Township of West Windsor, NJ Terminology

The vertical distance between the average level of grade along all exterior foundation walls of a building, which grade shall be substantially unchanged from the natural grade existing at the time of a development application submission, and each of the following:

(a)

The highest parapet or cornice level, in the case of a flat roof.

(b)

The mean level between the eaves and the highest ridge point, in the case of a pitched roof.

Finished grade and/or berms at the foundation wall shall be disregarded in building height calculations.

In this chapter, height limitation references to footage and number of stories are intended to limit building height to the specified maximum footage and number of stories within said footage. Building height calculations, unless otherwise excepted in this chapter, shall exclude building service equipment (e.g., mechanical services, elevator penthouses, condensers, exhaust fans, air-conditioning and similar equipment) and all appurtenant enclosures.

BUILDING LINE

A line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered section of a building, the vertical plane will coincide with the most projected surface. All yard requirements shall be measured to the building line.

BUILD-TO LINE

A line appearing graphically on the approved plan or stated as a setback dimension, along which a specified portion of the facade must be placed. It shall be measured from the right-of-way unless otherwise noted. When the build-to line conflicts with the front yard setback, the build-to line governs.

[Added 11-23-2009 by Ord. No. 2009-22]

CABLE MANAGEMENT SYSTEM

An apparatus designed to control and organize the output cable to an electric vehicle or to the primary pad.

[Added 10-25-2022 by Ord. No. 2022-18]

CAFE

A small restaurant primarily serving coffee, drinks, light meals, sandwiches, and/or desserts. A cafe may include an outdoor seating area.

[Added 3-18-2019 by Ord. No. 2019-02]

CAPITAL IMPROVEMENT

A governmental acquisition of real property or major construction project.

CAR SHARE VEHICLE

A vehicle owned by a private entity made accessible through a car sharing membership for use by its members.

[Added 3-18-2019 by Ord. No. 2019-04]

CAR SHARING SERVICE

A membership-based service, available to all qualified drivers in a defined community, that allows members to reserve a vehicle to make vehicle trips.

[Added 3-18-2019 by Ord. No. 2019-04]

CELLAR

The portion of a building that is partly or entirely below grade, which has more than 1/2 of its height, measured from floor to ceiling, below the average finished grade of the ground adjoining the building. [A cellar shall be counted in floor area ratio (FAR) and maximum improvement coverage (MIC) computations if used for business or industrial purposes other than for ancillary storage.]

CERTIFICATE OF APPROVAL

The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant thereto.

[Added 10-25-2022 by Ord. No. 2022-18]

CERTIFICATE OF OCCUPANCY

[Added 10-25-2022 by Ord. No. 2022-18]

CHANNEL

The bed and banks of a river, stream, brook or spring which convey the normal flow of the watercourse.

CHARGING LEVEL

The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:

[Added 10-25-2022 by Ord. No. 2022-18]

Level 1 operates on a fifteen- to twenty-amp breaker on a one-hundred-twenty-volt AC circuit.

Level 2 operates on a forty- to one-hundred-amp breaker on a two-hundred-eight- or two-hundred-forty-volt AC circuit.

COMMERCIAL RECREATION FACILITY

Direct-current fast charger (DCFC) operates on a sixty-amp or higher breaker on a four-hundred-eighty-volt or higher three-phase circuit with special grounding equipment. DCFC stations can also be referred to as "rapid charging stations" that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.

CHILD-CARE CENTER

Any facility which is maintained for the care, development or supervision of six or more children under six years of age who attend for less than 24 hours per day and which is licensed by the New Jersey Department of Human Services. For a facility that is located in a sponsor's home, the children permanently residing in the sponsor's home shall not count in determining the number of children served by the center.

[Added 12-16-1991 by Ord. No. 91-34]

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.

CLUB, SOCIAL

A private or nonprofit organization for social purposes in which the principal use is in enclosed buildings and no outdoor sports are involved.

COAH or THE COUNCIL

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.

[Amended 1-20-2009 by Ord. No. 2008-52]

A structure or place designed for the conduct of sports and leisure-time activities which is operated as a business and open to the public. Such activities may be conducted either partially or entirely within the confines of a building or partially to entirely out-of-doors and shall include uses such as, but not limited to, the following: skating rinks, ice rinks, fitness/health clubs, sports courts, children's play and entertainment facilities, and accessory retail uses.

[Added 11-13-2007 by Ord. No. 2007-19]

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.

COMMUNICATION TOWER

Any tower on which wireless communications equipment is located or to which it can be attached.

[Added 4-6-2010 by Ord. No. 2010-07]

COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED

Any community residential facility licensed pursuant to P.L. 1977 c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community and shall include but not be limited to group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements and hostels. Such a residence shall not be considered a health care facility, within the meaning of the Health Care Facilities Planning Act (P.L. 1971, c. 136: N.J.S.A. 26:2H-1 et seq.). In the case of such a community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services. As used in this chapter, "developmentally disabled person" means a person who is developmentally disabled as defined in Section 2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2), and "mentally ill person" means a person who is afflicted with a mental illness as defined in N.J.S.A. 30:4-27.2, but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.[6]

[Amended 4-19-1999 by Ord. No. 99-07]

COMPOSTING, COMMERCIAL

The on-site conversion of organic waste matter into compost which is used off-site, except where such compost is used on noncontiguous tracts under common ownership.

[Added 11-30-1992 by Ord. No. 92-35; amended 12-14-1992 by Ord. No. 92-38]

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 Part 4 of this chapter and upon the issuance of an authorization therefor by the Planning Board.

CONFERENCE CENTER

A facility for business or professional conferences and seminars, which may contain accommodations for sleeping, eating,and recreation primarily supporting the conference use.

