Township of West Amwell, NJ
Hunterdon County
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Table of Contents
Table of Contents
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. 
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. 
To secure safety from fire, flood, panic and other natural and man-made disasters;
C. 
To provide adequate light, air and open space;
D. 
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. 
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. 
To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies;
G. 
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. 
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. 
To promote a desirable visual environment through creative development techniques and good civic design and arrangements;
J. 
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. 
To encourage senior citizen community housing construction;
L. 
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. 
To promote utilization of renewable energy sources;
N. 
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. 
To establish reasonable standards for the location, size and appearance of buildings and structures;
P. 
To prohibit uses, buildings or structures which are incompatible with the character of the permitted uses in specified zoning districts and surrounding areas;
Q. 
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. 
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:
ACCESSORY APARTMENT FOR AFFORDABLE HOUSING
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]
ACCESSORY BUILDING
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.
ACCESSORY DWELLING UNIT
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]
ACCESSORY STRUCTURE
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. Examples include, but are not limited to, fences, walls, off-street parking, sheds, garages, lighting and signage.
[Amended 11-18-2015 by Ord. No. 10-2015]
ACCESSORY USE
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]
ADMINISTRATIVE OFFICER
The Clerk of the municipality, unless a different municipal official or officials are designated by ordinance or statute.
ADT (AVERAGE DAILY TRAFFIC)
The average number of cars per day that pass over a given point.
ADVERSE EFFECT
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.
AGGRESSIVE SOILS
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.
AISLE
The traveled way by which cars enter and depart parking spaces.
ALLEY
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.
ALLUVIAL SOILS
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.
ALTERATIONS
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.
ANIMAL BOARDING
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]
ANIMAL HOSPITAL
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]
ANTENNA
A system of electrical conductors that transmit or receive radio frequency signals for wireless communications.
[Added by Ord. No. 99-21]
ANTENNA SUPPORT STRUCTURE
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]
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required by ordinance for approval of a subdivision plat or site plan.
APPROVING AUTHORITY
The West Amwell Township Planning Board, unless a different agency is designated by ordinance.
ART STUDIOS
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]
ASSEMBLY
A use which is a permanent facility, building, structure, or installation which is providing for civic, educational, political, religious or social assemblage purposes. This term shall include nonprofit or for-profit facilities and shall include, but may not be limited to, houses of worship, banquet facilities, lodges, fraternal organizations, civic organizations and funeral homes.
[Added 11-18-2015 by Ord. No. 10-2015]
ASSISTED LIVING
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]
AUCTION MARKET
Any premises on which are regularly held auctions, sales of merchandise or any other personal property.
BANK
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.
BARRIER CURB
A steep-faced curb intended to prevent encroachments.
BASEMENT
Any area of a building having its floor subgrade (below ground level) on all sides.
BED-AND-BREAKFAST
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]
BELGIAN BLOCK CURB
A type of paving stone generally cut in a truncated, pyramidal shape, laid with the base of the pyramid down.
BERM
A mound of soil, either natural or man-made used as a view obstruction.
BICYCLE-COMPATIBLE ROADWAY
A road designed to accommodate the shared use of the roadway by bicycles and motor vehicles.
BICYCLE PATH
A pathway usually separated from the roadway, designed specifically to satisfy the physical requirements of bicycling.[3]
BOARD OF ADJUSTMENT
The West Amwell Township Zoning Board of Adjustment established pursuant to N.J.S.A. 40:55D-69.
BUFFER
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.
BUILDABLE AREA
The contiguous area of any lot exclusive of critical environmental areas.
[Added by Ord. No. 01-03]
BUILDING
A combination of materials to form a construction adapted to a permanent, temporary, or continuous occupancy and having a roof.
BUILDING ENVELOPE
An area, frequently described by building setback lines, depicting the area within which the building(s) will be constructed.
BUILDING HEIGHT
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]
BUILDING LINE (BUILDING SETBACK LINE)
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.
BUILDING, PRINCIPAL
The building in which is conducted the main use of the lot on which said building is situated.[4]
CALIPER
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.
CAPITAL IMPROVEMENTS PROGRAM
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.
