing accessory structure on the same site, or by an addition to
an existing home or accessory building, or by the construction of
a new accessory structure on the same site.
[Added 5-26-2021 by Ord. No. 10-2021]
ACCESSORY BUILDING
A subordinate building, the use of which is customarily incidental to that of the principal building and which is used for an accessory use and is located on the same lot. In a residential district, a detached accessory building shall be on the same lot as the main building, shall be not more than 20 feet in height and shall conform to the yard requirements of the applicable district. See §§
285-25,
285-82,
285-188 and
285-247 for utility sheds and detached garages which are not covered by this definition.
ACCESSORY RESIDENTIAL USE
A use customarily carried on within a dwelling by the inhabitants
thereof, which use is incidental and subordinate to the residential
use. Accessory residential uses shall not be interpreted to include
the following: barber and beauty shops, retail sales of any nature,
boutiques, ceramics or pottery shops, nursery schools and day-care
centers, barber and beauty schools, tea rooms, convalescent homes,
stables, kennels, repair of internal combustion engines or other similar
uses.
ACCESSORY USE or ACCESSORY
A subordinate use conducted on the same lot as a principal
use to which it is related and located either within the same structures
or in an accessory structure or as an accessory use of land, except
that off-street parking need not be located on the same lot. It is
a use which is clearly incidental to and subordinate to and customarily
found in connection with a principal use.
ACT
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.), as has been subsequently amended.
[Added 5-26-2021 by Ord. No. 10-2021]
ADAPTABLE
Housing constructed in compliance with the technical design
standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
[Added 5-26-2021 by Ord. No. 10-2021]
ADMINISTRATIVE ACTIVITIES
Any business function in which there is not regular contact
with the general public and no materials, products, goods or prepared
foods are stored, except for office consumption.
ADMINISTRATIVE AGENT
The entity responsible for the administration of affordable
units in accordance with this article, N.J.A.C. 5:91, N.J.A.C. 5:93
and N.J.A.C. 5:80-26.1 et seq.
[Added 5-26-2021 by Ord. No. 10-2021]
ADMINISTRATIVE OFFICER
The Township Clerk, unless a different Township official
or officials are designated by ordinance or statute.
AFFIRMATIVE MARKETING
A regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
[Added 5-26-2021 by Ord. No. 10-2021]
AFFORDABILITY AVERAGE
The average percentage of regional median income by household
size at which restricted units in an affordable housing development
are affordable to low- and moderate-income households.
[Added 5-26-2021 by Ord. No. 10-2021]
AFFORDABLE
A sales price or rent level that is within the means of a
low- or moderate-income household as defined in N.J.A.C. 5:93-7.4;
in the case of an ownership unit, that the sales price for the unit
conforms to the standards set forth in N.J.A.C. 5:80-26.6, as may
be amended and supplemented, and, in the case of a rental unit, that
the rent for the unit conforms to the standards set forth in N.J.A.C.
5:80-26.12, as may be amended and supplemented.
[Added 5-26-2021 by Ord. No. 10-2021]
AFFORDABLE DEVELOPMENT
A housing development all or a portion of which consists
of restricted units.
[Added 5-26-2021 by Ord. No. 10-2021]
AFFORDABLE HOUSING DEVELOPMENT
A development included in the Housing Element and Fair Share
Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project or a 100% affordable development.
[Added 5-26-2021 by Ord. No. 10-2021]
AFFORDABLE HOUSING PLAN
The document required to be submitted to and approved by
the Planning Board on an application for inclusionary development.
The plan should include, at a minimum, the number of low- and/or moderate-income
units within the development, their location within the development
and their phasing within the development.
AFFORDABLE HOUSING PROGRAM(S)
Any mechanism in the Township's Fair Share Plan prepared
or implemented to address the Township's fair share obligation.
[Added 5-26-2021 by Ord. No. 10-2021]
AFFORDABLE RENTAL CHARGES
A monthly rent, including utilities charged to an eligible
very-low-, low- or moderate-income family which shall not exceed 30%
of their monthly gross income as calculated by N.J.A C. 5:93-7.4(f).
[Added 5-26-2021 by Ord. No. 10-2021]
AFFORDABLE UNIT
A housing unit proposed or created to be affordable in accordance
with the NJ Fair Housing Act, approved for crediting by the Court,
and/or funded through an affordable housing trust fund.
[Added 5-26-2021 by Ord. No. 10-2021]
AGENCY
The New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
[Added 5-26-2021 by Ord. No. 10-2021]
AGE-RESTRICTED UNIT
A housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that: 1) all the residents of the development where the unit
is situated are 62 years or older; or 2) at least 80% of the units
are occupied by one person that is 55 years or older; or 3) the development
has been designated by the Secretary of the U.S. Department of Housing
and Urban Development as housing for older persons as defined in Section
807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
[Added 5-26-2021 by Ord. No. 10-2021]
ALLEY
A minor way which may or may not be legally dedicated and
which is used primarily for vehicular service access to the rear or
side of properties abutting on a street.
ALTERATIONS
Includes, but is not limited to, the following:
A.
All incidental changes or replacement in the
nonstructural parts of a building or other structure.
B.
Minor changes or replacement in the structural
parts of a building or other structure, limited to the following examples
and others of similar character or extent:
(1)
Alteration of interior partitions to improve
livability in nonconforming residential buildings, provided that no
additional dwelling units are created thereby.
(2)
Alteration of interior partitions in all other
types of buildings or other structures.
(3)
Making windows or doors in exterior walls.
(4)
Strengthening the load bearing capacity of the
floor area to permit the accommodation of a specialized unit of machinery
or equipment.
ALTERNATIVE LIVING ARRANGEMENT
A building in which households live in distinct bedrooms,
yet share kitchen and plumbing facilities, central heat and common
areas. Alternative living arrangements include, but are not limited
to, transitional facilities for the homeless; Class A, B, C, D, and
E boardinghomes as regulated by the New Jersey Department of Community
Affairs; residential health-care facilities as regulated by the New
Jersey Department of Health; group homes for the developmentally disabled
and mentally ill as licensed and/or regulated by the New Jersey Department
of Human Services; and congregate living arrangements.
[Added 5-26-2021 by Ord. No. 10-2021]
AMBULATORY CARE FACILITY
A facility, regulated by the New Jersey Department of Health
and Human Services, in which preventive, diagnostic and treatment
services are provided to persons who come to the facility to receive
services and depart from the facility on the same day. In addition
to preventative, diagnostic and treatment services, an ambulatory
care facility may include a same-day surgical facility in which same-day
surgical cases (as defined by N.J.A.C. 8:43A-1.3) are performed and
which is licensed separately as an ambulatory surgery facility (the
ambulatory surgery facility may be physically connected to another
licensed facility, but it is corporately and administratively distinct).
