This chapter shall be known and may be cited
as the "West Amwell Township Land Development Ordinance."
[Amended by Ord. No. 95-07]
The purpose of this chapter is to exercise the
authority delegated to municipalities under N.J.S.A. 40:55D-1 et seq.
to regulate development and to promote good planning practice. This
chapter is designed to protect the public health, safety, and general
welfare in furtherance of the following related and more specific
objectives:
A.Â
To encourage municipal action to guide the appropriate
use or development of all lands in this state, in a manner which will
promote the public health, safety, morals, and general welfare;
B.Â
To secure safety from fire, flood, panic and other
natural and man-made disasters;
C.Â
To provide adequate light, air and open space;
D.Â
To ensure that the development of individual municipalities
does not conflict with the development and general welfare of neighboring
municipalities, the county and the state as a whole;
E.Â
To promote the establishment of appropriate population
densities and concentrations that will contribute to the well-being
of persons, neighborhoods, communities and regions and preservation
of the environment;
F.Â
To encourage the appropriate and efficient expenditure
of public funds by the coordination of public development with land
use policies;
G.Â
To provide sufficient space in appropriate locations
for a variety of agricultural, residential, recreational, commercial
and industrial uses and open space, both public and private, according
to their respective environmental requirements in order to meet the
needs of all New Jersey citizens;
H.Â
To encourage the location and design of transportation
routes which will promote the free flow of traffic while discouraging
location of such facilities and routes which result in congestion
or blight;
I.Â
To promote a desirable visual environment through
creative development techniques and good civic design and arrangements;
J.Â
To promote the conservation of historic sites and
districts, open space, energy resources and valuable natural resources
in the state and to prevent urban sprawl and degradation of the environment
through improper use of land;
K.Â
To encourage senior citizen community housing construction;
L.Â
To encourage coordination of the various public and
private procedures and activities shaping land development with a
view of lessening the cost of such development and to the more efficient
use of land;
M.Â
To promote utilization of renewable energy sources;
N.Â
To promote the maximum practicable recovery and recycling
of recyclable materials from municipal solid waste through the use
of planning practices designed to incorporate the State Recycling
Plan goals and to complement municipal recycling program;
O.Â
To establish reasonable standards for the location,
size and appearance of buildings and structures;
P.Â
To prohibit uses, buildings or structures which are
incompatible with the character of the permitted uses in specified
zoning districts and surrounding areas;
Q.Â
To regulate alteration of existing buildings in order
to prevent alterations or additions to existing buildings or structures
as would not comply with the restrictions and limitations of this
chapter;
R.Â
To conserve the value of land and buildings throughout
the Township.
Unless otherwise expressly stated, the following
terms shall, for the purposes of this chapter, have the meaning herein
indicated. Where certain words or phrases are not defined below, their
meanings shall be as defined in N.J.S.A. 40:55D-1 et seq.
[Amended by Ord. No. 95-07]
As used in this chapter, the following terms
shall have the meanings indicated:
A self-contained accessory residential dwelling unit that
is eligible for affordable housing credit. The unit shall include
a kitchen, sanitary facilities, sleeping quarters and a private entrance,
and may be 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 11-18-2015 by Ord.
No. 10-2015]
A separate and subordinate building, on the same lot with
a principal structure or a portion of a principal structure, occupied
or devoted exclusively to an accessory use, whether or not said accessory
building has a foundation. Where an accessory building is attached
to a principal structure by any means, such accessory building shall
be considered part of the principal structure for the purposes of
determining setback requirements.
A self-contained residential dwelling unit secondary to a
principal residential or nonresidential use that is clearly a subordinate
part of the principal use/structure. The unit shall include a kitchen,
sanitary facilities, sleeping quarters and a private entrance, and
may be 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 11-18-2015 by Ord.
No. 10-2015]
A separate and subordinate structure, on the same lot with
a principal structure or a portion of a principal structure, devoted
exclusively to an accessory use, whether or not said accessory structure
has a foundation. Where an accessory building is attached to a principal
structure by any means, such accessory structure shall be considered
part of the principal structure for the purposes of determining height
and setback requirements.
[Amended 11-18-2015 by Ord. No. 10-2015; 2-17-2021 by Ord. No. 02-2021]
A use naturally and normally incident and subordinate to
the principal use of a structure or lot and located on the same lot
as the principal use to which it relates.[1]
The Clerk of the municipality, unless a different municipal
official or officials are designated by ordinance or statute.
The average number of cars per day that pass over a given
point.
Leading to unsafe or unsatisfactory conditions such as but
not limited to inadequate drainage, unsuitable street widths, grades
or locations, danger of flood, fire or erosion, and creation of a
potential nuisance to surrounding properties.
Soils which may be corrosive to cast iron and ductile iron
pipe. These soils represent approximately 5% of the soils found within
the United States and include dump areas, swamps, marshes, alkaline
soils, cinder beds, polluted river bottoms, etc., which are considered
to be potentially corrosive.
The traveled way by which cars enter and depart parking spaces.
A public or private street primarily designed to serve as
secondary access to the side or rear of those properties whose principal
frontage is on some other street.
A soil developing from recently deposited alluvium and exhibiting
essentially no horizon development or modification of the recently
deposited materials. Alluvial soils include the following soil series
and miscellaneous land types: the Rowland and Bowmansville series,
Alluvial land, Alluvial land loamy, Alluvial land wet, Fluvaquents,
Udifluvents and Ochrepts.
Any change or rearrangement in the supporting members of
an existing building, such as bearing walls, columns, beams, girders
or interior partitions, as well as any change in doors or windows,
or any enlargement to or diminution of a building or structure, whether
horizontally or vertically, or the moving of a building or structure
from one location to another.
Any structure, premises, or refuge wherein or whereon the
business of boarding or selling, or breeding of small animals is carried
on; including such establishments as animal shelters and animal hospitals.
[Amended 11-18-2015 by Ord. No. 10-2015]
A use engaged in providing services for health maintenance,
diagnosis (including testing) and treatment of animal diseases, pain
or other physical or mental condition of animals.
[Added 11-18-2015 by Ord.
No. 10-2015]
A system of electrical conductors that transmit or receive
radio frequency signals for wireless communications.
[Added by Ord. No. 99-21]
A structure other than a telecommunications tower which is
attached to a building and on which one or more antennas are located.[2]
[Added by Ord. No. 99-21]
A developer submitting an application for development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat or site plan.
The West Amwell Township Planning Board, unless a different
agency is designated by ordinance.
A use providing work space for one or more artists or artisans
and may also include sale of art on premises, assembly uses and art
instruction.
[Added 11-18-2015 by Ord.
No. 10-2015][3]
A use which is licensed by the New Jersey Department of Health
and Senior Services to provide apartment-style housing and congregate
dining and to assure that assisted living services are available when
needed, for four or more adult persons unrelated to the proprietor.
In the context of this definition, "apartment" shall mean a dwelling
unit offering, at a minimum, one unfurnished room, private bathroom,
kitchenette, and a lockable door on the unit entrance.
[Added 11-18-2015 by Ord.
No. 10-2015]
Any premises on which are regularly held auctions, sales
of merchandise or any other personal property.
A financial institution that is open to the public and engaged
in deposit banking, and that performs closely related functions such
as making loans, investments, and fiduciary activities.
A steep-faced curb intended to prevent encroachments.
Any area of a building having its floor subgrade (below ground
level) on all sides.
A residential dwelling in which rooms are rented for temporary
lodging, and meals are only served to guests.
[Amended 11-18-2015 by Ord. No. 10-2015]
A type of paving stone generally cut in a truncated, pyramidal
shape, laid with the base of the pyramid down.
A mound of soil, either natural or man-made used as a view
obstruction.
A road designed to accommodate the shared use of the roadway
by bicycles and motor vehicles.
A pathway usually separated from the roadway, designed specifically
to satisfy the physical requirements of bicycling.[4]
The West Amwell Township Zoning Board of Adjustment established
pursuant to N.J.S.A. 40:55D-69.
An area within a property or site, generally adjacent to
and parallel with the property line, either consisting of natural
existing vegetation or created by the use of trees, shrubs, fences,
and/or berms, designed to continuously limit view of and/or sound
from the site to adjacent sites or properties.
