Township of Clinton, NJ Part 2 Definitions

Article II Definition of Terms

§ 165-4 Definitions.

A. For the purpose of this chapter, certain terms are defined as follows:

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 5-14-2008 by Ord. No. 963-08]

(1) A sign displaying advertising for a product or service which is no longer available or displaying advertising for a business which is no longer licensed; or

(2) A sign which is blank.

ACCESSORY BUILDING

A subordinate building or structure on the same lot with a principal building, or a portion of the principal building, occupied or devoted exclusively to an accessory use. Where an accessory building or structure is attached to a principal building, such accessory building or structure shall be considered part of the principal building.

[Amended 6-28-2000 by Ord. No. 723-00]

ACCESSORY USE

A use naturally and normally incident and subordinate to the principal use of the premises or lot.

ACTIVITY

Any development for which an application for development is necessary.

[Added 4-10-2002 by Ord. No. 771-02; amended 4-9-2003 by Ord. No. 811-03]

ADMINISTRATIVE OFFICER

The Clerk of the Planning Board, unless otherwise stated or intended by the chapter.

ADULT BOOKSTORE

Any business having as a predominant part of its stock-in-trade books, magazines, photographs, pictures, films, devices, newspapers, recordings, periodicals or any other item or paraphernalia devoted to the presentation or exploitation of parts of the anatomy, human or animal, in an obscene manner or for obscene purposes.

ADULT MOTION-PICTURE STUDIO

The business of showing or presenting to one or more persons material depicting sexual acts or parts of the anatomy of humans or animals in an obscene manner or for obscene purposes.

ADVERTISING

Sign copy intended to aid, directly or indirectly, in the sale, use or promotion of a product, commodity, service, activity, entertainment, or real or personal property.

[Added 5-14-2008 by Ord. No. 963-08]

AGRICULTURAL LAND

Land used for growing crops, raising or breeding dairy, poultry or other livestock, truck gardening, wood lots, nursery or greenhouse or other agricultural or horticultural purposes. Agricultural land shall also include open or wooded areas, ponds, brooks, meadows, swamps and land used for hunting, trapping, wild game preserves and noncommercial recreational purposes.

AGRICULTURAL PRODUCE SIGN

A sign whose function is exclusively for advertising for the normal, incidental and customary sale of products, produce or livestock raised on the premises.

[Added 5-14-2008 by Ord. No. 963-08]

ALTERATION OF BUILDING

A change in the supporting members of a building, an addition to or diminution of a building, a conversion of a building or a part thereof, the removal of a building from one location to another or a change in use.

AMBULATORY CARE FACILITY

A human health care facility or a distinct part of a human health care facility in which preventative, diagnostic, and treatment services are provided to persons who come to the facility to receive services and depart from the facility on the same day, provided the facility is not a hospital and/or does not provide inpatient care.

[Added 4-27-2016 by Ord. No. 1084-16]

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 5-14-2008 by Ord. No. 963-08]

APARTMENT

A dwelling unit, located in a building containing two or more similar units and adjoining said similar units above, below or to the side, and which may share with said similar units common facilities, such as entryways, hallways and utility systems.

APARTMENT BUILDING

A building or group of buildings containing three or more apartments.

APPLICANT

A developer submitting an application for development.

APPLICATION FOR DEVELOPMENT

The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, residential cluster, conditional use or zoning variance.

APPROVING AUTHORITY

The Planning Board of the municipality, unless a different agency is designated by ordinance when acting pursuant to the authority of this chapter.

[Added 5-14-2008 by Ord. No. 963-08]

ARTWORK

A two- or three-dimensional representation of a creative idea that is expressed in a form and manner as to provide aesthetic enjoyment for the viewer rather than to specifically convey the name of the business or a commercial message about the products or services offered on the property upon which the artwork is displayed.

[Added 5-14-2008 by Ord. No. 963-08]

ASSISTED LIVING RESIDENCE

A facility that is licensed by the State of New Jersey pursuant to N.J.S.A. 26:2H-1 et seq. that provides apartment-style housing, congregate dining and assisted living services to residents when needed. Each apartment within the residence shall have, at a minimum, one unfurnished room, a private bathroom, a kitchenette, and a lockable door on the dwelling entrance. Apartments shall be single-, double- or triple-occupancy. Residents shall be adult persons unrelated to the proprietor.

[Added 12-8-1999 by Ord. No. 705-99; amended 4-27-2016 by Ord. No. 1084-16]

AWNING SIGN

See "canopy sign."

[Added 5-14-2008 by Ord. No. 963-08]

BANDIT SIGN

See "snipe sign."

[Added 5-14-2008 by Ord. No. 963-08]

BANK

The inclined sides of the channel.

[Added 4-10-2002 by Ord. No. 771-02; amended 4-9-2003 by Ord. No. 811-03]

BANNER

Any sign or string of one or more signs, usually made of cloth 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 5-14-2008 by Ord. No. 963-08]

BASEMENT

A portion of the building partly underground, but having less than 1/2 of its clear height below the average grade of the adjoining ground. (See "cellar.")

BEACON

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 5-14-2008 by Ord. No. 963-08]

BED

The floor of the channel.

[Added 4-10-2002 by Ord. No. 771-02; amended 4-9-2003 by Ord. No. 811-03]

BED-AND-BREAKFAST

A single dwelling structure licensed by the State of New Jersey occupied by the resident owner and family or occupied by a resident manager in which bedrooms are rented and a morning meal provided to transient and temporary lodgers on a daily basis for compensation.

[Added 7-18-2007 by Ord. No. 932-07]

BILLBOARD

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.

[Added 5-14-2008 by Ord. No. 963-08]

BLOCK

An area of land surrounded by streets.

BOARDER or ROOMER

A person not a member of a family, as defined in this chapter, who pays for the privilege of lodging.

BUFFER AREA OR ZONE

An unoccupied portion of land maintained as a landscaped area.

BUILDING

A structure having a roof supported by columns, walls or similar structural parts, used or intended to be used for the housing, enclosure or shelter of persons, animals or property of any kind.

BUILDING COVERAGE

That portion of a lot covered by the main or first floor of a building or buildings.

BUILDING FRONTAGE

For the purposes of the sign regulations set forth in § 165-109 of this Code only, means the length of the single face of a building or that portion of a building occupied by a single office, business or enterprise, commonly referred to as "storefront," which is abutting a street, parking area, or other means of customer access such as an arcade, a mall or a walkway. The building frontage for a side facade shall be the length of the single face of a side of a building or that portion of a side of a building occupied by a single office, business or enterprise.

[Added 5-14-2008 by Ord. No. 963-08]

BUILDING LINE

A line parallel to a street right-of-way at a point where the building is closest to said right-of-way.

CAFETERIA

A restaurant in which hot and cold food for consumption on site is displayed on counters and patrons serve themselves.

[Added 5-27-1993 by Ord. No. 516-93]

CALIPER

American Association of Nurserymen standard for trunk measurement of nursery stock. Caliper of the trunk shall be taken six inches above the ground for and up to and including four-inch caliper size, and 12 inches above the ground for larger sizes.

