For the purpose of this chapter, certain phrases and words are herein described as follows: Words used in the present tense include the future; words used in the singular number include the plural number and vice versa; words used to include the male gender include the female gender and vice versa; the word "used" shall also include "arranged, designed, constructed, altered, converted, rented, leased or intended to be used"; the word "lot" includes the word "plot" and "premises"; the word "building" includes the word "structure," "dwelling" or "residence"; the word "shall" is mandatory and not discretionary. Any word or item not defined herein shall be used with a meaning of standard usage. Moreover, whenever a term is used in this chapter which is defined in N.J.S.A. 40:55D-1 et seq., such term is intended to have the meaning as defined in N.J.S.A. 40:55D-1 et seq., unless specified to the contrary in this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- ABANDONED OR DISCONTINUED SIGN OR SIGN STRUCTURE
- A sign or sign structure whose owner has failed to operate
or maintain said sign or sign structure for a period of six months
or longer. The following conditions shall be considered as the failure
to operate or maintain a sign or sign structure:[Added 4-4-2011 by Ord. No. 08-2011]
- A single pedestrian and/or vehicular entrance and/or exit combination between a street and a lot.
- ACCESSORY BUILDING, STRUCTURE OR USE
- A building, structure or use which is customarily associated with and is subordinate and incidental to the principal building, structure or use and which is located on the same lot therewith, including, but not limited to, garages, carports, barns, decks, kennels, sheds, guest houses and all roofed structures. An ECHO housing unit is considered to be an accessory building which is conditionally permitted. Any accessory building attached to the principal building shall be considered part of the principal building. A swimming pool, though not counted as a structure in land coverage, is considered an accessory building with respect to location on the lot.
- An acre is 43,560 square feet.
- The New Jersey Municipal Land Use Law (MLUL), Chapter 291 of the Laws of 1975, as supplemented and amended from time to time.
- Any land disturbance, including any actions for which an
application for development is necessary.[Added 11-4-2002 by Ord. No. 49-2002]
- ADMINISTRATIVE OFFICER
- The Secretary of the Planning Board or Board of Adjustment of the Township of Readington, Hunterdon County, New Jersey, unless a different municipal official is designated by this chapter to administer certain of the responsibilities and authorities specified for the Administrative Officer in N.J.S.A. 40:55D-1 et seq.
- ADVERSE EFFECT
- Conditions or situations created by a proposed development that impose, aggravate or lead to impractical, unsafe or unsatisfactory conditions on properties such as, but not limited to, inadequate drainage facilities, unsuitable street grades, street locations that fail to compose a convenient system and failure to provide or make future allowances for access to the interior portion of adjoining lots or for other facilities required by this chapter.
- AGRICULTURAL COMMERCIAL VILLAGE
- Cluster of office and retail shops whose primary purpose and/or goods and services relate to agriculture. Such a village is intended to support the retention of agriculture as an economically viable use within Readington Township and its environs.
- AGRICULTURAL DEVELOPMENT
- Land uses normally associated with the production of food,
fiber, and livestock for sale. For purposes of this chapter, such
uses shall not include the development of land for the processing
or sale of food and the manufacture of agriculturally related products.[Added 6-17-2002 by Ord. No. 15-2002; amended 10-7-2002 by Ord. No. 40-2002]
- AGRICULTURAL EASEMENT
- An easement which provides for agricultural or farm purpose to the exclusion of other uses.
- AGRICULTURAL LAND
- Land used for farming, i.e., growing crops, raising or breeding dairy, poultry or other livestock; truck gardening; wood lots, nursery, greenhouse or other agricultural or horticultural purposes.
- AGRICULTURAL MANAGEMENT PRACTICES
- Practices either formally set forth in current published New Jersey Agricultural Experiment Station recommendations or practices which represent the best collective professional judgment and opinion of the appropriate faculty of the New Jersey Agricultural Experiment Station and practices related to soil and water conservation and management approved by the State Soil Conservation Committee.
- The use of land for common farm-site activities, including
but not limited to: production, harvesting, storage, grading, packaging,
processing and the wholesale and retail marketing of crops, plants,
animals and other related commodities and the use and application
of techniques and methods of soil preparation and management, fertilization,
weed, disease and pest control, disposal of farm waste, irrigation,
drainage and water management, and grazing. Activities defined by
the New Jersey State Agriculture Development Committee as constituting
agriculture, whether or not specifically identified in this chapter,
shall be considered "agriculture" within Readington Township.[Amended 10-1-2012 by Ord. No. 21-2012]
- ALTERATIONS OR ADDITIONS, STRUCTURAL
- Any change in or addition to the supporting members of a building, such as columns, foundations, walls, girders, beams or rafters.
- ANIMAL HOSPITAL
- A place where animals or pets are given medical or surgical treatment. Use as a kennel shall be limited to short-term boarding and shall be incidental to such hospital use.
- ANIMAL SHELTER OR KENNEL
- Any structure, premises or part thereof where the business of boarding, selling or breeding of small animals exclusive of livestock is carried on.
- ANIMATED SIGN
- A sign which includes action, motion, or color changes, or
the optical illusion of action, motion, or color changes, including
signs set in motion by movement of the atmosphere, or made up of a
series of sections that turn.[Added 4-4-2011 by Ord. No. 08-2011]
- A system of electrical conductors that transmit or receive
radio frequency signals for wireless communications.[Added 6-7-1999 by Ord. No. 11-99; amended 10-2-2000 by Ord. No. 31-2000]
- ANTENNA SUPPORT STRUCTURE
- A structure other than a telecommunications tower which is
attached to a building or other structure and on which one or more
antennas are located.[Added 6-7-1999 by Ord. No. 11-99; amended 10-2-2000 by Ord. No. 31-2000]
- See "dwelling unit."
- The landowner or the agent, optionee, contract purchaser or other person authorized in writing to act for the landowner submitting an application under this chapter.
- A. The application or appeal forms, together with the required fees and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction for issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36. For the purposes of this chapter, "accompanying documents required for approval" means those documents, including all details and information for a particular application type, which are set forth in the development checklists contained within this chapter, excluding any documents, details or information that is waived for submission by the approving authority. These checklists are:
- (1) Minor Subdivision Plats And Minor Site Plans.
- (2) Preliminary Major Subdivision Plats and Preliminary Major Site Plans.
- (3) Final and Amended Major Subdivision Plats and Final and Amended Major Site Plans.
- (4) Variance or Conditional Use Applications Related to Single-Family Homes.
- (5) Variance or Conditional Use Applications That Are Not Related to Single-Family Homes.
- B. If an environmental impact statement (EIS) is required by this chapter, then the documents, details and information contained in the EIS checklist shall also constitute documents required for approval:
- (1) Checklist for Environmental Impact Statement (EIS).
- C. A submission for predevelopment review or conceptual plan review shall not constitute an application for development, regardless of the extent of documentation submitted.
- D. For the purposes of determining the date which an application for development has been submitted, the date of application shall be the date upon which the last document required for approval is submitted to the approving authority.
[Amended 3-17-2014 by Ord. No. 03-2014]
- APPROVING AUTHORITY
- The Planning Board or the Board of Adjustment of the Township
of Readington as the case may be.[Amended 10-2-2000 by Ord. No. 31-2000]
- AREA OF A SIGN
- The total area of a sign, including all borders and trim but not structural elements.
- ARTIST'S BODY PAINTING STUDIO
- An establishment or business which provides the service of applying paint or other substances, whether transparent or nontransparent, to or on the human body when such body is fully or partially nude.
- ASSEMBLY USE
- A use or structure which is a permanent facility, building,
structure, or installation which attracts, or may attract, for purposes
of assemblage, persons, including, but not limited to, nonprofit or
for profit: churches, synagogues or other houses of worship, theatres,
lodges, fraternal organizations, civic organizations, and clubs.[Added 7-6-2009 by Ord. No. 19-2009]
- ASSISTED-LIVING RESIDENCE
- A facility 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,
a private bathroom, a kitchenette and a lockable door on the unit
entrance.[Added 10-16-2000 by Ord. No. 38-2000]
- AUCTION MARKET
- A place where wares are sold publicly by personal and variable competitive bidding as distinguished from sale at a fixed price or by single submission of sealed bids.
- AUTOMOBILE LOT OR USED CAR LOT
- Any place outside a building where one or more automobiles are offered for sale or displayed. Used car lots are permitted only as accessory to new car dealerships operated on the same lot.
- AWNING SIGN
- See "canopy sign."[Added 4-4-2011 by Ord. No. 08-2011]
- BANDIT SIGN
- See "snipe sign."[Added 4-4-2011 by Ord. No. 08-2011]
- BANK (STREAM)
- The inclined sides of a stream channel.[Added 11-4-2002 by Ord. No. 49-2002]
- Any sign or string of one or more signs, usually made of
fabric or other lightweight material, which is used to attract attention,
whether or not imprinted with words or characters, including but not
limited to balloons and pennants. Flags shall not be considered banners.[Added 4-4-2011 by Ord. No. 08-2011]
- The portion of stream flow that is not due to storm runoff,
and is supported by groundwater seepage into a channel.[Added 6-17-2002 by Ord. No. 15-2002; amended 10-7-2002 by Ord. No. 40-2002]
- That portion of a building partly below and partly above grade, where the ceiling averages four feet or more than four feet above the finished grade where such grade meets the outside walls of the building. A basement shall be counted as a story if used for business or dwelling purposes other than for a janitor employed on the premises.
- A stationary or revolving light which flashes or projects
illumination, single color or multicolored, in any manner which has
the effect of attracting or diverting attention, except, however,
this term does not include any kind of lighting device which is required
or necessary under the safety regulations of the Federal Aviation
Administration or other similar agency. This definition does apply
to any similar type of lighting device contained entirely within a
structure and which does not project light to the exterior of the
structure.[Added 4-4-2011 by Ord. No. 08-2011]
- A room planned or used primarily for sleeping.
- BED (STREAM)
- The floor of a stream channel.[Added 11-4-2002 by Ord. No. 49-2002]
- A sign structure and/or sign utilized for advertising an
establishment, an activity, a product, service or entertainment which
is sold, produced, manufactured, available or furnished at a place
other than on the property on which said sign structure and/or sign
is located.[Amended 4-4-2011 by Ord. No. 08-2011]
- Best management practice.[Added 6-17-2002 by Ord. No. 15-2002; amended 10-7-2002 by Ord. No. 40-2002]
- The Planning Board or the Zoning Board of Adjustment of the Township of Readington, as the case may be.
- BOARDER or ROOMER
- A person lodged, fed or sheltered for compensation.
- A yard 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; also termed a "buffer yard." Unless otherwise specified, the buffer area may occur within the area required for yard setbacks.
- A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
- BUILDING AREA
- See definition for "coverage, building."
- BUILDING COVERAGE
- See "coverage, building."
- BUILDING HEIGHT
- The vertical distance from the average finished ground level adjoining the building at all exterior walls to the average height of the highest roof surface. When the finished ground level slopes away from the exterior walls, the building height shall be measured from the lowest points within the area between the building and the lot line, or when the lot line is more than six feet from the building, it shall be measured at a point six feet from the building.