CAPPED SYSTEM
A completed water supply and/or sewerage system put in place for future use (contingent upon expansion), rather than to meet immediate development needs.
CARTWAY
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.
CAR WASH
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]
CATEGORY ONE (C1) WATERS
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]
CELLAR
A story partly underground and having more than 1/4 of its clear ceiling height below the average grade of the adjoining ground.
CEMETERY
Any property used for interring the deceased.
[Added 11-18-2015 by Ord. No. 10-2015]
CENTER-LINE OFFSET OF ADJACENT INTERSECTIONS
The gap between the center line of roads adjoining a common road from opposite or same sides.
CERTIFICATE OF OCCUPANCY
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.
CERTIFICATION
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.
CHANGE IN USE
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.
CHANNEL
The bed and banks of a river, stream, brook or spring which convey the normal flow of the watercourse.
CHANNELIZATION
The straightening and deepening of channels and/or the surfacing thereof to permit water to move rapidly and/or directly.
CLUSTER RESIDENTIAL DEVELOPMENT
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]
COLLOCATION
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.[5]
[Added by Ord. No. 99-21; amended 11-18-2015 by Ord. No. 10-2015]
COMMERCIAL VEHICLES
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.
COMMON ELEMENTS
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.
COMMON LATERAL
A lateral serving more than one unit.
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.
COMMON OWNERSHIP
Ownership of land and/or real improvements by an association, cooperative or the like.
COMMUNITY RESIDENCE
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.[6]
[Amended 11-18-2015 by Ord. No. 10-2015]
COMPLETE APPLICATION
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]
CONCEPT PLAN
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.
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, Zoning, of this chapter, and upon the issuance of an authorization therefor by the Planning Board.[7]
CONSERVATION EASEMENT
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]
A. 
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.
B. 
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.
C. 
No structures of any description shall be erected unless permitted by the Planning Board or Board of Adjustment.
D. 
No fill or excavation of any kind shall be permitted.[8]
CONTRACTOR'S YARD OR FACILITY
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]
COVERAGE
See "lot coverage."
[Amended 9-2-2004 by Ord. No. 15-2004]
CRITICAL ENVIRONMENTAL AREAS
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]
CRITICAL ROOT ZONE
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]
CUL-DE-SAC
A local street with only one outlet to a through street and with a turnaround at the end.
CULVERT
A structure designed to convey a watercourse not incorporated in a closed drainage system under a road or pedestrian walk.
CURB
A vertical or sloping edge of a roadway. See also "Belgian block curb," "barrier curb," and "mountable curb."
DATA CENTER
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]
DATE OF DECISION
The date of adoption of a resolution memorializing an action by the Board.
DAY-CARE, ADULT
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]
DAY-CARE, CHILDREN
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]
DAYS
Calendar days.
DEDICATION
An act transmitting property or interest thereto.
DENSITY, RESIDENTIAL
The permitted number of dwelling units per gross acre of land to be developed for residential use and residential accessory uses.
DESIGN GUIDELINES
Guidelines that provide a general framework for sound planning.
DESIGN STANDARDS
Standards that set forth specific improvement requirements.
DETENTION BASIN
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.
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 any other person having 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, 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.
DEVELOPMENT REGULATION
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.
DIAMETER AT BREAST HEIGHT (DBH)
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]
DIVIDED STREET
A street having an island or other barrier separating moving lanes.
DRAINAGE
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.
DRAINAGE FACILITY
Any component of the drainage system.
DRAINAGE RIGHT-OF-WAY (OR EASEMENT)
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.[9]
DRAINAGE SYSTEM
The system through which water flows from the land, including all watercourses, waterbodies and wetlands.
DRIPLINE
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]
DRIVEWAY
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.
DRY LINES
See "capped system."
DWELLING UNIT
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.
A. 
A freestanding residential building which contains one dwelling unit and which has no walls common with any other dwelling unit.
B. 
A 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."
C. 
A dwelling unit sharing a common horizontal or vertical separation with only one other dwelling unit.
D. 
