This chapter shall be known as and may be cited as the "Land
Development Ordinance of the Township of Washington."
A.
General purpose. This chapter is adopted to promote the public health,
safety, morals, general welfare and all other purposes enumerated
in the Municipal Land Use Law, Chapter 291, Laws of New Jersey, 1975,
as amended.[1] This chapter also serves to implement the goals, policies,
objectives, regulations and standards of the New Jersey Pinelands
Comprehensive Management Plan, adopted November 21, 1980, by the Pinelands
Commission.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
Intent. It is the intent of this chapter:
(1)
To encourage local action in guiding the appropriate use or development
of all Township land areas in a manner which will promote the public
health, safety, morals and general welfare.
(2)
To secure safety from fire, flood, panic and other natural and man-made
disasters.
(3)
To provide adequate light, air and open space.
(4)
To ensure that local land development does not conflict with the
development and general welfare of neighboring municipalities, the
County, the Pinelands and the state as a whole.
(5)
To promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons,
neighborhoods, communities and regions.
(6)
To promote preservation of the environment.
(7)
To encourage the appropriate and efficient expenditure of public
funds by the coordination of public development with land use policies.
(8)
To provide sufficient space in appropriate locations for a variety
of agricultural, residential, recreational, commercial and industrial
uses and open space, both public and private, according to their respective
environmental requirements in order to meet the needs of all Township
citizens.
(9)
To encourage the location and design of transportation routes which
will promote free flow of traffic while discouraging the location
of such facilities and routes which might result in congestion or
blight.
(10)
To promote a desirable visual environment through creative development
techniques and good civic design and arrangements.
(11)
To promote the conservation of open space and valuable natural
resources and to prevent urban sprawl and degradation of the environment
through improper land usage.
(12)
To preserve and promote a low density, rural-oriented quality
of life for Township residents.
(13)
To preserve and encourage the Township's agricultural base.
(14)
To implement appropriate regulations and standards of the Comprehensive
Management Plan.
(15)
To utilize housing infill in Pinelands Villages as the primary
means of accommodating future population growth.
(16)
To discourage housing in floodplains or in environmentally sensitive
areas.
(17)
To work with the natural environment when solving problems related
to land development.
(18)
To assure adequate surface water and groundwater quality.
(19)
To minimize potentially adverse economic impacts of land development
policies upon the Township's financial resources.
C.
Compliance. The Township Committee finds that this chapter substantially
complies with:
A.
Use of land; construction of structures. On and after the effective
date of this chapter, no land or structure shall be used, constructed,
located, altered, rebuilt or enlarged for any purpose within the municipality
except in conformity with the restrictions and regulations established
by this chapter for the district in which such land or structure is
located and in conformity with all other pertinent terms and provisions
of this chapter.
B.
Existing uses and structures. In all districts, on and after the
effective date of this chapter, any existing building or structure,
and any tract of land, the use of which is not in conformity with
the regulations for the district in which it is located, shall be
deemed as nonconforming and subject to the appropriate regulations
of this chapter governing such nonconforming lots, uses and structures.
C.
Failure to comply. Any structure constructed, rebuilt, altered or
located on and after the effective date of this chapter in violation
of the restrictions and regulations established for the district in
which it is located, or in violation of other pertinent terms or provisions
of this chapter, shall be changed, altered, corrected or relocated
by the person who constructed or located such structure and by the
owner of the land on which it is situated so that both structure and
premises shall conform with all provisions of this chapter. Such change,
alteration, correction or relocation shall be made within 30 days
after notification, in writing, by the Zoning Officer to the person
who constructed, altered or located the structure and the owner of
the land on which it is located. Such notification shall be by personal
service on those to be served or by certified or registered mail,
return receipt requested, to the last known address of those to be
served.
A.
Approach. Notwithstanding the specific prohibited uses listed for clarification purposes in § 275-74, this chapter is written using the permissive approach in that only those uses, buildings or structures specifically permitted by this chapter shall be allowed; all other uses, buildings or structures are explicitly prohibited. Individual statements of intent and the purposes, general intent and general regulations of this chapter shall guide the Planning and Zoning Board and Zoning Board of Adjustment when interpreting questionable uses, buildings or structures posed by an applicant.
B.
Construction. This chapter, having been deemed necessary for the
welfare of the municipality and its citizens, shall be construed liberally
to effectuate its purposes.
C.