[Added 3-8-2007 by Ord. No. 4-2007]
ANIMAL KENNEL
Any establishment wherein or whereon the business of boarding
or selling animals, or breeding animals for sale, is carried on, except
a pet shop.
ANIMAL POUND
An establishment for the confinement of animals seized under
the provisions of Township regulations, or otherwise.
ANIMAL SHELTER
Any establishment where animals are received, housed and
distributed.
APARTMENT HOUSE
A detached building containing three or more separate attached
dwelling units with common or separate entranceways, yard areas and
common facilities where one or more units are physically on top of
other units or adjoined side by side. Each apartment house, or group
of apartment houses, shall be erected and maintained in single and
separate ownership or by a condominium, as provided for from time
to time by state law.
APARTMENTS, MID-RISE
A group of multifamily dwellings, architecturally designed
with some of the units placed on top of other units, for sale or rental
of the individual units in an elevator apartment structure of no less
than four stories and no more than six stories in height.
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, planned
development, conditional use, zoning variance or direction for the
issuance of a permit pursuant to the Municipal Land Use Law.
APPROVAL, PRELIMINARY
The conferral of certain rights as specified in the Municipal
Land Use Law prior to final approval after specific elements of a
development plan have been agreed upon by the Planning Board and the
applicant.
APPROVING AUTHORITY
The Planning Board or Zoning Board of Adjustment, unless
a different agency is designated by this chapter.
ASSISTED-LIVING RESIDENCE or ASSISTED-LIVING FACILITY
An establishment licensed by the New Jersey Department of
Health and Senior Services to provide apartment-style housing and
congregate dining for four or more adult persons unrelated to the
proprietor, and a coordinated array of supportive personal and health
services, available 24 hours per day, to residents who have been assessed
to need help with the activities of daily life, including residents
who require formal long-term care. Such facilities will offer units
containing, at a minimum, one unfurnished room, a private bathroom,
a kitchenette and a lockable door on the unit entrance.
[Added 5-26-2021 by Ord. No. 10-2021]
AUTOMOBILE SALES BUILDING
A building used for the sale of, hire of or remuneration
from automotive and other vehicles and equipment. This shall be interpreted
to include auto accessory sales rooms but not the sale of junked vehicles
and equipment.
AUTOMOTIVE AND/OR TRAILER SALES AREA
An open area, other than a public or private street or way,
used for the display or sale of new and used vehicles, trailers, trucks
or farm equipment and where no repair work is done except that which
is minor and incidental to the sale.
AUTOMOTIVE GARAGE
Any premises used for the repair or servicing of vehicles,
but not including automotive salvage.
AVERAGE GROSS RESIDENTIAL DENSITY
The number of dwelling units per acre, computed by dividing
the number of dwelling units which the applicant is permitted to construct
by the number of acres in the development, excluding acreage devoted
to commercial use.
BASEMENT
That portion of a building which is partly below and partly
above grade and having at least 1/2 its height above grade.
BILLBOARD
A sign, other than one indicating a business conducted on
the premises, and a sign upon which advertising matter of any character
is printed, posted or lettered by any means and is designed for such
purposes. A billboard may be either freestanding or attached to a
surface of a building or other structure.
BUILDING
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
BUILDING AREA
The area of a horizontal section of a building at the foundation
extremities.
BUILDING HEIGHT
The vertical distance measured from the average elevation
of the proposed finished grades at the front of the building to the
highest point of the roof for flat roofs, to the deck line of mansard
roofs and to the main height between eaves and ridge for gable, hip
and gambrel roofs, provided that chimneys, spires, towers, mechanical
penthouses, tanks and similar projections of the building not intended
for human occupancy shall not be included in calculating the height.
If there are two or more separate roofs on a single building, the
height of such building shall be calculated from the highest roof.
BUILDING LENGTH
The horizontal measurement of any continuous building wall.
BUILDING SETBACK LINE
An established line within a property defining the minimum
required distance between the face of any structure to be erected
and the specified right-of-way. This face, as measured to the major
portion of the structure, includes sun parlors, foyers, bay windows,
porches, projecting eaves, dormers, gutters, steps and any other solid
projections and solid entrances.
BULK
The size of buildings or other structures and their relationship
to each other, to open areas, such as yards, and to lot lines and
includes the size, height and floor area of buildings or other structures
and all open areas and yard space relating to buildings and other
structures.
CAPITAL IMPROVEMENT
A governmental acquisition of real property or a major construction
project.
CARPORT
A protective roof structure without sides for automobiles.
CAR WASHING FACILITY
A structure used for the purpose of cleaning the exterior
and interior surfaces of automotive vehicles, but not including an
incidental one-bay washing facility in a gasoline service station
where washing facilities are purely incidental to the operation of
such service station. A self-operated vehicular car wash facility
not requiring attendants or employees, regardless of capacity, is
also considered to be a car washing facility.
CEMETERY
Land used, or intended to be used, for the burial of the
deceased, including columbariums, crematories, mausoleums and mortuaries
when operated in conjunction with the cemetery and within the boundaries.
CERTIFICATE OF OCCUPANCY
A statement signed by the construction official setting forth
either that a building, structure or swimming pool complies with this
chapter or that a building, structure or parcel of land may lawfully
be used for specified uses, or both.
CERTIFIED HOUSEHOLD
A household that has been certified by an administrative
agent as a very-low-income, low-income household or moderate-income
household.
[Added 5-26-2021 by Ord. No. 10-2021]
CHANNEL
The bed and banks of streams and waterways in the Township
which convey the normal flow of the stream that occurs most of the
time.
CHURCH
A building used for public worship by a congregation, excluding
buildings used exclusively for residential, educational, burial, recreational
or other uses not normally associated with worship.
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 buildings or transshipment points.
CLINIC, MEDICAL
A building constructed as a professional building for the
offices of three or more medical practitioners.
CLUB
An organization operated for social or fraternal purposes.
COAH
The New Jersey Council on Affordable Housing established
under the Act which has primary jurisdiction for the administration
of housing obligations in accordance with sound regional planning
consideration in the state. Pursuant to the opinion and order of the
New Jersey Supreme Court dated March 10, 2015, in the matter of "In
re Adoption of N.J.A.C. 5:96 and 5:97 by N.J. Council on Affordable
Housing (M-392-14) 067126," any reference to COAH or the Council shall
be understood to refer to the Superior Court of New Jersey, Law Division,
Gloucester County.