More than two dwelling units sharing common vertical walls and/or common horizontal separations in a single structure; known as "apartments."
EASEMENT
A right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structures.
ECHO UNIT
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.[10]
[Added by Ord. No. 02-04]
EDUCATION AND INSTRUCTION
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]
EFFICIENCY UNIT
A residential dwelling unit without a separate bedroom. However, for the purposes of this chapter, an "efficiency" shall be considered a one-bedroom unit.[11]
[Amended 11-18-2015 by Ord. No. 10-2015]
ENTERTAINMENT AND RECREATION
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]
ENVIRONMENTAL CONSTRAINTS
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.
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice, and gravity.
EROSION AND SEDIMENT CONTROL PLAN
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.
ESCROW
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.
EXCAVATION OF CUT
Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.
EXEMPT SUBDIVISION
See "subdivision."
FAMILY
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.
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 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. 
The child being cared for is legally related to the provider; or
B. 
The child is being cared for as part of a cooperative agreement between parents for the care of their children by one or more of the parents, where no payment for the care is being provided.[12]
FARM
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.
FARM BUILDING
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.
FARM CONSERVATION PLAN
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.
FARMERS MARKET
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]
FARM STAND
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.[13]
[Amended 11-18-2015 by Ord. No. 10-2015]
FAST-FOOD OPERATION
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]
FENCE
An artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials.
FINAL APPROVAL
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.
FINAL PLAT
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.
FITNESS CENTER
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]
FLEA MARKET
Any premises in which space is rented on a temporary basis for the sale of personal property.
FLOOD FRINGE AREA
That portion of the flood hazard area outside of the floodway.
FLOOD HAZARD AREA
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.
FLOOD INSURANCE RATE MAP (FIRM)
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.
FLOOD INSURANCE STUDY
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.
FLOODPLAIN
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]
FLOODPLAIN, ONE-HUNDRED-YEAR
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]
FLOODWAY
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.
FLOOR AREA
The area of all floors of buildings or structures.
FLOOR AREA RATIO
The sum of the area of all floors of buildings or structures compared to the total area of the site.
FOREST
See definition for "woodlands." The term "woodland" is used interchangeably with the term "forest."
[Added 8-27-2014 by Ord. No. 11-2014]
FOREST STAND
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]
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. One garage space shall equal a maximum of 300 square feet.
[Added by Ord. No. 04-04]
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.
GAS STATION
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.
GENERAL DEVELOPMENT PLAN
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.[14]
GOVERNING BODY
The Township Committee of West Amwell Township.
GRADE
The ground elevation, or the slope of a street, or other public way, specified in percentage terms.
GRADING
Any stripping, cutting, filling, stockpiling or combination thereof.
GROSS LEASABLE AREA
The total area within a commercial or industrial structure available or proposed for rent or lease.
GROUND COVER
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.[15]
GUARANTEE
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.
GUTTER
A shallow channel usually set along a curb or the pavement edge of a road for purposes of catching and carrying off runoff water.
HARDY CROSS METHOD
Method of controlled trial and error by which water distribution system can be analyzed.
HAZARDOUS MATERIALS
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.
HISTORIC DISTRICT
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.
HISTORIC SITE
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.
HOME OCCUPATION
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.
HOTEL/MOTEL
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]
HUNTERDON SOIL CONSERVATION DISTRICT
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.
HYDRIC SOILS
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.
HYDROLOGIC RESPONSE
The properties, distribution, and circulation of water.
IMPERVIOUS SURFACE
A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.
IMPOUNDMENT
A body of water, such as a pond, confined by a dam, dike, floodgate or other barrier.
IMPROVED PUBLIC STREET
For subdivision purposes or site plan, any street which complies in width and construction with municipal standards.
IMPROVED WALKWAY
Path provided for pedestrian use and usually located at the side of a road within the right-of-way.
IMPROVEMENT
Any man-made, immovable item which becomes part of, placed upon, or is affixed to, real estate.
INCLUSIONARY DEVELOPMENT
A residential housing development in which a percentage or all of the housing units are affordable to low- and moderate-income households.