The contiguous area of any lot exclusive of critical environmental
areas.
[Added by Ord. No. 01-03]
A combination of materials to form a construction adapted
to a permanent, temporary, or continuous occupancy and having a roof.
An area, frequently described by building setback lines,
depicting the area within which the building(s) will be constructed.
The vertical dimension measured from the average elevation
of the finished grade taken at all corners of a building to the highest
point of the roof.
[Amended 9-2-2004 by Ord. No. 15-2004]
A line drawn parallel to the street or lot line in such a
manner that the minimum front, rear and side yards are provided for.
The building in which is conducted the main use of the lot
on which said building is situated.[5]
The diameter of a tree trunk measured in inches, six inches
above ground level for trees up to four inches in diameter and measured
12 inches above ground level for trees over four inches in diameter.
A proposed schedule of all future projects listed in order
of construction priority together with cost estimates and the anticipated
means of financing each project.
A completed water supply and/or sewerage system put in place
for future use (contingent upon expansion), rather than to meet immediate
development needs.
The actual road surface area from curbline to curbline, which
may include travel lanes, parking lanes, and deceleration and acceleration
lanes. Where there are no curbs, the cartway is that portion between
the edges of the paved, or hard surface, width.
A business that provides services that include washing, waxing,
and cleaning motor vehicles. Functions may be performed by automatic
or mechanical devices, by persons, or by a combination.
[Added 11-18-2015 by Ord.
No. 10-2015]
Those waters designated in the Surface Water Quality Standards
at N.J.A.C. 7:9B-1.15 that have been identified for protection from
degradation in water quality because of their clarity, color, scenic
setting, and other characteristics of aesthetic value, exceptional
ecological significance, exceptional recreational significance, exceptional
water supply significance, or exceptional fisheries resources.
[Added 8-27-2014 by Ord.
No. 11-2014]
A story partly underground and having more than 1/4 of its
clear ceiling height below the average grade of the adjoining ground.
Any property used for interring the deceased.
[Added 11-18-2015 by Ord.
No. 10-2015]
The gap between the center line of roads adjoining a common
road from opposite or same sides.
A certificate issued by the Construction Code Official upon
the completion of the construction of a building or upon a change
in the occupancy of a building which certifies that all requirements
of this chapter, including such adjustments thereof which have been
granted by the Board of Adjustment, and all other applicable requirements,
have been complied with.
As used in this chapter, written endorsement by the Township
Engineer of a plan or completed improvement, or written endorsement
by the administrative officer of the completeness of an application
for development.
The use of a building or land which is in any manner different
from the previous use by way of function, operation, extent, products
sold or manufactured, or external impacts, but not including a change
in ownership or occupancy unless the nature of intensity of the use,
as described above, is changed.
The bed and banks of a river, stream, brook or spring which
convey the normal flow of the watercourse.
The straightening and deepening of channels and/or the surfacing
thereof to permit water to move rapidly and/or directly.
A development design technique that concentrates buildings
in specific areas on a site to allow remaining land to be used for
recreation, common open space, or preservation of historic or environmentally
sensitive features.
[Added 11-18-2015 by Ord.
No. 10-2015]
Use of a common wireless telecommunication facility (WTF)
or a common site by two or more wireless license holders or by one
wireless license holder for more than one type of communications technology
and/or placement of a WTF on a structure owned or operated by a utility
or other public entity.[6]
[Added by Ord. No. 99-21; amended 11-18-2015 by Ord. No.
10-2015]
Any commercially registered vehicle, except a passenger car,
with no advertising matter exposed to view. Vehicles normally associated
with commercial use, but not registered as a commercial use, shall
be deemed commercial vehicles.
Open space, buildings, structures, recreational facilities,
utilities and other improvements owned by and/or operated for the
benefit of the residents in common, including but not limited to swimming
pools, tennis courts, building structures and entries, roads, drainage
systems, pedestrian and bicycle pathways and other facilities.
A lateral serving more than one unit.
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.
Ownership of land and/or real improvements by an association,
cooperative or the like.
Any community residential facility licensed pursuant to 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,
and further defined pursuant to N.J.S.A. 40:55D-66.1 et seq.[7]
[Amended 11-18-2015 by Ord. No. 10-2015]
An application form completed as specified by ordinance along
with all accompanying documents and information. The administrative
officer shall deem an application complete upon the submittal of all
required materials, in writing, within the time periods specified
by the Municipal Land Use Law. For the purpose of this action the
administrative officer shall be the Planning or Zoning Board Engineer.
[Amended 9-2-2004 by Ord. No. 15-2004]
A preliminary presentation and attendant documentation of
a proposed subdivision or site plan of sufficient accuracy to be used
for the purpose of discussion and classification.
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, Zoning, of this chapter, and upon the issuance of an authorization therefor by the Planning Board.[8]
An area traversed or bordered by a stream or other important
natural feature that a landowner or the Township desires to preserve.
These areas provide important, natural environmental services that
protect water quality, preserve plant and animal habitats, or help
prevent pollution, erosion, sedimentation or other impacts from land
use practices. These easements shall be of sufficient area and width
to protect and preserve the aforementioned features, and such further
width or construction, or both, as will be adequate or required to
achieve said purposes. Creation of a conservation easement shall not
automatically confer rights of public access within the easement area.
Such access shall be subject to agreement and permission of the landowner.
Such easements shall carry the following limitations:
[Added 8-27-2014 by Ord.
No. 11-2014]
They shall remain undisturbed in order to preserve plant and
animal habitats located within the easement area, and to maintain
their natural ability to protect the environmental quality of riparian
areas, especially water quality, from erosion and excess runoff.
No trees or shrubs shall be removed or destroyed on lands in
the easement except in accordance with the applicable permitted uses
or approved forest management practices.
No structures of any description shall be erected unless permitted
by the Planning Board or Board of Adjustment.
No fill or excavation of any kind shall be permitted.[9]
A use engaged in construction contracting services including,
but not limited to, general or specialty construction trades. A contractor's
yard may include office, workshop, storage of materials, storage of
vehicles and storage of equipment as accessory uses. The use shall
not include on-site sale or manufacturing of materials or merchandise.
[Added 11-18-2015 by Ord.
No. 10-2015]
See "lot coverage."
[Amended 9-2-2004 by Ord. No. 15-2004]
A portion or portions of land containing the following: wetlands,
wetlands transition areas, open waters, flood hazard areas classified
as either "V" or "A" zones, slopes of 25% or greater measured over
even ten-foot intervals.
[Added by Ord. No. 01-03]
A circular region measured outward from a tree trunk representing
the area of the roots that must be maintained or protected for the
tree's survival. It is measured as one foot of radial distance for
every inch of tree diameter (DBH) measured at 4.5 feet above the ground,
with a minimum radius of eight feet. For specimen trees, the critical
root zone shall be 1.5 feet for every inch of tree diameter.
[Added 8-27-2014 by Ord.
No. 11-2014]
A local street with only one outlet to a through street and
with a turnaround at the end.
A structure designed to convey a watercourse not incorporated
in a closed drainage system under a road or pedestrian walk.
A vertical or sloping edge of a roadway. See also "Belgian
block curb," "barrier curb," and "mountable curb."
A use providing data storage, internet distribution and similar
services. The use may also be referred to as, and shall include, a
telecom hotel, carrier hotel, colocation center or Internet datacenter.
[Added 11-18-2015 by Ord.
No. 10-2015]
The date of adoption of a resolution memorializing an action
by the Board.
A facility providing care for the elderly and/or functionally
impaired adults in a protective setting for a portion of a twenty-four-hour
day.
[Added 11-18-2015 by Ord.
No. 10-2015]
A use licensed by the New Jersey State Department of Human
Services for the daytime accommodation of children.
[Added 11-18-2015 by Ord.
No. 10-2015]
Calendar days.
An act transmitting property or interest thereto.
The permitted number of dwelling units per gross acre of
land to be developed for residential use and residential accessory
uses.
Guidelines that provide a general framework for sound planning.
Standards that set forth specific improvement requirements.
A man-made or natural water collector facility designed to
collect surface and subsurface water in order to impede its flow and
to release the same gradually at a rate not greater than that prior
to the development of the property, into natural or man-made outlets.