[Added 5-26-2021 by Ord. No. 10-2021]
COMMON OPEN SPACE
An open space area within or related to a site designated
as a development and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
CONDITIONAL USE
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter and upon the issuance of an authorization
therefor by the Planning Board.
COOPERATIVE SOBER LIVING RESIDENCE
A recovery home that has been issued a Class "F" License
by the New Jersey Department of Community Affairs pursuant to N.J.A.C.
5:27-1.1 et seq.
[Added 10-11-2023 by Ord.
No. 20-2023]]
COUNTRY CLUB
A club operated for profit, which may include recreational
facilities and/or a golf course containing not less than 60 acres
for each nine holes of golf.
COUNTY MASTER PLAN
A composite of the Master Plan for the physical development
of the county in which the Township is located, with the accompanying
maps, plats, charts and descriptive and explanatory matter adopted
by the Gloucester County Planning Board pursuant to N.J.S.A. 40:27-2
and 40:27-4.
CPI
The consumer price index for all consumers as established
for the region, as defined in these definitions.
CUL-DE-SAC
A street with access closed at one end and with a vehicular
turnaround at the closed end.
CURB LEVEL
The elevation of the top of the curb or the curb grade approved
by the Township Engineer. Where the building does not adjoin the street,
the average elevation of the proposed grade line of the ground immediately
adjacent to the buildings as shown on the building plans shall be
considered as the curb level.
CURBLINE
The line of the curb as presently existing or as may hereafter
be established by the Township Council.
DCA
The State of New Jersey Department of Community Affairs.
[Added 5-26-2021 by Ord. No. 10-2021]
DEFICIENT HOUSING UNIT
A housing unit with health and safety code violations that
require the repair or replacement of a major system. A major system
includes weatherization, roofing, plumbing (including wells), heating,
electricity, sanitary plumbing (including septic systems), lead paint
abatement and/or load bearing structural systems.
[Added 5-26-2021 by Ord. No. 10-2021]
DENSITY
The number of dwelling units permitted in a development,
expressed as units per acre.
DESIGN FLOOD, FLOODWAY OR FLOOD HAZARD AREA
The relative size or magnitude of a flood, expressed as a
design discharge in cubic feet per second, which is developed from
hydrologic criteria, represents a major flood of reasonable expectancy,
reflects both flood experience and flood potential and is the basis
of the delineation of the floodway and flood hazard area and the water
surface elevations thereof in the floodplain reports.
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 holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land. As referred to low- and moderate-income developments, the person who has received Planning Board approval on an application for development which is subject to the provisions of Articles
XXXVII and
XXXVIII of this chapter to construct low- and moderate-income housing within the Township. Developer includes the successors in interest of any person who receives such Planning Board approval on an application for development.
DEVELOPMENT
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any mining, excavation or landfill; and any use or change in the use
of any building or other structure, or land or extension of use of
land, for which permission may be required pursuant to this chapter.
DEVELOPMENT FEE
Money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:93-8.8, as it may be amended or superseded,
and utilized to provide affordable housing.
[Added 5-26-2021 by Ord. No. 10-2021]
DEVELOPMENT REGULATION
This chapter; Chapter
220, Subdivision of Land; Chapter
199, Site Plan Review; or any other land development chapter of this Code, the Official Map Ordinance or other Township regulation of the use and development of land or amendment thereto, adopted and filed pursuant to the Municipal Land Use Law.
DIVISION
The Division of State and Regional Planning in the Department
of Community Affairs.
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 the means necessary for water supply preservation or prevention
or alleviation of flooding.
DRIVEWAY
The vehicular entrance and exit for a land use.
DWELLING
A building consisting of one or more bedrooms for living
purposes, together with cooking and sanitary facilities, and accessible
from the outdoors, either directly or through an entrance hall shared
with other dwelling units, and is used or intended to be used by one
or more persons living together and maintaining a common household.
A.
SINGLE-FAMILY DETACHED DWELLINGA building designed for and occupied exclusively as residence for only one family and having no party wall in common with an adjacent building.
C.
TOWNHOUSEA building that has not less than two nor more than eight one-family dwelling units erected in a row as a single building on adjoining lots, each being separate from the adjoining unit or units by an approved masonry, party or partition wall or walls, thus creating distinct and noncommunicating dwelling units, such units intended for separate ownership or rental. This definition shall also include, but not be limited to, such terms as rowhouse, patio house, court dwelling and maisonette.
EASEMENT
A right-of-way granted, but not dedicated, for limited use
of private land for a public or quasi-public purpose and within which
the owner of the property shall not erect any permanent structures.
ELIGIBLE CAPITAL IMPROVEMENT
A modification, alteration or addition made to a unit which
renders the unit suitable for a larger household, and/or increases
the energy efficiency or livability of the unit and/or is needed for
the health and safety of the occupants and is approved by the Township
Housing Officer.
EMPLOYEES or NUMBER OF EMPLOYEES
The greatest number of persons to be employed in the building
in question during any season of the year and any time of the day
or night.
ENLARGEMENT
An addition to the floor area of an existing building, an
increase in size of another structure or an increase in that portion
of a tract of land occupied by an existing use.
EQUALIZED ASSESSED VALUE
The assessed value of a property divided by the current average
ratio of assessed to true value for the municipality in which the
property is situated, as determined in accordance with Sections 1,
5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
[Added 5-26-2021 by Ord. No. 10-2021]
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
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.
FARM
A plot or parcel of land having an area of not less than
5 1/2 acres, used for agricultural purposes.
FARM BUILDING
Any building needed for storing agricultural equipment or
farm produce, housing livestock or poultry or processing farm products.
The term "farm building" shall not include a dwelling.
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 or guaranties properly
posted for their completion, or approval conditioned upon the posting
of such guaranties.
FIRE STATION
A building used primarily for the housing of fire-fighting
equipment and related space.
FLOOD HAZARD AREA
The floodway and additional portions of the floodplain that
are subject to flood flow at lesser depths and lower velocities than
the floodway, that are inundated by the flood hazard area design flood
and that are delineated in the floodplain reports as a flood hazard
area. See also "design flood, floodway or flood hazard area."
FLOOD MAPS
The map identified in §
285-150 and all subsequent maps and reports that may be prepared from time to time, which maps are an integral part of this chapter. In the absence of any other flood maps, the delineation of floodplains, as described in §
285-150, shall be conclusive.
FLOODPLAIN
The relatively flat area adjoining the channel which has
been or may be hereafter covered by floodwater of the stream, based
on the one-hundred-year flood.
FLOODWAY
The channel and portions of the adjacent floodplain that
carry the greater part of flood flow at greater depths and velocities
than do the other parts of the floodplain, that constitute the minimum
area required for the passage of flood flows without aggravating flood
conditions upstream and downstream, that are necessary to preserve
the natural regimen of the stream for the reasonable passage of the
floodway design flood and that are delineated on the flood map. See
also "design flood, floodway or flood hazard area."