INDIVIDUAL SEWAGE DISPOSAL SYSTEM
A septic tank, seepage tile sewage disposal system, or any other approved sewage treatment device serving a single unit.[16]
ISLAND
In street design, a raised area usually curbed, placed to guide traffic, separate lanes, or used for landscaping, signing, or lighting.
JUNK OR SALVAGE YARD
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.
LABORATORY
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]
LAND
Real property including improvements and fixtures on, above, or below the surface.
LAND DISTURBANCE
Any activity involving the clearing, grading, transporting, filling and any other activity which causes land to be exposed to the danger of erosion.
LATERAL SEWERS
Pipes conducting sewage from individual buildings to larger pipes called trunk or interceptor sewers that usually are located in street rights-of-way.[17]
LOADING SPACE
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.
LONG-TERM CARE FACILITY
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]
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.
LOT AREA
The size of a lot measured within the lot lines and expressed in terms of acres or square feet.
LOT AVERAGING
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.
LOT, CORNER
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.
LOT COVERAGE
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]
LOT DEPTH
A mean horizontal distance between the street line and the rear lot line, measured in the general direction of its side lot lines.
LOT, FLAG
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.
LOT FRONTAGE
That portion of a lot extending along a street line.
LOT LINE
A line of record bounding a lot.
LOT LINE, FRONT
The lot line separating the lot from the street right-of-way.
LOT LINE, REAR
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.
LOT LINE, SIDE
Any lot line other than a front or rear lot line.
LOT WIDTH
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.
LOWER-INCOME SET ASIDE
The percentage of housing units devoted to low- and moderate-income households within an inclusionary development.
LOW-INCOME HOUSING
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.
MACHINE REPAIR AND SERVICE
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]
MAIN
In any system of continuous piping, the principal artery of the system to which branches may be connected.
MAINTENANCE BOND
Any security that is acceptable to the governing body to assure the maintenance of approved installations by developers.
MAINTENANCE GUARANTEE
Any security, other than cash, that may be accepted by a municipality for the maintenance of any required improvements.
MAJOR SITE PLAN
Any site plan not classified as a minor site plan.
MAJOR SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE or MAJOR SOLAR OR PHOTOVOLTAIC ENERGY SYSTEM
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]
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision.
MANHOLE
An inspection chamber whose dimensions allow easy entry and exit and working room for a person inside.
MANUFACTURING, HEAVY
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]
MANUFACTURING, LIGHT
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]
MARGINAL ACCESS STREET
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.[18]
MASTER PLAN
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.
MEDIAN
That portion of a divided highway separating the traveled ways of traffic proceeding in opposite directions.
MET TOWER
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. 
A development plan for one or more lots, provided that such site plan does not involve:
(1) 
Planned development.
(2) 
Any new street.
(3) 
An extension of any off-street improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42.
(4) 
A new structure.
(5) 
More than 500 square feet of additional floor area to an existing building.
(6) 
More than five additional parking spaces.
(7) 
A significant impact on drainage or traffic circulation in the area, as determined by the Planning Board.
(8) 
A conditional use or variance from the zoning requirements.
B. 
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.
MINOR SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE or MINOR SOLAR OR PHOTOVOLTAIC ENERGY SYSTEM
A solar or photovoltaic panel or system of panels for the production of energy that:
[Added 3-23-2011 by Ord. No. 3-2011]
A. 
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
B. 
Is intended to mitigate electrical system improvement requirements; and
C. 
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.
MINOR SUBDIVISION
A subdivision of land of not more than two lots, excluding the remaining lot, provided that:
[Amended by Ord. No. 99-23]
A. 
Such subdivision does not involve a planned development;
B. 
Such subdivision does not involve any new street;
C. 
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
D. 
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.
MLUL
Municipal Land Use Law.
MODERATE-INCOME HOUSING
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.[19]
MOTOR FUEL SERVICE STATION
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]
MOUNTABLE CURB
A low curb with a flat slope designed to be crossed easily without discomfort.
MOVING LANE
Any traffic lane where traffic movement is the primary if not sole function.
MULCH
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.
MUNICIPAL AGENCY
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]
MUNICIPALITY
The Township of West Amwell.