Minimum requirements. In their interpretation and application, the
provisions, regulations and standards of this chapter shall be held
to be the minimum requirements necessary and shall apply uniformly
to each class or kind of structure or land. It is not the intention
of this chapter to interfere with, abrogate or annul any easements,
covenants or other agreements between parties; provided, however,
that where the provisions of this chapter are more restrictive than
those of any other statute, ordinance or regulation, the provisions
of this chapter shall govern.
D.
Word usage. In the interpretation of this chapter, the provisions
and rules of this section shall be observed and applied except when
the context clearly requires otherwise:
(1)
Words and phrases shall be presumed to have their ordinary meaning
unless specifically defined or interpreted differently in this section.
(2)
Words used or defined in one tense or form shall include other tenses
and derivative forms.
(3)
Words in the singular shall include the plural, and words in the
plural shall include the singular.
(4)
The masculine gender shall include the feminine, and the feminine
gender shall include the masculine.
(5)
The word "building" shall include the word "structure."
(6)
The word "lot" shall include the word "plot."
(7)
The word "may" is permissive.
(8)
The word "occupied" shall include the words "arranged, designed or
intended to be occupied."
(9)
The word "person" shall include the words "individual, corporation
or partnership."
(10)
The word "premises" shall include the words "vacant land."
(11)
The word "shall" is mandatory.
(12)
The word "used" shall include the words "arranged, designed
or intended to be used."
(13)
The word "zone" shall include the word "district."
(14)
In case of any difference of meaning or implication between
the text of this chapter and any caption, the text shall control.
(15)
Disputes concerning definition or interpretation of a word shall
be resolved by either the Zoning Board of Adjustment or the Planning
and Zoning Board.
A.
For the purposes of this chapter and unless the context clearly indicates a different meaning, the words and phrases used in this chapter shall have the definitions given in § 275-6.
B.
For the sake of brevity, only those words and phrases commonly used in this chapter are contained in § 275-6. If, however, words and phrases are encountered in this chapter which are not defined in § 275-6, they shall have the meanings given in the respective definitions sections of the following documents which are hereby adopted by reference and declared to be an integral part of this chapter:
(2)
The New Jersey Pinelands Comprehensive Management Plan, adopted November
21, 1980, by the New Jersey Pinelands Commission, as amended.
(3)
The Illustrated Book of Development Definitions, Moskowitz, Harvey
S. and Lindbloom, Carl G., Rutgers University, 1981.
[Added 5-4-1989 by Ord. No. 1989-4]
C.
The intent of this section is to use the references for definitions
in the order listed above. If no definition is obtained after following
this procedure, the term will have the meaning assigned by an accepted
dictionary definition, unabridged edition.
[Added 5-4-1989 by Ord. No. 1989-4]
As used in this chapter, the following terms shall have the
meanings indicated:
See "building, accessory."
See "use, accessory."
The Secretary of the Planning and Zoning Board in matters
involving the Planning and Zoning Board; the Secretary of the Zoning
Board of Adjustment in matters involving the Zoning Board of Adjustment;
the Zoning Officer involving the issuance of permits, certificates
and enforcing this chapter; the Township Tax Assessor in matters involving
lists of names and addresses of owners to whom an applicant is required
to give notice pursuant to this chapter and the Municipal Land Use
Law, N.J.S.A. 40:55D-12(c); and the Township Clerk in matters involving
the Township Committee and in all other matters not covered in the
above list.
A retail sales establishment primarily intended to sell agricultural
products produced in the Pinelands. An agricultural commercial establishment
may be seasonal or year round and may or may not be associated directly
with a farm; however, it does not include supermarkets, convenience
stores, restaurants and other establishments which coincidentally
sell agricultural products, nor does it include agricultural production
facilities such as a farm itself, nor facilities which are solely
processing facilities. An agricultural commercial establishment may
include roadside farm stands, self-service blueberry farms and retail
sales outlets for dried flowers, pine cones and other Pinelands products.
[Amended 5-4-1989 by Ord. No. 1989-4]
See "migrant labor housing."
Any production of plants or animals useful to man, including,
but not limited to, forages or sod crops, grains and feed crops, dairy
animals and dairy products, poultry and poultry products, livestock,
including beef cattle, sheep, swine, horses, ponies, mules or goats,
and including the breeding and grazing of any or all such animals,
bees and apiary products, fur animals, trees and forest products,
fruits of all kinds, including grapes, nuts and berries, vegetables,
nursery, floral, ornamental and greenhouse products, or any land devoted
to and meeting the requirements and qualifications for payments or
other compensation pursuant to a soil conservation program under an
agency of the federal government.