GARAGE
Any structure having sides and a roof and in at least one
of the sides of which is an aperture or opening through which a vehicle
may enter and leave and that may be closed by means of a door or doors,
overhead or otherwise, and being intended for the storing or sheltering
of vehicles.
GARAGE, PRIVATE
A garage in which no business, service or industry is carried
on and which is designed to contain not more than four motor vehicles,
and which shall not house trucks of the 6,000 pound weight class.
GARAGE, PUBLIC
Any garage not included within the definition of a "private
garage."
GARDEN APARTMENTS
A group of multifamily dwellings, architecturally designed
with some of the units placed on top of other units, two stories in
height, designed for rental or sale of the individual units, having
common open spaces and designed in accordance with the social requirements
for such dwellings, as set forth in this chapter.
GASOLINE SERVICE STATION
An area of land, together with any structure thereon, used
for the retail sale of motor fuel and lubricants and incidental services,
such as lubrication and hand washing of motor vehicles, or the sale,
installation or minor repair of tires, batteries or other automobile
accessories.
GOLF COURSE
An open space and its necessary buildings used for the playing
of golf, not including a driving range, miniature course or eating
facilities in a separate building operated for additional profit.
GOODS
A finished product.
GRADE LEVEL
The mean elevation of the finished grade where such grade
abuts a building.
GREEN BUILDING STRATEGIES
Those strategies that minimize the impact of development
on the environment and enhance the health, safety and well-being of
residents by producing durable, low-maintenance, resource-efficient
housing while making optimum use of existing infrastructure and community
services.
[Added 5-26-2021 by Ord. No. 10-2021]
HIGHWAY ACCESS POINTS
The distance between any vehicular entrance or exit to a
street and the next adjoining vehicular entrance or exit on the same
street.
HISTORIC SITE
Any building, structure, area or property that is significant
in the history, architecture, archaeology or culture of this state,
its communities or the nation and has been so designated pursuant
to this act.
HOSPITAL
A public institution providing public health services primarily
for inpatient medical or surgical care of the sick or injured and
including related facilities such as laboratories, outpatient departments,
training facilities, central service facilities and staff offices
which are an integral part of the facility.
HOSPITAL, VETERINARY
A structure designed for or converted for the care and treatment
of sick or wounded small domestic animals.
HOUSING COST, TOTAL MONTHLY
The total of the following monthly payments associated with
the cost of housing mortgage payments:
C.
Private mortgage insurance.
D.
Applicable assessments by a homeowners' association.
F.
Fire, theft and liability insurance.
HOUSING OFFICE
The Affordable Housing Office established by the Township
Council.
HOUSING OFFICER
The person within the Housing Office responsible for the administration of Article
XXXVIII of this chapter, subject to the supervision of the Township Council.
HOUSING PLAN ELEMENT
The portion of the Township's Master Plan, required by the
Municipal Land Use Law (MLUL), N.J.S.A. 40:55-28b(3) and other legislation.
[Added 5-26-2021 by Ord. No. 10-2021]
IMPROVED OPEN SPACE
That portion of a lot, excluding areas set aside or used
for buildings, parking, loading and streets, to be devoted to recreational
uses and/or play areas with appropriate recreational equipment, park
furniture and landscape plantings.
IMPROVEMENTS
Any type of structure, excavation or paved section, excluding
driveway or curb.
INCLUSIONARY DEVELOPMENT
A development containing both affordable units and market
rate units. This term includes, but is not necessarily limited to,
new construction, the conversion of a nonresidential structure to
residential and the creation of new affordable units through the reconstruction
of a vacant residential structure.
[Added 5-26-2021 by Ord. No. 10-2021]
INCOME
Includes revenue and receipts, actual or fairly imputed,
from all sources, including, but not limited to, wages, interest,
dividends, social security, pensions, government benefits, alimony,
child support and rents from income property.
INCOME CEILING
Eighty percent of the median income for the region for a
moderate-income household; 50% of the median income for the region
for a low-income household; 30% of the median income for the region
for a very-low-income household.
[Amended 5-26-2021 by Ord. No. 10-2021]
INITIAL RENTAL
The first transfer of occupancy of a qualified low- or moderate-income
unit from a developer to a qualified renter.
INITIAL SALE
The first transfer of title of a qualified low- or moderate-income
unit from a developer to a qualified buyer.
INSTITUTION
A building and land use partially for the human habitation
of more than two unrelated persons who occupy the facility for a common
purpose, other than housekeeping.
INTERESTED PARTY
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey; in the case of a civil proceeding in any
court or in any administration proceeding before a Township agency,
any person, whether residing within or without the Township, whose
right to use, acquire or enjoy property is or may be affected by an
action taken under this chapter or whose rights to use, acquire or
enjoy property under this chapter or under any other law of this state
or of the United States have been denied, violated or infringed by
an action or a failure to act under this chapter.
JUNKYARD
An area of land, with or without buildings, used for the
storage of used and discarded materials, including, but not limited
to, wastepaper, rags, metal, building materials, house furnishings,
machinery, vehicles or parts thereof, with or without the dismantling,
processing, salvage, sale or other use or disposition of the same.
The deposit or storage on a lot of two or more unlicensed, wrecked
or disabled vehicles or the major part thereof shall be deemed to
be a junkyard.
LAND
Includes improvements and fixtures on, above or below the
surface.
LANDOWNERS
The legal or beneficial owner or owners of land including
the holder of an option or contract to purchase, whether or not such
option or contract is subject to any condition, a lessee if he/she
is authorized under the lease to exercise the rights of the landowner,
or other persons having a proprietary interest in land.
LANDSCAPE SCREEN
A completely planted visual barrier that complies with all of the standards and requirements set forth in the Township's Landscape Ordinance. See Chapter
254, Trees.
LOADING SPACE
Paved accommodation off the street for the loading of trucks,
in the form of one or more truck berths located either within a building
or on the same lot.
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit. Wetlands, floodplains floodways and flood
hazard areas shall not be used in the calculation of minimum lot size.
Wetland buffers may not be part of minimum yard areas, but may be
part of minimum lot size. All lots must have a minimum fifty-foot-wide
area abutting and contiguous to the right-of-way of a public street,
except for lots on a cul-de-sac street that are pie shaped, in which
case the abutting area may be reduced to 30 feet in width.
LOT AREA
The area contained within the property lines of a lot, not
including any portion of a street right-of-way.