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 any other person
having enforceable proprietary interest in such land.
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, dredging, grading, paving, drilling operations, 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.
A zoning ordinance, subdivision ordinance, site plan ordinance,
official map ordinance or other municipal regulation of the use and
development of land, adopted pursuant to the Municipal Land Use Law.
The measurement of the diameter of the trunk of a tree planted
in the ground taken 4.5 feet from the ground level on the uphill side
of the tree.
[Added 8-27-2014 by Ord.
No. 11-2014]
A street having an island or other barrier separating moving
lanes.
The removal of surface water or groundwater from land by
drains, grading, or other means. This includes control of runoff during
and after construction or development to minimize erosion and sedimentation
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage, and the means
necessary for water supply preservation or prevention or alleviation
of flooding.
Any component of the drainage system.
The lands required for the installation of storm sewers or
drainage ditches, or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage, in accordance with N.J.S.A.
55:1 to 58:1-34., and in accordance with the chapter on floodplain
management.[10]
The system through which water flows from the land, including
all watercourses, waterbodies and wetlands.
A vertical line extending from the outermost edge of the
tree canopy or shrub branch to the ground beneath.
[Added 8-27-2014 by Ord.
No. 11-2014]
A paved or unpaved area used for ingress or egress of vehicles,
and allowing access from a street to a building or other structure
or facility.
See "capped system."
A room or series of connected rooms containing living, cooking,
sleeping and sanitary facilities for one housekeeping unit. The dwelling
unit shall be self-contained and shall not require access through
another dwelling unit or other indirect route(s) to get to any portion
of the dwelling unit, nor shall there be shared facilities with another
housekeeping unit.
SINGLE-FAMILY DETACHEDA freestanding residential building which contains one dwelling unit and which has no walls common with any other dwelling unit.
SINGLE-FAMILY ATTACHEDA building designed for one housekeeping unit and attached to at least two other similar buildings or structures by party walls extending from the foundation to the roof, with each unit having its own front and rear access to the outside; known as "townhouses."
TWO-FAMILY or DUPLEXA dwelling unit sharing a common horizontal or vertical separation with only one other dwelling unit.
MULTIFAMILYMore than two dwelling units sharing common vertical walls and/or common horizontal separations in a single structure; known as "apartments."
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.
An elder cottage housing opportunity (ECHO) unit is a small
removable modular cottage on a lot with a dwelling. The ECHO unit
shall be separate living quarters, accessory to a primary residence
on the premises, not exceeding 720 square feet of gross floor area
for the use of and occupancy by not more than two persons, one of
whom may be a professional caregiver and at least one of whom must
be related by blood, marriage or adoption to the lot owner, who must
occupy the primary residence on the premises. One of the ECHO unit
related occupants shall be 62 years of age or older or disabled over
the age of 18 as defined in Section 223 of the Social Security Act.[11]
[Added by Ord. No. 02-04]
A use for teaching professional, artistic and/or physical
activity and skills. This term shall include, but not be limited to,
tutoring, career training teaching music and teaching martial arts.
The term does not include school uses.
[Added 11-18-2015 by Ord.
No. 10-2015]
A residential dwelling unit without a separate bedroom. However,
for the purposes of this chapter, an "efficiency" shall be considered
a one-bedroom unit.[12]
[Amended 11-18-2015 by Ord. No. 10-2015]
A use for the public or private presentation of and/or participation
in performing arts, sports and other recreation activities. This term
shall include but not be limited to skating rinks, amphitheaters,
carnivals, bowling alleys, movie theaters, and basketball courts.
The term shall not include parks and associated recreation facilities.
[Added 11-18-2015 by Ord.
No. 10-2015]
Features, natural resources, or land characteristics that
are sensitive to improvements and may require conservation measures
or the application of creative development techniques to prevent degradation
of the environment, or may require limited development, or in certain
instances may preclude development.
The detachment and movement of soil or rock fragments by
water, wind, ice, and gravity.
A plan which fully indicates necessary land treatment measures,
including a schedule of the timing for their installation, which will
effectively minimize soil erosion and sedimentation. Such measures
shall be equivalent to or exceed standards adopted by the New Jersey
State Soil Conservation Committee.
A deed, bond, money, or a piece of property delivered to
a third person to be delivered by him to the grantee only upon fulfillment
of a condition.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
See "subdivision."
Any number of persons related by blood, marriage or adoption
or unrelated individuals maintaining a single housekeeping unit or
as otherwise defined by state statute.
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 the 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. A child being cared for under the
following circumstances is not included in the total number of children
receiving child-care services:
A parcel of land consisting of five acres or more which is
used for gain, whose principal use is agriculture, forestry, horticulture,
floriculture or animal husbandry, including the boarding of horses.
A farm shall not include the area of land devoted to a farmhouse and
its accessory structures, although a farmhouse may exist on the same
lot as a farm providing that the area of land devoted to the farmhouse
and its accessory structures meets the required minimum lot area for
a single-family residence in the zone.
Any building used for the housing of agricultural equipment,
produce, livestock or poultry or for the incidental or customary processing
of farm products, and provided that such building is located on, operated
in conjunction with and necessary to the operation of a farm as defined
by this section.
A plan which provides for use of land, within its capabilities
and treatment, within practical limits, according to chosen use to
prevent further deterioration of soil and water resources.
A use composed of outdoor market open to the public at which
at least 75% of the products sold are farm products or value-added
farm products of the vendors regularly participating during the market's
hours of operation.
[Added 11-18-2015 by Ord.
No. 10-2015]
A use within a building or utilizing a structure, comprising
500 square feet or less, from which agricultural products produced
on the premises are sold.[14]
[Amended 11-18-2015 by Ord. No. 10-2015]
An establishment serving food for consumption either on or
off site with one or more drive-through windows.
[Amended 9-2-2004 by Ord. No. 15-2004]
An artificially constructed barrier of wood, masonry, stone,
wire, metal or any other manufactured material or combination of materials.
The official action of the Planning Board taken on a preliminarily
approved major subdivision or site plan, after all conditions, engineering
plans or other requirements have been completed or fulfilled and the
required improvements have been installed or guarantees properly posted
for their completion, or approval conditioned upon the posting of
such guarantees.
The final map of all or a portion of a subdivision which
is presented for final approval, and which, if approved, shall be
filed with the proper county recording officer.
A use for the purpose of physical fitness which includes,
but is not limited to, such equipment as weight resistance machines,
whirlpools, saunas, showers, and lockers. The use may include classes
available to the public or facility members.
[Added 11-18-2015 by Ord.
No. 10-2015]
Any premises in which space is rented on a temporary basis
for the sale of personal property.
That portion of the flood hazard area outside of the floodway.
That area encompassing the floodway and adjacent portions
of the floodplain fixed by the hydraulic gradient line established
by the nearest downstream bridge structure except that in no case
shall it exceed the elevations established for the floodplain area.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
The official report provided in which the Federal Insurance
Administration has provided flood profiles, as well as the Flood Boundary
Floodway Map and the water surface elevation of the base flood.
The lowland area adjacent to a stream that floods regularly
with high flows from heavy rainfall or after snow melts. The periodic
flooding of this area creates a specific habitat for flora and fauna
that characteristically inhabit a floodplain. In many areas of New
Jersey in recent years, these areas have seen increased development
pressure, even though in most cases they are unsuitable areas for
building.
[Amended 8-27-2014 by Ord. No. 11-2014]
This is the area that is formed by following the outside
boundaries of the area inundated by a one-hundred-year flood. A one-hundred-year
flood is estimated to have one-percent chance or one chance in 100
of being equaled or exceeded in any one year.
[Added 8-27-2014 by Ord.
No. 11-2014]
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
0.2 foot.
The area of all floors of buildings or structures.
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
See definition for "woodlands." The term "woodland" is used
interchangeably with the term "forest."
[Added 8-27-2014 by Ord.
No. 11-2014]
A contiguous grouping of trees growing on a site that is
sufficiently uniform in age and class distribution, composition and
structure and are of sufficiently uniform quality to be a distinguishable
unit.
[Added 8-27-2014 by Ord.
No. 11-2014]
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.