The science or art of cultivating the soil, producing crops
and raising livestock, including the preparation of these products
for use and their marketing.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the existing facilities, or an enlargement,
whether by an extension of a side or by increasing in height or by
moving from one location or position to another.
An individual or community on-site wastewater treatment system
that has the capability of providing a high level of treatment, including
a significant reduction in the level of total nitrogen in the wastewater
and that has been approved by the Pinelands Commission for participation
in the alternate design wastewater treatment systems pilot program
pursuant to N.J.A.C. 7:50-10.23(b). Detailed plans and specifications
for each authorized technology are available at the principal office
of the Pinelands Commission.
[Added 7-8-2003 by Ord. No. 2003-03; amended 11-5-2018 by Ord. No. 2018-05]
See N.J.A.C. 7:50-6.32.
[Added 5-4-1989 by Ord.
No. 1989-4]
Any application filed with any permitting agency for any approval, authorization or permit which is a prerequisite to initiating development in the municipality, except as provided in § 275-105A.
[Amended 5-4-1989 by Ord. No. 1989-4]
The Planning and Zoning Board or Zoning Board of Adjustment
of Washington Township, unless a different agency is designated by
this chapter, when acting pursuant to the authority of the Municipal
Land Use Law;[2] the Administrative Officer when issuing permits pursuant to Article XIII of this chapter.
The establishment of tree cover through direct or supplemental
seeding or planting.
[Added 7-10-2012 by Ord.
No. 2012-07]
That part of a building which is immediately below and wholly
or partly within the roof framing. An attic is not generally used
as living space. (See Floor Area Diagram.[3])
Any commercial premises used for the repair, servicing, storage,
maintenance or care of vehicles but not including automotive wrecking,
junkyard operations and new or used car sales.
The sale of, hire of or renumeration from new or used automobiles
and other vehicles and equipment. Automobile sales shall be interpreted
to include automotive accessory sales but not the sale of wrecked
or junked vehicles or equipment or the operation of a junkyard.
(See "cellar.") A story partly underground but having at
least 1/2 of its height above the average level of the adjoining ground.
A basement shall be counted as a story for the purposes of height
measurement if the vertical distance between the ceiling and the average
level of the adjoining ground is more than five feet or if it is used
for dwelling or business purposes.
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Basement Diagram
 |
A silvicultural practice involving the preparation of land
before planting in the form of small mounds so as to concentrate topsoil
and elevate the root zone of seedlings above temporary standing water.
[Added 7-10-2012 by Ord.
No. 2012-07]
A sign, other than a sign which advertises an agricultural
roadside stand or an agricultural commercial establishment, which
directs attention to a business, entity, commodity, product, service,
event or entertainment conducted, sold or offered at a location other
than the premises on which the sign is located.
[Amended 5-4-1989 by Ord. No. 1989-4]
See "Zoning Board of Adjustment."
A silvicultural practice involving the dragging of cut trees
or other objects across a parcel to remove or reduce above-ground
shrub cover, debris, leaf litter and humus without disturbance to
mineral soil horizons and associated roots.
[Added 7-10-2012 by Ord.
No. 2012-07]
Any combination of dense landscaping, natural vegetation,
fencing or open space designed to act as an effective visual shield
or separator from adjoining properties.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
A building detached from, subordinate to and serving a principal
building; and subordinate in area, extent and purpose to the principal
building; and contributing primarily to the comfort, convenience or
necessity of the occupants, business or industry of the principal
building; and located on the same lot or site as the principal building.
[Amended Ord.
No. 1997-2]
For a building, the vertical distance measured from the average elevation of the existing grade to the highest point of a flat roof, or to the deckline of a mansard roof, or to the mean height between eaves and ridge for pitch, hip, gable or gambrel roofs. In no case shall the ridge line of a residential building be greater than 10 feet above the building height or exceed 35 feet as measured above. For a general structure other than a building, the vertical distance measured from the average elevation of the existing grade to the highest point of the structure. See § 275-67 for height exceptions.
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Building Height Diagram
|
An area utilized for the placement of tents, camp trailers,
travel trailers, recreational vehicles, motor homes or other structures
or conveyances which are not permanent dwellings, including any other
facilities used in connection therewith or any area upon which the
activities generally referred to as camping take place.
This term shall have the same meaning as provided under N.J.S.A.
24:6I-33.