[Added 8-12-1991 by Ord. No. 91-18]

CONGREGATE HOUSING

Specifically designed multiunit housing for independent to semi independent older persons in which there may be meal service; if meal service is not provided, the facility shall include a restaurant and/or cafe open to residents, guests of residents, and employees of Block 33 Lot 1.01 and Block 33 Lot 1.02. Such restaurant or cafe shall be located within the congregate housing building or the community building within the complex. Living units shall include at least a living room, bathroom, kitchen, and no more than two bedrooms, except that studio apartments are permitted. All of the affordable units must have one or two bedrooms. Access by residents of Block 33 Lot 1.01 and Block 33 Lot 1.02 to an on-site wellness center offering health and fitness services and/or equipment is required. Personal care service, housekeeping services, and transportation may also be available by arrangement.

[Added 10-24-1994 by Ord. No. 94-54; amended 3-18-2019 by Ord. No. 2019-02]

CONSTRUCTION OFFICIAL

The municipal official specified in the Building Code and designated as such by the Mayor as responsible for the enforcement of the State Uniform Construction Code.[7]

[Amended 10-25-1982 by Ord. No. 82-50; 4-19-1999 by Ord. No. 99-07]

CONTIGUOUS PARCEL

Tracts of land which share a common boundary of at least 100 feet.

CONVENTIONAL DEVELOPMENT

A development other than planned development.

CORPORATE OFFICE

A building comprised of more than 10,000 square feet in which at least half are rented or occupied by a single corporation or firm and whose primary business is to serve as a regional or national center.

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 County Planning Board pursuant to N.J.S.A 40:27-2 and 40:27-4.

COUNTY PLANNING BOARD

The Planning Board of the county in which the land or development is located.

COURT

Any area bounded by three or more attached building walls.

COVERAGE

BUILDING COVERAGEThe building area covered by all buildings on a lot, including all roofed areas on a lot, fixed or temporary, expressed as a percentage of the total lot area.

CUL-DE-SAC or DEAD-END-STREET

IMPROVEMENT COVERAGEThe building coverage plus the area of all paved surfaces, both impervious and pervious, which cover a lot, such as required parking spaces, including necessary maneuvering areas, passageways and driveways giving access thereto, service areas, accessways, streets, walkways, patios and plazas.

[Amended 9-15-2008 by Ord. No. 2008-21]

A street or portion of a street in which accessibility is limited to only one single means of ingress and egress.

CULTURAL FACILITY

A building, structure or site that is or will be owned, leased or otherwise used by one or more cultural organizations and that is accessible to the public. The term "cultural facility" may include such activities as museums, historical sites, zoos, aquariums, nature or science centers, theaters, concert halls, exhibition, spaces, classrooms and auditoriums suitable for presentation of performing or visual arts.

[Added 7-27-2020 by Ord. No. 2020-17]

CURB

The average level of the curb in front of the lot.

CURBSIDE PICKUP

The on-site delivery of goods from stores, shops, and eating and drinking establishments to customers waiting in parked vehicles.

[Added 7-27-2020 by Ord. No. 2020-17]

DAYS

Calendar days.

DAY-CARE CENTER

A facility duly licensed by the New Jersey State Department of Institutions and Agencies for the daytime accommodation of children.

DEDICATION

An appropriation or giving up of property to public use which precludes the owner or others under him or her from asserting any right of ownership inconsistent with the use for which the property is dedicated.

DENSITY

The number of dwelling units per gross acre of land, including streets, easements and open space portions of a development.

DENSITY, GROSS

The number of dwelling units per acre in a development as determined by calculation outlined in § 200-238 herein.

[Amended 12-15-1986 by Ord. No. 86-35]

DENSITY, NET

The total number of dwelling units of a particular dwelling type to be located in a residential designated use parcel divided by the net area of the parcel (e.g., land area within a designated use parcel excluding areas proposed as common open space or development collector streets).

DESIGNATED USE AREA

An area shown on a plan of a planned development wherein particular types of dwellings units, commercial, industrial and/or common open space is situated and that is employed for the purpose of calculating the maximum net density and/or area requirements applicable to the designated use. Such designated use area shall include land covered by particular uses, internal local streets or minor accessways, pedestrianways and all private yards, but not development collector streets. The boundaries of such areas may but need not be the same with any existing or proposed record lot lines.

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.

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 N.J.S.A. 40:55D-1 et seq.

[Amended 4-19-1999 by Ord. No. 99-07]

DEVELOPMENT FEE

Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.

[Added 10-12-1993 by Ord. No. 93-30; amended 1-20-2009 by Ord. No. 2008-52]

DEVELOPMENT REGULATION

A zoning ordinance, subdivision ordinance, site plan ordinance or other Township regulation of the use and development of land, or amendment thereto adopted pursuant to N.J.S.A. 40:55D-1 et seq.

[Amended 4-19-1999 by Ord. No. 99-07]

DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)

The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

[Added 7-18-2016 by Ord. No. 2016-15]

DISTILLERY

A facility which produces by distillation spirits for consumption, the sales and distribution of which are subject to regulation by the State of New Jersey.

[Added 12-14-2020 by Ord. No. 2020-25]

DISTRIBUTION FACILITY

A facility used for the storage and/or consolidation of goods, supplies, equipment, materials and merchandise before their distribution to other locations.

[Added 5-24-2021 by Ord. No. 2021-09]

DRAINAGE

The removal of surface water or groundwater from the land by drains, grading or other means, such as retention or detention basins, including 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.

DRIVE-IN

Premises constructed to cater primarily to the motoring public, whether or not serving pedestrians as well as the automobile trade, and used for the sale to the public of any produce and providing curb and/or window counter service.

DRIVEWAY

A defined paved or unpaved surface providing vehicular access to a street. A driveway is not a road, street, boulevard, highway, or parkway.