One garage space shall equal a maximum of 300 square feet.
[Added by Ord. No. 04-04]
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.
An establishment providing sales of vehicle fuel and such
services as lubrication, oil and tire changes, and minor repairs.
This use does not include paint spraying or body fender repair.
A plan outlining general, rather than detailed, development
intentions. It describes the basic parameters of a major development
proposal, rather than giving full engineering details. As such, it
allows general intentions to be proposed and discussed without the
extensive costs involved in submitting a detailed proposal.[15]
The Township Committee of West Amwell Township.
The ground elevation, or the slope of a street, or other
public way, specified in percentage terms.
Any stripping, cutting, filling, stockpiling or combination
thereof.
The total area within a commercial or industrial structure
available or proposed for rent or lease.
Low-growing plants or sod that in time form a dense mat covering
the area in which they are planted preventing soil from being blown
or washed away and the growth of unwanted plants.[16]
Any security which may be accepted by the Township including,
without limitation, cash or a bond in the form of a surety underwritten
by an insurance company approved by the State of New Jersey in a form
approved by the Township Committee.
A shallow channel usually set along a curb or the pavement
edge of a road for purposes of catching and carrying off runoff water.
Method of controlled trial and error by which water distribution
system can be analyzed.
Includes but is not limited to inorganic mineral acids of
sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous, selenium
and arsenic and their common salts; lead, nickel and mercury and their
inorganic salts or metal-organic derivatives; and coal tar acids,
such as phenols and creosols, and their salts.
One or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites.
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing which has been
formally designated in the Master Plan as being of historical, archaeological,
cultural, scenic or architectural significance.
A business, profession, occupation, or trade conducted for
gain or support and located entirely within a residential building,
which use is accessory, incidental, and secondary to the use of the
building for dwelling purposes and does not change the essential residential
character or appearance of such building.
A facility offering transient lodging accommodations to the
general public and providing additional accessory services such as
a restaurant, meeting rooms and recreational facilities.
[Amended 11-18-2015 by Ord. No. 10-2015]
A building or structure, or groups of buildings or structures,
that by design and construction are primarily intended for conducting
organized religious services and associated accessory uses.
[Added 2-17-2021 by Ord. No. 02-2021]
A governmental subdivision of this state, which encompasses
this municipality, organized in accordance with the provisions of
Chapter 24, Title 4, of the New Jersey Revised Statutes.
A soil that in its undrained condition is saturated, flooded
or ponded long enough during the growing season to develop anaerobic
conditions that favor the growth and regeneration of hydrophytic vegetation.
The properties, distribution, and circulation of water.
A surface that has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by water.
A body of water, such as a pond, confined by a dam, dike,
floodgate or other barrier.
For subdivision purposes or site plan, any street which complies
in width and construction with municipal standards.
Path provided for pedestrian use and usually located at the
side of a road within the right-of-way.
Any man-made, immovable item which becomes part of, placed
upon, or is affixed to, real estate.
A residential housing development in which a percentage or
all of the housing units are affordable to low- and moderate-income
households.
A septic tank, seepage tile sewage disposal system, or any
other approved sewage treatment device serving a single unit.[17]
In street design, a raised area usually curbed, placed to
guide traffic, separate lanes, or used for landscaping, signing, or
lighting.
The use of any space, whether inside or outside of a building,
for the selling, buying, storage, keeping, or abandonment of junk,
including scrap metals or other scrap materials or any used or disabled
fixtures, vehicles or equipment of any kind.
A use for scientific research, investigation, testing, or
experimentation, but not facilities for the manufacture or sale of
products, except as incidental to the main purpose of the laboratory.
This term shall include, but shall not be limited to, the above activities
involving the following: biotechnology and pharmaceuticals.
[Added 11-18-2015 by Ord.
No. 10-2015]
Real property including improvements and fixtures on, above,
or below the surface.
Any activity involving the clearing, grading, transporting,
filling and any other activity which causes land to be exposed to
the danger of erosion.
Pipes conducting sewage from individual buildings to larger
pipes called trunk or interceptor sewers that usually are located
in street rights-of-way.[18]
An off-street space or berth located on the same lot with
a building or group of buildings for the temporary parking of a commercial
vehicle while loading and unloading. A loading space shall have 12
feet of vertical clearance, and no portion of a loading or unloading
vehicle shall extend over a public street right-of-way, or within
10 feet of the edge of pavement.
A use that is licensed or approved to provide health care
under medical supervision for 24 or more consecutive hours to two
or more patients who are not related to the governing authority or
its members by marriage, blood, or adoption. Long-term care facility
shall include the terms "skilled nursing facility" and "intermediate
care facility."
[Added 11-18-2015 by Ord.
No. 10-2015]
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.
The size of a lot measured within the lot lines and expressed
in terms of acres or square feet.
A method of subdivision for single-family development where
the gross residential density of the development is the same as that
of a conventional subdivision, but where individual lots may be larger
or smaller.
A lot fronting on two or more streets at their intersection(s).
A corner lot shall have one rear yard and two or more front yards
but may not have more than one side yard.
The area of a lot covered by principal and accessory buildings,
roofed porches and decks; paved and gravel surfaced areas, including
patios, driveways, parking areas, private streets, walkways and plazas.
[Added 9-2-2004 by Ord. No. 15-2004]
A mean horizontal distance between the street line and the
rear lot line, measured in the general direction of its side lot lines.
A lot comprised of the staff and flag. The flag is that portion
of the flag lot within which all structures must be located and which
is connected to a public road by the staff. The staff is that portion
of the flag lot utilized as the accessway to connect the flag to the
public road.
That portion of a lot extending along a street line.
A line of record bounding a lot.
The lot line separating the lot from the street right-of-way.
The lot line opposite and most distant from the front lot
line or the point at which the two side lot lines meet in the case
of a triangular lot.
Any lot line other than a front or rear lot line.
The mean horizontal distance between the side lot lines measured
at right angles to its depth and at a point which constitutes the
rear line of the required front yard setback.
The percentage of housing units devoted to low- and moderate-income
households within an inclusionary development.
Housing affordable according to the federal Department of
Housing and Urban Development or other recognized standards for home
ownership and rental costs, and occupied or reserved for occupancy
by households with a gross household income equal to 50% or less of
the median gross household income for households of the same size
within the housing region in which the housing is located; and subject
to "affordability" controls.
A use engaged in the repair of motor vehicles, industrial
equipment, construction equipment, aeronautical equipment, agricultural
equipment, and similar heavy equipment. This shall include painting
and body repair.
[Added 11-18-2015 by Ord.
No. 10-2015]
In any system of continuous piping, the principal artery
of the system to which branches may be connected.
Any security that is acceptable to the governing body to
assure the maintenance of approved installations by developers.
Any security, other than cash, that may be accepted by a
municipality for the maintenance of any required improvements.
Any site plan not classified as a minor site plan.
A system of solar or photovoltaic panels and equipment for
the production of energy that is not a minor solar or photovoltaic
energy facility or structure.
[Added 3-23-2011 by Ord. No. 3-2011]
Any subdivision not classified as a minor subdivision.
An inspection chamber whose dimensions allow easy entry and
exit and working room for a person inside.
A use engaged in the manufacture of products from extracted
or raw materials, or the manufacture, assembly, fabrication, packaging
or other processing of such products, or an outdoor use engaged in
the manufacture, assembly, fabrication, packaging or other processing
of finished or partially finished parts or products from previously
prepared materials. Said parts, products, or materials may consist
of the following: stone or concrete product manufacturing; crude oil
or similar petroleum products; involve tanning; chemical, explosive,
radioactive, poison, pesticides, herbicides, or other similar hazardous
materials.
[Added 11-18-2015 by Ord.
No. 10-2015]
An indoor use engaged in the manufacture, assembly, fabrication,
packaging or other processing of finished or partially finished parts
or products from previously prepared materials. Said parts, products,
or materials shall not consist of the following: crude oil or similar
petroleum products; involve tanning; chemical, explosive, radioactive,
poison, pesticides, herbicides, or other similar hazardous materials.
This term shall include, but shall not be limited to, the above activities
involving the following: food, textiles, wood, paper, pharmaceuticals,
plastic or metal products. This term shall exclude any use which meets
the definition of "heavy manufacturing."