- An establishment or use which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers exhibiting specified sexual activities.
- A measurement of the size of a tree equal to the diameter of its trunk measured four feet above natural grade.
- CANOPY SIGN
- Any sign that is a part of or attached to an awning or canopy,
i.e., a fabric, plastic or structural protective cover constructed
over a door, entrance, window or outdoor service area that is constructed
as an integral part of a building.[Added 4-4-2011 by Ord. No. 08-2011]
- The hard or paved surface portion of a street customarily used for vehicles in the regular course of travel. Where there are curbs, the cartway is that portion between the curbs. Where there are no curbs, the cartway is that portion of the paved or graded width.
- That portion of a building partly below and partly above grade, where the ceiling averages less than four feet above the finished grade where such grade meets the outside walls of the building.
- CHILD-CARE CENTERS
- Child-care centers licensed by the Department of Human Services pursuant to P.L. 1988, c. 492 (N.J.S.A. 30:5B-1 et seq.).
- Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.
- CLUB, OPEN AIR
- A private organization principally for the enjoyment of quiet sports in open space, such as golf, tennis, swimming, riding, hiking and fishing. Accessory facilities may be included if clearly subordinate to the open air use such as covered tennis courts fewer in number than open courts, year-round pools, locker and incidental eating and social facilities.
- CLUB, SOCIAL
- A private organization for social purposes in which the principal use is in enclosed buildings and no outdoor sports are involved.
- The New Jersey Council of Affordable Housing.[Added 5-17-1993]
- Use of a common PWTF 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 PWTF on a
structure owned or operated by a utility or other public entity.[Added 6-7-1999 by Ord. No. 11-99; amended 10-2-2000 by Ord. No. 31-2000]
- COMMERCIAL MESSAGE
- Any sign wording, logo or other representation or image that
directly or indirectly names, advertises or calls attention to a product,
service, sale or sales event or other commercial activity.[Added 4-4-2011 by Ord. No. 08-2011]
- COMMON OPEN SPACE
- A parcel or parcels of land or an area of water or a combination of land and water, together with the improvements thereon and designed and intended for the ownership, use or enjoyment of the residents and owners of the development and/or the residents of the Township and county. Common property may contain such complementary structures and improvements as are necessary and appropriate for the benefit of the residents and owners of the development.
- COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
- Any community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.), providing food, shelter
and personal guidance, under such supervision as required, to not
more than 15 developmentally disabled or mentally ill persons who
require assistance, temporarily or permanently, in order to live in
the community and shall include, but not be limited to, group homes,
halfway houses, intermediate care facilities, supervised apartment
living arrangements and hostels. Such a residence shall not be considered
a health care facility within the meaning of the Health Care Facilities
Planning Act (P.L. 1971, c. 136; N.J.S.A. 26:2H-1 et seq.). In the
case of such community residence housing mentally ill persons, such
residence shall have been approved for a purchase of service contract
or an affiliation agreement pursuant to such procedure as shall be
established by regulation of the Division of Mental Health and Hospitals
of the Department of Human Services. "Developmentally disabled person"
means a person who is developmentally disabled as defined in Section
2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2) and "mentally ill person"
means a person who is afflicted with a mental illness as defined in
N.J.S.A. 30:4-23, but shall not include a person who has been committed
after having been found not guilty of a criminal offense by reason
of insanity or having been found unfit to be tried on a criminal charge,
or as otherwise defined at N.J.S.A. 40:55D-66.2.[Amended 4-5-2004 by Ord. No. 13-2004]
- COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIES
- A community residential facility licensed pursuant to P.L.
1979, c. 337 (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 persons with head injuries 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, supervised apartment
living arrangements, and hostels. Such a residence shall not be considered
a health care facility within the meaning of the “Health Care
Facilities Planning Act,” P.L. 1971, c. 136 (N.J.S.A. 26:2H-1
et al.), or as otherwise defined at N.J.S.A. 40:55D-66.2.[Added 4-5-2004 by Ord. No. 13-2004]
- COMMUNITY RESIDENCE FOR THE TERMINALLY ILL
- Any community residential facility operated as a hospice
program, providing food, shelter, personal guidance, and health care
services, under such supervision as required, to not more than 15
terminally ill persons, or as otherwise defined at N.J.S.A. 40:55D-66.2.[Added 4-5-2004 by Ord. No. 13-2004]
- COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
- Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by regulation
of the Department of Human Services pursuant to P.L. 1979, c. 337
(N.J.S.A. 30:40-1-14), providing food, shelter, medical care, legal
assistance, personal guidance and other services to not more than
15 persons who have been victims of domestic violence, including any
children of such victims, who temporarily require shelter and assistance
in order to protect their physical or psychological welfare, or as
otherwise defined at N.J.S.A. 40:55D-66.2.[Amended 4-5-2004 by Ord. No. 13-2004]
- The increase in soil bulk density caused by subjecting soil
to greater-than-normal loading. Compaction may decrease soil infiltration
and permeability rates.[Added 4-18-2007 by Ord. No. 11-2007]
- COMPLETE APPLICATION
- An application for development shall be complete for purposes of commencing the applicable time period for action by the Planning Board or Zoning Board of Adjustment, as the case may be, when so certified by the Board or its authorized designee as indicated in Article X of this chapter. In the event the application is not certified to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period for action by the Board unless the application lacks information indicated on a checklist adopted by ordinance and provided to the applicant; and the Board or its authorized designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the Board or its designee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error and submission of additional information not specified in this chapter or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Board.
- COMPUTER CENTER
- A facility where the majority of space is occupied by computers
and related equipment and/or where electronic data is stored and may
be processed, analyzed, sorted and converted by employees or customers
either on site or remotely.[Added 9-8-2015 by Ord. No. 07-2015]
- CONCEPT PLAN
- A general plan, sufficiently detailed for discussion purposes.
- CONDITIONAL USE
- A use permitted in a particular zoning district only upon showing to the satisfaction of the Planning Board that such use in a specified location will comply with the conditions and standards for the location or operation of such use as specified in this chapter.
- As defined within the State Condominium Act, real estate, portions of which are designed for separate ownership and the remainder of which is designated for common ownership solely by owners of those portions. Real estate is not a condominium unless the included interests in the common elements are vested in the unit owners.
- CONFERENCE CENTER
- A facility used for service organizations, business and professional
conferences and seminars and the training of personnel engaged in
business, educational, scientific, or research endeavors, but not
to include business or trade schools.[Added 9-8-2015 by Ord. No. 07-2015]
- CONFERENCE INN
- A building or group of buildings containing sleeping rooms, eating and cooking facilities, meeting rooms, fitness facility/health center and customary and usual accessory uses. The fitness facility/health center shall consist of a pool, exercise room and lockers and shall be restricted to conference inn guests and available to the general public on a membership basis only.
- CONGREGATE-CARE APARTMENT
- A rental apartment often developed as part of a continuing-care
retirement community with communal dining facilities and services,
such as housekeeping, organized social and recreational activities,
transportation services and other similar support services for residents.[Added 10-16-2000 by Ord. No. 38-2000]
- CONSTRUCTION SIGN
- A temporary, on-premises sign identifying the ongoing construction
activity during the time that a building permit is active and prior
to completion of the work for which the permit was issued, containing
sign copy that is limited to the ongoing construction activity and
identifying the contractor and/or any subcontractor engaged to perform
construction activity on the site.[Added 4-4-2011 by Ord. No. 08-2011]
- CONTINUING-CARE RETIREMENT COMMUNITY
- An age-restricted development that provides a continuum of
accommodations and care from independent living to long-term bed care
and which enters into contracts to provide lifelong care in exchange
for the payment of monthly fees plus an entrance fee in excess of
one year of monthly fees conforming to N.J.S.A. 52:27D-330 et seq.[Amended 10-16-2000 by Ord. No. 38-2000]
- The linguistic or graphic content of a sign.[Added 4-4-2011 by Ord. No. 08-2011]
- COVERAGE, BUILDING
- The square footage area measurement of the extent to which all buildings occupy a lot as measured in a horizontal plane around the periphery of the foundation and including the area under any roof extending more than three feet beyond the foundation.
- COVERAGE, IMPERVIOUS
- The square footage or other area measurement of the extent
to which all buildings and impervious surfaces cover a lot as measured
in a horizontal plane to the limits of impervious area(s) expressed
as percentage of the net lot area of the site. All surfaced parking
and driveway areas and all required parking and driveway areas which
are permitted to remain unsurfaced shall be included in the computation
of impervious coverage.[Amended 9-5-2006 by Ord. No. 31-2006]
- CREATED WETLAND
- The conversion of a persistent upland or shallow water area
into a wetland through some activity of man.[Added 6-17-2002 by Ord. No. 15-2002; amended 10-7-2002 by Ord. No. 40-2002]
- CRITICAL AREA
- Any area which is environmentally sensitive or which, if disturbed, would adversely affect the environment. Stream corridors, flood hazard areas, wetlands and steep slope area with slopes greater than 15% are critical areas for which regulations for development are specified in this chapter.
- A local street with only one outlet and having the other end designed for the reversal of traffic movement.
- Calendar days.
- DEER FENCING
- In order to be classified as a "deer fence," a fence shall
exhibit all of the following characteristics:[Added 4-21-2014 by Ord. No. 09-2014]
- The number of dwelling units per gross area of land to be developed, also known as "gross density."
- DETENTION BASIN
- An impoundment area made by construction and embankment,
or excavation of a pit, or both, for the purpose of temporarily storing
stormwater.[Amended 6-17-2002 by Ord. No. 15-2002; 10-7-2002 by Ord. No. 40-2002]
- DETENTION FACILITY
- A detention basin or alternative structure designed to temporarily
detain stormwater runoff.[Added 6-17-2002 by Ord. No. 15-2002; amended 10-7-2002 by Ord. No. 40-2002]
- 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 any option or contract to purchase or any other person having enforceable proprietary interest in such land.
- The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure; or any mining, excavation or landfill and any use or change in use of any building or other structure or land or extension of use of land, for which permission may be required pursuant to this chapter.
- DEVELOPMENT FEES
- Money paid by an individual, person, partnership, association,
company or corporation for the improvement of property as permitted
in COAH's rules.[Added 5-17-1993]
- 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.
- DIRECTIONAL SIGN
- A noncommercial on-site sign providing direction or information
to pedestrian or vehicular traffic that is related or reasonably necessary
to the movement of pedestrian or vehicular traffic on the premises,
and not displaying a commercial message (e.g., "entrance," "exit,"
"caution," "no parking," "one way only," "no trespassing," and the
like).[Amended 4-4-2011 by Ord. No. 08-2011]
- Any activity, including the clearing, excavating, storing,
grading, filling or transportation of soil, or any other activity
that causes soil to be exposed to the danger of erosion.[Added 4-18-2007 by Ord. No. 11-2007]
- DOUBLE-FACED SIGN
- A single sign with copy on both sides of the sign and mounted
as a single structure.[Added 4-4-2011 by Ord. No. 08-2011]
- The removal of surface water or groundwater from land by drains, grading or other means, and 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 source 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 AND UTILITY RIGHTS-OF-WAY
- The lands required for the installation and maintenance of stormwater and sanitary sewers, water pipes or drainage ditches and other utilities or lands 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.