[Added 6-2-2021 by Ord. No. 2021-07]
A facility involved in the growing and cultivating of cannabis,
and which has been duly issued a Class 1 cannabis cultivator license
by the New Jersey Cannabis Regulatory Commission, or its successor
agency.
[Added 6-2-2021 by Ord. No. 2021-07]
Any person or entity providing courier services for consumer
purchases of cannabis items and related supplies fulfilled by a cannabis
retailer, and which has been duly issued a Class 6 cannabis delivery
license by the New Jersey Cannabis Regulatory Commission, or its successor
agency.
[Added 6-2-2021 by Ord. No. 2021-07]
Any person or entity engaged in the intrastate transport
of bulk cannabis or cannabis items from one licensed cannabis cultivator
to another licensed cannabis cultivator, or from any one class of
licensed cannabis establishment to another class of licensed cannabis
establishment, and which has been duly issued a Class 4 cannabis distributor
license by the New Jersey Cannabis Regulatory Commission, or its successor
agency.
[Added 6-2-2021 by Ord. No. 2021-07]
A facility involved in the manufacturing, preparation and
packaging of cannabis items, and which has been duly issued a Class
2 cannabis manufacturer license by the New Jersey Cannabis Regulatory
Commission, or its successor agency.
[Added 6-2-2021 by Ord. No. 2021-07]
Any person or entity that purchases or otherwise obtains
cannabis or cannabis items from cannabis cultivators, manufacturers
or wholesalers, and sells these to consumers from a retail store,
and/or may use a cannabis delivery service or a certified cannabis
handler for the off-premises delivery of cannabis items and related
supplies to consumers and which has been duly issued a Class 5 cannabis
retailer license by the New Jersey Cannabis Regulatory Commission,
or its successor agency.
[Added 6-2-2021 by Ord. No. 2021-07]
A facility involved in obtaining and selling cannabis items
for later resale by other licensees, and which has been duly issued
a Class 3 cannabis wholesaler license by the New Jersey Cannabis Regulatory
Commission, or its successor agency.
[Added 6-2-2021 by Ord. No. 2021-07]
A governmental acquisition of real property or major construction
project.
The required distance from one edge of paving to the other;
or the required paved width of a street; or the required distance
from curb to curb.
(See "basement.") A story partly underground and having more
than 1/2 of its clear height below the average level of the adjoining
ground. A cellar shall not be considered in determining the permissible
number of stories, nor shall a cellar be considered in the calculation
of habitable area as called for in the various residential districts.
See N.J.A.C. 7:50-6.156.
[Added 5-4-1989 by Ord. No. 1989-4]
A certificate issued by the Pinelands Commission pursuant
to N.J.A.C. 7:50-4.34 and 7:50-4.82 that a complete application for
development has been filed.
[Amended 5-4-1989 by Ord. No. 1989-4]
A signed statement issued by the Municipal Construction Official
upon completion of construction of a new building, or upon a change
in occupancy or use, certifying that all requirements of this chapter,
or such adjustments thereto which have been granted by the Zoning
Board of Adjustment, and all other applicable requirements have been
complied with.
A building used for public worship by a congregation, excluding
buildings used exclusively for residential, educational, burial, recreational
or other uses not normally associated with worship. A church includes
a chapel, synagogue, temple or mosque.
A silvicultural practice involving removal of an entire forest
stand in one cutting for purposes of regeneration either obtained
artificially, by natural seed or from advanced regeneration. Clearcutting
typically results in the removal of all woody vegetation from a parcel
in preparation for the establishment of new trees; however, some trees
may be left on the parcel.
[Added 7-10-2012 by Ord.
No. 2012-07]
An application form completed as specified in this chapter
and all accompanying documents required for approval of the application
for development, including, where applicable, but not limited to,
a site plan or subdivision plat, provided that the municipality may
require such 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 as required
by the municipality. An application shall be certified as being complete
immediately upon the meeting of all requirements specified in this
chapter and shall be deemed complete as of the day it is so certified
by the Administrative Officer for purposes of the commencement of
the time period for action by the municipality.
The New Jersey Pinelands Comprehensive Management Plan and
amendments thereto adopted by the New Jersey Pinelands Commission
pursuant to the New Jersey Pinelands Act, 1979.[4]
See "use, conditional."
The construction, reconstruction, erection, alteration, conversion,
demolition, removal or equipping of buildings or structures.
The municipal official specified in the building code and
designated as such by the governing body.