MUNICIPAL USE
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]
MUSEUM
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]
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.[20]
OFFICE
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]
OFFICE, MEDICAL
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]
OFFICIAL MAP
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.
OFF-SITE
Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.
OFF-STREET PARKING SPACE
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.
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.
OFF-TRACT IMPROVEMENT
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:
A. 
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.
B. 
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.
ON-SITE
Located on the lot in question.
ON-STREET PARKING SPACE
A temporary storage area for a motor vehicle which is located on a dedicated street right-of-way.
ON-TRACT
Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OWNER
Any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
PANEL
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]
PARKING LANE
A lane usually set on the sides of streets, designed to provide on-street parking for vehicular traffic.
PARKING LOOP
A private street with perpendicular parking.
PARKING SPACE
An area provided for the parking of a motor vehicle.
PARKS AND OPEN SPACE
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]
PAVEMENT
See "cartway."
PERC TEST (PERCOLATION TEST)
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.
PERFORMANCE GUARANTEE
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.
PERMIT
A certificate issued by the appropriate authorized agency to allow work to be performed.
PERMITTED USE
Any use which is allowed by the provisions of this chapter.
PERSON
An individual, corporation, partnership or other entity owning or having control over the use of lands affected by the terms of this chapter.
PERVIOUS SURFACE
Any material that permits full or partial absorption of stormwater into previously unimproved land.[21]
PLANNED DEVELOPMENT
Planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
PLANNED UNIT RESIDENTIAL DEVELOPMENT
An area with a specified minimum contiguous acreage of five acres or more to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate commercial, or public or quasi-public uses all primarily for the benefit of the residential development.
PLANNING BOARD
The Planning Board of the Township of West Amwell established pursuant to N.J.S.A. 40:55D-23.
PLAT
A map or maps of a subdivision or site plan.
POTABLE WATER SUPPLY
Water suitable for drinking or cooking purposes.
PREAPPLICATION CONFERENCE
An initial meeting between developers and municipal representatives which affords developers the opportunity to present their proposals informally.
PRELIMINARY APPROVAL
The conferral of certain rights prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form its scope, scale, and relationship to its site and immediate environs.
PRELIMINARY SUBDIVISION PLAT
A map indicating the proposed layout of a development and related information as required by this chapter that is submitted for preliminary approval.
PRINCIPAL STRUCTURE
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.
PRINCIPAL USE
The predominant or primary use for which a lot is used.
[Amended 11-18-2015 by Ord. No. 10-2015]
PRIVATE ROAD
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.
PROHIBITED USE
Any use which is not specifically permitted by this chapter.
PUBLIC BUILDING
A building which is owned and used by a governmental agency.
PUBLIC IMPROVEMENT
Any improvement on publicly held property, or on private property if said improvement accommodates impacts that originate off tract or control external impacts.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency, or other public body for recreational or conservational uses.
PUBLIC PURPOSE USE
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.
QUARRYING
The mining of stone and the business of conducting a quarry including the sale and shipping of excavated material.
QUORUM
The majority of the full authorized membership of a municipal agency.
A. 
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
B. 
A trailer containing cooking and sleeping facilities for travel, recreation, vacation or other short-term use.
RESIDENTIAL CLUSTER
An area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.
[Amended 11-18-2015 by Ord. No. 10-2015]
RESTAURANT
A use engaged in the preparation and sale of food and/or beverages.
[Amended 11-18-2015 by Ord. No. 10-2015]
RESUBDIVISION
See "subdivision."
RETAIL SALES
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]
RETAIL SERVICES
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]
RETAINING WALL
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.
RETENTION BASIN
A pond, pool or basin used for the permanent storage of water runoff.
RIDING ACADEMY
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]
RIGHT-OF-WAY
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.
RIPARIAN ZONE
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]
SCHOOL
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]
SCREEN
A structure or planting consisting of fencing, berms, and/or evergreen trees or shrubs providing a continuous view obstruction within a site or property.
SEDIMENTATION
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.