- DRAINAGE AREA
- A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.[Added 4-18-2007 by Ord. No. 11-2007]
- DRAINAGE SYSTEM
- The system through which water flows from the land, including all watercourses, water bodies and wetlands.
- A paved or unpaved area used for ingress and egress of vehicles and allowing access from a street to a building or other structure or facility.
- DRY WELL
- A below-grade stormwater retention structure that is open
at the base, allowing water to percolate to the underlying soils.[Added 6-17-2002 by Ord. No. 15-2002; amended 10-7-2002 by Ord. No. 40-2002]
- A lot or part thereof used for disposal, abandonment, dumping, burial, burning or any other means of garbage offal, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or standardized products.
- DWELLING UNIT
- A room or series of connected rooms designed for permanent residency containing living, cooking, sleeping and sanitary facilities for one housekeeping unit. The dwelling shall be self-contained and shall not require the use of outside stairs, passing through another dwelling unit or indirect route(s) to get to any portion of the dwelling unit, nor shall there be shared facilities with another housekeeping unit.
- A right to use the real property of another created by deed or other legal means, for the benefit of private persons or the public, for one or more specific purposes such as access, drainage, conservation, agriculture or provision of utility services.
- The lowest horizontal line of a sloping roof.
- ECHO HOUSING UNIT
- An Elder Cottage Housing Opportunity ("ECHO") unit is a small second house, accessory to a primary residential dwelling, temporary in nature and containing a bathroom, kitchen, living and sleeping facilities. It is restricted in size to accommodate one or two persons who are relatives of the owner/occupant of the primary dwelling on the lot. The occupants of the ECHO housing unit shall be either senior citizens (60 years of age or older) or disabled persons. The ECHO unit is a premanufactured structure which is only permitted on a lot so long as the senior citizen or disabled occupants continue to reside thereon.
- ELECTION SIGN
- A temporary sign erected or displayed for the purpose of
expressing support for or opposition to a candidate or stating a position
regarding an issue upon which the voters of the Township shall vote.[Added 4-4-2011 by Ord. No. 08-2011]
- ENVIRONMENTAL IMPACT STATEMENT
- A written and graphic statement describing, analyzing and assessing the anticipated effects of a proposed development on environmental constraints and critical lands pursuant to this chapter.
- EQUALIZED ASSESSED VALUE
- The value of a property determined by the Municipal Tax Assessor
through a process designed to ensure that all property in the municipality
is assessed at the same assessment ratio or ratios required by law.
Estimates at the time of building permit may be obtained by the Tax
Assessor utilizing estimates for construction cost. Final equalized
assessed value will be determined at project completion by the Municipal
Tax Assessor.[Added 5-17-1993]
- To construct, build, raise, assemble, place, affix, attach,
create, paint, draw or in any other way bring into being or establish;
but it does not include any of the foregoing activities when performed
as incident to the change of advertising message or customary maintenance
or repair of a sign.[Added 4-4-2011 by Ord. No. 08-2011]
- The detachment and movement of soil or rock fragments by water, wind, ice and gravity.
- ESSENTIAL UTILITY SERVICES
- The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission, including towers, poles, wires, mains, drains, sewers, pipes conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare. Telephone dial equipment centers, power substations, sewage treatment plants, dumps and sanitary landfills are excluded.
- EXISTING GRADE
- The vertical location of the existing ground surface prior to cutting or filling.
- Flexible material comprised of natural or artificial fibers
that are woven, felted or knitted.[Added 4-4-2011 by Ord. No. 08-2011]
- The side of a building that faces a public or private street.[Amended 4-4-2011 by Ord. No. 08-2011]
- FACADE SIGN
- Any sign erected, constructed or maintained on a building with the principal support of said sign being the building.
- One or more persons occupying a dwelling unit as a single nonprofit housekeeping unit, who are living together as a stable and permanent living unit, being a traditional family unit or the functional equivalent thereof.
- FAMILY DAY-CARE HOME
- The care of up to five children in a private residence for a fee and is registered pursuant to the Family Day Care Provider Registration Act, P.L. 1987, c. 27.
- FARM-SCALE RENEWABLE ENERGY FACILITIES
- Renewable energy facilities on permitted, commercial farms
which meet the applicable provisions in the New Jersey Farmland Assessment
Act (N.J.S.A. 54:4-23.1 et seq.), the New Jersey Right to Farm Act
(N.J.S.A. 4:1C-1 et seq.) and the New Jersey State Agricultural Development
Committee's Agricultural Management Practice for the Construction,
Installation, Operation or Maintenance of Solar Energy Generation
Facilities, Structures and Equipment on Commercial Farms. Renewable
energy facilities on farms that are not classified as "commercial
farms" pursuant to the State of New Jersey are not included under
this definition. Such facilities located on commercial farms where
agriculture is not a permitted use shall be deemed an expansion of
a preexisting nonconforming use and shall require appropriate variance
relief pursuant to N.J.S.A. 40:55D-70d(2).[Added 10-1-2012 by Ord. No. 21-2012; amended 8-6-2018 by Ord. No. 11-2018]
- FAVORABLE TRAFFIC ACCESSIBILITY
- Direct primary access on to either Route 22 or 202 or to
Route 523 either directly or via collector road(s) within a nonresidential
zone, with adequate sight visibility for safe ingress and egress.[Amended 5-16-1994]
- 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 Board taken on a preliminarily approved major subdivision or site plan, after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion or approval conditioned upon the posting of such guaranties.
- FINAL PLAT
- The final map of all or a portion of a subdivision which is presented for final approval.
- Any fabric or bunting containing distinct colors, patterns
or symbols, used as an ornamental flag or as a symbol of government,
a political subdivision, corporation or business or other entity.
(See also "ornamental flag.")[Added 4-4-2011 by Ord. No. 08-2011]
- A pole on which to raise a flag.[Added 4-4-2011 by Ord. No. 08-2011]
- FLASHING SIGN
- A sign which permits light to be turned on or off intermittently
more frequently than once per minute or any illuminated sign on which
such illumination is not kept stationary or constant in intensity
and color at all times when such sign is in use, including a LED (light-emitting
diode) or digital sign, and changes more frequently than once per
minute.[Added 4-4-2011 by Ord. No. 08-2011]
- FLOOD-FRINGE AREA
- That portion of the floodplain outside of the floodway.
- FLOOD HAZARD AREA
- The floodway and flood fringe areas as determined by the
Department of Environmental Protection under Section 3 of the Flood
Hazard Control Act (P.L. 1979, c. 359)[Amended 6-17-2002 by Ord. No. 15-2002; 10-7-2002 by Ord. No. 40-2002]
- FLOOD LINE
- The line formed by following the outside boundaries of the
area inundated by a one-hundred-year flood.[Added 11-4-2002 by Ord. No. 49-2002]
- The area inundated by NJDEP's regulatory flood including
the watercourse that creates it. NJDEP's regulatory flood means NJDEP's
adopted Flood Hazard Area Design Flood along streams for which NJDEP
has an adopted flood hazard area and floodway study, and the one-hundred-year
flood along nondelineated streams for which NJDEP has not delineated
a flood hazard area.[Amended 6-17-2002 by Ord. No. 15-2002; 10-7-2002 by Ord. No. 40-2002]
- The channel of a natural stream and portions of the flood
hazard areas adjoining the channel, which are reasonably required
to carry and discharge the floodwater or floodflow of any natural
stream. For this chapter, the term floodway refers to both the delineated
floodway along streams which have state-adopted flood hazard areas
and floodway studies, and the area between NJDEP-approved encroachment
lines located on both sides of nondelineated streams for which no
state-adopted flood hazard area and floodway study exists.[Amended 6-17-2002 by Ord. No. 15-2002; 10-7-2002 by Ord. No. 40-2002]
- FLOOR AREA, GROSS (G.F.A.)
- The plan projection of all roofed areas on a lot multiplied by the number of habitable stories under each roof section, provided that the area under any roof overhang of three feet or less shall not be included in the G.F.A. calculation. Basements which satisfy applicable construction code definitions of habitable space are included in the G.F.A.
- FLOOR AREA, NET HABITABLE (N.H.F.A.)
- The finished and heated area fully enclosed by the inside surfaces of walls, windows, doors and partitions and having a headroom of at least 6 1/2 feet, including working, living, eating, cooking, sleeping, stair, hall, service and storage areas, but excluding garages, carports, parking spaces, cellars, half stories and unfinished attics and basements.
- FLOOR AREA RATIO (F.A.R.)
- The sum of the area of all floors of buildings compared to
the net lot area of the site.[Amended 9-5-2006 by Ord. No. 31-2006]
- FREE EXPRESSION SIGN
- A sign, not in excess of four square feet in size (area)
per side and whose top is not more than three feet off the ground,
communicating information or views on matters of public policy or
public concern or containing any other noncommercial message, that
is otherwise lawful.[Added 4-4-2011 by Ord. No. 08-2011]
- FREESTANDING SIGN
- A sign supported by structures or supports that are placed
on or anchored in the ground or at ground level and which are independent
of any building or other structure.[Added 4-4-2011 by Ord. No. 08-2011]
- FRESHWATER WETLANDS
- An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation;" provided, however, that in designating
a wetland, the delineator shall use the three parameter approach (that
is, hydrology, soils and vegetation) enumerated in the Federal Manual
for Identifying and Delineating Jurisdictional Wetlands. Freshwater
wetlands has been defined here using the same definition as New Jersey
Department of Environmental Protection (NJDEP) utilizes in its Technical
Manual for Land Use Regulation Program (LURP).[Added 6-17-2002 by Ord. No. 15-2002; amended 10-7-2002 by Ord. No. 40-2002]
- The length of the property line of a parcel of land, which
runs parallel with and along a road right-of-way or street, exclusive
of alleyways.[Amended 4-4-2011 by Ord. No. 08-2011]
- FRONT ENTRY GARAGE
- A private garage with vehicular access doors facing a public
street.[Added 3-21-2016 by Ord. No. 03-2016]
- FUTURE DEVELOPMENT SIGN
- A sign that functions to advertise the future or proposed
development of the premises upon which the sign is erected.[Added 4-4-2011 by Ord. No. 08-2011]
- GARAGE, COMMERCIAL
- A building or lot or part thereof, devoted primarily to repair, servicing or washing of motor vehicles, but excluding all body work.