[Added 11-18-2015 by Ord.
No. 10-2015]
A service street that runs parallel to a higher-order street
which, for purposes of safety, provides access to abutting properties
and separation from through traffic. It may be designed as a residential
access street or subcollector as anticipated daily traffic dictates.[19]
A composite of one or more written or graphic proposals for
the development of the municipality as set forth and adopted by the
Planning Board pursuant to N.J.S.A. 40:55D-28.
That portion of a divided highway separating the traveled
ways of traffic proceeding in opposite directions.
A meteorological tower to measure wind speeds and determine
whether a site qualifies for a wind turbine.
[Added 3-23-2011 by Ord. No. 3-2011]
A development plan for one or more lots, provided
that such site plan does not involve:
Planned development.
Any new street.
An extension of any off-street improvement which
is to be prorated pursuant to N.J.S.A. 40:55D-42.
A new structure.
More than 500 square feet of additional floor
area to an existing building.
More than five additional parking spaces.
A significant impact on drainage or traffic
circulation in the area, as determined by the Planning Board.
A conditional use or variance from the zoning
requirements.
A minor site plan shall contain the information
reasonably required in order to make an informed determination as
to whether the requirements established by ordinance for approval
of a minor site plan have been met.
A solar or photovoltaic panel or system of panels for the
production of energy that:
[Added 3-23-2011 by Ord. No. 3-2011]
Uses solar energy as its fuel; is located on the power beneficiary’s
premises; is designed and intended primarily to offset part or all
of the beneficiary’s requirements for energy consumption on
site; and is secondary to the beneficiary’s use of the premises
for other lawful purpose(s); or
Is intended to mitigate electrical system improvement requirements;
and
Generates not more than 110% of the power consumed by the beneficiary’s
premises, which shall be documented through the submission of power
company electricity usage bills for the 12 months prior to the date
of application, or another form of documentation acceptable to the
West Amwell Township Zoning Officer. This documentation shall be provided
at the time of application.
A subdivision of land of not more than two lots, excluding
the remaining lot, provided that:
[Amended by Ord. No. 99-23]
Such subdivision does not involve a planned
development;
Such subdivision does not involve any new street;
Such subdivision does not involve the extension
of any off-tract improvement, the cost of which is to be prorated
pursuant to N.J.S.A. 40:55D-42; or
No portion of the lands involved have constituted
a part of any prior minor subdivision within four years of the recording
of any such prior subdivision.
Municipal Land Use Law.
Housing affordable according to the federal Department of
Housing and Urban Development or other recognized standards for home
ownership and rental costs, and occupied or reserved for occupancy
by households with a gross household income equal to or more than
50% but less than 80% of the median gross household income for households
of the same size within the housing region in which the housing is
located; and subject to affordability controls.[20]
A use providing sales of vehicle fuel, including alternative
fuels, and such services as lubrication, oil and tire changes, and
minor repairs. This use does not include paint spraying or body fender
repair.
[Added 11-18-2015 by Ord.
No. 10-2015]
A low curb with a flat slope designed to be crossed easily
without discomfort.
Any traffic lane where traffic movement is the primary if
not sole function.
A layer of wood chips, dry leaves, straw, hay, plastic, or
other materials placed on the surface of the soil around plants to
retain moisture, prevent weeds from growing, hold the soil in place,
and aid plant growth.
The Planning Board or Zoning Board of Adjustment of West
Amwell Township, whichever has jurisdiction to review and approve
an application for development pursuant to N.J.S.A. 40:55D-1, et seq.
[Amended 8-27-2014 by Ord. No. 11-2014]
The Township of West Amwell.
Any use owned, operated and/or used by West Amwell Township
or the Board of Education.
[Added 11-18-2015 by Ord.
No. 10-2015]
A use which houses a collection(s) of literature, art, or
other objects, having exhibits for public viewing.
[Added 11-18-2015 by Ord.
No. 10-2015]
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.
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.
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.[21]
A use principally engaged in conducting the affairs of a
business, profession, service industry, or government. Offices may
include accessory uses serving office workers and visitors such as
a cafe or newspaper stand. Example office uses include but are not
limited to real estate agencies, architecture firms, accounting firms,
financial advising firms and insurance companies. Banks shall not
be included. The use shall not include manufacturing, assembly or
productions of goods on the premises, banks or the sale of goods or
products from the premises, except for accessory sales and banking
services intended primarily as a convenience to office personnel and
office visitors.
[Amended 11-18-2015 by Ord. No. 10-2015]
A use engaged in providing services for health maintenance,
diagnosis (including testing) and treatment of human diseases, pain
or other physical or mental condition of patients solely on an outpatient
basis. Example medical offices shall include but are not limited to
general physicians, dentists, chiropractors, psychologists, cardiologists
and other various specialties. Urgent care centers and hospitals shall
not be included.
[Added 11-18-2015 by Ord.
No. 10-2015]
A map adopted pursuant to Article 5 (N.J.S.A. 40:55D-32 et
seq.). Such map shall be deemed to be conclusive with respect to the
location and width of the street, public parks and playgrounds and
drainage right-of-way shown thereon.
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.
A temporary storage area for a motor vehicle that is directly
accessible to an access aisle, and that is not located on a dedicated
street right-of-way.
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.
A new street, water, sewage or drainage improvement or extension
or modification of an existing improvement which is not located on
the property which is the subject of an application nor on a contiguous
portion of a street or right-of-way and which includes either of the
following:
All improvements of the types required for on-tract
installation, where the need for providing for such improvements off
tract is, in whole or in part, made necessary by the proposed application
and where such improvements will confer a benefit upon the lands which
are the subject of the application.
Any improvement or facility, the installation
of which is required in the public interest but which would not otherwise
be required except for the improvement of the lands which are the
subject of the application and the installation of which would confer
a benefit upon the lands which are the subject of the application.
In addition to improvements of the type referred to above, improvements
required to maintain a safe flow of vehicular and pedestrian traffic
are specifically declared to be necessary and in the public interest.
Located on the lot in question.
A temporary storage area for a motor vehicle which is located
on a dedicated street right-of-way.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be subdivided to commence and maintain proceedings to subdivide
the same under this chapter.
A "solar panel" is an elevated panel or plate, or a canopy
or array thereof, that captures and converts solar radiation to produce
power, and includes but is not limited to flat plate, focusing solar
collectors, or photovoltaic solar cells, and excludes the base or
foundation of the panel, plate, canopy or array.
[Added 3-23-2011 by Ord. No. 3-2011]
A lane usually set on the sides of streets, designed to provide
on-street parking for vehicular traffic.
A private street with perpendicular parking.
An area provided for the parking of a motor vehicle.
Any public or private 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 include both passive and active outdoor recreational
areas.
[Amended 11-18-2015 by Ord. No. 10-2015]
See "cartway."
A test designed to determine the ability of ground to absorb
water, and used in determining the suitability of a soil for drainage
or for the use of a septic system.
Any security, including cash, which may be accepted by a
municipality to ensure installation of required subdivision and/or
site plan improvement, provided that a municipality shall not require
more than 10% of the total performance guarantee in cash.
A certificate issued by the appropriate authorized agency
to allow work to be performed.
Any use which is allowed by the provisions of this chapter.
An individual, corporation, partnership or other entity owning
or having control over the use of lands affected by the terms of this
chapter.
Any material that permits full or partial absorption of stormwater
into previously unimproved land.[22]
Planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
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.
The Planning Board of the Township of West Amwell established
pursuant to N.J.S.A. 40:55D-23.
A map or maps of a subdivision or site plan.
Water suitable for drinking or cooking purposes.
An initial meeting between developers and municipal representatives
which affords developers the opportunity to present their proposals
informally.
The conferral of certain rights prior to final approval after
specific elements of a development plan have been agreed upon by the
Planning Board and the applicant.
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.
A map indicating the proposed layout of a development and
related information as required by this chapter that is submitted
for preliminary approval.
A structure arranged, adopted or designed for the predominant
or primary use for which a lot is used. Unless specifically permitted
by a provision of this chapter, no lot shall have more than one principal
structure.
The predominant or primary use for which a lot is used.