SEDIMENT BASIN
A barrier or dam built at a suitable location to retain rock, sand, gravel, silt or other material.[22]
SELF-STORAGE
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]
SEPTIC SYSTEM
An underground system with a septic tank used for the decomposition of domestic wastes.
SEPTIC TANK
A watertight receptacle that receives the discharge of sewage.
SETBACK
The distance between the street right-of-way line and the front line of a building or any projection thereof, excluding uncovered steps.
SEWER
Any pipe conduit used to collect and carry away sewage or stormwater runoff from the generating source to treatment plants or receiving streams.[23]
SHOULDER
The graded part of the right-of-way that lies between the edge of the main pavement (main traveled way) and the curbline.
SIGHT TRIANGLE
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.
SITE PLAN
A development plan of one or more lots on which is shown:
A. 
The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes, and waterways;
B. 
The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures, signs, lighting, and screening devices; and
C. 
Any other information that may be reasonably required in order to make an informed determination pursuant to this chapter.
SITE PLAN, MAJOR
See "major site plan."
SITE PLAN, MINOR
See "minor site plan."
SKETCH PLAT
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.
SMALL WIND ENERGY SYSTEM
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]
SOIL
All unconsolidated mineral and organic material of any origin.
SOIL CEMENT
A mixture of portland cement and locally available soil. It serves as a soil stabilizer.
SOLAR OR PHOTOVOLTAIC ENERGY FACILITY, MAJOR
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]
SOLAR OR PHOTOVOLTAIC ENERGY FACILITY, MINOR
A solar or photovoltaic panel or system of panels for the production of energy that:
[Added 11-18-2015 by Ord. No. 10-2015]
A. 
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
B. 
Is intended to mitigate electrical system improvement requirements; and
C. 
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.
SPECIMEN TREE
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]
STABILIZED TURF OR EARTH
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.
STEEP SLOPES
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]
STORMWATER DETENTION
A provision for storage of stormwater runoff and the controlled release of such runoff during and after a flood or storm.
STORMWATER RETENTION
A provision for storage of stormwater runoff.
STORY
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.
STORY, HALF
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.
STREAM
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]
STREAM CORRIDOR MANAGEMENT PLAN
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]
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway; or which is shown upon a plat heretofore approved pursuant to law; or which is approved by official action as provided by this 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:
A. 
Those streets which are used primarily for fast or heavy regional through traffic.
B. 
Those streets which are so designated on the Master Plan of the Township of West Amwell as principal traffic arteries through the Township.
C. 
Those 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.
D. 
Those streets which provide or will provide circulation within residential neighborhoods and which provide access to the secondary street system.
E. 
Those streets designed primarily to provide access to abutting properties.
F. 
Those 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.
STREET FURNITURE
Man-made, above-ground items that are usually found in street rights-of-way, including benches, kiosks, plants, canopies, shelters, and phone booths.
STREET HARDWARE
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.
STREET HIERARCHY
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.
STREET LINE
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.
STREET, LOOP
A street that has its only ingress and egress at two points on the same subcollector or collector street.
STRIPPING
Any activity which significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.
STRUCTURE
Anything constructed or erected which requires permanent or temporary attachment to something which is erected on the ground and designed, intended or arranged for the housing, shelter, enclosure and/or structural support of persons, animals or property of any kind, excluding unroofed patios at ground level, parking lots or driveways, and fences in compliance with this chapter. For the purpose of determining compliance with yard requirements, a structure shall include unroofed porches above finished grade, roof overhangs, awnings in the extended position and any other permanent part of the structure. For the same purpose, it shall not include structures such as fuel oil tanks, septic tanks and leaching pools which are completely buried below finished grade, drainage systems, or utility poles required only for direct customer service.
STUB STREET
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.
A. 
The division of a lot, tract, or parcel of land into two or more lots, tracts, parcels, or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter, if no new streets are created:
(1) 
Divisions of land found by the Planning Board or subdivision and site plan committee to be for agricultural purposes where all resulting parcels are five acres or larger in size;
(2) 
Divisions of property by testamentary or intestate provisions;
(3) 
Divisions of property upon court order, including but not limited to judgments of foreclosure;
(4) 
Consolidation of existing lots by deed or other recorded instrument; and
(5) 
The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality.