[Added 6-24-2024 by Ord. No. 2024-14]

DWELLING

Any permanent building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons. Dwellings may include but not be limited to the following types:

DWELLING, SINGLE-FAMILYA freestanding detached building on one lot, or within a lot held in common ownership, serving one family.

DWELLING, TWO-FAMILYA freestanding detached building on one lot, or within a lot held in common ownership serving two families, with private exterior entrances to each dwelling.

DWELLING, SEMIDETACHEDA freestanding detached building on one lot, or within a lot held in common ownership serving up to four families, with private exterior entrances to each dwelling and, in general, having the exterior appearance of a single-family dwelling (e.g., duplex, triplex or quadraplex dwelling types).

DWELLING, MULTIFAMILYA building or portion thereof used or designed as a residence for three or more dwelling units, including garden apartment and mid-rise apartment projects.

DWELLING, MAISONETTEA multifamily building in which a single dwelling unit of one story is beneath or above a single dwelling unit of two stories, with an entrance to each dwelling unit by direct access to the outside or through a common hall.

ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or EVSE

DWELLING, PATIO HOMEA building which contains one to four attached single-family dwelling units, each dwelling unit having as a major design feature an outdoor living space contiguous to and structurally contained by that dwelling unit, and which is joined to other similar units which have blank walls with no windows facing the patio of the adjoining dwelling unit.

(7)

DWELLING, ZERO LOT LINEA freestanding detached building on one lot, or within a lot held in common ownership, serving one family, with one wall of the building located on a side property line, including atrium houses. Side, rear or front yards may be enclosed to form common-walled, open courtyards or patios for each dwelling.

(8)

DWELLING, TOWNHOUSEA building containing at least four connected dwelling units divided by common party walls, with private entrances to each dwelling. For purposes of this chapter, a townhouse may include dwelling units with simple, condominium or cooperative ownership, or any combination thereof.

(9)

DWELLING, GARDEN APARTMENTThree or more dwellings located within a single building, with an entrance to each dwelling by direct access from the outside or through a common hall. Garden apartments may include buildings in cooperative or condominium ownership.

(10)

DWELLING, MID-RISE APARTMENTThree or more dwellings located within a single building more than four stories high with direct access to a common hallway served by elevators from the ground level.

(11)

DWELLING, ZERO LOT LINE, SEMIDETACHEDA freestanding building on one lot, serving one family, with one wall of an attached garage located on a side property line. The garage building wall located on the property line will serve as a common wall for an adjacent attached garage on the adjoining lot.

[Added 9-26-1994 by Ord. No. 94-44]

DWELLING UNIT

A group of interrelated rooms or structures, intended or designed for nontransient residential use of one family, separated from other dwelling units by lockable doors, having access to the outside without crossing another dwelling and having living and sleeping facilities, cooking facilities, fixed or portable, and complete sanitary facilities for the exclusive use of the occupants thereof.

EASEMENT

An interest in land owned by another that entitles its owner to specific limited use or enjoyment.

EDUCATIONAL INSTITUTION

Any public or private educational institution normally subject to regulations prescribed by the State of New Jersey.

ELECTRIC VEHICLE

Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.

[Added 10-25-2022 by Ord. No. 2022-18]

The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast-charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."[8]

[Added 10-25-2022 by Ord. No. 2022-18]

ENVIRONMENTAL COMMISSION

A Township advisory body created pursuant to N.J.S.A. 40:56A-1 et seq.[9]

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 10-12-1993 by Ord. No. 93-30; amended 1-20-2009 by Ord. No. 2008-52]

EROSION

The detachment and movement of soil or rock fragments by water, wind, ice and gravity.

ESTABLISHMENT

One place of business or one permanent usage.

EVSE, PRIVATE

EVSE that has restricted access to specific users (e.g., single- and two-family homes, executive parking fleet parking with no access to the general public).

[Added 10-25-2022 by Ord. No. 2022-18]

EVSE, PUBLICLY ACCESSIBLE

EVSE that is publicly available (e.g., park and ride, public parking lots and garages, on-street parking, shopping center parking, nonreserved parking in multifamily parking lots, etc.).

[Added 10-25-2022 by Ord. No. 2022-18]

FAMILY

One or more persons customarily living as a single housekeeping unit.

FAMILY DAY-CARE HOME

Any private residence approved by the Division of Youth and Family Services or an organization with which the Division contracts for family day-care in which child-care services are regularly provided to no less than three and no more than five children for no less than 15 hours per week. Family day-care services shall be considered a home occupation. A child being cared for under the following circumstances is not included in the total number of children receiving child-care services:

[Added 12-16-1991 by Ord. No. 91-34]

The child being cared for is legally related to the provider.

FLOOD INSURANCE RATE MAP (FIRM)

The child is being cared for as part of a cooperative agreement between the parents for the care of their children by one or more of the parents, where no payment for the care is being provided.

FARM

A tract of land of five acres or greater used for agriculture, the raising of crops or animal husbandry for consumption other than on the premises.

FARMING

Agriculture, including the raising and harvesting of crops or trees and the feeding, breeding and managing of livestock, as a major source of income conducted upon a lot of not less than five acres in area. The existence of a vegetable garden for home consumption or the presence of not to exceed three animals as pets is not construed as farming.

FAST-FOOD OPERATIONS

A business establishment where food and drink are sold ready for consumption and where customers consume the food and drink either inside or outside the confines of the establishment.

FENCE

A vertical enclosure, solid or partially open, to prevent straying from within or intrusion from without. A fence over seven feet high is also considered a "structure" for purposes of this chapter.

FILLING STATION

Any establishment servicing motor vehicles with fuel, supplies and accessories, but not major repairs, including establishments designated as automobile service stations or gasoline stations.