[Added 2-14-2001 by Ord. No. 740-01]

CANNABIS CULTIVATOR

Any person or entity holding a Class 1 Cannabis Cultivator license issued by the State of New Jersey that grows, cultivates, or produces cannabis in the State of New Jersey, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.

[Added 5-12-2021 by Ord. No. 1150-2021]

CANNABIS DELIVERY

The transportation of cannabis items and related supplies to a consumer. "Cannabis delivery" also includes the use by a licensed cannabis retailer of any third-party technology platform to receive, process, and fulfill orders by consumers, which third party shall not be required to be a licensed cannabis establishment, distributor, or delivery service, provided that any physical acts in connection with fulfilling the order and delivery shall be accomplished by a certified cannabis handler performing work for or on behalf of the licensed cannabis retailer, which includes a certified cannabis handler employed or otherwise working on behalf of a cannabis delivery service making off -premises deliveries of consumer purchases fulfilled by that cannabis retailer.

[Added 5-12-2021 by Ord. No. 1150-2021]

CANNABIS DELIVERY SERVICE

Any person or entity holding a Class 6 Cannabis Delivery license issued by the State of New Jersey that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which after presenting the purchase order to the cannabis retailer for fulfillment is delivered to that consumer.

[Added 5-12-2021 by Ord. No. 1150-2021]

CANNABIS DISTRIBUTOR

Any person or entity holding a Class 4 Cannabis Distributor license issued by the State of New Jersey that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports 40 cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment, and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities.

[Added 5-12-2021 by Ord. No. 1150-2021]

CANNABIS ESTABLISHMENT

A cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.

[Added 5-12-2021 by Ord. No. 1150-2021]

CANNABIS MANUFACTURER

Any person or entity holding a Class 2 Cannabis Manufacturer license issued by the State of New Jersey, that processes cannabis items in this state by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.

[Added 5-12-2021 by Ord. No. 1150-2021]

CANNABIS RETAILER

Any person or entity holding a Class 5 Cannabis license issued by the State of New Jersey that purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, and sells these to consumers from a retail store, and may use a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers. A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer.

[Added 5-12-2021 by Ord. No. 1150-2021]

CANNABIS WHOLESALER

Any person or entity holding a Class 3 Cannabis Wholesaler license issued by the State of New Jersey that purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers.

[Added 5-12-2021 by Ord. No. 1150-2021]

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 5-14-2008 by Ord. No. 963-08]

CAPITAL IMPROVEMENT

A governmental acquisition of real property or a major construction project.

CELLAR

A portion of the building partly underground, having 1/2 or more than 1/2 of its clear height below the average grade of the adjoining ground. (See "basement.")

CEMETERY

Property used for the interring of the dead.

CENTER LINE OF STREET OR ROAD

A line midway between and parallel to the two street or road property lines, unless otherwise established by filed map, deed or similar legal record.

CHANGE IN USE

The use of a building or land which is in any manner different from the previous use by way of function, operation, extent, products sold or manufactured and the like, including a change from one permitted use to another kind of permitted use in the same zone, as well as any change in activity which changes, alters or enlarges the previous use or which will change, alter, enlarge or affect drainage, traffic, parking, sidewalks, paving, landscaping, fencing, sanitary disposal or other similar considerations under the site plan review requirements.

CHILD-CARE CENTERS

Any facility which is maintained for the care, development, and supervision of six or more children who attend the facility for less than 12 hours a day and which offers such programs as child-care centers, day-care centers, drop-in centers, day nursery schools, play schools, cooperative child centers, centers for children with special needs, infant-toddler programs, employment-related centers, and/or kindergartens that are not an integral part of a private educational institution or system offering elementary education in grades kindergarten through sixth. A child-care center shall not offer programs operated by a public or private day school of elementary and/or high school grade, special activity programs for children, youth camps, and/or religious classes or centers. Child-care centers shall have a license from the Department of Human Services pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.).

[Added 5-27-1993 by Ord. No. 516-93]

CIRCULATION

Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transhipment points.

CLEARING

Any intentional or negligent act to cut down, remove all or a substantial part of, or damage a tree or other vegetation that will cause the tree or other vegetation to decline and/or die. Such acts shall include but not be limited to damage inflicted upon the root system of the vegetation by the application of toxic substances, by the operation of equipment and vehicles, by storage of materials, by the change of natural grade due to excavation or filling, or by the alteration of natural physical conditions.

[Added 2-14-2001 by Ord. No. 740-01]

CLUB

A facility where a group of persons who share a common association gather for the purpose of conducting activities related to such an association. A club may be a not-for-profit or for-profit entity. A private club is used exclusively by members and their guests. A public club may have members, but may also be used by persons who do not maintain membership or are not associated with members.

[Amended 4-27-2016 by Ord. No. 1084-16]

CLUSTERED BUILDING

One of a group of buildings positioned in the landscape to create outdoor courtyards (with open or closed corners) that minimize land coverage and create welcoming spaces in proportion to the human scale.

[Added 4-10-2002 by Ord. No. 772-02; amended 4-9-2003 by Ord. No. 812-03]

COLUMBARIUM

A permanent building or structure used for the storage of cinerary urns (urns containing cremated human remains), which are usually placed in niches.

[Added 8-20-2008 by Ord. No. 968-08]

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 5-14-2008 by Ord. No. 963-08]

COMMON FACILITIES

Includes but is not limited to facilities for the common use of two or more dwelling units, such as roads, sidewalks, swimming pools, playgrounds, trees, greens, fairways and parking areas.

COMMON OPEN SPACE

An open space area within or related to a site designated as a development, designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.[1]

CONDITIONAL USE

A use permitted in a particular zone district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Planning Board.

CONFERENCE CENTER

A facility or facilities intended for business, executive or professional conferences, conventions and seminars.

CONSTRUCTION SIGN

A temporary on-premise 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 5-14-2008 by Ord. No. 963-08]

CONVENTIONAL DEVELOPMENT

Development other than planned development.

COPY

The linguistic or graphic content of a sign.

[Added 5-14-2008 by Ord. No. 963-08]

CORNER LOT

A lot at the junction of, and having frontage on, two or more intersecting streets.

CRITICAL ROOT ZONE

A region measured outward from a tree trunk representing the essential area of the roots that must be maintained or protected for the tree's survival. At a minimum, the area shall be shown as a circular area around the tree trunk extending 1.5 feet of radial distance for every inch of tree DBH, with a minimum of eight feet. For trees over 24 inches DBH, a probe shall be used in the field to determine the extent of the root zone.

[Added 2-14-2001 by Ord. No. 740-01]

CUTOFF LIGHT FIXTURE

A light fixture with cutoff optics that allows no direct light emissions above a vertical cutoff angle of 80º above nadir (straight down at perfect vertical), through the light fixture's lowest light-emitting part when the mounting height is 16 feet or less. Any structural part of the light fixture providing this cutoff angle must be permanently affixed.