- GARAGE OR YARD SALE SIGN (GARAGE-YARD SALE SIGN)
- Any on-site temporary sign pertaining to the sale of personal
property in, at or upon any residentially zoned property located in
the Township. Garage or yard sales shall include but not be limited
to all such sales, and shall include the advertising of the holding
of any such sale, or the offering to make any sale, whether made under
any name such as garage sale, lawn sale, yard sale, front yard sale,
backyard sale, home sale, attic sale, rummage sale, patio sale, flea
market sale, or any similar designation.[Added 4-4-2011 by Ord. No. 08-2011]
- GARAGE, PRIVATE
- A closed building or portion thereof for the shelter of a motor vehicle owned and used by the owner or tenant of the premises.
- The slope of a road, path, driveway, swale or other surface or the average finished ground elevation adjoining a building at project completion.
- A body of water below the surface of the land in a zone of
saturation where the spaces between the soil or geological materials
are fully saturated with water.[Added 4-18-2007 by Ord. No. 11-2007]
- HEAVY MANUFACTURING
- The production of goods, such as steel, in which large volumes
of raw materials are used to produce goods for a secondary industry.[Added 5-7-2012 by Ord. No. 14-2012]
- HISTORIC SITE
- Any building, structure, area or property that is significant in the history, architecture, archaeology or culture of the state, its communities or the nation or so identified in the Readington Township Master Plan as a site of historic interest.
- HOME OCCUPATION
- An operation or business conducted in or from a single-family detached dwelling incidental and subordinate to its principal residential use and as further regulated in Article VI of this chapter.
- HOMEOWNERS' ASSOCIATION
- An incorporated nonprofit organization operating in a cluster or planned development under recorded land agreement through which each lot owner is automatically a voting member; each occupied dwelling unit is automatically subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the Township and each owner and tenant has the right to use the common property.
- A facility for overnight accommodation of transient guests
for compensation which: contains guest rooms or suites, each having
its only access from an interior corridor, contains a public lobby
providing guest services 24 hours per day, has full-time on-site management,
may contain drinking and eating establishments, shops and other ancillary
uses, and contains a minimum of 30 guest rooms.[Amended 9-8-2015 by Ord. No. 07-2015]
- ILLEGAL SIGN
- Any sign which was unlawfully erected or which has been determined to be in violation of any provision of Article XII of the Readington Township Land Development Ordinance.[Added 4-4-2011 by Ord. No. 08-2011]
- ILLUMINATED SIGN
- Any sign or portion thereof which is illuminated by artificial
light, either from an interior or exterior source, including outline,
reflective or phosphorescent light, whether or not the source of light
is directly affixed as part of the sign.[Added 4-4-2011 by Ord. No. 08-2011]
- IMPERVIOUS SURFACES
- Those surfaces which do not absorb rain. All buildings, parking areas, driveways, roads, sidewalks and areas in concrete, asphalt and packed stone shall be considered impervious surfaces within this definition. In addition, other areas determined by the Municipal Engineer to be impervious within the meaning of this definition will also be classed as impervious surfaces.
- Buildings for public or quasi-public use, grading, paving, streetlights and signs, fire hydrants, water mains, sanitary sewers, storm drains, sidewalks, crosswalks, bridges, culverts, monuments, retaining walls and shade trees, as proposed or required and intended for dedication to the municipality.
- INCIDENTAL SIGN
- A sign not exceeding one square foot in size attached to
a freestanding sign or affixed to a wall that either:[Added 4-4-2011 by Ord. No. 08-2011]
- The process by which water from precipitation seeps into
the soil to a level below the normal root soil of plant species.[Added 4-18-2007 by Ord. No. 11-2007]
- INFILTRATION FACILITY
- Any structure or device designed to infiltrate detained water
to the subsurface and which is not an injection well. These facilities
may be above-grade or below-grade.[Added 6-17-2002 by Ord. No. 15-2002; amended 10-7-2002 by Ord. No. 40-2002]
- INTERESTED PARTY
- In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and in the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under the provisions of this chapter or whose rights to use, acquire or enjoy property is or may be affected by any action taken under the Municipal Land Use Law or this chapter or under any other law of this state or of the United States have been denied, violated or infringed upon by an action or a failure to act under the provisions of this chapter.
- INTERMITTENT SIGN
- A sign which permits light to be turned on or off intermittently
more frequently than once every 12 hours or which is operated in a
way whereby light is turned on or off intermittently more frequently
than once every 12 hours, including any illuminated sign on which
such illumination is not kept stationary or constant in intensity
and color at all times when such sign is in use, including a LED (light-emitting
diode) or digital sign, and which varies in intensity or color more
frequently than once every 12 hours.[Added 4-4-2011 by Ord. No. 08-2011]
- JUDGMENT OF REPOSE
- A judgment issued by the Superior Court approving a municipality's
plan to satisfy its fair share obligation.[Added 5-17-1993]
- Any space, whether inside or outside a building, used for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials or for the dismantling, demolition, salvage, resale or abandonment of automobiles or other vehicles or machinery or parts thereof.
- LAKES AND PONDS
- Natural or artificial bodies of water which retain water year round.
- Including improvements and fixtures on, above or below the surface.
- LIGHT MANUFACTURING
- The production of goods, such as baked goods, candies, clothing,
electronic devices, millwork and woodworking products, for the direct
consumption by the consumer.[Added 5-7-2012 by Ord. No. 14-2012]
- LONG-TERM-CARE FACILITY
- An institution or a distinct part of an institution 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 10-16-2000 by Ord. No. 38-2000]
- 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 area contained within the lot lines of a lot not including any portion of street right-of-way.
- LOT AREA, GROSS
- The area contained within the lot lines of a lot and may include portions of street rights-of-way if lot lines encroach within the street.
- LOT AREA, NET
- The area contained within the lot lines of a lot after reducing
the total area by the amount of land subject to certain environmental
constraints as provided in the following schedule:[Added 9-5-2006 by Ord. No. 31-2006]
- LOT CIRCLE
- The diameter of the largest circle which can be inscribed within the lot lines.
- LOT, CORNER
- A lot abutting the intersection of two or more streets, where the interior angle of intersection does not exceed 135°. Each corner lot shall have two front yards, one side yard and one rear yard, the side and rear yard to be designated at the time of application for a construction permit.
- LOT DEPTH
- The perpendicular distance between the street line or front lot line and a line drawn parallel thereto through the midpoint of the rear lot line.
- LOT FRONTAGE
- The distance between the side lot lines measured along the street line.
- LOT, INTERIOR
- A lot other than a corner lot.
- MAINTENANCE PLAN
- A document required for all major development protects for
stormwater management maintenance. The document shall contain specific
preventive maintenance tasks and schedules; cost estimates, including
estimated cost of sediment, debris, or trash removal; and the name,
address, and telephone number of the person or persons responsible
for preventive and corrective maintenance (including replacement).[Added 4-18-2007 by Ord. No. 11-2007]
- MAJOR DEVELOPMENT
- Any development that will ultimately result in the disturbance
of greater than one acre of land or creates an additional 0.25 acre
of impervious surface.[Added 4-18-2007 by Ord. No. 11-2007]
- MANUFACTURED HOME
- A unit of housing which consists of one or more transportable sections which are substantially constructed off site and, if more than one section, are joined together on site; is built on a permanent chassis; is designed to be used, when connected to utilities, as a dwelling on a permanent foundation; and is manufactured in accordance with the standards promulgated for a manufactured home by the secretary pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, Pub. L. 93-383 (42 U.S.C. § 5401 et seq.) and the standards promulgated for a manufactured mobile home by the commissioner pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.).
- The adding of value to previously processed raw material by reshaping, reworking, assembly, combining or other means. For the purpose of this chapter, the initial processing of raw materials, such as the smelting of ore or the tanning of hides, is prohibited.
- MANUFACTURING, LIGHT
- The creation of small, lightweight products by research, engineering, development and fabrication which creation does not involve any nuisance factors other than the noise of trucking and the congregation of employees.
- MASSAGE SHOP
- An establishment, business or use which provides the service of massage and body manipulation, including specified sexual activities involving exercises, heat and light treatments of the body and all forms and methods of physiotherapy unless operated by a medical practitioner, professional physical therapist and/or massage therapist certified by a school accredited by the State of New Jersey.
- MASSAGE THERAPY
- Massage therapist certified by a school accredited.
- 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.
- MAXIMUM EXTENT PRACTICABLE
- Compliance with the specific objective to the greatest extent
possible taking into account equitable considerations and competing
factors, including but not limited to environmental benefits, pollutant
removal effectiveness, regulatory compliance, ability to implement
given site-specific environmental conditions, cost and technical or
engineering feasibility.[Added 4-18-2007 by Ord. No. 11-2007]
- An action by an applicant providing compensation or offset
actions for on-site stormwater management requirements where the applicant
has demonstrated the inability or impracticality of strict compliance
with the stormwater management requirements set forth in N.J.A.C.
7:8, in an adopted regional stormwater management plan, or in this
chapter, and has received a waiver from strict compliance from the
municipality. Mitigation, for the purposes of this chapter, includes
both the mitigation plan detailing how the project's failure to strictly
comply will be compensated, and the implementation of the approved
mitigation plan within the same HUC-14 within which the subject protect
is proposed (if possible and practical), or a contribution of funding
toward a regional stormwater control protect, or provision for equivalent
treatment at an alternate location, or other equivalent water quality
benefit.[Added 4-18-2007 by Ord. No. 11-2007]
- MOBILE HOME
- See "manufactured home."
- A. A parcel of land or two or more parcels of land containing no fewer than 10 sites equipped for the installation of manufactured homes, where these sites are under common ownership and control for the purpose of leasing each site to the owner of a manufactured home for the installation thereof and where the owner or owners provide services, which are provided by the municipality in which the park is located for property owners outside the park, which services may include but shall not be limited to:
- B. A parcel or any contiguous parcels, of land which contained, on January 1984, no fewer than three sites equipped for the installation of manufactured homes and which otherwise conform to the provisions of this subsection, shall qualify as a mobile home park for the purposes of this chapter.
- MODULAR HOUSING
- Any residential structure incorporating components assembled off-site, provided that such structure is permanently attached to a foundation.
- MODULAR PAVEMENT (ALSO KNOWN AS "PARKING BLOCKS")
- Hollow concrete blocks which are placed in rows with soil
surrounding each one and planted with vegetation.[Added 6-17-2002 by Ord. No. 15-2002; amended 10-7-2002 by Ord. No. 40-2002]
- MUNICIPAL AGENCY
- The Planning Board, Board of Adjustment or Township Committee of Readington Township when acting pursuant to N.J.S.A. 40:55D-1 et seq. and any agency which is created by or responsible to Readington Township when such agency is acting pursuant to N.J.S.A. 40:55D-1 et seq.