[Amended 11-18-2015 by Ord. No. 10-2015]
A paved cartway which provides vehicular access to more than
one dwelling unit or lot, and which is not located in a public right-of-way.
Any use which is not specifically permitted by this chapter.
A building which is owned and used by a governmental agency.
Any improvement on publicly held property, or on private
property if said improvement accommodates impacts that originate off
tract or control external impacts.
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, board of education, state or county agency, or other
public body for recreational or conservational uses.
The use of land or buildings by the Township of West Amwell
or by any other federal, state, county or municipal governmental body
including the West Amwell Township Board of Education.
The mining of stone and the business of conducting a quarry
including the sale and shipping of excavated material.
The majority of the full authorized membership of a municipal
agency.
A self-propelled, vehicular structure built
as one unit on a chassis and designed for temporary living for travel,
recreation, vacation or other short-term uses and which may contain
cooking, sleeping and sanitary facilities; or
A trailer containing cooking and sleeping facilities
for travel, recreation, vacation or other short-term use.
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.
[Amended 11-18-2015 by Ord. No. 10-2015]
A use engaged in the preparation and sale of food and/or
beverages.
[Amended 11-18-2015 by Ord. No. 10-2015]
See "subdivision."
A use engaged in the sale of goods directly to the consumer,
where such goods are available for immediate purchase and removal
from the premises by the purchaser.
[Amended 11-18-2015 by Ord. No. 10-2015]
A use engaged in providing services to the general public
for personal or household use, including, but not limited to, those
related to beauty, dry cleaning, laundromats, shoe repair, and tanning.
This shall not include medical or office uses such as, but not limited
to, real estate, financial advising or insurance companies.
[Amended 11-18-2015 by Ord. No. 10-2015]
A structure erected between lands of different elevation
to protect structures and/or to prevent the washing down or erosion
of earth from the upper slope level.
A pond, pool or basin used for the permanent storage of water
runoff.
A commercial establishment where horses are boarded and cared
for, and where instruction in horseback riding may be offered, horse
shows may occur and where horses may be hired for riding.
[Added 11-18-2015 by Ord.
No. 10-2015]
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, road, electric transmission line, gas
pipeline, water main, sanitary or storm sewer main, shade trees, or
for another special use.
The waterway's buffer, which under normal conditions, employs
natural vegetation to trap sediments from upslope erosion and filter
fertilizers, pesticides, and other pollutants than run off farmland
and other developed areas. This is often a wet area that supports
trees, shrubs, grasses, and other plant and animal species that depend
on changeable conditions.
[Added 8-27-2014 by Ord.
No. 11-2014]
A use that provides teaching of children or adults a complete
education curriculum and may include primary and secondary schools,
colleges, professional schools, business schools, trade schools, and
similar facilities. Public and private uses are included.
[Added 11-18-2015 by Ord.
No. 10-2015]
A structure or planting consisting of fencing, berms, and/or
evergreen trees or shrubs providing a continuous view obstruction
within a site or property.
The deposit 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.
A barrier or dam built at a suitable location to retain rock,
sand, gravel, silt or other material.[23]
A use that provides separate compartments for self-service
storage of personal property by individuals and businesses and where
the owner of the personal property is responsible for the movement
of their property, rather than the facility owner. This may include
climate-controlled and refrigerated facilities. The term shall also
include private security vaults.
[Added 11-18-2015 by Ord.
No. 10-2015]
An underground system with a septic tank used for the decomposition
of domestic wastes.
A watertight receptacle that receives the discharge of sewage.
The distance between the street right-of-way line and the
front line of a building or any projection thereof, excluding uncovered
steps.
Any pipe conduit used to collect and carry away sewage or
stormwater runoff from the generating source to treatment plants or
receiving streams.[24]
The graded part of the right-of-way that lies between the
edge of the main pavement (main traveled way) and the curbline.
A triangular-shaped portion of land established at street,
accessway or driveway intersections in which nothing is erected, placed,
planted or allowed to grow in such a manner as to limit or obstruct
the sight distance of motorists entering or leaving the intersection.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the
lot, including but not necessarily limited to topography, vegetation,
drainage, floodplains, marshes, and waterways;
The location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures, signs, lighting,
and screening devices; and
Any other information that may be reasonably
required in order to make an informed determination pursuant to this
chapter.
See "major site plan."
See "minor site plan."
Rough layout of a proposed land development of sufficient
detail, clarity, and accuracy to be used for discussion prior to submission
of a preliminary plat.
An energy conversion system, consisting of a wind turbine,
a tower, and associated control or conversion electronics, that is
used to generate electricity and has a nameplate capacity of 100 kilowatts
or less, which converts wind energy by means of a rotor into electrical
power for the primary purpose of meeting all or a part of a dwelling’s
energy requirements, and has a rated capacity consistent with applicable
provisions of the State Uniform Construction Code promulgated pursuant
to the State Uniform Construction Code Act,” P.L. 1975, c. 217
(N.J.S.A. 52:27D-119). As used in these regulations, the primary application
of a wind energy system is the conversion of wind by a machine with
turbine apparatus (includes base, rotor blades, nacelle, tower, inverter,
batteries or other components used in the system) capable of producing
electricity by converting the kinetic energy of wind into electrical
energy. The term does not include electrical distribution or transmission
lines or electrical substations.
[Added 3-23-2011 by Ord. No. 3-2011]
All unconsolidated mineral and organic material of any origin.
A mixture of portland cement and locally available soil.
It serves as a soil stabilizer.
A system of solar or photovoltaic panels and equipment for
the production of energy that is not a minor solar or photovoltaic
energy facility or structure.
[Added 11-18-2015 by Ord.
No. 10-2015]
A solar or photovoltaic panel or system of panels for the
production of energy that:
[Added 11-18-2015 by Ord.
No. 10-2015]
Uses solar energy as its fuel; is located on the power beneficiary's
premises; is designed and intended primarily to offset part or all
of the beneficiary's requirements for energy consumption on site;
and is secondary to the beneficiary's use of the premises for other
lawful purpose(s); or
Is intended to mitigate electrical system improvement requirements;
and
Generates not more than 110% of the power consumed by the beneficiary's
premises, which shall be documented through the submission of power
company electricity usage bills for the 12 months prior to the date
of application, or another form of documentation acceptable to the
West Amwell Township Zoning Officer. This documentation shall be provided
at the time of application.
An individual tree that measures 60% or more of the circumference
at breast height (4.5 feet above grade) of a State record "Big Tree"
for that species. The "Big Tree List" is available at the NJDEP, Division
of Parks and Forestry, Community Forestry Program.
[Added 8-27-2014 by Ord.
No. 11-2014]
Turf, or earth (soil), strengthened usually by the mixing
of cement or lime with the original material to achieve increased
strength, thereby reducing shrinkage and movement.
Lands having a slope of 15% or greater. Protecting slopes
helps control sediment and pollutants and keep development away from
unsuitable areas. Undisturbed slopes help preserve stream banks, support
groundwater base flows and provide habitat. Steep slopes cannot effectively
remove contaminants. The slope shall be protected from concentrated
runoff from adjacent land, except for natural streams.
[Added 8-27-2014 by Ord.
No. 11-2014]
A provision for storage of stormwater runoff and the controlled
release of such runoff during and after a flood or storm.
A provision for storage of stormwater runoff.
That part of any building, exclusive of cellars but inclusive
of basements, comprised between the level of one finished floor and
the level of the next higher finished floor, or if there be no higher
finished floor, then that part of the building comprised between the
level of the highest finished floor and the top of the roof beams.
Any space partially within the roof framing, where the clear
height of not more than 65% of such space between the top of the floor
beams and the structural ceiling level is seven feet or more.
A pathway for surface water with bed and banks that confine
and conduct continuously or intermittently flowing water. Characteristically,
a stream's flow is a combination of surface water from the direct
runoff overland of precipitation, or groundwater from natural features
including wet soils, seeps, and springs that discharges into the stream
and comprises its base flow. These waters, which include intermittent
or ephemeral small streams, shall exhibit characteristics of natural
watercourses, and shall not include ponds, lakes, or man-made features
such as ditches and detention basins.
[Added 9-2-2004 by Ord.