[Added 4-26-2000 by Ord. No. 718-00]

DBH (diameter at breast height)

Tree trunk diameter measured at a height of 4.5 feet above the ground. If a tree splits into multiple trunks below 4.5 feet, the trunk is measured at its most narrow point beneath the split.

[Added 2-14-2001 by Ord. No. 740-01]

DEAD-END STREET or CUL-DE-SAC

Any street or combination of streets having only one outlet or connection to a street having more than one outlet or means of access.

DENSITY

The permitted number of dwelling units per gross area of land to be developed.

[Added 7-23-1984 by Ord. No. 245-84]

DEPTH OF MEASUREMENT, MAXIMUM

A distance, as specified in this chapter, measured from and parallel to a street right-of-way, within which the required minimum lot size must be measured.

DEVELOPER

The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.

DEVELOPMENT

The division of a parcel of land into two or more parcels, or the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure and any use or change in the use of any building or other structure or land, or the extension of use of land, for which permission may be required pursuant to this chapter.

DEVELOPMENT REGULATION

A zoning, subdivision, site plan, Official Map or other regulation of the use and development of land, or amendment thereto, adopted and filed pursuant to P.L. 1975, c. 291, (N.J.S.A. 40:55D-1 et seq.)

DIRECT GLARE SOURCE

Any direct glare source visible above a height of five feet at the subject property line.

[Added 4-26-2000 by Ord. No. 718-00]

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).

[Added 5-14-2008 by Ord. No. 963-08]

DISH ANTENNA (SATELLITE EARTH STATION)

A dish-shaped antenna designed to receive television broadcasts relayed by microwave signals from earth-orbiting communications satellites.

[Added 2-24-1986 by Ord. No. 282-86]

DISTRIBUTION CENTER/FACILITY

Building or facility where goods or products are received and/or stored for delivery to another location for purchase or consumption.

[Added 10-28-2020 by Ord. No. 1142-2020]

DIVISION

The Division of State and Regional Planning in the Department of Community Affairs.

DOUBLE-FACED SIGN

A single sign with copy on both sides of the sign and mounted as a single structure.

[Added 5-14-2008 by Ord. No. 963-08]

DRAINAGE RIGHT-OF-WAY

The lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage, in accordance with Chapter 1 of Title 58 of the New Jersey Statutes Annotated,[2] and including lands intended as flood control basins.

DRIPLINE

A perpendicular line that extends downward from the outermost tips of the tree branches to the ground.

[Added 6-13-2007 by Ord. No. 923-07]

DWELLING or DWELLING UNIT

A room or series of connecting rooms designed for permanent residency and containing living, cooking, sleeping and sanitary facilities for one housekeeping unit. The dwelling unit shall be self-contained and shall not require passing through another dwelling unit or other indirect route(s) to get to any portion of the dwelling unit nor shall there be shared facilities with another housekeeping unit.

[Amended 9-28-2022 by Ord. No. 1175-2022]

DWELLING, MULTIFAMILY

A building containing three or more dwelling units.

DWELLING, ONE-FAMILY

A building physically detached from other buildings and containing one dwelling unit.

DWELLING, TWO-FAMILY

A building containing two dwelling units.

DWELLING, ZERO LOT LINE

A detached dwelling located on the side or rear lot line, or both.

[Added 10-22-1990 by Ord. No. 436-90]

EFFECTIVE LAND AREA

The area of the lot after first reducing the total area by portions of land subject to certain constraints as provided in the following schedule:

Constraint	Percentage of Area of Constraint by which Lot Area Is To Be Reduced
Bodies of water	100
Flood areas1	100
Wetlands2	100
Slopes 15% to 25%3	50
Slopes 25% to 35%3	75
Slopes 35% and greater3	100

¹DEP or other equally reliable source.

²Verification by the NJDEP.

³Calculated within two-foot contour intervals from aerial topography or survey by a New Jersey licensed land surveyor.

[Added 5-27-1993 by Ord. No. 516-93]

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 5-14-2008 by Ord. No. 963-08]

ELECTRIC VEHICLE (EV) CHARGING STATION (SUPPLY EQUIPMENT)

Equipment that connects and provides a source of electricity to recharge electric vehicles, neighborhood electric vehicles and plug-in hybrid vehicles.

[Added 10-28-2020 by Ord. No. 1142-2020]

ENVIRONMENTAL IMPACT STATEMENT (EIS)

A written report, including appropriate maps and exhibits, describing a proposed development and assessing the environmental and ecological impacts of the development in order to alert the Township and the developer to potential risks and dangers.

ERECT

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 an incident to the change of advertising message or customary maintenance or repair of a sign.

[Added 5-14-2008 by Ord. No. 963-08]

FACADE

The side of a building that faces a public or private street.

[Added 5-14-2008 by Ord. No. 963-08]

FAMILY

A person or number of persons occupying a dwelling unit as a single housekeeping unit, who are living together as a stable and permanent living unit, being a traditional family unit or the functional equivalency thereof.

[Amended 7-26-1995 by Ord. No. 588-95]

FAMILY DAY-CARE HOME

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

(1) The child being cared for is legally related to the provider; or

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

[Added 5-27-1993 by Ord. No. 516-93]

FARM

A parcel of land comprised of five or more acres, exclusive of a minimum of one acre used for a dwelling, having a gross income exceeding $500 per year acquired from the produce thereon. Said five or more acres shall be devoted to either the production for sale or consumption by the owner of plants and animals generally accepted as useful to man, including but not limited to forages and crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, horses, ponies, mules, dairy cattle or goats and including the breeding and grazing of any or all such animals; bees and apiary products; furbearing animals; and trees and forest products, including the processing and sale of these products on the property where produced. Land shall be deemed a "farm" when devoted to the production for sale of fruits of all kinds, including grapes; nuts and berries; vegetables; and nursery, floral, ornamental and greenhouse products, including the processing and sale of these products on the property where produced.

FENCE

An artificially constructed barrier of wood, masonry, wire, metal or any other combination of materials to enclose, screen, or separate areas. A berm, or earthen berm, shall not be considered a fence under this definition.

[Added 11-25-2008 by Ord. No. 973-08]

FINAL APPROVAL

The official action of the Planning 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 map or maps of a subdivision application for which final approval is sought pursuant to this chapter.

FLAG

Any fabric or bunting containing distinct colors, patterns or symbols, used as an ornamental flag or as a symbol of government, political subdivision, corporation or business or other entity. (See also "ornamental flag.")

[Added 5-14-2008 by Ord. No. 963-08]

FLAGPOLE

A pole on which to raise a flag.

[Added 5-14-2008 by Ord. No. 963-08]

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 an LED (light emitting diode) or digital sign, and changes more frequently than once per minute.

[Added 5-14-2008 by Ord. No. 963-08]

FLOOR AREA

The area of a floor computed by measuring the dimensions of the outside walls in a building or dwelling unit, excluding attic, basement, and cellar floors, porches, patios, terraces, breezeways, carports, verandas, garages, atria, galleries, indoor mechanical installations, interior parking and loading spaces, and guard houses, provided that such excluded areas are not utilized for work or storage space in nonresidential buildings.