[Amended 4-19-1999 by Ord. No. 99-07]

FINAL APPROVAL

The official action of the Planning Board taken on a preliminary approved plat/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.

FINANCIAL INSTITUTIONS

Any structure wherein business of primarily a financial nature is transacted, such as banks, savings and loans, mortgage companies and similar institutions.

FLAG

A sign that is mounted on a freestanding pole or other support that is made of cloth, canvas, fabric or like material designed or intended to advertise, identify or attract attention to a business organization. National, state, county or municipal flags are not considered flag signs and are not prohibited by this ordinance.

[Added 10-6-2008 by Ord. No. 2008-28]

FLAG LOT

A lot having less than the required frontage and configured so that a stem provides access to the buildable portion of the lot, which is in back of another lot.

[Added 9-15-2008 by Ord. No. 2008-20]

FLOOD or FLOODING

A general and temporary condition of partial or complete inundation of normally dry land areas from the unusual and rapid accumulation or runoff of surface waters from any source.

The official map on which the Federal Emergency Management Agency (FEMA) has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

[Amended 7-18-2016 by Ord. No. 2016-15; 6-12-2023 by Ord. No. 2023-03]

FLOOD INSURANCE STUDY

The official report provided in which the Federal Emergency Management Agency (FEMA) has provided flood profiles, as well as the Flood Boundary - Floodway Map and the water surface elevation of the base flood.

[Amended 7-18-2016 by Ord. No. 2016-15; 6-12-2023 by Ord. No. 2023-03]

FLOODPLAIN

The relatively flat area or lowlands adjoining the channel of a river, stream, watercourse, canal or any body of standing water which has been or may be covered by floodwater.

FLOODPLAIN MANAGEMENT REGULATIONS

Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of the police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.[10]

[Added 7-18-2016 by Ord. No. 2016-15]

FLOODWAY

The channel and portions of the adjacent floodplain that carry the greater part of the 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 design flood and that are delineated on the Flood Boundary-Floodway Map as floodways in the Township and that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.

FLOOR AREA

The sum of the gross horizontal areas of the several floors of a building or group of buildings on a lot, measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings. Floor area shall not include roof overhangs less than three feet or any floors or portions thereof contained on terraces or balconies projecting beyond the exterior face of the building, areas occupied permanently by mechanical equipment,) any space where the floor-to-ceiling height shall be less than seven feet, provided that such space shall be used only for storage, building maintenance and operation activities, and roofed or enclosed areas devoted exclusively to off-street parking and loading spaces in excess of the number required by ordinance. Basements which satisfy applicable construction code definitions of habitable space, whether finished or unfinished, are included in floor area calculations for residential purposes.

[Amended 12-2-1990 by Ord. No. 91-31]

FLOOR AREA RATIO (FAR)

The aggregate floor area, in square feet, of a building or group of buildings on a lot divided by the area, in square feet, of the lot.[11]

[Amended 7-27-1987 by Ord. No. 87-20; 4-19-1999 by Ord. No. 99-07]

GARAGE, PRIVATE

A building or enclosed space used as an accessory to the main building which provides the storage of motor vehicles and in which no occupation, business or service for profit is carried on.

GARAGE, PUBLIC OR COMMERCIAL

A building or enclosed space other than a private garage for the storage of motor vehicles exclusively or for the storage of motor vehicles at which filling station service, sales of accessories or repairs, other than body and collision repairs and painting and refinishing, are permitted. This term does not include motor vehicle showrooms for new or used motor vehicles.

GENERAL OFFICE

A building comprised of more than 10,000 square feet in which at least 1/2 are rented or occupied by noncorporate or nonprofessional service-oriented business concerns.

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.[12]

[Added 1-20-2009 by Ord. No. 2008-52]

HISTORIC STRUCTURE

Any structure that is:

[Added 7-18-2016 by Ord. No. 2016-15]

Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

Individually listed on the State of New Jersey inventory of historic places if the state has an historic preservation program which has been approved by the Secretary of the Interior.

LANDSCAPE TRANSITION BUFFER

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

[Added 6-12-2023 by Ord. No. 2023-03]

(a)

By an approved state program as determined by the Secretary of the Interior; or

(b)

Directly by the Secretary of the Interior in states without approved programs.

HOME OCCUPATION

A professional office, individual instruction and provision of services conducted in a dwelling unit and subordinate to the residential use and meeting the criteria established for home occupations in Article XXIX of Part 4, Zoning.

[Amended 8-22-1988 by Ord. No. 88-15]

HOTEL

Any building, including but not limited to any related structure, accessory building, and land appurtenant thereto, and any part thereof, which contained 10 or more units of dwelling space or has sleeping facilities for 25 or more persons and is kept, used, maintained, advertised as, or held out to be a place where sleeping or dwelling accommodations are available to transient or permanent guests. This definition shall also mean and include any hotel, motor hotel, motel, corporate suite or established guesthouse.

[Amended 3-5-2007 by Ord. No. 2007-01; 11-23-2009 by Ord. No. 2009-22]

HOUSEKEEPING UNIT

One or more persons living together in one dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a nonprofit basis.

IMPERVIOUS SURFACE

A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.

[Added 9-15-2008 by Ord. No. 2008-21]

IMPROVEMENT COVERAGE

The building coverage plus the area of all paved surfaces, both impervious and pervious, which cover a lot, such as required parking spaces, including necessary maneuvering areas, passageways and driveways giving access thereto, service areas, accessways, streets, walkways, patios and plazas but excluding walkways, impervious or pervious materials used as landscape elements, such as fish ponds, birdbaths, stone/wood mulch used as a landscape feature in flower areas, walls made of wood, stone, pavers or similar materials enclosing flower or vegetable gardens, bark mulch, crushed stone, blue stone or similar materials used in flower or vegetable gardens for weed control and/or the appearance of the materials.