No. 15-2004; amended 8-27-2014 by Ord. No. 11-2014]
The document required under § 109-150.1E that describes
the effects of any development approved by the Planning Board or Board
of Adjustment within any stream corridor. The stream corridor management
plan shall describe in detail all development activities anticipated
within the stream corridor, and it shall be filed as part of the normal
application review process in accordance with § 109-150.1E.
[Added 8-27-2014 by Ord.
No. 11-2014]
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 act; or
which is shown on a plat duly filed and recorded in the office of
the county recording officer prior to the appointment of a planning
board and the grant to such board of the power to review plats; and
includes the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines. Streets shall be classified
as follows:
PRIMARY ARTERIALSThose streets which are used primarily for fast or heavy regional through traffic.
SECONDARY ARTERIALSThose streets which are so designated on the Master Plan of the Township of West Amwell as principal traffic arteries through the Township.
COLLECTORSThose streets which provide or will provide the secondary system of circulation within the Township as designated on the Master Plan which provide the main access to the major street system.
RESIDENTIAL SUBCOLLECTORSThose streets which provide or will provide circulation within residential neighborhoods and which provide access to the secondary street system.
RESIDENTIAL ACCESS OR LOCAL STREETSThose streets designed primarily to provide access to abutting properties.
MARGINAL ACCESS STREETSThose streets which are adjacent and parallel to primary arterials or secondary arterials and are designed to preclude direct access from adjacent properties to the primary arterial or secondary arterial.
Man-made, above-ground items that are usually found in street
rights-of-way, including benches, kiosks, plants, canopies, shelters,
and phone booths.
The mechanical and utility systems within a street right-of-way
such as hydrants, manhole covers, traffic lights and signs, utility
poles and lines, parking meters and the like.
The conceptual arrangement of streets based upon function.
A hierarchical approach to street design classifying streets according
to function, from high traffic arterial roads down to streets whose
function is residential access.
The right-of-way line of a street as indicated by public
usage, dedication or deed of record, or as shown on an adopted Master
Plan or Official Map. Where a definite right-of-way width has not
been established, the street line shall be assumed to be a point 25
feet from the center line of the existing traveled roadway.
A street that has its only ingress and egress at two points
on the same subcollector or collector street.
Any activity which significantly disturbs vegetated or otherwise
stabilized soil surface, including clearing and grubbing operations.
Any building or other artificial thing which is built or
constructed, either above or below ground.
[Amended 2-17-2021 by Ord. No. 02-2021]
A portion of a street for which an extension has been proposed
and approved. May be permitted when development is phased over a period
of time, but only if the street in its entirety has been approved
in the preliminary plan.
The division of a lot, tract, or parcel of land
into two or more lots, tracts, parcels, or other divisions of land
for sale or development. The following shall not be considered subdivisions
within the meaning of this chapter, if no new streets are created:
Divisions of land found by the Planning Board
or subdivision and site plan committee to be for agricultural purposes
where all resulting parcels are five acres or larger in size;
Divisions of property by testamentary or intestate
provisions;
Divisions of property upon court order, including
but not limited to judgments of foreclosure;
Consolidation of existing lots by deed or other
recorded instrument; and
The conveyance of one or more adjoining lots,
tracts or parcels of land, owned by the same person or persons and
all of which are found and certified by the administrative officer
to conform to the requirements of the municipal development regulations
and are shown and designated as separate lots, tracts or parcels on
the tax map or atlas of the municipality.
The term "subdivision" shall also include the
term "resubdivision."
A committee appointed by the Chairperson of the Planning
Board for the purpose of reviewing, commenting on and making recommendations
with respect to subdivision and site plan applications and having
the power to approve minor site plans and subdivisions. Only those
committee members who are members or alternates of the board having
jurisdiction to act have the power to vote on a matter involving a
minor site plan or subdivision pursuant to N.J.S.A. 40:55D-46.1 and
N.J.S.A. 40:55D-47.
The natural ground lying beneath a road.
Includes all soil beneath the top layer of soil, be it sand,
gravel, clay, boulders, stone aggregate, dirt, or a combination of
one or more of the foregoing, or otherwise.
A depression in the ground, either natural or man-made, which
directs surface runoff.
Portable pools shall not be subject to the requirements of
this chapter and are those pools which are not otherwise permanently
installed; do not require water filtration, circulation and purification;
do not exceed a water surface of 100 square feet; and do not require
braces or supports.
Private residential swimming pools shall mean and include
artificially constructed pools, whether located above or below the
ground, having a depth of more than 18 inches and/or a water surface
in excess of 100 square feet; designed and maintained for swimming
and bathing purposes by an individual for use by members of his household
and guests; and located on a lot as an accessory use to a detached
dwelling. The term "swimming pool" shall include all buildings, structures,
equipment and appurtenances thereto.
The height above grade of the tower plus the wind generator.
[Added 3-23-2011 by Ord. No. 3-2011]
A freestanding structure on which one or more antennas are
located, including monopoles and similar structures.
[Added by Ord. No. 99-21]
A use established for a fixed period of time with the intent
to discontinue such use upon the expiration of such time, and which
does not involve the construction or alteration of any permanent structures.
The original upper layer of soil material to a depth of six
inches which is usually darker and richer than the subsoil.
The Township of West Amwell.
An area of land composed of one or more lots adjacent to
one another having sufficient dimensions and area to make one parcel
of land meeting the requirements of this chapter for the use(s) intended.
The original land area may be divided by one or more existing public
streets and still be considered one tract provided that such street
or streets are not arterial or collector roads and that a linear distance
equal to more than 75% of the frontage of the side of the street having
the larger street frontage lies opposite an equivalent linear distance
of street frontage on the other side of the street.[25]
A single or one-way vehicle movement to or from a property
or study area. Trips can be added together to calculate the total
number of vehicles expected to enter and leave a specific land use
or site over a designated period of time.
Lower-growing tree and shrub populations that often comprise
a separate plant and animal habitat immediately beneath the forest
canopy. Understory species characteristically attain modest height
compared to dominant species in a mature forest area, but may reach
heights of 25 feet to 50 feet and generally comprise shade-tolerant
tree species essential to the regenerative health of a natural forest
stand.
[Added 8-27-2014 by Ord.
No. 11-2014]
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
All lines and facilities related to the provision, distribution,
collection, transmission, or disposal of energy, water, storm and
sanitary sewage, oil, gas, power, information, telephone, cable, or
similar service. However, the term shall not include wireless telecommunications.
[Added 11-18-2015 by Ord.
No. 10-2015]
Permission to depart from the literal requirements of Part 4, Zoning, of this chapter, pursuant to Subsection b of N.J.S.A. 40:55D-40 and Subsections c and d of N.J.S.A. 40:55D-70.
The use of any building, lot, or portion thereof for the
display, sale, rental, or lease of two or more motor vehicles, and/or
any motor-vehicle repair service. "Motor vehicle," for the purpose
of this definition, shall include automobiles, trucks, motorcycles,
boats, recreation vehicles, and trailers.
[Added 11-18-2015 by Ord.
No. 10-2015]
A determination by the Board that certain submission requirements
set forth in this chapter are not required for said application to
be certified as complete.
A use for the storage, loading, unloading and/or distribution
of goods, products or materials which may include consolidation, transfer,
repacking and value-added services.
[Added 11-18-2015 by Ord.
No. 10-2015]
A natural or man-made conduit in the ground which channels
water on a continuous basis, except in times of drought, for which
a floodplain or flood hazard area has been delineated on official
maps of the Township.
Those areas that are inundated or saturated by surface or
ground water at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation." Wetlands generally include swamps,
bogs, marshes and similar areas.
An area of land adjacent to a freshwater wetland which minimizes
adverse impacts on the wetland or serves as an integral component
of the wetlands ecosystem.
A use engaged in selling and/or distributing merchandise
to retailers; to industrial, commercial, institutional, or professional
business users, or to other wholesalers; or acting as agents or brokers
and buying merchandise for, or selling merchandise to, such individuals
or companies. This shall not include retail sales.
[Added 11-18-2015 by Ord.