[Amended 5-27-1993 by Ord. No. 516-93]

FLOOR AREA RATIO

The sum of the area of all floors of buildings or structures compared to the total area of the site.

[Added 7-23-1984 by Ord. No. 245-84]

FOOTCANDLE (fc)

A unit of illuminance on a surface one-foot square in area onto which there is a uniform flux of one lumen.

[Added 4-26-2000 by Ord. No. 718-00]

FOOTLAMBERT (fL)

A unit of luminance of a surface reflecting or emitting light at the rate of one lumen per square foot. The average luminance of any reflecting surface in footlamberts is the product of the illuminance in footcandles striking the surface times the reflectance of the surface.

[Added 4-26-2000 by Ord. No. 718-00]

FOREST

A naturally growing or managed (for timber production) area of a minimum of 1/8 acre in size that has at least 100 trees per acre with at least 50% of those trees having a two-inch or greater diameter at 4.5 feet above ground.

[Added 2-14-2001 by Ord. No. 740-01; amended 6-13-2007 by Ord. No. 923-07]

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 5-14-2008 by Ord. No. 963-08]

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 5-14-2008 by Ord. No. 963-08]

FRONTAGE

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.

[Added 5-14-2008 by Ord. No. 963-08]

FUTURE DEVELOPMENT SIGN

A sign that functions to advertise the future or proposed development of the premises upon which the sign is erected.

[Added 5-14-2008 by Ord. No. 963-08]

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, back yard sale, home sale, attic sale, rummage sale, patio sale, flea market sale, or any similar designation.

[Added 5-14-2008 by Ord. No. 963-08]

GARAGE, PRIVATE

A detached accessory building or portion of the main building used for the storage of motor vehicles.

GARAGE, PUBLIC

Any building, premises or land in which or upon which a business, service or industry involving the maintenance, washing or servicing and storage in connection therewith of motor vehicles is conducted or rendered, but not including motor vehicle service stations, as defined herein.

GENERAL TERMS AND CONDITIONS

The conditions under which preliminary approval is granted, including plat and plan details in Article VIII, on-tract improvements in Article IX, off-tract improvements in Article X and design standards in Article XI.

GLARE

The sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort or loss in visual performance and visibility.

[Added 4-26-2000 by Ord. No. 718-00]

GOLDEN RECTANGLE

A rectangle with the classic ratio of 1:2 that is based upon human proportions and has been used as a regulating shape to create well proportioned architecture. In its wide or tall form, it is used at both small and large scales to identify desirable proportions for window panes, windows and building facades.

[Added 4-10-2002 by Ord. No. 772-02; amended 4-9-2003 by Ord. No. 812-03]

GOVERNING BODY

The Township Council of the Township of Clinton.

GREENHOUSE, COMMERCIAL

A building in which plants, flowers and similar materials are grown for sale.

GROSS RESIDENTIAL DENSITY

The number of dwelling units per acre of total lot area.

HABITABLE ROOM

A room or enclosed floor space arranged for living, sleeping and eating purposes.

HEDGEROW

A landscape feature typically found along property boundaries in rural areas. Hedgerows are characterized by a mix of native vegetation and successional plant material arranged in a linear fashion.

[Added 2-14-2001 by Ord. No. 740-01]

HEIGHT OF BUILDING

The vertical distance measured from the average ground elevation of the finished grade around the building to the level of the highest point of the roof surface. Average elevation shall be the average of the highest and lowest elevations along the finished grade around the building.

[Amended 6-14-2006 and 9-13-2006 by Ord. No. 908-06; 4-27-2016 by Ord. No. 1084-16]

HISTORICAL TREE

A tree which has been found by a professional forester, horticulturalist or other professional plantsman to be of notable historic interest to the Township because of its age, type, size or historic association and has been so designated and the designation has been officially made and promulgated as part of the official records of the Township, county or state.

[Added 6-13-2007 by Ord. No. 923-07]

HOLIDAY AND SEASONAL DECORATIONS

Decorations that pertain to legal or other recognized holidays or to a season of the year.

[Added 5-14-2008 by Ord. No. 963-08]

HOSPITAL

A facility that is licensed by the State of New Jersey pursuant to N.J.S.A. 26:2H-1 et seq. that provides human health care services, such as medical care or surgery, and including inpatient care. Hospitals may include related facilities, such as laboratories, outpatient facilities, dietary facilities, training facilities, and offices. Hospitals are not permitted uses in the Township.

[Added 4-27-2016 by Ord. No. 1084-16]

HOTEL

A building containing hotel units, each having its only access from an interior corridor, which building has a public lobby and full-time management serving the guests, and which may contain ancillary services and facilities, such as restaurants, shops and boutiques, recreation facilities, meeting rooms and conference and convention facilities which shall be accessible from the interior of the building.

HOTEL UNIT

A room or suite of rooms in a hotel designed and intended to be used as overnight sleeping accommodations for transient guests.

IESNA

Illuminating Engineering Society of North America. An organization that recommends standards for the lighting industry.

[Added 4-26-2000 by Ord. No. 718-00]

ILLEGAL SIGN

Any sign which was unlawfully erected or which has been determined to be in violation of any provision of § 165-109 of the Clinton Township Land Use Regulations.

[Added 5-14-2008 by Ord. No. 963-08]

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 5-14-2008 by Ord. No. 963-08]

IMPERVIOUS SURFACES

Buildings, structures, pavement and other materials which reduce the natural absorption of stormwater into previously undeveloped land by more than 15%.

INCIDENTAL SIGN

A sign not exceeding one square foot in size attached to a freestanding sign or affixed to a wall that either:

[Added 5-14-2008 by Ord. No. 963-08]

(1) Identifies credit cards accepted by the owner, tenant, or occupant of the parcel where the incidental sign is located; or

(2) Provides an official notice of services required by law or trade affiliation.

INTERESTED PARTY

In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and in 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 Township, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or whose rights to use, acquire or enjoy property under this chapter or under any other law of the State of New Jersey or of the United States have been denied, violated or infringed upon by an action or a failure to act under 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 an LED (light emitting diode) or digital sign, and which varies in intensity or color more frequently than once every 12 hours.

[Added 5-14-2008 by Ord. No. 963-08]

INVASIVE PLANT MATERIAL

A plant that has the ability to thrive and spread outside its natural range, often displacing native vegetation and disrupting habitats over time.

[Added 6-13-2007 by Ord. No. 923-07]

LAND DISTURBANCE

Any activity involving the clearing, grading, transporting, filling or excavation of land which causes land to be exposed to the danger of erosion, except for normal farming practices executed for the purposes of farming.

[Added 6-13-2007 by Ord. No. 923-07]

LANDSCAPE ISLAND

An area surrounded by asphalt or other hard surface in an area intended for vehicular movement that consists of plants and/or other landscape design elements.[3]

[Added 6-13-2007 by Ord. No. 923-07]

LIGHT TRESPASS

Any form of artificial illuminance emanating from a light fixture or illuminated sign that penetrates other property and creates a nuisance, as specified in § 165-74C.