[Added 6-10-2009 by Ord. No. 16-2009]
LOT, CORNER
A lot fronting on two streets at their intersection. Each
corner lot shall have two front yards, one side yard and one rear
yard. The rear yard shall be the yard area behind the structure, using
the street address to define the front of the structure. The remaining
yard shall be the side yard.
[Amended 6-10-2009 by Ord. No. 16-2009]
LOT COVERAGE
That portion of the lot that is covered by buildings and
structures, including but not limited to sun parlors, foyers, porches,
breezeways, projecting eaves, gutters, awnings, steps, patios and
the like.
[Amended 6-10-2009 by Ord. No. 16-2009]
LOT DEPTH
The distance measured from the front lot line to the rear
lot line. The minimum lot depth shall apply over no less than 80%
of the required lot width.
[Amended 6-10-2009 by Ord. No. 16-2009]
LOT FRONTAGE
The length of the front lot line measured at the street right-of-way
line. In the case of a corner lot, either street frontage which meets
the minimum required frontage for that zone may be considered the
lot frontage.
[Added 3-12-2003 by Ord. No. 4-2003; amended 6-10-2009 by Ord. No.
16-2009]
LOT, INTERIOR
A lot, the side lines of which do not abut a street.
[Amended 6-10-2009 by Ord. No. 16-2009]
LOT LINE, FRONT
The lot line separating a lot from a street right-of-way.
[Amended 6-10-2009 by Ord. No. 16-2009]
LOT LINE, REAR
The lot line opposite and most distant from the front lot
line; or, in the case of triangular or otherwise irregularly shaped
lots, a line 10 feet in length entirely within the lot, parallel to
and at a maximum distance from the front lot line.
[Amended 6-10-2009 by Ord. No. 16-2009]
LOT LINE, SIDE
Any lot line other than a front or rear lot line.
[Amended 6-10-2009 by Ord. No. 16-2009]
LOT, MINIMUM AREA OF
The smallest lot area established by the Zoning Ordinance
on which a use or structure may be located in a particular district.
[Added 6-10-2009 by Ord. No. 16-2009]
LOT, NONCONFORMING
A lot the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of this chapter, 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.
[Amended 6-10-2009 by Ord. No. 16-2009]
LOT, THROUGH
An interior lot having frontage on two streets or one street
and an alley.
[Amended 6-10-2009 by Ord. No. 16-2009]
LOT WIDTH
The horizontal distance between the side lines of a lot measured
at right angles to its depth along a straight line parallel to the
front lot line at the minimum required building setback line.
[Amended 6-10-2009 by Ord. No. 16-2009]
LOW-INCOME BUYER, QUALIFIED
A person:
A.
Who submits an application for certification
as a qualified buyer to the Township's Housing Officer.
B.
Whose gross aggregate family income at the time
of the proposed purchase of a low-income unit is within low-income
levels.
C.
Who obtains certification as a qualified buyer
of a low-income unit from the Housing Officer.
LOW-INCOME HOUSEHOLD or LOW-INCOME FAMILY
A household with a total gross annual household income equal
to 50% or less of the regional median household income by household
size.
[Amended 5-26-2021 by Ord. No. 10-2021]
LOW-INCOME RENTER, QUALIFIED
A.
A person:
(1)
Who submits an application for certification
as a qualified renter to the Township's Housing Officer.
(2)
Whose gross aggregate family income at the time
of the proposed occupancy of a low-income unit is within low-income
levels.
(3)
Who obtains certification as a qualified renter
of a low-income unit from the Housing Officer.
B.
Renters must be recertified annually or upon
lease renewal, whichever occurs first, in order to continue to be
a qualified low-income renter.
LOW-INCOME UNIT
A restricted unit that is affordable to a low-income household.
[Amended 5-26-2021 by Ord. No. 10-2021]
MAINTENANCE GUARANTY
Any security, other than cash, which may be accepted by the
Township for the maintenance of any improvements required by this
chapter.
MAJOR SYSTEM (REHABILITATION)
The primary structural, mechanical, plumbing, electrical,
fire protection, or occupant service components of a building, which
include, but are not limited to, weatherization, roofing, plumbing
including wells), heating, electricity, sanitary plumbing (including
septic systems), lead paint abatement or load-bearing structural systems.
[Added 5-26-2021 by Ord. No. 10-2021]
MANUFACTURE
A function involving either the processing or production
of materials, goods or products.
MARKET UNIT
Any unit which is not required to be sold or rented as a
low- or moderate-income unit.
MARQUEE
A combination signboard and protective covering from the
elements supported solely by the building to which it is attached.
MASTER PLAN
A composite of one or more written or graphic proposals for
the development of the Township, as set forth in and adopted pursuant
to the Municipal Land Use Law.
MAYOR
The chief executive of the Township.
MEDIAN INCOME
The median income by household size for the applicable county,
as adopted annually by the Department.
[Amended 5-26-2021 by Ord. No. 10-2021]
MOBILE HOME
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit or in two units designed to be joined
into one integral unit capable of again being separated for repeated
towing, which arrives at a site complete and ready for occupancy except
for minor and incidental unpacking and assembly operations, and constructed
so that it may be used without a permanent foundation.
MODERATE-INCOME BUYER, QUALIFIED
A person:
A.
Who submits an application for certification
as a qualified buyer to the Township's Housing Officer.
B.
Whose gross aggregate family income at the time
of the proposed purchase of a moderate-income unit is within moderate-income
levels.
C.
Who obtains certification as a qualified buyer
of a moderate-income unit from the Housing Officer.
MODERATE-INCOME RENTER, QUALIFIED
A.
A person:
(1)
Who submits an application for certification
as a qualified renter to the Township's Housing Officer.
(2)
Whose gross aggregate family income at the time
of the proposed occupancy of a moderate-income unit is within moderate-income
levels.
(3)
Who obtains a certification as a qualified renter
of a moderate-income unit from the Housing Officer.
B.
Renters must be recertified annually or upon
lease renewal, whichever comes first, in order to continue to be a
qualified moderate-income renter.
MODERATE-INCOME UNIT
A restricted unit that is affordable to a moderate-income
household.
[Amended 5-26-2021 by Ord. No. 10-2021]
MOTEL/HOTEL
A building having six or more rental units, or a group of
buildings having units containing sleeping accommodations which are
available for a temporary rental occupancy by transients and providing
sufficient off-street parking facilities adjacent or convenient thereto.
A tourist home containing provisions or facilities for accommodation
of more than two transient occupants not normally quartered on the
premises shall be considered as a motel/hotel facility under the provisions
of this chapter.
MUNICIPAL HOUSING LIAISON
A municipal employee annually appointed by resolution of
the governing body, responsible for the tracking and reporting of
affordable housing units to the appropriate authorities and parties
in addition to other affordable housing duties that may be assigned
by the Township Manager.