- NAMEPLATE SIGN or OCCUPANT IDENTIFICATION SIGN
- A sign indicating the name and/or profession or address of
a person or persons residing on the premises or legally occupying
the premises.[Added 4-4-2011 by Ord. No. 08-2011]
- NET METERING
- A system of metering and billing for electricity in which
the public utility credits a customer-generator for energy produced
by a renewable energy system and which further meets the standards
for such in the New Jersey Board of Public Utilities Net Metering
and Interconnection Rules, N.J.A.C. 14:8-4.3.[Added 10-1-2012 by Ord. No. 21-2012]
- NONCOMMERCIAL MESSAGE
- Any message that is not a commercial message.[Added 4-4-2011 by Ord. No. 08-2011]
- NONCONFORMING BUILDING OR STRUCTURE
- A building or structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which falls to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
- NONCONFORMING LOT
- A lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
- NONCONFORMING SIGN
- A sign that was lawfully erected but no longer conforms to the regulations provided in Article XII of the Readington Township Land Development Ordinance.[Added 4-4-2011 by Ord. No. 08-2011]
- NONCONFORMING USE
- A use or activity which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
- NONDEVELOPABLE LAND
- Land encumbered by easements (except sight triangles), floodplains, wetlands, stream corridors, slopes greater than 15% and waterways.
- NONPOINT SOURCE POLLUTION
- Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.[Added 6-17-2002 by Ord. No. 15-2002; amended 10-7-2002 by Ord. No. 40-2002]
- NONSTRUCTURAL STORMWATER BEST MANAGEMENT PRACTICES, STRATEGIES OR TECHNIQUES
- The management of stormwater runoff in the absence of a stormwater
structure (e.g., basin and piped conveyance). This includes but is
not limited to minimizing site disturbance, preserving important site
features, including, but not limited to, natural vegetation, reducing
and disconnecting impervious cover, minimizing slopes, utilizing native
vegetation, minimizing turf grass lawns, increasing time of concentration
and maintaining and enhancing natural drainage features and characteristics.[Added 4-18-2007 by Ord. No. 11-2007]
- A. An offensive, annoying, unpleasant or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion or disturbance of another's rights, including the actual or potential emanation of any physical characteristics of activity or use across a property line which can be perceived by or affect a human being or the generation of an excessive or concentrated movement of people or things or any other characteristics detrimental to the values or use of an adjacent property, such as, but not limited to:
- (1) Noise, including that from unscreened air conditioners.
- (2) Dust.
- (3) Smoke.
- (4) Fumes, gas or vapor.
- (5) Odor.
- (6) Glare.
- (7) Flashes.
- (8) Vibration.
- (9) Shock waves.
- (10) Heat.
- (11) Electronic or atomic radiation.
- (12) Objectionable effluent or stormwater runoff.
- (13) The obscuring or masking of adjacent or nearby property by projecting signs, marquises or canopies.
- (14) Any adverse effect on value or desirability of nearby property caused by such matters as incongruous appearance, exposed storage of inoperable automobiles, junk, materials and neglect or dilapidation of land or buildings, exposed parking of commercial vehicles on residential lots or areas.
- (15) Unusual risks of fire or explosion, such as manufacture and/or storage of wood, fuel or explosives.
- (16) Similar matters covered by other ordinances.
- (17) Parking of motor vehicles in required front yards on other than established driveways.
- (18) Any use or storage of feed, food, garbage or other matter in a manner conducive to support or spread of rodents or other pests.
- (19) Local ownership and exposed parking or use of any portable or mobile devices having any other nuisance factors, including but not limited to such things as sound trucks and advertising matter on vehicles beyond identification of owner or business.
- B. The results of any agricultural management practices shall not be considered a nuisance.
- NURSING HOME
- Any building in which more than one room or an area exceeding 400 square feet is used for the accommodation, reception or treatment of the aged or sick who are residents therein, excluding members of the resident family and who are not related to the owners or lessee of such building.
- A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of plants, algae
and other organisms or vegetation.[Added 4-18-2007 by Ord. No. 11-2007]
- NUTRIENT LOAD
- The total amount of a nutrient, such as nitrogen or phosphorus,
entering the water during a given time, such as tons of nitrogen per
year, or pounds of phosphorus per day. Nutrients may enter the water
from runoff, groundwater recharge, point source discharges, or the
air (in the form of wet deposition such as rain or snow as well as
dry deposition).[Added 4-18-2007 by Ord. No. 11-2007]
- That which to the average person, applying contemporary community
standards, when considered as a whole, is patently offensive in the
description or representation of sexual matters or has, as its dominant
theme or purpose, an appeal to the prurient interest.[Added 4-4-2011 by Ord. No. 08-2011]
- OBSCENE MATERIAL
- Any description, narrative account, display or depiction of sexual activity or anatomical area contained in or consisting of a picture or other representation, publication, sound recording, live performances or film, which by means of posing, composing, format or animated sensual details:
- A. Depicts or describes, in a patently offensive way, ultimate sexual acts, normal or perverted, actual or simulated, masturbation, excretory functions or specified anatomical areas, as defined herein:
- B. Lacks serious literary, artistic, political or scientific value, when taken as a whole; and
- C. Is a part of a work which, to the average person applying contemporary community standards, has a dominant theme, taken as a whole, which appeals to the prurient interest.
- OFFICE, MEDICAL
- A building or portion of a building principally 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.[Added 9-8-2015 by Ord. No. 07-2015]
- OFF-LINE PONDS
- Water bodies that are isolated and do not discharge to a
stream.[Added 9-5-2006 by Ord. No. 32-2006]
- OFF-PREMISES SIGN or OFF-SITE SIGN
- Any sign relating in its subject matter to commodities, accommodations,
services or activities on premises other than the premises on which
the sign is located.[Added 4-4-2011 by Ord. No. 08-2011]
- 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.
- Not located on the property which is the subject of a development application or on a contiguous portion of a street right-of-way.
- ON-PREMISES SIGN or ON-SITE SIGN
- Any sign relating in its subject matter to the commodities,
accommodations, service or activities on the premises on which the
sign is located.[Added 4-4-2011 by Ord. No. 08-2011]
- Located on the lot in question.
- Located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way, drainage or utility easement.
- OPEN SPACE
- Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
- OPEN SPACE ORGANIZATION
- An incorporated, nonprofit organization operating in a planned development under recorded land agreement, provided that each owner is automatically a member; each occupied dwelling unit is automatically subject to a charge for proportionate share of expenses for the organization's activities and maintenance, including any maintenance costs levied against the organization by the Township; and each owner and tenant has the right to use the common property.
- ORNAMENTAL FLAG
- Any fabric or similar material containing patterns, drawings
or symbols used for decorative purposes and designed to be flown as
a flag.[Added 4-4-2011 by Ord. No. 08-2011]
- Any individual, firm, association, syndicate, condominium or cooperative, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided or developed to commence and maintain proceedings to develop the same under this chapter.
- The top of a building wall or facade which is raised above the roof.
- PARKING AREA, PRIVATE
- Any open area used for the temporary storage of automobiles and other vehicles for the private use of the owners or occupants of the lot on which the area is located.
- PARKING AREA, PUBLIC
- Any open area, other than a road or other public way, used for the temporary storage of automobiles and other vehicles and available to the public, whether for a fee or without compensation or as an accommodation for clients, customers or employees.
- PARKING SPACE
- An area, either within a structure or in the open, for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes and public rights-of-way, except that nothing shall prohibit private driveways for dwelling units from being considered off-street parking areas, provided that no portion of such driveway within the right-of-way line of the street intersected by such driveway shall be considered off-street parking space. The width and length of each space shall be measured perpendicular to each other, regardless of the angle of the parking space to the access aisle or driveway.
- Any series of small flag-like or streamer-like pieces of
cloth, plastic, paper or similar material attached in a row to any
staff, cord, building, or at only one or two edges, the remainder
hanging loosely.[Added 4-4-2011 by Ord. No. 08-2011]
- PERCOLATION TEST
- A test designed to determine the ability of ground to absorb water as regulated by Public Law Chapter 199.
- PERFORMANCE GUARANTY
- Any security, in accordance with the requirements of this chapter, which may be accepted by the Township Committee subject to review and approval by the Township Attorney in lieu of a requirement that certain improvements be completed prior to final approval of a development application, including cash bonds, performance bonds, letters of credit, escrow agreements and other similar collateral or surety agreements.
- PERMANENT SIGN
- Any sign which, when installed, is intended for permanent
use. For the purposes of this chapter, any sign with an intended use
in excess of 12 months from the date of installation shall be deemed
a permanent sign.[Added 4-4-2011 by Ord. No. 08-2011]
- A surface or land cover capable of transmitting or percolating
a significant amount of precipitation into the underlying soils.[Added 4-18-2007 by Ord. No. 11-2007]
- PERMITTED USE
- Any use of land or buildings permitted by this chapter.
- PERSONAL WIRELESS TELECOMMUNICATIONS EQUIPMENT FACILITIES (PWTEF's)
- Accessory facilities serving and subordinate in area, extent
and purpose to, and on the same lot as, a telecommunications antenna.
Such facilities include, but are not limited to, transmission equipment,
storage sheds, storage buildings and security fencing.[Added 6-7-1999 by Ord. No. 11-99; amended 10-2-2000 by Ord. No. 31-2000]
- PERSONAL WIRELESS TELECOMMUNICATIONS FACILITIES (PWTF's)
- Facilities for the provision of wireless communications services,
including but not limited to antennas, antenna support structure,
and related facilities other than PWTEF's, but does not include telecommunications
towers.[Added 6-7-1999 by Ord. No. 11-99; amended 10-2-2000 by Ord. No. 31-2000]
- PERSON WITH HEAD INJURY
- A person who has sustained an injury, illness or traumatic
changes to the skull, the brain contents or its coverings which results
in a temporary or permanent physiobiological decrease of mental, cognitive,
behavioral, social or physical functioning which causes partial or
total disability, or as otherwise defined at N.J.S.A. 40:55D-66.2.[Added 4-5-2004 by Ord. No. 13-2004]
- PERVIOUS PAVEMENT
- Material used for paved areas that produces less stormwater
runoff than conventional paving. This reduction is achieved primarily
through the infiltration of a greater portion of the rain falling
on the area than would occur with conventional paving. This increased
infiltration occurs either through the paving material itself or through
void spaces between individual paving blocks known as pavers. Types
of pervious pavement include porous asphalt or concrete paving constructed
over runoff storage bed of uniformly graded broken stone; permeable
pavers with storage bed; impervious concrete pavers with surface voids
constructed over runoff storage bed of uniformly graded broken stone;
permeable pavers without storage bed; and impervious concrete pavers
with surface voids constructed over structural bed of sand and crushed
stone.[Added 4-18-2007 by Ord. No. 11-2007]
- PLANNING BOARD
- The Readington Township Planning Board.
- A map or maps of a subdivision or site plan.
- Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked
or discarded equipment, rock, sand, cellar dirt, industrial, municipal,
agricultural, and construction waste or runoff, or other residue discharged
directly or indirectly to the land, groundwaters or surface waters
of the state, or to a domestic treatment works. Pollutant includes
both hazardous and nonhazardous pollutants.[Added 4-18-2007 by Ord. No. 11-2007]
- POLLUTANT LOADING ANALYSIS
- An analysis of the total amount of material (e.g. sediment,
nutrients, oxygen-demanding material) brought into the receiving water
body by inflowing streams, runoff, direct discharge through pipes,
groundwater, the air, and other sources over a specific period of
time, often annually.[Added 6-17-2002 by Ord. No. 15-2002; amended 10-7-2002 by Ord. No. 40-2002; 4-18-2007 by Ord. No. 11-2007]
- POLLUTANT REMOVAL EFFICIENCY
- Characteristic of a BMP that is primarily governed by three
interrelated factors:[Added 6-17-2002 by Ord. No. 15-2002; amended 10-7-2002 by Ord. No. 40-2002; amended 4-18-2007 by Ord. No. 11-2007]
- POROUS ASPHALT
- Built of open-cell concrete blocks and are commonly used
to increase the infiltration amount.[Added 6-17-2002 by Ord. No. 15-2002; amended 10-7-2002 by Ord. No. 40-2002]
- PORTABLE SIGN
- Any sign, banner or poster that is not permanently attached
to the ground or structure. For purposes of this chapter, an inflatable
sign shall be considered a portable sign.[Added 4-4-2011 by Ord. No. 08-2011]
- PRELIMINARY APPROVAL
- The conferral of certain rights prior to final approval after specific elements of a development plan have been agreed upon by the Board and the applicant and the agreement memorialized by resolution.
- PRELIMINARY PLAT
- Preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the Planning Board for consideration and tentative approval and meeting the requirements of this chapter.
- PRINCIPAL BUILDING, STRUCTURE OR USE
- A building, structure or use which is the main or primary building, structure or use on the lot.
- PRODUCT ASSEMBLY
- The assembling of component parts of manufactured products,
such as but not limited to computer and peripheral equipment, audio
and video equipment, small electrical appliance, cabinetry, and unmotorized
vehicles, and other similarly sized assembled products, and excluding
large assembled products, such as but not limited to vehicles, airplanes,
and prefabricated homes.[Added 5-7-2012 by Ord. No. 14-2012]
- PROHIBITED USE
- Any use of land or buildings not listed as permitted and/or explicitly prohibited by this chapter.
- PROJECTING SIGN
- Any sign affixed perpendicularly to a building or wall in
such a manner that its leading edge extends more than 12 inches beyond
the surface of such building or wall.[Added 4-4-2011 by Ord. No. 08-2011]
- PUBLIC VIEW
- Visible from a public thoroughfare, public lands or buildings
or navigable waterways.[Added 4-4-2011 by Ord. No. 08-2011]
- PUBLIC PURPOSE USE
- The use of land or buildings by the governing body of the Township or any officially created authority or agency thereof.
- Any place where stone, sand, gravel, minerals, subsoil, fill or other materials except topsoil is removed for a commercial purpose other than as incidental to excavation or regrading in connection with building or landscaping.
- The majority of the full authorized membership of a municipal agency.
- READINGTON COMMUNITY
- The Township of Readington, in the County of Hunterdon and
State of New Jersey.[Added 6-7-1999 by Ord. No. 11-99; amended 10-2-2000 by Ord. No. 31-2000]
- REAL ESTATE SIGN
- A sign advertising the sale, rental or lease of the premises
or part of the premises on which the sign is displayed temporarily.[Added 4-4-2011 by Ord. No. 08-2011]
- The amount of water from precipitation that infiltrates into
the ground and becomes part of a groundwater body.[Added 6-17-2002 by Ord. No. 15-2002; amended 10-7-2002 by Ord. No. 40-2002; 4-18-2007 by Ord. No. 11-2007]
- RECREATION, ACTIVE
- Leisure-time activities, usually of a formal nature and often
performed with others, requiring equipment and taking place at prescribed
places, sites or fields. Such activities normally include swimming,
tennis, golf, baseball and court games.[Added 11-4-2002 by Ord. No. 49-2002]
- RECREATION, PASSIVE
- Activities that involve relatively inactive or less energetic
activities, such as walking, sitting. picnicking, table games, bird
watching, horseback riding and hiking. Passive recreation does not
include the use of motorized vehicles.[Added 11-4-2002 by Ord. No. 49-2002]
- RENEWABLE ENERGY
- Energy produced from solar, photovoltaic, wind or biofuel
technologies.[Added 10-1-2012 by Ord. No. 21-2012; amended 8-6-2018 by Ord. No. 11-2018]
- RENEWABLE ENERGY FACILITY
- A facility that engages in the production of electric energy
from solar, photovoltaic, wind or biofuel technologies.[Added 8-6-2018 by Ord. No. 11-2018]
- Any establishment, however designated, at which food is sold primarily for consumption on the premises and within a building. A snack bar or refreshment stand at a public or community swimming pool, playground, playfield or park, operated solely by the agency or group operating the recreational facility and for the convenience of patrons of the facility, shall not be deemed a restaurant.
- RESTAURANT, FAST-FOOD
- A public eating facility where patrons purchase food while within the physical premises of the restaurant, which is obtained by self-service or from an employee of the establishment over a counter, for consumption either within the establishment or away from the premises. Cafeterias constitute fast-food restaurants under this chapter.
- RESTAURANT, FULL-SERVICE
- A public eating facility where patrons are first seated at tables, booths or counters, after which food ordered by them is served to the patrons by waiters or waitresses at such tables, booths or counters.
- The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or the alteration of streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but not including conveyances so as to combine existing lots by deed or other instrument.
- RETAINING WALL
- A structure designed to resist the lateral displacement of soil or other materials in order to maintain different ground elevations to protect property or prevent erosion. A retaining wall shall be subject to the setback requirements for principal buildings and structures and shall not be considered a fence or a wall (pursuant to § 148-52) for the purposes of regulating the placement of such a structure. The maximum permitted height of such a structure shall be two feet, as measured on the exposed face.[Added 8-2-2010 by Ord. No. 22-2010]
- RETENTION BASIN
- An impoundment area with a permanent pool made by construction
and embankment, or excavation of a pit, or both, for the purpose of
permanent or long-term storing of stormwater. A retention basin is
also called a wet basin or a wet retention basin.[Added 6-17-2002 by Ord. No. 15-2002; amended 10-7-2002 by Ord. No. 40-2002]
- REVOLVING SIGN or ROTATING SIGN
- Any sign that revolves or rotates.[Added 4-4-2011 by Ord. No. 08-2011]
- ROOF SIGN
- Any sign erected and constructed wholly on or over the roof
of a building which is supported by the roof structure, or any sign
that extends in whole or in part above the roofline of a building.
For purposes of this definition, "roofline" shall mean the highest
continuous horizontal line of a roof. On a sloping roof, the roofline
is the principal eave or the highest line common to one or more principal
eaves of a roof. On a flat roof, the roofline is the highest continuous
line of a roof or parapet, whichever is higher.[Added 4-4-2011 by Ord. No. 08-2011]
- SAFETY SIGN
- See "warning sign."[Added 4-4-2011 by Ord. No. 08-2011]
- SANDWICH BOARD SIGN
- A temporary, portable, double-faced, freestanding sign.[Added 4-4-2011 by Ord. No. 08-2011]
- SECONDARY BUILDING FACADE
- A building facade which is not the primary entrance facade
and is not the building facade which faces the street.[Added 4-4-2011 by Ord. No. 08-2011]
- Solid material, mineral or organic, that is in suspension
and is being transported or has been moved from its site of origin
by air, water or gravity as a product of erosion.[Added 4-18-2007 by Ord. No. 11-2007]
- SERVICE STATION
- Any building, land area or other premises or portion thereof
used for the retail dispensing or sales of vehicular fuels; servicing
and repair of automobiles; and including as an accessory use the sale
and installation of lubricants, tires, batteries and similar vehicular
accessories. A service station shall not include the following: the
sale of convenience foods, beverages (excepting beverage vending machine
dispensing), tobacco, newspapers or other convenience goods; vehicular
washing; vehicle wrecking; auto body repair and painting; specialty
engine repair or machine shop; vehicle rentals; fee-based parking;
storage of inoperable or unregistered vehicles; or any other accessory
use involving motor vehicles not specifically permitted.[Amended 9-17-1999 by Ord. No. 16-99; 6-19-2000 by Ord. No. 25-2000]
- SETBACK LINE
- A line drawn parallel with a street line or lot line and drawn through the point of a building nearest to the street line or lot line. The term "required setback" means a line that is established a minimum horizontal distance from the street line or lot line and beyond which a building or part of a building is not permitted to extend toward the street line or lot line.
- Any pipe conduit used to collect and carry away sewage or stormwater runoff from the generating source to treatment plants or receiving streams.
- SHOPPING CENTER
- An assembly of retail stores designed and constructed as a unit and located on a lot of at least five acres.
- SIGHT TRIANGLE EASEMENTS
- A triangular area established in accordance with the requirements of this chapter in which no grading, planting or structure shall be erected or maintained more than 12 inches above the street center line or lower than 10 feet above their center line, including utility poles but excluding street signs, fire hydrants and light standards.
- Any device, fixture, placard or structure which uses color,
form, graphics, illumination, architectural style or design with text,
or writing to advertise, attract attention, announce the purpose of
or identify the purpose of any person or entity, or to communicate
information of any kind to the public. The term "sign" includes sign
structure. The following shall not be considered signs subject to
the regulations of this chapter: artwork, holiday or seasonal decorations,
cemetery markers, machinery or equipment signs, memorial signs or
tablets.[Amended 4-4-2011 by Ord. No. 08-2011]
- SIGN AREA
- The total area, as measured in square feet, of a sign surface,
including all parts thereof devoted to the background, computed by
bounding the exterior of the sign structure or surface with a series
of straight or curved lines tangent thereto. The area of a sign painted
directly on a wall or awning and signs with letters attached directly
to walls or awnings shall be calculated by constructing an imaginary
series of straight lines or lines formed, bounded or characterized
by curves around the outside of all elements of the sign.[Added 4-4-2011 by Ord. No. 08-2011]
- SIGN FACE
- The part of the sign that is or can be used to identify,
display, advertise, communicate information, or for the visual representation,
which attracts or intends to attract the attention of the public for
any purpose.[Added 4-4-2011 by Ord. No. 08-2011]
- SIGN HEIGHT
- The vertical distance measured from ground level nearest
the base of the sign to the highest point on the sign.[Added 4-4-2011 by Ord. No. 08-2011]
- SIGN MAINTENANCE
- Replacing, repairing or repainting a portion of a sign structure,
or periodically changing changeable copy or renewing copy, which has
been made unusable by ordinary wear.[Added 4-4-2011 by Ord. No. 08-2011]
- SIGN STRUCTURE
- Any structure which is designed specifically for the purpose
of supporting a sign, which has supports or which is capable of supporting
a sign. The definition shall include any decorative covers, braces,
wires, supports or other components attached to or placed around the
sign structure.[Added 4-4-2011 by Ord. No. 08-2011]
- SITE PLAN
- A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including but not
limited to topography, vegetation, drainage, floodplains, marshes
and waterways; the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting,
screening devices; and any other information that may be reasonably
required in order to make an informed determination pursuant to this
chapter and Article 6, N.J.S.A. 40:55D-37 et seq.[Amended 10-17-2016 by Ord. No. 12-2016]
- SITE PLAN COMMITTEE
- A committee of up to four Planning Board or three Zoning Board of Adjustment members, each appointed by the Chairman, with the approval of the respective Board, for the purpose of reviewing site plan applications prior to action by the Board to determine whether such applications comply with all ordinance provisions and with other requirements relating to site plans as indicated in this chapter.