[Added 4-26-2000 by Ord. No. 718-00]

LOADING SPACE

An off-street accommodation for the parking of a commercial vehicle during the process of transferring articles, materials, goods or merchandise between the vehicle and a building.

LOT

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

LOT AREA

The total square footage included within lot lines.

LOT AVERAGING

A residential development option that allows a range of minimum lot areas, provided that the maximum density for the parcel is not exceeded.

[Added 5-27-1993 by Ord. No. 516-93]

LOT DEPTH

The distance between the front and rear property lines of a lot measured perpendicular to the lot width.

LOT LINE

A line of record bounding a lot which divides one lot from another or from a public or private street.

[Added 11-24-1986 by Ord. No. 312-86]

LOT LINE, FRONT

The lot line separating a lot from a street right-of-way and common with the right-of-way line.

[Added 11-24-1986 by Ord. No. 312-86]

LOT LINE, REAR

The lot line lying opposite or generally opposite and parallel to the front lot line and connecting the side lot lines, or, if there is no rear line, such as in the case of a triangular or otherwise irregularly shaped lot, a line 10 feet in length, entirely within the lot, parallel to and at a maximum distance from the front lot line.[4]

[Added 11-24-1986 by Ord No. 312-86]

LOT LINE, SIDE

Any lot line other than a front or rear lot line.

[Added 11-24-1986 by Ord. No. 312-86]

LOT WIDTH

The distance between the side lines of a lot measured parallel to the street right-of-way.

LOW INCOME

Total gross household income equal to 50% or less of the median household income for households of the same size and using the median income data for household size prepared by the United States Department of Housing and Urban Development (HUD) or equally reliable source for the region which includes Clinton Township.

[Added 12-14-1987 by Ord. No. 352-87]

MAINTENANCE GUARANTY

Any security, other than cash, which may be accepted by the Township for the maintenance of any improvements required by this chapter.

MAJOR SUBDIVISION

Any subdivision not classified as a minor subdivision.

MARGINAL ACCESS STREETS

Streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.

MASSAGE PARLOR

A business which provides the services of massage and body manipulations, including exercise, heat and light treatments of the body and all forms and methods of physical therapy, unless operated by a medical practitioner or professional physical therapist licensed by the State of New Jersey. Excluded from this definition, however, are barber or beauty shops, wherein a massage may be given to the scalp, face, neck or shoulders.

MASTER PLAN

A composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).

MAUSOLEUM

A permanent structure or building used for the entombment of human remains in crypts, vaults or niches. This includes a columbarium.

[Amended 8-20-2008 by Ord. No. 968-08]

MAUSOLEUM, FAMILY

A mausoleum or columbarium having less than 10 crypts or niches.

[Amended 8-20-2008 by Ord. No. 968-08]

MEDICAL OFFICE

One or more rooms or groups of rooms, each used primarily for conducting the business of a licensed health care professional(s) who is engaged in private practice that is not an ambulatory care facility or hospital.

[Added 4-27-2016 by Ord. No. 1084-16]

MINOR SITE PLAN

A conventional site plan not involving any new building, any addition to an existing building or any physical on-site improvements.

MINOR SUBDIVISION

The division of a tract of land into not more than two separate lots or parcels, including any remaining area, wherein both lots or parcels front on an existing street as defined in this chapter, which street is improved sufficiently to meet all requirements of Article 5 of P.L. 1975, c. 291, so that a building permit can be issued to construct a building on each lot, such division not involving a planned development, any new street or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.[5]

MODERATE INCOME

Total gross household income between 50% and 80% of the median household income for households of the same size using the median income data for household size prepared by the United States Department of Housing and Urban Development (HUD) or equally reliable source for the region which includes Clinton Township.

[Added 12-14-1987 by Ord. No. 352-87]

MOTEL

A building or a group of buildings containing motel units, each unit having direct access to the outside of the building, which may, but need not, have access to an interior hallway or lobby, said building or buildings having full-time management and which may contain restaurants and recreation facilities primarily intended to serve transient guests of the motel.

MOTEL UNIT

A room or suite of rooms in a motel, designed and intended to be used as overnight sleeping accommodations for transient guests.

MOTOR VEHICLE FILLING STATION

A building or premises used for the sale of petroleum products and convenience goods.

[Added 5-27-1993 by Ord. No. 516-93]

MOTOR VEHICLE SERVICE STATION

A building or premises in which or upon which is conducted a business involving the retail sale and direct delivery to motor vehicles of gasoline and lubricating oil, regardless of any other business on the premises, which business may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, but not including facilities for body repair work or painting.

MULCH, PLANT BEDS

A covering of shredded hardwood, bark and/or other acceptable protective ground covering generated from renewable resources, spread over the soil to prevent excessive evaporation, erosion and/or weed germination. Dyed mulch is prohibited within the landscape. Aggregate type soil coverings need to be approved by the Municipal Landscape Architect.

[Added 6-13-2007 by Ord. No. 923-07]

MULCH, SEED STABILIZATION

Plant residue or other suitable materials applied to the soil surface to conserve moisture, prevent erosion and aid in seed germination. Examples of such material include, but are not limited to, straw, hydro-mulch and mulch seed accelerators.

[Added 6-13-2007 by Ord. No. 923-07]

MUNICIPAL AGENCY

The Planning Board, the Board of Adjustment or the Township Council of the Township of Clinton.

MUSEUM

Premises used for the exhibition of objects of cultural, historical or scientific interest, and which may include the collection or preservation of such objects, for the recreation or cultural education of the public.

[Added 10-28-2020 by Ord. No. 1142-2020]

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 5-14-2008 by Ord. No. 963-08]

NATIVE PLANT MATERIAL

A plant occurring naturally in an area and not introduced by man; indigenous.

[Added 6-13-2007 by Ord. No. 923-07]

NONCOMMERCIAL MESSAGE

Any message that is not a commercial message.

[Added 5-14-2008 by Ord. No. 963-08]

NONCONFORMING BUILDING

A structure, the size, dimension or location of which was lawful prior to adoption of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption.

NONCONFORMING LOT

A lot of record existing at the date of the passage of this chapter, which does not conform to the regulations of this chapter for the zone in which it is located.

NONCONFORMING SIGN

A sign that was lawfully erected but no longer conforms to the regulations provided in § 165-109 of the Clinton Township Land Use Regulations.

[Added 5-14-2008 by Ord. No. 963-08]

NONCONFORMING USE

A use or activity lawfully existing as of the effective date of this chapter, but which fails to conform to the requirements of the zoning district in which it is located.

NURSING HOME

A facility that is licensed by the State of New Jersey pursuant to N.J.S.A. 26:2H-1 et seq. for those in need of intensive and on-going medical and nursing assistance. A nursing home provides twenty-four-hour-per-day skilled nursing, personal care, pharmacy, dining, activities, housekeeping, recreation, social work and transportation services to its residents.

[Amended 4-27-2016 by Ord. No. 1084-16]

OBSCENE

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.