[Added 5-26-2021 by Ord. No. 10-2021]
NONEXEMPT SALE
Any sale or transfer of ownership other than the transfer
of ownership between husband and wife; the transfer of ownership between
former spouses ordered as a result of a judicial decree of divorce
or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a Class A
beneficiary and the transfer of ownership by court order.
[Added 5-26-2021 by Ord. No. 10-2021]
NURSING OR CONVALESCENT HOME; SANITORIUM
Facility providing nursing services on a continuing basis
and which admits the majority of the occupants upon the advice of
physicians as ill or infirm persons requiring nursing services and
provides for physician's services or supervision and maintains medical
records, including also provisions for other similar medical or nursing
services. Care for the acutely ill or surgical or obstetrical services
shall not be considered similar services under this definition, nor
shall hospitals be construed to be included in this definition.
OFFICIAL COUNTY MAP
The map, with changes and additions thereto, adopted and
established from time to time by resolution of the Board of Chosen
Freeholders of Gloucester County, pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP
A map adopted by ordinance pursuant to the Municipal
Land Use Law.
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-STREET PARKING FACILITY
A parking area, as hereinafter defined, for the parking of
passenger vehicles of the occupants, employees, visitors and patrons
of specified types of buildings.
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 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, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
OPEN SPACE, PUBLIC
An open space area conveyed or otherwise dedicated to the
Township, a Township agency, board of education, state or county agency
or other public body for recreational or conservational uses.
OWNER
The person(s) who has title to a unit pursuant to Articles
XXXVII and
XXXVIII of this chapter.
PARKING AREA
An open, off-street land area, including parking spaces and
access and egress drives or aisles, used or required by this chapter
for the parking of automobiles or other vehicles exclusively and in
which no gasoline or automobile accessories are sold and no other
business is conducted.
PARKING SPACE
Accommodation for the parking of a motor vehicle on a lot
provided for restricted use in connection with a particular business
or private enterprise, or as an adjunct to a housing development or
private residence, whether operated for gain or not, whether cooperatively
established and operated or not. Such parking spaces may consist of
parking lots, private garages or other structures and accessories;
they may be surface facilities or facilities above or under the ground.
The net area of such parking berth, exclusive of access or maneuvering
area, shall be not less than 200 square feet, measuring 10 feet by
20 feet, and must be an approved surface.
PAVED AREA
A portion of land paved with a weatherproof surface for parking
space, driveways or streets. In the computation of such, that area
covered by buildings shall be excluded.
PERFORMANCE GUARANTY
Any security which may be accepted by the Township, including
cash, provided that the Township shall not require more than 10% of
the total performance guaranty in cash.
PLANNED COMMERCIAL DEVELOPMENT
An area of a minimum contiguous size, as specified by ordinance,
to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
commercial or office uses, or both, and any residential and other
uses incidental to the predominant use as may be permitted by ordinance.
PLANNED DEVELOPMENT
Planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
PLANNED INDUSTRIAL DEVELOPMENT
An area of a minimum contiguous site, as specified by ordinance,
to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
industrial uses and any other uses incidental to the predominant use
as may be permitted by ordinance.
PLANNED UNIT DEVELOPMENT
An area with a specified minimum contiguous acreage of 10
acres or more to be developed as a single entity, according to a plan,
containing one or more residential clusters or planned unit residential
developments and one or more public, quasi-public, commercial or industrial
areas in such ranges of ratios of nonresidential uses to residential
uses as is specified in this chapter.
PLANNED UNIT RESIDENTIAL DEVELOPMENT
An area with a specified minimum contiguous acreage of five
acres or more to be developed as a single entity, according to a plan,
containing one or more residential clusters, which may include appropriate
commercial or public or quasi-public uses all primarily for the benefit
of the residential development.
PLANNING BOARD
The Washington Township Planning Board, established pursuant
to the Municipal Land Use Law.
PLAT
A map or maps of a subdivision or site plan.
PLAYGROUND
An active recreation area that provides recreation opportunities
for children, especially those between the ages of six and 14, with
a section set aside for exclusive use by preschoolers, as well as
limited facilities for the recreation of young people and adults.
The average size of a playground shall be three to five acres.
PORCH
A roofed, open structure projecting from the front, side
or rear wall of a building and having no enclosed features of glass,
wood or other material more than 30 inches above the floor thereof,
except the necessary columns to support the roof.
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.
PREMISES
Any lot, area or tract of land, whether used in connection
with a building or not.
PRESCHOOL, NURSERY OR DAY-CARE CENTER
A school which provides daytime care and instruction for
two or more children from two to six years of age, inclusive, and
operates on a regular or seasonal basis.
PROPERTY
A lot or plot with or without buildings or other improvements
located thereon.
PUBLIC AREAS
A.
Public parks, playgrounds, trails, paths and
other recreational areas.
B.
Other public open spaces.
C.
Scenic and historic sites.
D.
Sites for schools and other public buildings
and structures.
PUBLIC DEVELOPMENT PROPOSAL
A master plan, capital improvement program or other proposal
for land development adopted by the appropriate public body, or any
amendment thereto.
PUBLIC DRAINAGEWAY
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.
QUORUM
The majority of the full authorized membership of a Township
agency.
RANDOM SELECTION PROCESS
A process by which currently income-eligible households are
selected for placement in affordable housing units such that no preference
is given to one applicant over another except for purposes of matching
household income and size with an appropriately priced and sized affordable
unit e.g., by lottery).
[Added 5-26-2021 by Ord. No. 10-2021]
RECREATIONAL AREA
A private or public space, including essential buildings
and structures, used for play and recreational space for individuals.
RECREATION AREA, ACTIVE
Land that is buildable ground suitable for the placement
of recreational facilities without the necessity of excessive fill
or grading.
RECREATION AREA, PASSIVE
Land that is not buildable that serves the purpose of the
preservation of natural resources and ecologically sensitive areas.
REFERRAL LIST, AFFORDABLE HOUSING
A register of eligible very-low-, low- and moderate-income
households for which suitable units are not yet available.
[Added 5-26-2021 by Ord. No. 10-2021]
REGION
For purposes of defining median income under Article
XXXVIII, "region" is defined as the counties of Mercer, Burlington, Camden and Gloucester.
REGIONAL ASSET LIMIT
The maximum housing value in each housing region affordable
to a four-person household with an income at 80% of the regional median
as defined by duly adopted regional income limits published annually
by COAH or a successor entity.
[Added 5-26-2021 by Ord. No. 10-2021]
REHABILITATION
The repair, renovation, alteration or reconstruction of any
building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C.