[Added 9-20-2010 by Ord. No. 2010-21]

INCINERATOR

A furnace for reducing waste material to ashes.

INTERESTED PARTY

In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey and, in the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under N.J.S.A. 40:55D-1 et seq. 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 N.J.S.A. 40:55D-1 et seq.

[Amended 4-19-1999 by Ord. No. 99-07]

JUNKYARD

The use of any space, whether inside or outside a building, for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition, salvage, resale or abandonment of automobiles or other vehicles or machinery or parts thereof.

KENNEL

Any structure, premises or refuge wherein or whereon the business of boarding or selling or breeding of small animals is carried on; included shall be such establishments as animal shelters and animal hospitals.

LAND

Improvements and fixtures on, above or below the surface.

LANDFILL

A lot or part thereof used for disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose of garbage, offal, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or standardized products.

LANDSCAPING

An area of land restricted to landscape items which may also include such element as natural features, earth berms, sculpture, signs, lighting, accessways, bikeways and pedestrianways, but not including motor vehicle parking, extending along the entire lot line where they are required. The width of a landscape area shall be measured as right angles to the lot line.

LANDSCAPE SCREEN/STRIP

A completely planted visual barrier (or having equivalent natural growth) composed of evergreen plants and trees and/or shrubs arranged to form both a low-level and a high-level screen.

An area of land restricted to landscape elements, which may include lawns, plantings, natural features, earth berms, sculpture, lighting, bikeways and pedestrian pathways, but not including motor vehicle parking extending along the entire lot line(s) where they are required. The width of a landscape buffer shall be measured at right angles to the lot line.

LIMITED BREWERY

A commercial facility, which shall not sell or serve food or operate a restaurant, which brews any malt alcoholic beverages in quantities for which it is licensed by the Alcoholic Beverage Commission and which sells the product at retail to consumers on the licensed premises of the brewery for consumption on the premises but only in connection with tours of the brewery, or for consumption off premises in a quantity of not more than 15.5 fluid gallons per person, and to offer samples for sampling purposes only. "Sampling" shall mean the selling at a nominal charge or the gratuitous offering of an open container not exceeding four ounces of any malt alcoholic beverage produced on the premises.

[Added 1-27-2020 by Ord. No. 2020-04]

LIVE/WORK UNIT

A building that provides both residential and work space on a single property, some of whose residents might work there and some of which might accommodate nonresident employees.

[Added 11-23-2009 by Ord. No. 2009-22]

LIVING SPACE

The net square footage inside the unit, but excluding, stairways, garages, balconies and porches.

[Added 12-23-1996 by Ord. No. 96-35]

LOGO

Any symbol, shape, graphic or picture that a company uses to represent itself as a branding tool.

[Added 10-6-2008 by Ord. No. 2008-28]

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.[13]

LOT AREA

The area of a lot taken at its perimeter, exclusive of any portion within a public or private street right-of-way.

LOT, CORNER

A lot at the junction of and abutting on two or more intersecting streets, where the interior angle of intersection does not exceed 135º.

LOT DEPTH

The length of a line, lying midway between and parallel to side lines or midway between and making equal angles with two converging side lines, between the point of its intersection with the street line and the point of its intersection with a rear lot line.

LOT, FLAG

A lot having its full size and area behind another lot and having access to a street by a right-of-way not less than 50 feet wide. Such lots known as "pork chop," "rear" or "L" shaped shall also be defined as herein.

LOT FRONTAGE

The straight line distance measured between points where side lines meet street lines: e.g., the chord of a circle in a cul-de-sac.

LOT, FRONT OF

In the case of a lot abutting one street only, the edge of the lot which abuts the street. When a lot abuts two or more streets, the front of the lot is that abutting side which is so designated on the lot plan by the owner, and abutting edges adjacent to the designated front shall be considered as sides of the lot. Any other edge abutting a street which is not a front or side as above defined shall also be considered a front.

LOT LINE

Any boundary of a lot other than a street line.

LOT, THROUGH

A lot, other than a corner lot, which extends from one street to another, having frontage on both streets.

LOT WIDTH

The distance between the side lines measured parallel to the front lot line at the minimum front yard setback line.

LOW- AND MODERATE-INCOME HOUSING

Dwelling units developed pursuant to § 200-237 herein.

[Amended 2-25-1985 by Ord. No. 85-1]

LOWEST FLOOR

The top surface of the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other applicable nonelevation design requirements of 44 CFR 60.3.

[Added 6-11-1984 by Ord. No. 84-16; amended 4-6-1987 by Ord. No. 87-7; 7-18-2016 by Ord. No. 2016-15; 6-12-2023 by Ord. No. 2023-03]

LOW-INCOME HOUSEHOLD

A household earning between 0% and 50% of the median income established and adjusted from time to time for the geographic area in which the Township is located by the United States Department of Housing and Urban Development.

LOW-INCOME HOUSING

Housing which, with the appropriate purchase or rental subsidy, is constructed and kept available for families or individuals, including senior citizens whose incomes do not exceed low-income levels as defined, from time to time, for the Township by the United States Department of Housing and Urban Development.

[Amended 2-25-1985 by Ord. No. 85-1]

MAINTENANCE GUARANTY

Any security which may be accepted by the Township for the maintenance of any improvements required by N.J.S.A. 40:55D-1 et seq., including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5 and cash.

[Amended 4-19-1999 by Ord. No. 99-07]

MAJOR SUBDIVISION

Any subdivision not classified as a minor subdivision.

MAKE-READY PARKING SPACE

The prewiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, Level 2 EVSE and direct current fast chargers. "Make-ready" includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a plug-and-play basis. "Make-ready" is synonymous with the term "charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et al.).