B. 
The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION AND SITE PLAN COMMITTEE
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.
SUBGRADE
The natural ground lying beneath a road.
SUBSOIL
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.
SWALE
A depression in the ground, either natural or man-made, which directs surface runoff.
SWIMMING POOL, PORTABLE
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.
SWIMMING POOL, PRIVATE RESIDENTIAL
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.
SYSTEM HEIGHT
The height above grade of the tower plus the wind generator.
[Added 3-23-2011 by Ord. No. 3-2011]
TELECOMMUNICATIONS TOWER
A freestanding structure on which one or more antennas are located, including monopoles and similar structures.
[Added by Ord. No. 99-21]
TEMPORARY USE
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.
TOPSOIL
The original upper layer of soil material to a depth of six inches which is usually darker and richer than the subsoil.
TOWNSHIP
The Township of West Amwell.
TRACT
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.[24]
TRIP
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.
UNDERSTORY
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]
USE
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.
UTILITIES
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]
VARIANCE
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.
VEHICLE SALES AND/OR REPAIR
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]
WAIVER
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.
WAREHOUSING AND DISTRIBUTION
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]
WATERCOURSE
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.
WETLANDS
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.
WETLANDS TRANSITION AREA
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.
WHOLESALE
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]
WIND ENERGY SYSTEM, SMALL
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]
WIND ENERGY, LOTS 20 ACRES OR GREATER
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]
WIND GENERATOR
Blades and associated mechanical and electrical conversion components mounted on top of the tower.
[Added 3-23-2011 by Ord. No. 3-2011]
WIND TOWER
The monopole, freestanding, or guyed structure that supports a wind generator.
[Added 3-23-2011 by Ord. No. 3-2011]
WIRELESS COMMUNICATIONS FACILITY
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]
WIRELESS TELECOMMUNICATIONS EQUIPMENT FACILITIES (WTEFs)
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]
WIRELESS TELECOMMUNICATIONS FACILITIES (WTFs)
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]
WOODLANDS
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]
WOODLANDS ADVISOR
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]
YARD, FRONT
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.
YARD, REAR
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.
YARD, SIDE
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.
ZONING PERMIT
A document signed by the administrative officer:
A. 
Which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building; and
B. 
Which acknowledges that such 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 "billboard," which immediately followed this definition, was repealed 12-1-2010 by Ord. No. 13-2010. See now § 109-124.
[4]
Editor’s Note: The former definition of “business,” which immediately followed this definition, was repealed 11-18-2015 by Ord. No. 10-2015.
[5]
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.
[6]
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.
[7]
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.
[8]
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.
[9]
Editor's Note: See Ch. 90, Floodplain Management.
[10]
Editor’s Note: The former definition of “educational institution,” which immediately followed this definition, was repealed 11-18-2015 by Ord. No. 10-2015.
[11]
Editor’s Note: The former definition of “eleemosynary use,” which immediately followed this definition, was repealed 11-18-2015 by Ord. No. 10-2015.
[12]
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.
[13]
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.
[14]
Editor’s Note: The former definition of “golf course,” which immediately followed this definition, was repealed 11-18-2015 by Ord. No. 10-2015.
[15]
Editor’s Note: The former definition of “group home,” which immediately followed this definition, was repealed 11-18-2015 by Ord. No. 10-2015.
[16]
Editor’s Note: The former definition of “institutional use,” which immediately followed this definition, was repealed 11-18-2015 by Ord. No. 10-2015.
[17]
Editor’s Note: The former definition of “light industrial,” which immediately followed this definition, was repealed 11-18-2015 by Ord. No. 10-2015.
[18]
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.
[19]
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.
[20]
Editor’s Note: The former definition of “nursing home,” which immediately followed this definition, was repealed 11-18-2015 by Ord. No. 10-2015.
[21]
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.
[22]
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.
[23]
Editor’s Note: The former definition of “shopping center,” which immediately followed this definition, was repealed 11-18-2015 by Ord. No. 10-2015.
[24]
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.