5:23-6.
[Added 5-26-2021 by Ord. No. 10-2021]
RENTAL
A procedure by which services and/or real or personal property
are temporarily transferred to another person for a specific time
period in exchange for something of value.
RENTER
A person, other than an owner, who has the right to possession
of a unit by virtue of a lease, whether written or oral, and who,
in fact, occupies the unit.
RENT, RESTRICTED UNIT
The gross monthly cost of a rental unit to the tenant, including
the rent paid to the landlord, as well as an allowance for tenant-paid
utilities computed in accordance with allowances published by DCA
for its Section 8 program. In assisted-living residences, rent does
not include charges for food and services.
[Added 5-26-2021 by Ord. No. 10-2021]
RE-RENTAL
Transfer of occupancy after the initial rental has terminated.
RESALE
Transfer of title after the initial sale.
RESIDENT
A person who resides in the Township of Washington, County
of Gloucester, or the parent(s) or children of such person.
RESIDENTIAL CLUSTER
An area to be developed as a single entity according to a
plan, containing residential housing units which have a common or
public open space area as an appurtenance.
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
RESTAURANT
An establishment in which food and drink may be procured,
provided that such food or drink is to be consumed while seated at
a table, counter or a booth within a building on the premises, except
that a take-out window may be permitted as an ancillary service to
the overall operation.
RESTRICTED UNIT
A dwelling unit, whether a rental unit or ownership unit,
that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as may be amended and supplemented, but does not include a market-rate
unit financed under UHORP or MONI.
[Added 5-26-2021 by Ord. No. 10-2021]
RETAIL SALES
Any sales of goods and services to the general public as
distinguished from wholesale sales.
RIGHT-OF-WAY
A strip of land acquired by reservation, dedication, forced
dedication, proscription or condemnation and intended to be occupied
or occupied by a road, sidewalk, railroad, electric transmission line,
oil or gas pipeline, waterline, sanitary storm sewer and other similar
uses.
[Amended 6-10-2009 by Ord. No. 16-2009]
SCHOOL, PRIVATE
A duly organized school, other than a public school, giving
regular instruction in subjects ordinarily taught in the public schools
and not under the jurisdiction of the school district.
SECTION
A geographical area or tract which is part of a proposed
development which will be developed according to a timetable for development
over a period of years included by the applicant in the development
plan.
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.
SETBACK
See "building setback line."
SIGN
A structure, building wall or any writing, letter work or
numeral, pictorial or graphic presentation, illustration or decoration,
emblem, device, symbol or trademark, flag, banner or pennant or any
other structure, device, figure or similar character which is:
A.
Used for visual communication to announce, direct
attention to, identify, advertise or otherwise make anything known.
B.
Visible from the public right-of-way or from
adjoining property.
SIGN, BUILDING-MOUNTED
Any sign attached to and deriving its major support from
a building, and including, but not limited to, the following: arcade
signs, awning signs, canopy signs, cornice signs, marquee signs, parapet
signs, plaque signs, projecting signs, wall signs, window signs and
signs painted on the surfaces of walls.
SIGN, CHANGEABLE COPY
A permanent sign specifically designed so that the letters
and graphic material may be changed an unlimited number of times by
the easy removal and replacement of all the letters and graphic material.
Such signs shall be permanently affixed to the ground or to a structure,
and shall not be portable.
SIGN, ENTERPRISE OR BUSINESS
A sign which indicates the name of an individual enterprise
or business or any of its affiliates, and which may or may not indicate
the products, services or entertainment offered by that business.
SIGN, FREESTANDING
Any sign supported by structural members or by braces in
the ground and not attached to a building, including, but not limited
to, the following: bulletin board signs, outdoor advertising signs,
pole or pylon signs or ground signs.
SIGN HEIGHT
The vertical distance measured from ground level to the highest
point on the sign and its supporting structure.
SIGN, IDENTIFICATION
A sign that gives the name or the name and address of a building,
business, development or establishment. Such a sign may be wholly
or partly devoted to a readily recognized symbol or trademark.
SIGN, OUTDOOR ADVERTISING
Any sign on which is portrayed information which directs
attention to a business, commodity, service or entertainment not related
to uses existing or permitted on the lot upon which the sign is located.
This definition includes billboards.
SIGN, PORTABLE
Any sign not affixed to the ground nor to a building, including
any sign attached to or displayed on a vehicle that is used solely
for the purpose of advertising a business establishment, product,
service or entertainment, when that vehicle is so parked as to attract
the attention of the motoring or pedestrian traffic.
SIGN, REAL ESTATE
Any sign advertising the sale, rental or lease of the premises
or part of the premises on which the sign is displayed.
SIGN, SHOPPING CENTER
A freestanding sign which identifies only the name of the
shopping center and does not identify the individual enterprises or
their products, services or amusements.
SIGN, TEMPORARY
A sign which advertises or presents information to the public
of a location, event or occurrence which will take place at a certain
time or date or within a certain period.
SIGN, WINDOW
Any sign painted or attached to the glass area of a window
or placed behind the glass of a window so that it can be read from
out of doors.
SITE PLAN
A development plan of one or more lots on which is shown
the following:
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.
C.
Any other information that may be reasonably
required in order to make an informed determination pursuant to the
ordinance requiring review and approval of site plans by the Planning
Board.
SPECIAL EXEMPTION QUALIFIED BUYER
A buyer who exceeds the income ceiling, but who is qualified by the Housing Officer to purchase a unit pursuant to the "Inability to Sell or Rent" provisions and requirements of Article
XXXVIII.
STAGE
A section or sections which an applicant proposes to commence
development at the same time, as part of a timetable for development
of a project over a period of years.
STANDARDS OF PERFORMANCE
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 or standards required by applicable federal
or state laws or Township ordinances.
STORY
That portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof next above.
STORY, HALF
A story under a gabled, hipped or gambrel roof, the wall
plates of which on at least two opposite exterior walls are not more
than two feet nor less than one foot above the finished floor of such
story.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway,
or which is shown upon a plat heretofore approved pursuant to law,
or which is approved by official action, as provided by this chapter,
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, CENTER LINE OF
A line which is usually at an equal distance from both street
lines or right-of-way lines.
STREET LINES/RIGHT-OF-WAY
The lines upon which the width of the abutting street is
established; the property line and not the curbline.
STRUCTURAL ALTERATIONS
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams or girders, or any
substantial change in the roof or in the exterior walls.
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.
STRUCTURE, NONCONFORMING
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of this chapter,
but which fails to conform to the requirements of the zoning district
in which it is located by reasons of such adoption, revision or amendment.