[Added 10-25-2022 by Ord. No. 2022-18]

MANUFACTURED HOME

A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" shall also include park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles. The term "manufactured home" does not include a recreational vehicle.

[Added 4-6-1987 by Ord. No. 87-7; amended 7-18-2016 by Ord. No. 2016-15]

MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION

A parcel (or contiguous parcels) of land divided into two or more manufacturer home lots for rent or sale.

[Added 4-6-1987 by Ord. No. 87-7]

MANUFACTURING, LIMITED

An activity which involves the fabrication, reshaping, reworking, assembly or combining of products from previously prepared materials and which does not involve the synthesis of chemical or chemical products or the processing of any raw materials. Limited manufacturing includes light industrial operations such as electronic, machine parts and small component assembly, as opposed to heavy industrial operations such as automobile assembly or milling activities.

MARQUEE

Any hood, canopy, awning or permanent construction which projects from the wall of a building, usually above an entrance.

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 N.J.S.A. 40:55D-28 et seq.

MINOR SUBDIVISION

Any subdivision of land that does not involve more than two lots fronting on an existing street or road, provided that such subdivision does not involve a planned development, any new street or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to Article XVIII. No minor subdivision shall be approved by the Planning Board if any earlier minor subdivision has already been made from the same original parcel after August 15, 1975. Parcels resulting from such or future minor subdivision actions shall not be decreed to constitute a new original parcel.

MODERATE-INCOME HOUSEHOLD

A household earning between 50% and 80% of the median income established and adjusted from time to time for the geographic area in which the Township is located by the United States Department of Housing and Urban Development.

[Amended 2-25-1985 by Ord. No. 85-1]

MODERATE-INCOME HOUSING

Housing which, with the appropriate purchase or rental subsidy, is constructed and kept available for families or individuals, including senior citizens whose incomes do not exceed moderate-income levels as defined, from time to time, for the Township by the United States Department of Housing and Urban Development.

MOTEL

A building or group of buildings containing rented rooms for transients and having access either directly to the outside or through a common lobby or corridor.

MULTIPURPOSE SPORTS PATIO

A combination of materials providing for an exclusive and separate playing surface, constructed on a stabilized base of compact crushed rock, concrete, asphalt, wood decking or safety tiles, for the playing of such activities as basketball, volleyball, badminton, shuffleboard, hopscotch, roller-skating or racquetball.

[Added 12-19-1994 by Ord. No. 94-62]

MUNICIPAL AGENCY

The Planning Board, Board of Adjustment or Township Council or any agency created by or responsible to the municipality when acting pursuant to Part 3, Subdivision and Site Plan Procedures.

MUNICIPAL HOUSING LIAISON

The employee charged by the Township Council with the responsibility for oversight and administration of the affordable housing program for West Windsor.

[Added 10-15-2007 by Ord. No. 2007-18]

MUNICIPALITY

Township of West Windsor.[14]

NONCOMMERCIAL SIGN

A sign not larger than 16 square feet for residential districts and 32 square feet for nonresidential districts which directs attention to and/or reports or comments or editorializes on matters of public interest and/or presents or promotes an opinion, viewpoint or belief on a social, cultural, philosophical, political, religious or other subject.

[Added 12-23-1996 by Ord. No. 96-33]

NONCONFORMING LOT

A lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING STRUCTURE

A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

NONCONFORMING USE

A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

NURSING HOME

A facility operated for the purpose of providing therein lodging, board and nursing care to sick, invalid, infirm, disabled or convalescent persons for compensation and duly licensed by all governmental agencies.

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 the county pursuant to N.J.S.A. 40:27-5.

OFFICIAL MAP

A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32 to 40:55D-36.

OFF-SITE

Located outside the lot lines of the lot or portions of a lot 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 a lot or portion of a lot which is the subject of a development application.

ON-TRACT

Located on the property which is the subject of a development application or 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.

OUTPATIENT SURGICAL FACILITY

A facility providing surgical treatment to patients not requiring hospitalization. It is not part of a hospital but is organized and operated to provide medical care to out-patients. Patients shall be served solely on an outpatient basis, and no patients shall be kept overnight on the premises.

[Added 12-14-2020 by Ord. No. 2020-25]

OWNER

The duly authorized agent, attorney, purchaser, devisee, fiduciary or any person having vested or contingent interest in the property in question.

PERFORMANCE GUARANTY

Any security which may be accepted by the Township, including but not limited to surety bonds, letters of credit under circumstances specified in N.J.S.A. 40:55D-53.5, and cash.

[Amended 4-19-1999 by Ord. No. 99-07]

PERFORMING ARTS FACILITY

A multiuse establishment that is intended for use by various types of the performing arts, including but not limited to dance, music, and theater.

[Added 12-14-2020 by Ord. No. 2020-25]

PERSON

Any association, partnership, corporation, cooperative group, trust or other entity, as well as an individual.

PERVIOUS SURFACE

Any paved surface, including porous pavement and environmental pavers, that permits the percolation of surface water through it, but which does not permit normal landscape treatment.

[Added 9-15-2008 by Ord. No. 2008-21]

PET DAY-CARE FACILITY

A facility where dogs, cats, and other domestic household pets are temporarily boarded for pay or remuneration of any sort. A pet day-care service is distinguished from a kennel in that pets are typically boarded for the day, although overnight may be available. A pet day-care establishment may also offer accessory services, such as retail sales of pet care supplies, veterinary services, and animal grooming. The breeding and/or selling of animals at these facilities is not permitted.

[Added 12-14-2020 by Ord. No. 2020-25]

PLANNED DEVELOPMENT

Planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development. For purposes of Part 4, Zoning, the following types of planned development are utilized:

PLANNED UNIT RESIDENTIAL DEVELOPMENT, PLANNED RESIDENTIAL DEVELOPMENT or PLANNED RESIDENTIAL NEIGHBORHOODAn area with a specified minimum contiguous acreage as specified by ordinance to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate public or quasi-public uses all primarily for the benefit of the residential development.