No. 10-2015]
An energy conversion system, consisting of a wind turbine,
a tower, and associated control or conversion electronics, that is
used to generate electricity and has a nameplate capacity of 100 kilowatts
or less, which converts wind energy by means of a rotor into electrical
power for the primary purpose of meeting all or a part of a dwelling's
energy requirements, and has a rated capacity consistent with applicable
provisions of the State Uniform Construction Code promulgated pursuant
to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A.
52:27D-119). As used in these regulations, the primary application
of a wind energy system is the conversion of wind by a machine with
turbine apparatus (includes base, rotor blades, nacelle, tower, inverter,
batteries or other components used in the system) capable of producing
electricity by converting the kinetic energy of wind into electrical
energy. The term does not include electrical distribution or transmission
lines or electrical substations.
[Added 11-18-2015 by Ord.
No. 10-2015]
Equipment or facility meeting the definition in "wind energy
system, small", but on lots greater than or equal to 20 acres.
[Added 11-18-2015 by Ord.
No. 10-2015]
Blades and associated mechanical and electrical conversion
components mounted on top of the tower.
[Added 3-23-2011 by Ord. No. 3-2011]
The monopole, freestanding, or guyed structure that supports
a wind generator.
[Added 3-23-2011 by Ord. No. 3-2011]
Any personal wireless services as defined in the Federal
Telecommunications Act of 1996 (FTA) which include FCC licensed commercial
wireless telecommunications services including cellular, personal
communications services (PCS), specialized mobile radio (SMR), enhanced
specialized mobile radio (ESMR), paging, and similar services that
currently exist or that may in the future be developed. It does not
include any amateur radio facility that is under 35 feet in height
that is owned and operated by a federally licensed amateur radio station
operator or is used exclusively for receive-only antennas, nor does
it include land line telephone service.
[Added by Ord. No. 99-21; amended 11-18-2015 by Ord. No. 10-2015]
Accessory facilities serving and subordinate in area, extent
and purpose to, and on the same lot as, a telecommunications tower
or antenna location. Such facilities include, but are not limited
to, transmission equipment, storage sheds, storage buildings, and
security fencing.
[Added by Ord. No. 99-21]
Facilities for the provision of wireless communications services,
including, but not limited to, antennas, antenna support structures,
telecommunications towers, and related facilities other than WTEFs.
[Added by Ord. No. 99-21]
A contiguous area of trees and other woody plants having
an average canopy height greater than 20 feet and covering a land
area of at least 10,000 square feet (0.23 acre) and generally characterized
by a tree density of 100 or more trees per acre with at least 50%
of such trees having a dbh of two inches or greater. A forest may
have been cut (but not cleared) in conjunction with an approved forestry
management plan or may be intact. Area devoted to an orchard or a
tree nursery shall not be included. The term "woodland" is used interchangeably
with the term "forest."
[Added 8-27-2014 by Ord.
No. 11-2014]
An expert qualified in woodlands management and forestry
retained by the municipal agency for the purposes of offering advice
and recommendations concerning the implementation of the Woodlands
Protection Ordinance. The Woodlands Advisor should be a New-Jersey-approved
forester, New-Jersey-certified landscape architect or New-Jersey-certified
tree expert. In all cases, if no Woodland Advisor has been appointed,
Woodland Advisor duties shall be overseen by the Township Engineer.
[Added 8-27-2014 by Ord.
No. 11-2014]
An open, unoccupied space on the same lot with the principal
building, extending the full width of the lot and situated between
the street line and the front line of the building projected to the
side lines of that lot. "Setback line" shall be synonymous with the
rearmost limit of the required front yard area.
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of any building.
The depth of a rear yard shall be measured at right angles to the
rear line of the lot, or, if the lot is not rectangular, then in the
general direction of its side building lines.
An open, unoccupied space between the side line of the lot
and the nearest line of a building and extending from the front yard
to the rear yard, or, in the absence of either of such yards, to the
street or rear lot lines, as the case may be. The width of a side
yard will be measured at right angles to the side line of the lot.
A document signed by the administrative officer:
Which is required by ordinance as a condition
precedent to the commencement of a use or the erection, construction,
reconstruction, alteration, conversion or installation of a structure
or building; and
Which acknowledges that such use, structure
or building complies with the provisions of the municipal zoning ordinances
or variance therefrom duly authorized by a municipal agency pursuant
to N.J.S.A. 40:55D-60 and 40:55D-70.
[1]
Editor’s Note: The former definition of “active
recreation,” which immediately followed this definition, was
repealed 11-18-2015 by Ord. No. 10-2015.
[2]
Editor’s Note: The former definition of “apartment,”
which immediately followed this definition, was repealed 11-18-2015
by Ord. No. 10-2015.
[3]
Editor's Note: The former definition of "assembly," added 11-18-2015 by Ord. No. 10-2015, which immediately followed this definition, was repealed 2-17-2021 by Ord. No. 02-2021.
[4]
Editor's Note: The former definition of "billboard," which immediately followed this definition, was repealed 12-1-2010 by Ord. No. 13-2010. See now § 109-124.
[5]
Editor’s Note: The former definition of “business,”
which immediately followed this definition, was repealed 11-18-2015
by Ord. No. 10-2015.
[6]
Editor's Note: The former definitions of "commercial recreation"
and "commercial recreation, outdoor," which immediately followed this
definition, were repealed 11-18-2015 by Ord. No. 10-2015.
[7]
Editor's Note: The former definition of "community shelter
for victims of domestic violence," which immediately followed this
definition, was repealed 11-18-2015 by Ord. No. 10-2015.
[8]
Editor’s Note: The former definition of “congregate
care center,” which immediately followed this definition, was
repealed 11-18-2015 by Ord. No. 10-2015.
[9]
Editor’s Note: The former definition of “convenience
store,” added by Ord. No. 99-18, which immediately followed
this definition, was repealed 11-18-2015 by Ord. No. 10-2015.
[11]
Editor’s Note: The former definition of “educational
institution,” which immediately followed this definition, was
repealed 11-18-2015 by Ord. No. 10-2015.
[12]
Editor’s Note: The former definition of “eleemosynary
use,” which immediately followed this definition, was repealed
11-18-2015 by Ord. No. 10-2015.
[13]
Editor’s Note: The former definition of “family
entertainment restaurant,” added 9-2-2004 by Ord. No. 15-2004,
which immediately followed this definition, was repealed 11-18-2015
by Ord. No. 10-2015.
[14]
Editor's Note: The former definition of "fast-food operation,"
which immediately followed this definition, was repealed 11-18-2015
by Ord. No. 10-2015.
[15]
Editor’s Note: The former definition of “golf
course,” which immediately followed this definition, was repealed
11-18-2015 by Ord. No. 10-2015.
[16]
Editor’s Note: The former definition of “group
home,” which immediately followed this definition, was repealed
11-18-2015 by Ord. No. 10-2015.
[17]
Editor’s Note: The former definition of “institutional
use,” which immediately followed this definition, was repealed
11-18-2015 by Ord. No. 10-2015.
[18]
Editor’s Note: The former definition of “light
industrial,” which immediately followed this definition, was
repealed 11-18-2015 by Ord. No. 10-2015.
[19]
Editor's Note: The former definition of "marquee," which immediately followed this definition, was repealed 12-1-2010 by Ord. No. 13-2010. See now § 109-124.
[20]
Editor’s Note: The former definition of “mother-daughter
dwelling,” which immediately followed this definition, was repealed
11-18-2015 by Ord. No. 10-2015.
[21]
Editor’s Note: The former definition of “nursing
home,” which immediately followed this definition, was repealed
11-18-2015 by Ord. No. 10-2015.
[22]
Editor’s Note: The former definition of “place
of worship,” added 9-2-2004 by Ord. No. 15-2004, which immediately
followed this definition, was repealed 11-18-2015 by Ord. No. 10-2015.
[23]
Editor’s Note: The former definition of “senior
citizen housing,” which immediately followed this definition,
was repealed 11-18-2015 by Ord. No. 10-2015.
[24]
Editor’s Note: The former definition of “shopping
center,” which immediately followed this definition, was repealed
11-18-2015 by Ord. No. 10-2015.
[25]
Editor’s Note: The former definitions of “trailer”
and “trailer park,” which immediately followed this definition,
were repealed 11-18-2015 by Ord. No. 10-2015.