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 Code if no new streets are created:
(1)
Divisions of land found by the Planning Board,
or subdivision committee thereof appointed by the Chairperson, to
be for agricultural purposes, where all resulting parcels are five
acres or larger in size.
(2)
Divisions of property by testamentary or intestate
provisions.
(3)
Divisions of property upon court order.
(4)
Conveyances so as to combine existing lots by
deed or other instrument.
B.
The term "subdivision" shall also include the
term "resubdivision."
SUBDIVISION, MINOR
A subdivision of land that does not involve any of the following:
A.
The creation of more than the maximum number
of lots specifically permitted by ordinance as a subdivision.
D.
Extension of any off-tract improvement.
SURCHARGE
An additional authorized charge which is paid by a buyer
to an owner, but which shall be excluded from the calculation of the
resale price.
SWIMMING CLUB
A swimming club maintaining and operating a swimming pool
and the apparatus and equipment pertaining to the swimming pool.
SWIMMING POOL
A.
ARTIFICIALA pool composed entirely of artificial construction.
B.
PARTLY ARTIFICIALA pool formed from a natural body of water which has either so limited a flow or such an inadequate natural circulation that the quality of water must be maintained by artificial means.
C.
PRIVATEA swimming pool and the apparatus and equipment pertaining to the swimming pool, maintained by an individual for the sole use of his/her household and guests, without charge for admission and not for the purpose of profit or in connection with any business operated for profit and located on a lot as an accessory use to a residence. Unless otherwise qualified, the term "private swimming pool" shall be construed as including both artificial and partly artificial pools. A portable pool is included within the terms of this definition.
TESTING
A function involved in the examination of the qualities,
performances or capabilities of a product, goods or material.
THE DEPARTMENT
The Department of Community Affairs of the State of New Jersey,
that was established under the New Jersey Fair Housing Act (N.J.S.A.
52:27D-301 et seq.).
[Added 5-26-2021 by Ord. No. 10-2021]
TOT LOT
Small active recreation areas for children, preschool through
grade three, in populated neighborhoods. The minimum size of a tot
lot shall be 3,600 square feet.
TRAILER, TRAILER COACH and RECREATIONAL VEHICLE
Any unit which is or may be used for temporary living, sleeping
or business purposes by one or more persons and that is equipped with
wheels or similar devices used for the purpose of transporting such
unit from place to place, whether it is self-propelled or otherwise.
Whenever the word "trailer" is used herein it shall mean and include
trailer coach, camp car and recreation vehicle; except, however, that
a trailer used as a temporary office for administrative purposes in
connection with the doing of construction work in the Township and
which has no sanitary facilities attendant thereto is not within the
meaning of this definition.
UHAC
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26.1 et seq.
[Added 5-26-2021 by Ord. No. 10-2021]
UNDERTAKING ESTABLISHMENT
The premises used by a licensed mortician concerned with
the arrangement for cremation or burial of the dead and the overseeing
of burials.
UNIT
For the purposes of Article
XXXVIII, a dwelling space for which a certificate of occupancy has been obtained and which is sold or leased to a qualified buyer/renter subject to that section.
USE
Any purpose for which a building or other structure or a
tract of land may be designed, arranged, intended, maintained or occupied
or any activity, occupation, business or operation carried on in a
building or other structure on a tract of land.
USED CAR LOT
An area used for the storage and display of used automobiles
advertised for sale, including motorcycles, trucks and any other motorized
vehicle.
USE, NONCONFORMING
A use or activity which was lawful prior to the adoption,
revision or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.
USE, PRINCIPAL
The main or primary purpose or purposes for which land, a
structure, building and/or sign, or use therefor, is designed, arranged
or intended or for which they may be occupied or maintained under
the provisions of this chapter. All other structures, buildings, signs
or uses on the same lot and incidental or supplementary thereto and
permitted under the provisions of this chapter shall be considered
accessory uses.
UTILITY SHED
A separate structure, not for living purposes, used for the
storage of materials and equipment.
VARIANCE
Permission to depart from the literal requirements of this
chapter, as specified in the Municipal Land Use Law.
VERY-LOW-INCOME UNIT
A restricted unit that is affordable to a very-low-income
household.
[Added 5-26-2021 by Ord. No. 10-2021]
WEATHERIZATION (REHABILITATION)
Building insulation (for attic, exterior walls and crawl
space), siding to improve energy efficiency, replacement storm windows,
replacement storm doors, replacement windows and replacement doors,
sufficient to constitute a major system for rehabilitation of housing.
[Added 5-26-2021 by Ord. No. 10-2021]
YARD
An open space that lies between the principal or accessory
building or buildings and the nearest lot line. Such yard is unoccupied
and unobstructed from the ground upward except as may be specifically
provided in this chapter.
[Amended 6-10-2009 by Ord. No. 16-2009]
YARD, FRONT
An open space extending across the full width of the lot
between any building and the street line and measured perpendicular
to the street line. Such front yard shall be unoccupied and unobstructed
from the ground upward except as may be specifically provided in this
chapter. In the case of a corner lot, each yard with frontage on a
street shall be considered a front yard.
[Amended 6-10-2009 by Ord. No. 16-2009]
YARD, REAR
A space extending the full width of the lot between the principal
building and the rear lot line and measured perpendicular to the rear
lot line. Such rear yard shall be unoccupied and unobstructed from
the ground upward except as may be specifically provided in this chapter.
In the case of a corner lot, only one rear yard shall be provided,
and the applicant may choose which yard is to be considered the rear
yard.
[Amended 6-10-2009 by Ord. No. 16-2009]
YARD, REAR, FOR IRREGULAR LOTS
Where the above definition for rear yard cannot be used because
the lot is irregularly shaped, the following method shall apply: The
required rear yard shall be measured by extending the line of the
side exterior walls and/or offsets in exterior walls of the structure
until such wall lines meet the minimum rear yard requirement. The
area thus created shall be designated as the rear yard.
YARD, SIDE
A space extending from the front yard to the rear yard between
the principal building and the side lot line and measured perpendicular
to the side lot line. Such side yard shall be unoccupied and unobstructed
from the ground upward except as may be specifically provided in this
chapter. In the case of a corner lot, not more than one side yard
shall be provided, and the applicant may choose which yard is to be
considered the side yard.
[Amended 6-10-2009 by Ord. No. 16-2009]
ZONING PERMIT
A document signed by the administrative officer, which document
is required as a condition precedent to the commencement of a use
or the erection, construction, reconstruction, alteration, conversion
or installation of a structure or building and which acknowledges
that such use, structure or building complies with the provisions
of this chapter, or variance therefrom, duly authorized by the Zoning
Board of Adjustment.