RESIDENTIAL CLUSTER or OPEN SPACE CLUSTER RESIDENTIAL DEVELOPMENTAn area to be developed as a single entity according to a plan containing residential housing units in which the individual lots have a common or public open space area as an appurtenance. Open space cluster development pertains only to single-family detached dwelling units.

PLANNED COMMERCIAL DEVELOPMENTAn 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 INDUSTRIAL DEVELOPMENT or RESEARCH OFFICE LIMITED MANUFACTURING PARK DEVELOPMENTAn 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 industrial uses and any other uses incidental to the predominant use as may be permitted by ordinance.

MIXED USE CENTER PLANNED DEVELOPMENTAn 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 a mix of office, hotel, recreational and convention uses and any specialty retail or service and residential or other uses incidental to the predominant uses as may be permitted by ordinance.

PRELIMINARY FLOOR PLANS AND ELEVATIONS

PLANNED EDUCATIONAL DEVELOPMENTAn 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 private educational facilities of higher learning and other uses incidental to the predominant use as may be permitted by ordinance.

PLAT

The map of a subdivision.

PLAT, FINAL

The final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with Part 3, Subdivision and Site Plan Procedures, and which, if approved, shall be filed with the Clerk of the County of Mercer for recording in accordance with law.

PLAT, PRELIMINARY

The preliminary map indicating the proposed layout of the subdivision, which is submitted to the Planning Board for consideration and preliminary approval and meeting the requirements of Article XVII, Part 3, Subdivision and Site Plan Procedures.

PLAT, SKETCH

The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of Part 3, Subdivision and Site Plan Procedures.

PLAZA

A continuous open area, accessible to the public at all times and designed to receive maximum sunlight, containing but not limited to trees and other landscaping, seating, decorative pavement, artwork and kiosks.

PODIUM

A single or multistory parking structure that serves as the base or ground level for one or more permitted uses, including, but not limited to buildings, parking, and site amenities. Structures built on top of a podium may cover all or part of the podium.

[Added 3-18-2019 by Ord. No. 2019-04]

PORTE-COCHERE

A porch roof or canopy projecting over a driveway at the entrance to a building and sheltering those entering or exiting the building.

[Added 6-8-2004 by Ord. No. 2004-18]

PRELIMINARY APPROVAL

The conferral of certain rights as set forth in Part 3, Subdivision and Site Plan Procedures, prior to final approval and after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.

Architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form its scope, scale and relationship to its site and immediate environs.

PRINCIPAL BUILDING

A building in which is conducted the main or principal use of the lot on which said building is located.

PROFESSIONAL OFFICE

The office of a member of a recognized profession or occupation, including architects, artists, authors, dentists, doctors, lawyers, veterinarians, ministers, musicians, optometrists, engineers, realtors and such other similar professions or occupations which may be so designated by the Board of Adjustment upon finding by such Board that such occupation is truly professional in character by virtue of the need for similar training and experience as a condition for the practice thereof, and that the practice of such occupation shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone in which it is located to a greater extent than for the professional activities listed herein.

PUBLIC AREAS

Public parks, playgrounds, trails, paths and other recreational areas and other public open spaces, scenic and historic sites and sites for schools and other public buildings and structures.

PUBLIC DEVELOPMENT PROPOSAL

A master plan, capital improvements 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 biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of exiting and proposed culverts and bridges, to induce water recharge into the ground where practical and to lessen nonpoint pollution.

[Amended 4-19-1999 by Ord. No. 99-07]

PUBLIC OPEN SPACE

An open space area conveyed or otherwise dedicated to the Township, Township agency, the regional Board of Education, a state or county agency or any other public body for recreational or conservational uses.

PUBLIC WATER/PUBLIC SEWERAGE

Water supply and sewage disposal systems that serve more than one dwelling or other building; such systems may be either privately or publicly owned and operated.

QUORUM

The majority of the full authorized membership of the municipal agency.[15]

[Amended 4-19-1999 by Ord. No. 99-07]

RESEARCH

The act or enterprise of systematic search for, acquisition of and practical application of scientific knowledge in the biological, chemical, physical and engineering sciences, specifically including, but not limited to:

[Added 2-11-1991 by Ord. No. 91-01; amended 4-19-1999 by Ord. No. 99-07]

Analytical, theoretical, experimental and scientific investigation.

Design, engineering and development of materials, products and processes.

Assembly, fabrication, operation and processing of prototype materials, processes and products as necessary for test and/or evaluation.

Pilot plant manufacturing, operation and processing of prototype materials, processes and products as necessary for test and/or evaluation.

Distribution, sales and storage of materials, processes and products as necessary for test and/or evaluation.

Direct administration, control, management and support of the above activities and the personnel so employed, as necessary.

RESEARCH LABORATORY

A facility housing research, as defined herein. Research and research support uses include but are not limited to the following:

[Amended 2-11-1991 by Ord. No. 91-01]

Laboratories devoted to experimentation in the biological, chemical, physical and/or engineering sciences, including the design, development, engineering and/or testing of materials, processes and products and the assembly, fabrication operation, and/or processing of prototype materials, processes and/or products for test and/or evaluation.

Rooms housing equipment and/or materials actively and directly used in research, including computer rooms, conference rooms, libraries and demonstration rooms.

Office space for employees, consultants and/or visitors actively participating in, supervising or supporting research uses.

RETAIL CONVENIENCE FOOD STORE

Cafeteria/kitchen space for serving employees and guests; shipping/receiving, stockroom and storage facilities; support services; dispensary; and exercise, locker and shower rooms for employees.