Land which is connected or adjacent to other land so as to
permit the land to be used as a functional unit, provided that separation
by lot line, streams, dedicated public roads which are not paved,
rights-of-way and easements shall not affect the contiguity of land
unless a substantial physical barrier is created which prevents the
land from being used as a functional unit.[5]
[Amended 9-2-1993 by Ord. No. 1993-8]
As applied to a building or structure, a change in the use
or intended use of that building or structure.
A silvicultural practice involving the production of forest
stands from vegetative sprouting by the trees that are harvested (stump
sprouts, root suckers, and naturally rooted layers). Coppicing typically
involves short rotations with dense stands of short trees.
[Added 7-10-2012 by Ord.
No. 2012-07]
A street with access closed at one end and with a circular
or otherwise continuous turnaround at that closed end.
Calendar days.
The intensity of residential development permitted in a zoning
district expressed in dwelling units per net acre, meaning acreage
exclusive of streets, open space, drainage rights-of-way and other
lands to be dedicated to either the municipality or to another governmental
agency.
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Density Diagram
 |
See "dwelling unit, detached."
(See "retention basin.") A basin or depression formed by
either the natural existence of or by the construction of an excavation,
barrier or berm that serves to detain stormwater runoff and to subsequently
discharge this water at a reduced peak rate.
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.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building, other structure or of any
mining, excavating or landfilling operation; any use, change in use
or extension of use of any building, other structure or land; and
any creation or termination of rights of access or riparian rights
of land; and which shall include, for the sake of definition, but
shall not be limited to, the following:
A change in the type of use of a building, other structure or
land.
A reconstruction, alteration of size or material change in the
external appearance of a building, other structure or land.
A material increase in the intensity of use of land, including
lot coverage, density, the number of dwelling units, businesses, offices
or industrial establishments.
Demolition of a structure or removal of trees.
Commencement of resource extraction, drilling or excavation
on a parcel of land.
Deposition of refuse, solid or liquid waste or fill on a parcel
of land.
A material change in noise levels, thermal conditions or emissions
of waste material in connection with the use of land.
An alteration, either physical or chemical, of a shore, bank,
floodplain, seacoast, river, stream, lake, pond, wetlands or artificial
body of water.
Commencement of forestry activities.
[Added 5-4-1989 by Ord. No. 1989-4]
Any approval to develop which is granted by an approving
authority, including appeals to the governing body, except for certificates
of occupancy and variances which do not otherwise include issuance
of a construction permit, subdivision or site plan approval.
[Added 5-4-1989 by Ord. No. 1989-4]
Any division of land into more than five lots (including
the remaining lot); any construction or expansion of any housing development
of five or more dwelling units; any construction or expansion of any
commercial or industrial use or structure on a site of more than three
acres; or any grading, clearing or disturbance of an area in excess
of 5,000 square feet.
[Added 5-4-1989 by Ord. No. 1989-4]
All development other than major development.
[Added 5-4-1989 by Ord. No. 1989-4]
A zoning ordinance, subdivision ordinance, site plan ordinance
or other municipal regulation of the use or development of land, or
amendment thereto, adopted and filed pursuant to the Municipal Land
Use Law[6] and this chapter.
A silvicultural practice involving the drawing of one or
more heavy, round, concave, sharpened, freely rotating steel disks
across a site for the purposes of cutting through soil and roots or
cutting and turning a furrow over an area.
[Added 7-10-2012 by Ord.
No. 2012-07]
See "zoning district."
The removal of surface water or groundwater from land by
drains, grading or other means, including the control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage, and the means
necessary for water supply preservation or prevention or alleviation
of flooding.
The lands required for the installation, construction or maintenance of stormwater sewers, stormwater drainage structures or drainage ditches, or the 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 in accordance with Chapter 1 of Title 58, Revised Statutes of New Jersey.[7]
The premises used wholly or partially for the sale of any
goods or services by means of curb and/or window counter service,
whether to the motoring public or to pedestrians.
A silvicultural practice involving the drawing of a large
cylindrical drum with cutting blades mounted parallel to its axis
across a site to break up slash, crush scrubby vegetation prior to
burning or planting or to chop up and disturb the organic turf and
roots in the upper foot of soil.
[Added 7-10-2012 by Ord.
No. 2012-07]
Any building or portion thereof which is designed or used
for residential purposes.
A dwelling which is detached from all other buildings, used
for residential purposes by one family and has its own cooking, sleeping,
sanitary and general living facilities.