- SITE PLAN COMMITTEE, MINOR
- The Readington Township Zoning Officer.
- 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.
- Degree of deviation of a surface from the horizontal, usually expressed in percent.
- SNIPE SIGN (BANDIT SIGN)
- Any sign tacked, nailed, posted, pasted, glued or otherwise
attached to trees, rocks or other natural features, or poles, stakes
or fences with the message appearing thereon not applicable to the
present use of the premises upon which the sign is located. This shall
not include warning signs such as "no trespassing" signs or "no hunting"
signs.[Added 4-4-2011 by Ord. No. 08-2011]
- All unconsolidated mineral and organic material of any origin.[Added 4-18-2007 by Ord. No. 11-2007]
- SOLAR ENERGY FACILITY
- A solar energy facility which is accessory to and provides
power to a permitted principal use on the lot and that cannot be classified
as a "building-mounted solar energy facility." This includes solar
parking canopies.[Added 10-1-2012 by Ord. No. 21-2012; amended 8-6-2018 by Ord. No. 11-2018]
- SOLAR ENERGY FACILITY, ACCESSORY
- A solar energy facility which is accessory to and provides
power to a permitted principal use on the lot and that cannot be classified
as an "integrated solar energy facility." This includes solar parking
canopies. Major site plan approval is required prior to the issuance
of a zoning permit or construction permit.[Added 10-1-2012 by Ord. No. 21-2012]
- SOLAR ENERGY FACILITY, GROUND-MOUNTED
- A solar energy facility mounted directly on the ground, whether
paved or unpaved. This shall not include solar parking canopies.[Added 10-1-2012 by Ord. No. 21-2012]
- SOLAR ENERGY FACILITY, BUILDING-MOUNTED
- A solar energy facility that is attached to a building.[Added 10-1-2012 by Ord. No. 21-2012; amended 8-6-2018 by Ord. No. 11-2018]
- SOLAR ENERGY FACILITY, STAND-ALONE
- A ground-mounted solar energy facility that is a principal
use on a site.[Added 10-1-2012 by Ord. No. 21-2012; amended 8-6-2018 by Ord. No. 11-2018]
- SOLAR PANEL
- An elevated panel or plate, or a canopy or array thereof,
that captures and converts solar radiation to produce power, and includes
flat-plate or photovoltaic photo cells and excludes the base or foundation
of the panel, plate or array.[Added 10-1-2012 by Ord. No. 21-2012]
- SOLAR PARKING CANOPY
- An accessory solar energy facility mounted above a surface
parking lot or the top level of a parking structure such that vehicles
may park and/or drive beneath.[Added 10-1-2012 by Ord. No. 21-2012; amended 8-6-2018 by Ord. No. 11-2018]
- SPECIAL EVENT SIGN
- A sign, regardless of its content, providing notice of or
direction to an event, gathering, assembly or meeting that is open
to the public at large.[Added 4-4-2011 by Ord. No. 08-2011]
- STATUTORY SIGN
- A sign required by any statute or regulation of the State
of New Jersey or the United States.[Added 4-4-2011 by Ord. No. 08-2011]
- STEALTH DESIGN
- With respect to a PWTF or PWTEF, the utilization of camouflage
or such other techniques as would emulate a structure which would
normally be found in the existing context of said structure, the incorporation
of a PWTF or PWTEF within an existing structure or siting or locating
it to take into account existing surrounding elements to help diminish
the visual or environmental impact of the PWTF or PWTEF upon the environs.[Added 10-2-2000 by Ord. No. 31-2000]
- STEEP SLOPES
- Slopes 15% or greater from the horizontal.
- Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.[Added 4-18-2007 by Ord. No. 11-2007]
- STORMWATER BEST MANAGEMENT PRACTICE FEATURE OR STRUCTURE
- A stormwater management measure that involves control of
stormwater runoff, encompassing any technique, structure, excavation,
embankment and related areas designed to detain or retain stormwater
runoff, including all practices and measures contained in the New
Jersey Stormwater Management Manual. A stormwater management feature
may either be normally dry (that is, a detention basin, vegetated
swale, dry wells or infiltration basin), retain water in a permanent
pool (a retention basin), basins planted mainly with wetland vegetation
(a constructed stormwater wetland), structures designed to temporarily
store parking lot and rooftop runoff, or any combination thereof.[Added 4-18-2007 by Ord. No. 11-2007]
- STORMWATER DETENTION
- Any storm drainage technique which retards or detains runoff, such as a detention or retention basin, parking lot storage, rooftop storage, dry wells or any combination thereof.
- STORMWATER MANAGEMENT ELEMENTS
- Include, but are not limited to, above-grade infiltration
facilities, below-grade infiltration facilities, detention basin,
detention facility, dry well, infiltration facility, retention basin,
wet basin, manufactured treatment devices (MTDs), bioretention systems
and sand filters.[Added 9-5-2006 by Ord. No. 30-2006]
- STORMWATER MANAGEMENT MEASURE
- Any structural or nonstructural strategy, practice, technology,
process, program, or other method intended to control or reduce stormwater
runoff and associated pollutants, or to induce or control the infiltration
or groundwater recharge of stormwater or to eliminate illicit or illegal
nonstormwater discharges into stormwater conveyances.[Added 4-18-2007 by Ord. No. 11-2007]
- That portion of a building included between the upper surface of any floor and the upper surface of the next floor above it or, if there is no floor above it, then the surface between the floor and the ceiling next above it. For the purpose of this chapter, the interior of the roof shall not be considered a ceiling, Moreover, cellars and basements shall be considered stories when considering the height of a building, unless said areas are used solely for ancillary storage. A half story is the area under a pitched roof at the top of a building, which has the line of intersection of roof and wall face not more than three feet above the top floor level and in which space the possible floor area with a head room of five feet or less occupies at least 40% of the total area of the story directly beneath.
- STREAM CHANNEL
- The bed and banks which confine and conduct continuously
or intermittently flowing water. This includes permanent or intermittent
watercourses shown on USGS quadrangle maps, the Hunterdon County Soil
Survey, the Readington Township Environmental Resources Inventory
and features that have not yet been mapped but that are identified
by the Township as a stream channel or portion thereof during the
review of an application for development. This definition excludes
those water bodies that are classified as off-line ponds.[Amended 11-4-2002 by Ord. No. 49-2002; 9-5-2006 by Ord. No. 32-2006]
- STREAM CORRIDOR
- A stream corridor shall include:[Amended 11-4-2002 by Ord. No. 49-2002; 9-5-2006 by Ord. No. 32-2006]
- A. The stream channel.
- B. The area within the one-hundred-year floodline, if delineated.
- C. The area extending outward from the stream channel in any direction as measured from either: a) the one-hundred-year floodline; or b) from the top of the stream bank (if the one-hundred-year floodline is not delineated), according to the following classifications:
- D. Areas abutting the outer boundary of the composite area of the stream corridor delineated pursuant to A through C above that have slopes of 15% or greater.
- STREAM CORRIDOR RESTORATION
- The replication or reconstruction of a stream corridor's
original features.[Added 11-4-2002 by Ord. No. 49-2002]
- 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 as provided by this chapter or which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and including 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 line.
- STREET ADDRESS SIGN
- Any sign denoting the street address of the premises on which
it is attached or located.[Added 4-4-2011 by Ord. No. 08-2011]
- STREET, COLLECTOR
- Provides both land access and traffic circulation service within residential, commercial and industrial areas. Their access function is more important than that of arterials. Unlike arterials, their operation is not always dominated by traffic signals.
- STREET LINE
- The edge of the existing or future street right-of-way, whichever may result in the widest right-of-way, as shown on the adopted Master Plan or Official Map, forming the dividing line between the street and a lot.
- STREET, LOCAL
- A minor street designed only as a local service street and which is not conducive to through traffic.
- STREET, MAJOR ARTERIAL
- A facility that connects and augments the principal arterial system. Its main function is traffic mobility. It performs this function at a somewhat lower level and places more emphasis on land access than on the principal arterial.
- STREET, PRINCIPAL ARTERIAL
- Serves major through movements between important centers of activities in a metropolitan area and a substantial portion of trips entering and leaving the area. Services to abutting land are subordinate to the function of moving through traffic.
- A combination of materials to form a construction for occupancy; use of ornamentation whether installed on, above or below the surface of a parcel of land.
- The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created: divisions of land found by the Planning Board or subdivision committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or more in size; divisions of property by testamentary or intestate provisions; divisions of property upon court order, including but not limited to judgments of foreclosure; consolidation of existing lots by deed or other recorded instrument; and the conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of are found and certified by the Administrative Officer to conform to all requirements of the Readington Township municipal development regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map or atlas of the Township of Readington. The term "subdivision" shall also include the term "resubdivision."
- SUBDIVISION COMMITTEE
- A committee of at least two Planning Board members, appointed by the Chairman of the Planning Board with the approval of the Board, for the purpose of reviewing subdivision applications prior to action by the Township to determine whether such applications comply with all ordinance provisions and with other requirements relating to subdivisions as indicated in this chapter.
- SUBSTANTIAL IMPROVEMENTS
- Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure as calculated either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or any alteration to structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
- SUBSTANTIALLY DAMAGED OR DESTROYED
- As it pertains to a nonconforming sign:[Added 4-4-2011 by Ord. No. 08-2011]
- A. Fifty percent or more of the upright supports of a sign structure are physically damaged such that normal repair practices of the sign industry would call for, in the case of wooden structures, replacement of the broken supports and, in the case of a metal sign structure, replacement of at least 25% of the length aboveground of each broken, bent or twisted support; or
- B. That more than 50% of a wall or attached sign is physically damaged such that normal repair practices of the sign industry would call for the same to be replaced or repaired.
- SUBSTANTIVE CERTIFICATION
- A determination by the Council approving a municipality's
housing element and fair share plan in accordance with the provisions
of the Act and the rules and criteria as set forthwith herein. A grant
of substantive certification shall be valid for a period of six years
in accordance with the terms and conditions contained therein.[Added 5-17-1993]
- SWIMMING POOL, PORTABLE
- A swimming pool that is not permanently installed and meets all of the following criteria: does not require water filtration, circulation and purification; does not exceed 24 inches in depth; does not exceed a water surface of 250 square feet; and does not require braces or supports. Portable swimming pools are not subject to this chapter.
- SWIMMING POOL, PRIVATE RESIDENTIAL
- A swimming pool, other than a portable swimming pool, that is located on a lot principally used for a dwelling unit by one housekeeping unit and including all buildings, structures and equipment appurtenant thereto.
- A business selling alcoholic beverages for consumption on the premises.