OFFICE

One or more rooms or groups of rooms, each used primarily for conducting the affairs of a business, profession, service, industry or government, but not including manufacturing, assembly or productions of goods on the premises, banks or the sale of goods or products from the premises, except for accessory sales and banking services intended primarily as a convenience to office personnel and office visitors.

OFFICIAL MAP

A map adopted by ordinance of the governing body pursuant to Article 5 of P.L. 1975, c. 291,[6] showing the location and width of streets and drainage rights-of-way and the location and extent of public parks and playgrounds, whether existing or proposed.

OFF-PREMISES SIGN or OFF-SITE SIGN

Any sign relating in its subject matter to commodities, accommodations, services or activities on a premises other than the premises on which the sign is located.

[Added 5-14-2008 by Ord. No. 963-08]

OFF-TRACT IMPROVEMENT

An improvement which is not located on the property which is the subject of an application for development nor on a contiguous portion of a street or right-of-way, and includes any of the following:

(1) All improvements of the types required for on-tract installation where the need for the providing of such improvements off-tract is, in whole or in part, made necessary by the proposed application of the applicant and where the making of such improvements will confer a benefit upon the applicant's lands which are the subject of the application.

(2) Any improvement or facility, the installation of which is required in the public interest, and the public need for which would not arise but for the improvement of the lands which are the subject of the applicant's application, and the installation of which would confer a benefit upon the applicant's lands which are the subject of application. In addition to improvements of this type referred to above, improvements required to maintain a safe flow of vehicular and pedestrian traffic are specifically declared to be necessary in the public interest.

(3) Installation of new improvements and extensions and modifications of existing improvements.

ONE-HUNDRED-YEAR FLOOD LINE

The line which is formed by following the outside boundaries of the area inundated by a one-hundred-year flood. A one-hundred-year flood is estimated to have one-percent chance or one chance in 100 of being equaled or exceeded in any one year. The one-hundred-year flood line shall be determined by reference to N.J.A.C 7:13-2.3 and 7:13-2.4.

[Added 4-10-2002 by Ord. No. 771-02; amended 4-9-2003 by Ord. No. 811-03]

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 5-14-2008 by Ord. No. 963-08]

ON-SITE

Located on the lot in question.

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. "Open space" shall include the term "common open space" as herein defined. For the purpose of determining the limits of open space area, it shall include any area exclusive of buildings, paved surfaces, public rights-of-way and areas serving individual dwelling units or intended for the use of occupants of individual dwelling units, but inclusive of clubhouses, tennis courts, swimming pools and similar recreation facilities, along with accessory parking facilities.

[Amended 5-27-1993 by Ord. No. 516-93]

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 5-14-2008 by Ord. No. 963-08]

ORNAMENTAL TREE

A tree grown for its ornamental qualities.

[Added 6-13-2007 by Ord. No. 923-07]

OUTDOOR ENCLOSED LIGHT FIXTURE

An electrically powered illuminating device which is either temporarily or permanently installed outdoors, including but not limited to devices used to illuminate any site, architectural structure or sign. The face of lamp must be recessed within the enclosure, and any glass/plastic protective or diffusing device cannot extend beyond that enclosure.

[Added 4-26-2000 by Ord. No. 718-00]

OWNER

Any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided or developed to commence and maintain proceedings to subdivide or develop the same under this chapter.

PARAPET

A false front or wall extension above the roofline of a building.

[Added 5-14-2008 by Ord. No. 963-08]

PARKING AREA

An open area, other than a street or other public way, used for the parking of motor vehicles and available for public use, whether for a fee or as a service or privilege for clients, customers, suppliers or residents.

PARKING SPACE

An accommodation for the off-street parking of a motor vehicle, having an area, exclusive of access drives and aisles, as specified in this chapter and having adequate provision for ingress and egress.

PENNANT

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 5-14-2008 by Ord. No. 963-08]

PERFORMANCE GUARANTY

A security which may be accepted in lieu of a requirement that certain improvements be made before the Planning Board or other municipal agency approves a subdivision plat or site plan.

PERMANENT SIGN

Any sign which, when installed, is intended for permanent use. For the purposes of this section any sign with an intended use in excess of 12 months from the date of installation shall be deemed a permanent sign.

[Added 5-14-2008 by Ord. No. 963-08]

PHYSIOGRAPHIC PROVINCE

A landform region delineated according to similar terrain that has been shaped by a common geologic history.

[Added 6-13-2007 by Ord. No. 923-07]

PLANNED DEVELOPMENT

Planned unit development, planned unit residential development, residential cluster, planned commercial development, or planned industrial development.

[Amended 10-10-1991 by Ord. No. 464-91]

PLANNED NONRESIDENTIAL DEVELOPMENT

An area with a minimum contiguous acreage of 50 acres or more to be developed according to a plan as a single entity, containing one or more structures with appurtenant common areas to accommodate nonresidential uses as may be permitted by the zoning regulations.

PLANNED UNIT DEVELOPMENT (PUD)

An area with a minimum contiguous acreage of 50 acres or more to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as may be specified in the zoning regulations.

PLANNED UNIT RESIDENTIAL DEVELOPMENT

An area with a minimum contiguous acreage of 25 acres or more in the AH-1, AH-2, or AH-3 Districts to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate commercial, public, or quasi-public uses all primarily for the benefit of the residential development.

[Added 10-10-1991 by Ord. No. 464-91]

PLAT

The map or maps of a subdivision.

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 5-14-2008 by Ord. No. 963-08]

PRELIMINARY APPROVAL

The conferral of certain rights pursuant to § 165-46D prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.

PRELIMINARY FLOOR PLANS AND ELEVATIONS

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

PRELIMINARY PLAT OR SITE PLAN

The preliminary map indicating the proposed layout of a subdivision or site plan, which is submitted to the Clerk of the Planning Board for consideration and preliminary approval.

PRINCIPAL USE

The primary or predominant use of the premises.

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 5-14-2008 by Ord. No. 963-08]

PUBLIC VIEW

Visible from a public thoroughfare, public lands or buildings or navigable waterways.

[Added 8-12-1998 by Ord. No. 665-98]

QUORUM

The majority of the full authorized membership of a municipal agency.

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 5-14-2008 by Ord. No. 963-08]

REFORESTATION

The reestablishment of a biological community dominated by trees and other woody plants containing at least 100 trees per acre with at least 50% of those trees having a two-inch or greater diameter at 4.5 feet above the ground, within seven years.

[Added 2-14-2001 by Ord. No. 740-01]

RESIDENTIAL CAMPS AND CONFERENCE CENTER

Facilities consisting of tents, cabins, and other shelters used as temporary living quarters, and ancillary structures, primarily designed for recreation, education or vacation purposes for children or adults or both.

[Added 5-27-1993 by Ord. No. 516-93]

RESIDENTIAL CLUSTER

An area to be developed as a single entity according to a plan, containing residential housing units which have a common or public open space area as an appurtenance.