RESIDENTIAL CLUSTER

A contiguous area to be developed as a single entity according to a plan containing residential housing units in which the individual lots have a common or public open space area as an appurtenance.

[Amended 4-19-1999 by Ord. No. 99-07]

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

Any premises where food is commercially sold for on-premises consumption to patrons seated at tables or counters. Any facility making use of carhop or parking lot service to cars or for the consumption of food to be eaten in said cars or outdoors shall not be considered a restaurant for the purpose of this chapter and shall be deemed to be a drive-in establishment.

A retail establishment of up to 5,000 square feet selling primarily food products, household items, newspapers and magazines, candy and beverages, and a limited amount of freshly prepared foods such as sandwiches and salads for off-premises consumption.

[Added 11-23-2009 by Ord. No. 2009-22]

RIGHT-OF-WAY LINES

The boundary lines of land used or intended for use as streets, as shown on deeds, plats or the master plan, and from which yard and other requirements shall begin.

SCHOOL

Any public or private institution offering instruction for students up to and through the secondary level.

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.

SELF-STORAGE FACILITY

A building or group of buildings in single ownership containing separate spaces or compartments for storage of goods, wares and equipment and leased or rented on an individual basis.

[Added 5-24-2021 by Ord. No. 2021-09]

SENIOR CITIZEN HOUSING

Housing within which residency shall be restricted to permanent residents of the age 62 years and over, except for the spouse and one child 18 years or more of age of a qualifying resident.

SENIOR DAY CARE

A nonresidential facility providing care for the elderly and/or functionally impaired adults in a protective environment. Operators shall be licensed as required by the State of New Jersey as applicable to operate and offer services such as providing meals, social services, recreational outings and trips, physical therapy, general supervision, and support. Senior day-care centers may not provide services to participants for longer than 12 hours in a day.

[Added 7-27-2020 by Ord. No. 2020-17]

SETBACK

An area extending the full width of the lot between the street right-of-way and the required yard within which no buildings or parts of buildings may be erected.

SHARED CAR SERVICES

Car rental services whereby cars are available for rental for short periods of time.

[Added 3-7-2011 by Ord. No. 2011-5]

SHOPPING CENTER

A tract of land, with buildings or structures planned as a whole and intended for three or more retail establishments, with accessory parking and loading on the same site.

SIGN

Any structure or part thereof or any device attached to a building or painted or represented thereon which shall display or include any letter, word, model, banner, pennant, insignia, device, trade flag, symbol or representation which is in the nature of or which is used as an announcement, direction or advertisement, for commercial purposes or otherwise. A sign includes any message, neon tube, string of lights or similar device outlining, hung, painted upon or attached to a part of a building or lot, but does not include the flag or insignia of any nation or group of nations or of any governmental agency or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement, organization or event. Excluded from this definition are signs which are solely devoted to prohibiting trespassing, hunting or fishing.

SIGN AREA

The entire space within a single continuous perimeter enclosing the extreme limits of a sign or, when a sign consists of individual letters or logos, the space bounded by the largest vertical height or the lettering/logo by the largest horizontal width. For double-sided identical signs, only one side constitutes total sign area. For monument signs, sign area includes only the area that encloses the extreme limits of the lettering/logo. It does not include the base and/or cap of the monument.

[Amended 10-6-2008 by Ord. No. 2008-28]

SIGN BAND

The horizontal area on a building facade located between the first floor elevation and the top of any door and windows located on the first floor.

[Added 10-6-2008 by Ord. No. 2008-28]

SIGN FUNCTIONS

May include, but not be limited to, the following:

[Amended 10-6-2008 by Ord. No. 2008-28]

ADVERTISINGA sign directing attention to a business commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is maintained.

BUSINESSA sign directing attention to a business, commodity, service or entertainment conducted, sold or offered upon the same premises as those upon which the sign is located.

DIRECTORYA sign of permanent character that is attached directly to the building and is parallel to the building, but with interchangeable letters, words or numerals, indicating the names of persons associated with or services offered upon the premises whereon a sign is maintained.

INSTRUCTIONALA sign conveying instructions with respect to the premises on which it is maintained, such as parking lot entrance or exit signs and danger signs.

NAMEPLATEA sign indicating the name, address and/or profession or occupation of a person.

PUBLICSigns of a noncommercial nature and in the public interest erected by or on the order of a public officer in the performance of his or her duty, such as safety signs, danger signs, memorial plaques or citations, official court and public notices, signs of historical interest and the like.

(7)

TEMPORARYA sign which is designed to advertise or announce, for a limited period, a particular event or series of events, to solicit political support or to announce the availability for sale of a particular item or items.

SIGN HEIGHT

The greatest vertical dimension between the top of a sign and the ground.

SIGN, ILLUMINATED

Any sign illuminated by electricity, gas or other artificial light, including reflective or phosphorescent light.

SIGN, INTERIOR

Any sign that is affixed to or painted on the interior of a window or any sign located inside and within three feet of the face of the window, which sign is designed to be visible from the exterior of the window.

SIGN TYPES

May include, but not be limited to, the following types:

[Amended 10-15-1996 by Ord. No. 96-25; 10-6-2008 by Ord. No. 2008-28]

GROUNDA freestanding sign supported by uprights or braces in or upon the ground and not attached to any part of a building.

GROUND-MOUNTED PROJECT/TENANT IDENTIFICATIONA freestanding sign that sits directly upon the ground and is not attached to any part of a building that identifies the name of a development and/or tenants of a particular development.

HANGINGA sign designed to project beyond the front face and perpendicular to it over a public walkway.

INTEGRALA sign carved into stone, concrete or similar material or made of bronze, aluminum or other permanent type construction and made an integral part of the structure.

MARQUEEA sign attached to or hung from a marquee, canopy or other covered structure projecting from and supported by the building.