- TELECOMMUNICATIONS TOWER
- A freestanding structure on which one or more antennas are
located, including lattice towers, guyed towers, monopoles and similar
structures. For the purpose of the Land Development Ordinance, these
are considered principal structures.[Added 6-7-1999 by Ord. No. 11-99; amended 10-2-2000 by Ord. No. 31-2000]
- TEMPORARY CONSTRUCTION TRAILERS
- A trailer for construction purposes for the period of construction beginning with the issuance of a construction permit and concluding with the issuance of a Certificate of Occupancy or one year, whichever is greater, unless specifically extended by the Township, provided that said trailer(s) are on the site where construction is taking place and are set back at least 25 feet from all street and lot lines, with a buffer of evergreen trees and shrubs.
- TEMPORARY SIGN
- A sign intended for a use not permanent in nature. For the
purposes of this chapter, a sign with an intended use of one year
or less shall be deemed a temporary sign.[Amended 4-4-2011 by Ord. No. 08-2011]
- THREATENED AND ENDANGERED SPECIES
- Endangered species are those whose prospects for survival
in New Jersey are in immediate danger because of a loss or change
in habitat, overexploitation, predation, competition, disease, disturbance
or contamination. Assistance is needed to prevent future extinction
in New Jersey. Threatened species are those who may become endangered
if conditions surrounding them begin to or continue to deteriorate.
Habitats of endangered or threatened species are those identified
by the New Jersey Department of Environmental Protection's (NJDEP)
Landscape Protect as approved by the NJDEP's Endangered and Nongame
Species Program, or by the NJDEP pursuant to the Highlands Act at
N.J.S.A. 13:20-32k and 13:20-34a(4).[Added 4-18-2007 by Ord. No. 11-2007]
- TOPOGRAPHIC CHANGE/MODIFICATION
- A change, either through an increase or decrease, in the
elevation of the surface of the land.[Added 8-2-2010 by Ord. No. 22-2010]
- See "dwelling unit."
- 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 existing public street and still be considered one tract, provided that the street is not an arterial road 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.
- TRAFFIC CONTROL DEVICE SIGN
- Any sign located within the right-of-way that functions as
a traffic control device and that is described and identified in the
Manual on Uniform Traffic Control Devices (MUTCD) and approved by
the Federal Highway Administrator as the national standard. A traffic
control device sign includes those signs that are classified and defined
by their function as regulatory signs (that give notice of traffic
laws or regulations), warning signs (that give notice of a situation
that might not readily be apparent), and guide signs (that show route
designations, directions, distances, services, points of interest,
and other geographical, recreational or cultural information).[Added 4-4-2011 by Ord. No. 08-2011]
- TRAILER CAMP, COURT OR PARK
- An area designed for the temporary parking of wheeled vehicles used or designed to be used for residency and currently having a certificate of ownership issued by the State of New Jersey Department of Motor Vehicles.
- TRAILER, TRUCK OR OFFICE
- A commercial vehicle not fitted for habitation and designed for transportation of materials or products or for temporary office use on construction sites.
- TREATMENT TRAIN
- A sequence of structures or devices through which runoff
passes before exiting the project site. The combined characteristics
of the individual structures of devices shall satisfy the performance
requirements associated with the no-net-increase provisions of this
chapter.[Added 6-17-2002 by Ord. No. 15-2002; amended 10-7-2002 by Ord. No. 40-2002]
- TRUCKING/TRUCK TERMINAL
- A use that constitutes a transshipment point for the loading
and unloading of trucks, where goods are transferred between trucks,
between trucks and railroads, or between trucks and ports and where
storage of goods and material is incidental to the primary function
of motor freight shipment. This use shall also include facilities
for the storage, repair, dispatch and management of trucks and associated
elements (i.e., trailers), whether or not any warehousing of materials
takes place.[Added 5-7-2012 by Ord. No. 14-2012]
- UNCONSTRAINED TRACT AREA
- The area of the tract that does not contain floodplains, wetlands, 90% of the slopes between 15% and 25% and all slopes greater than 25%, easements (excluding site triangles) and right-of-way areas.
- USABLE LAND
- Land free of easements (except site triangles), rights-of-way,
floodplains, wetlands, wetland transition areas, stream corridors,
waterways and slopes greater than 15%.[Amended 10-21-2002 by Ord. No. 46-2002]
- Permission granted to an applicant for development by the Planning Board or the Zoning Board of Adjustment, as the case may be, to depart from the literal requirements of the zoning provisions of this chapter.
- VEGETATED SWALE
- A constructed open-channel drainageway.[Added 6-17-2002 by Ord. No. 15-2002; amended 10-7-2002 by Ord. No. 40-2002]
- VEHICLE SIGN
- Any sign or signs where the total sign area covers more than
10 square feet of the vehicle.[Added 4-4-2011 by Ord. No. 08-2011]
- VEHICLE, WORK
- Any vehicle of a type not intended primarily for private passenger service, whether licensed as a commercial vehicle or not, such as all types of trucks, earth moving equipment, tractors (except on a qualified farm), trailers (except those in use for family recreational purposes) and passenger vehicles bearing conspicuous business signs or labels.
- WALL SIGN
- A sign, which is painted on, fastened to or erected against
the wall of a building with its face in a parallel plane with the
plane of the building facade or wall, that does not extend above the
height of the vertical wall or eaves, which is used for advertising.[Added 4-4-2011 by Ord. No. 08-2011]
- Storage and distribution of manufactured products, supplies
and equipment, excluding bulk storage of materials that are inflammable,
toxic, hazardous or explosive or that present conditions commonly
recognized as offensive.[Added 5-7-2012 by Ord. No. 14-2012]
- WARNING SIGN or SAFETY SIGN
- A sign that functions to provide a warning of a dangerous
condition or situation that might not be readily apparent or that
poses a threat of serious injury (e.g., gas line, high voltage, condemned
building, etc.) or that functions to provide a warning of a violation
of law (e.g., no trespassing, no hunting allowed, etc.).[Added 4-4-2011 by Ord. No. 08-2011]
- WATER GARDENS ("rain gardens")
- A combination of grasses, shrubs, and trees that serve as
ground cover, a middle story, and a canopy in simulation of an adapted
local forest ecosystem.[Added 6-17-2002 by Ord. No. 15-2002; amended 10-7-2002 by Ord. No. 40-2002; 4-18-2007 by Ord. No. 11-2007]
- WATER QUALITY STORM
- A one-year frequency, twenty-four-hour storm, using the Type
III rainfall distribution recommended for New Jersey by the US Soil
Conservation Service or a storm of 1.25 inches of rainfall falling
uniformly in two hours.[Added 6-17-2002 by Ord. No. 15-2002; amended 10-7-2002 by Ord. No. 40-2002]
- WET BASIN
- A retention basin designed to retain some water on a permanent
basis. Another name for wet basin is "wet retention basin" or "retention
basin."[Added 6-17-2002 by Ord. No. 15-2002; amended 10-7-2002 by Ord. No. 40-2002]
- WETLANDS or WETLAND
- An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation."[Added 4-18-2007 by Ord. No. 11-2007]
- Sales and distribution of merchandise to other businesses
for resale that does not include direct retail sales to the public.[Added 5-7-2012 by Ord. No. 14-2012]
- WIND ENERGY FACILITY
- A wind generator and all associated equipment, including
any base, blade, foundation, nacelle, rotor, tower, transformer, vane,
wire, inverter, battery or other component necessary to fully utilize
the wind generator.[Added 10-1-2012 by Ord. No. 21-2012; amended 8-6-2018 by Ord. No. 11-2018]
- WIND GENERATOR
- Equipment that converts energy from the wind into electricity,
including the rotor, blades and associated mechanisms.[Added 10-1-2012 by Ord. No. 21-2012]
- WINDOW SIGN
- Any sign mounted in any fashion on the interior or exterior
of the surface of a window.[Added 4-4-2011 by Ord. No. 08-2011]
- WIND SIGN
- A sign which uses objects or material fastened in such a
manner as to move upon being subjected to pressure by wind, and shall
include banners, pennants, ribbons, spinners, streamers or captive
balloons; however, the term "wind sign" shall not include flags.[Added 4-4-2011 by Ord. No. 08-2011]
- WIRELESS COMMUNICATIONS
- Any personal wireless services as defined in the Federal
Telecommunications Act of 1996 (FTA), which includes 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 6-7-1999 by Ord. No. 11-99; amended 10-2-2000 by Ord. No. 31-2000]
- Areas, groves or stands of mature of largely mature trees, i.e., greater than six inches caliper as measured at a point four feet above grade covering an area greater than 1/4 acre; or groves of mature trees (greater than 12 inches caliper as measured at a point four feet above grade) consisting of more than 10 individual trees.
- YARD, FRONT
- An open space extending across the full width of the lot and lying between the street line and the closest point of any building on the lot. The depth of the front yard shall be measured from the required street right-of-way as per Chapter 124, Improvement Standards.
- YARD, REAR
- An open space extending across the full width of the lot and lying between the rear lot line and the closest point of the principal building on the lot. The depth of the rear yard shall be measured horizontally and at right angles to either a straight rear lot line or the tangent of a curved rear lot line.
- YARD, SIDE
- An open space extending from the front yard to the rear yard and lying between each side lot line and the closest point of the principal building on the lot. The width of the required side yard shall be measured horizontally and at right angles to either a straight line or the tangent lines of curved lot lines.
- ZONING BOARD OF ADJUSTMENT
- The Readington Township Zoning Board of Adjustment.
- ZONING OFFICER
- The individual responsible for enforcement and interpretation of the Zoning Ordinance provisions of the Township of Readington.
- ZONING PERMIT
- A document signed by the Zoning Officer which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure of building and which acknowledges that such use, structure or building complies with the provisions of the Municipal Zoning Ordinance or variance therefrom duly authorized by a municipal agency.
Editor's Note: The definition of "accessory apartment," added 6-2-1997 by Ord. No. 6-97, as amended, which immediately followed this definition, was repealed 11-5-2001 by Ord. No. 32-2001.
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
Editor's Note: Said checklists are included as an attachment to this chapter.
Editor's Note: N.J.S.A. 30:4-23 was repealed by L. 1987, c. 116, § 30.
Editor's Note: See N.J.S.A. 46:8B-1 et seq.
Editor's Note: See N.J.S.A. 30:5B-16 et seq. The former definition of "farm," which immediately followed this definition, was repealed 10-1-2012 by Ord. No. 21-2012.
Editor's Note: See N.J.S.A. 58:16A-50 et seq.
Editor's Note: The definition of "lot, flag," which immediately followed this definition and illustration, was repealed 9-5-2006 by Ord. No. 30-2006.
Editor's Note: This ordinance also repealed the former definition of "pervious surface," added 6-17-2002 by Ord. No. 15-2002, as amended, which immediately followed this definition.
Editor's Note: This ordinance also repealed the former definition of "stormwater runoff," added 6-17-2002 by Ord. No. 15-2002, as amended, which immediately followed this definition.
Editor's Note: The former definition of "wetland" was replaced 6-17-2002 by Ord. No. 15-2002. See now the definition of "freshwater wetlands."