RESIDENTIAL HEALTH CARE FACILITY

A facility that is licensed by the State of New Jersey pursuant to N.J.S.A. 26:2H-1 et seq. that provides health maintenance and monitoring under the direction of a professional nurse, and also provides residents with a home-like atmosphere in a supervised communal housing arrangement that encourages independence for as long as possible.

[Added 4-27-2016 by Ord. No. 1084-16]

RESTAURANT, FAST-FOOD

A business in which food and drink is served inside the building to patrons from counters for consumption either inside or outside the building, but not including facilities for serving food and drink to patrons in automobiles except as drive-through facilities.

RESUBDIVISION

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 any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument which is exempt from subdivision.

REVOLVING SIGN or ROTATING SIGN

Any sign that revolves or rotates.

[Added 5-14-2008 by Ord. No. 963-08]

RIDING ACADEMY OR STABLE

Any establishment where horses are kept for riding, driving or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment.

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 5-14-2008 by Ord. No. 963-08]

SAFETY SIGN

See "warning sign."

[Added 5-14-2008 by Ord. No. 963-08]

SANDWICH BOARD SIGN

A temporary portable double-faced, freestanding sign.

[Added 5-14-2008 by Ord. No. 963-08]

SEARCH AREA

That geographic area (which may or may not extend beyond municipal boundary lines) within which additional wireless telecommunications facilities are required to provide reliable and adequate coverage consistent with the licensing requirements of the Federal Communications Commission (FCC).

[Added 8-12-1998 by Ord. No. 665-98]

SECONDARY BUILDING FACADE

A building facade which is not the primary entrance facade and is not the building facade which faces the street.

[Added 4-10-2002 by Ord. No. 772-02; amended 4-9-2003 by Ord. No. 812-03]

SEEDLING

An unbranched woody plant, less than 24 inches in height and having a diameter of less than one-half-inch caliper measured at two inches above the root collar.

[Added 2-14-2001 by Ord. No. 740-01]

SELF-SERVICE STORAGE FACILITY

A structure containing separate, individual, or private storage spaces of varying sizes leased or rented on individual leases for varying periods of time. Such a use and/or facility is not permitted in any zoning district in Clinton Township.

[Added 9-12-2007 by Ord. No. 935-07]

SENIOR CITIZEN HOUSING

A building or buildings containing one or more dwelling units restricted by deed or other instrument to occupancy of each dwelling unit by a person or persons in any one of the following categories: up to two individuals, both of whom are 62 years of age or older; or a man and a wife, either one of whom is 62 years of age or older.

[Added 12-14-1987 by Ord. No. 352-87]

SETBACKS

The required yard or distance between buildings and property lines.

SEWAGE TREATMENT PLANT

A facility designed to process and treat sewage from existing or proposed development.

[Added 3-25-1993 by Ord. No. 509-93]

SEXUALLY ORIENTED ENTERTAINMENT BUSINESS

An adult bookstore, motion-picture studio or massage parlor or any other business or establishment dealing predominantly with obscene acts or materials.

SHOP, RENTAL

A building or part thereof in which or from which a service is rendered directly to the public.

SIDEWALK SALE

Occasional, temporary display of retail merchandise or services offered for sale on the exterior of, but on the same property as, a permanent building which houses such sales or services. Sidewalk sales may include a temporary structure, such as a canopy or tent.

[Added 4-13-2011 by Ord. No. 1023-11]

SIGHT TRIANGLE

A triangular-shaped portion of land established at street intersections or street and driveway intersections in which nothing is erected or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. In the absence of any other applicable standard:

[Added 5-14-2008 by Ord. No. 963-08]

(1) For street intersections, this triangle is created by establishing points 30 feet from the point of intersection of each of two intersecting right-of-way lines and connecting these two points with a straight line to form a triangle; and

(2) For driveway intersections, this triangle is created by establishing points 10 feet from the point of intersection of a right-of-way line and the line established by driveway edge and connecting those two points with a straight line to form a triangle.

SIGN

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.

[Added 5-14-2008 by Ord. No. 963-08]

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 5-14-2008 by Ord. No. 963-08]

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 5-14-2008 by Ord. No. 963-08]

SIGN HEIGHT

The vertical distance measured from ground level nearest the base of the sign to the highest point on the sign.

[Added 5-14-2008 by Ord. No. 963-08]

SIGN MAINTENANCE

Replacing, repairing or repainting of a portion of a sign structure, or periodically changing changeable copy or renewing copy, which has been made unusable by ordinary wear.

[Added 5-14-2008 by Ord. No. 963-08]

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 5-14-2008 by Ord. No. 963-08]

SINGLE OWNERSHIP

Ownership by one person or by two or more persons jointly, as joint tenants, tenants by the entirety or tenants in common, of a separate parcel of real property not adjacent to land in the same ownership.

SITE PLAN

A development plan of one or more lots on which is shown:

(1) The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways.

(2) The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices.

(3) Any other information that may be reasonably required in order to make an informed determination pursuant to this chapter.

SKY GLOW

Luminance in the atmosphere caused by dust, water vapor, and other particles that reflect and scatter any stray lighting that is reflected or emitted into the atmosphere.

[Added 4-26-2000 by Ord. No. 718-00]

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 5-14-2008 by Ord. No. 963-08]

SOLAR ENERGY SYSTEM

An energy system which converts solar energy to usable thermal, mechanical, chemical or electrical energy through the use of a solar panel or solar panel array and associated equipment.

[Added 7-8-2009 by Ord. No. 986-09]

SOLAR PANEL

A photovoltaic panel, or hot air or water panel collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.

[Added 7-8-2009 by Ord. No. 986-09]

SOLAR PANEL ARRAY

A collection of multiple solar panels mounted or arranged together, providing energy to the same primary user, as part of a solar energy system.

[Added 7-8-2009 by Ord. No. 986-09]

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 5-14-2008 by Ord. No. 963-08]

STATUTORY SIGN

A sign required by any statute or regulation of the State of New Jersey or the United States.

[Added 5-14-2008 by Ord. No. 963-08]

STORY

That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between any floor and the ceiling next above it.

STORY, HALF

A portion of a building situated above a story where the walls meet a sloping roof, having a maximum average height of five feet.

STREAM CORRIDOR

The bed and banks of a stream that confine and conduct continuously or intermittently flowing water (also referred to as the "stream channel"). Flow paths with a total contributory drainage area less than 50 acres must have definable bed and banks to be included in a stream corridor. "Stream corridor" also includes all of the land within the one-hundred-year flood line on either side of that portion of the designated stream or tributary and all of the land within a one-hundred-foot wide buffer around the one-hundred-year flood line on either side of that portion of the designated stream or tributary. If there is no one-hundred-year flood line delineated, the one-hundred-foot buffer shall be measured outward from top of the bank of the stream channel. In cases where slopes greater than 15% abut the outer boundary of the stream corridor, the area of such slopes shall also be included within the stream corridor.

[Added 4-10-2002 by Ord. No. 771-02; amended 4-9-2003 by Ord. No. 811-03]

STREET

Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action, or a street or way on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines.

STREET ADDRESS SIGN

Any sign denoting the street address of the premises on which it is attached or located.

[Added 5-14-2008 by Ord. No. 963-08]

STREET LINE

The right-of-way of a street as indicated by public usage, dedication or deed of record.

STRUCTURE

A combination of materials forming a construction for occupancy, use, or ornamentation whether installed on, above, or below the surface of a parcel of land.

[Amended 8-20-2008 by Ord. No. 969-08]

SUBDIVIDER

Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.

SUBDIVISION

(1) 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.

(2) The following shall not be considered subdivisions within the meaning of this chapter, if no new streets are created:

(a) 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 larger in size.

(b) Divisions of property by testamentary or intestate provisions.

(c) Division of property upon court order, including but not limited to judgments or foreclosure.

(d) Consolidation of existing lots by deed or other recorded instrument.

(e) The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons, and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map or Atlas of the municipality.

(3) The term "subdivision" shall also include the term "resubdivision."

SUBDIVISION AND SITE PLAN COMMITTEE

A committee of at least three Planning Board members appointed by the Chairman of the Board for the purpose of classifying subdivisions in accordance with the provisions of this chapter and reviewing subdivisions and site plans and performing such other duties relating to land subdivision and site plans as may be conferred on this Committee by the Board.

SUBSTANTIALLY DAMAGED OR DESTROYED

As it pertains to a nonconforming sign:

[Added 5-14-2008 by Ord. No. 963-08]

(1) 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 above ground of each broken, bent, or twisted support; or

(2) That more than fifty 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.

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.

[Added 5-14-2008 by Ord. No. 963-08]

TOWNHOUSE

A single family dwelling attached by a common wall between it and the adjacent unit or units extending from the basement to the roof, together with individual front and rear entrances and yards designed as an integral part of each unit.

TOWNSHIP

The Township of Clinton.

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 5-14-2008 by Ord. No. 963-08]

TRANSCRIPT

A typed or printed verbatim record of the proceedings or reproduction thereof.

TRANSPLANT

The digging up and relocation of existing plant material to a new planting location.

[Added 6-13-2007 by Ord. No. 923-07]

TREE

A large, woody plant having one or several self-supporting stems or trunks and numerous branches that reach a height of at least 20 feet at maturity.

[Added 2-14-2001 by Ord. No. 740-01]

UNDERSTORY TREE

Plant material often massed and seldom isolated that grows in the shade of an emergent or forest canopy. For the purposes of this chapter, the plant material is generally used for buffers and reforestation plantings and generally not adjacent to pedestrian or vehicular use areas and not necessarily used for ornamental purposes.

[Added 6-13-2007 by Ord. No. 923-07]

VARIANCE

Permission to depart from the literal requirements of a zoning regulation.

VEHICLE SIGN

Any sign or signs where the total sign area covers more than 10 square feet of the vehicle.

[Added 5-14-2008 by Ord. No. 963-08]

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 5-14-2008 by Ord. No. 963-08]

WAREHOUSE

A building or facility in which goods, supplies, equipment, materials and merchandise are stored, where no physical change in such articles takes place and where such articles are not otherwise used on the premises, which use is typically characterized by frequent heavy trucking activity.

[Added 10-28-2020 by Ord. No. 1142-2020]

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 5-14-2008 by Ord. No. 963-08]

WHIP

An unbranched woody plant greater than 24 inches in height and having a diameter of less than one-inch caliper measured at two inches above the root collar.

[Added 2-14-2001 by Ord. No. 740-01]

WINDOW SIGN

Any sign mounted in any fashion on the interior or exterior of the surface of a window.

[Added 5-14-2008 by Ord. No. 963-08]

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 5-14-2008 by Ord. No. 963-08]

WIRELESS TELECOMMUNICATIONS ANTENNAS

Antennas that transmit or receive radio frequency signals, digital signals, analog signals or electromagnetic waves directly from and/or to wireless telephones, paging devices and/or other personal wireless telecommunication devices.

[Added 8-12-1998 by Ord. No. 665-98; amended 3-24-2004 by Ord. No. 845-04]

WIRELESS TELECOMMUNICATIONS EQUIPMENT COMPOUND

A fenced-in area which houses any combination of wireless telecommunications structures, buildings, antennas, equipment and/or towers.

[Added 8-12-1998 by Ord. No. 665-98]

WIRELESS TELECOMMUNICATIONS STRUCTURES, ANTENNAS, EQUIPMENT AND/OR TOWERS

Buildings and/or structures and equipment for the delivery of wireless telecommunications except for satellite dish antennas, which shall be regulated under § 165-130 of this chapter. For purposes of this definition, wireless telecommunications structures, antennas, equipment and/or towers may be collectively referred to herein as "wireless telecommunications facilities." This definition shall not include any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.

[Added 8-12-1998 by Ord. No. 665-98]

WIRELESS TELECOMMUNICATIONS TOWER

A vertical structure used to support wireless telecommunications antennas.

[Added 8-12-1998 by Ord. No. 665-98]

YARDS

(1) FRONT YARD An open unoccupied space, unless occupied by a use as hereinafter specifically permitted, extending across the full width of the lot and lying between the street right-of-way and the nearest point of the principal building.

(2) SIDE YARD An open space unoccupied except by a use as hereinafter specifically permitted, extending from the front yard to the rear yard of a lot and lying between the side lot line and the nearest point of the principal structure on the lot.

(3) REAR YARD An open space, unoccupied except by a use as hereinafter specifically permitted, extending across the full width of the lot and lying between the rear lot line and the nearest point of the principal building. (See definition of "rear lot line.")

[Amended 11-24-1986 by Ord. No. 312-86]

[1] Editor's Note: The former definition of "complete application," which immediately followed, was repealed 7-23-1984 by Ord. No. 245-84.

[2] Editor's Note: Chapter 1 of Title 58 was repealed by L. 1945, c. 22. See now N.J.S.A. 58:1A-1 et seq., the Water Supply Management Act.

[3] Editor's Note: The former definition of "life-care facility," which immediately followed, was repealed 12-8-1999 by Ord. No. 705-99.

[4] Editor's Note: The former definition of "lot lines," which immediately followed, was repealed 11-24-1986 by Ord. No. 312-86.

[5] Editor's Note: The former definitions of "mobile home" and "mobile home park," which immediately followed, were repealed 11-23-1987 by Ord. No. 350-87.

[6] Editor's Note: See N.J.S.A. 40:55D-32 et seq.

B. Terms not defined. Whenever a term is not defined in this chapter, it is intended to have the meaning set forth in P.L. 1976, c. 291 (N.J.S.A. 40:55D-1 et seq.), if defined by that statute. In the event of a conflict between the definition in this chapter and that contained in said statute, the definition in said statute will apply.

§ 165-5 Word usage.

Words used in the present tense include the future; the singular number includes the plural, and the plural the singular. The word "lot" includes the word "plot." The word "building" includes the word "structure." The term "such as," where used herein, shall be considered as introducing a typical or illustrative, rather than an entirely exclusive or inclusive, designation of permitted or prohibited uses, activities, establishments or structures. The words "zone" and "district" are synonymous.