A detached dwelling designed for and occupied by only one
family.
A building, or any room or group of rooms located within
a building, forming a single habitable unit with facilities which
are used or intended to be used for living, sleeping, cooking, eating
and sanitation by one family; and which has no enclosed space in common
with any other dwelling unit except for vestibules, entrance halls,
porches or hallways. Dwelling unit excludes boats, houseboats, trailers,
recreational vehicles, mobile homes or other vehicles of any type
and temporary shelters such as a campsite or tent.
See "resource extraction."
All electric lines other than electric transmission lines.
[Added 5-4-1989 by Ord. No. 1989-4]
Electric lines which are part of an electric company's transmission
and subtransmission system, which provide a direct connection between
a generating station or substation of the utility company and:
[Added 5-4-1989 by Ord. No. 1989-4]
The greatest number of persons to be employed in the building
or activity in question during any season of the year and at any time
of the day or night.
See "threatened or endangered species."
An addition to the floor area of an existing building, an
increase in the size of any other existing structure or an increase
in that portion of a tract of land occupied by an existing use.
One or more persons related by blood, marriage, adoption
or guardianship, or any number of persons not so related occupying
a dwelling unit and living as a single housekeeping unit.
Any tract of land containing at least five acres which is
used for the raising, processing and marketing of agricultural or
horticultural products, forest and marsh products, livestock, dairying
and poultry. A farm shall not be construed to include commercial poultry
and swine production feeder lots or rearing houses or fur-bearing
animal farms.
The official action of the Planning and Zoning Board or Zoning
Board of Adjustment on a preliminary 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 guarantees properly posted for their completion,
or an approval conditioned upon the posting of such guarantees.
See § 275-86B.
The changing of the characteristics and interactions of fish
and wildlife populations and their habitats in order to promote, protect
and enhance the ecological integrity of those populations.
See "special flood hazard area."
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the municipality.
The sum of the gross horizontal areas of all floors of any
building or buildings on a lot as measured from the interior walls.
In particular, the gross or total floor area shall include basement
space which has been improved for residential purposes (but in no
case shall that space which is included as part of the gross or total
floor area exceed 20% of the total basement area). Other than basement
spaces, gross or total floor area shall exclude cellars, spaces with
structural headroom less than seven feet six inches and shall further
exclude garages, porches, interior balconies and mezzanines.
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Floor Area Diagram
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The gross or total floor area of a building on a lot divided
by the area of the lot.
The planting, cultivating and harvesting of trees for the
production of wood products, including firewood, or for forest health.
It includes such practices as reforestation, site preparation and
other silvicultural practices, including but not limited to artificial
regeneration, bedding, broadcast scarification, clearcutting, coppicing,
disking, drum chopping, group selection, individual selection, natural
regeneration, root raking, seed tree cut, shelterwood cut and thinning.
For purposes of this chapter, the following activities shall not be
defined as forestry:
[Amended by Ord. No. 1997-2; 7-10-2012 by Ord. No. 2012-07]
Removal of trees located on a parcel of land one acre or less
on which a dwelling has been constructed;
Horticultural activities involving the planting, cultivating
or harvesting of nursery stock or Christmas trees;
Removal of trees necessitated by the development of the parcel
as otherwise authorized by this chapter;
Removal of trees necessary for the maintenance of utility or
public rights-of-way;
Removal or planting of trees for the personal use of the parcel
owner; and
Removal of trees for public safety.
See § 275-89.
A uniform group of trees of similar species, composition,
size, age and similar forest structure.
[Added 7-10-2012 by Ord.
No. 2012-07]
An accessory building incidental to a dwelling unit and intended
for the off-street storage of not more than three motor vehicles owned
by the inhabitants of the dwelling unit.
An area of land, including any buildings or structures thereon,
used primarily for the retail sale of motor fuel, lubricants and incidental
services such as engine repairs, car washing and lubrication and the
sale and installation of tires, mufflers, batteries and other automotive
accessories. A gasoline service station excludes automotive wrecking,
junkyard operations and new or used car sales.
Illumination intensity levels in excess of two footcandles
when measured from a public right-of-way or in excess of one footcandle
when measured at a residential property line.
An area of at least 50 contiguous acres containing a full-size
professional golf course at least nine holes in length, together with
the necessary and usual accessory uses and structures, including,
for the sake of definition, but not limited to, clubhouse facilities,
dining and refreshment facilities, swimming pools and tennis courts,
provided that the operation of such facilities is incidental to and
subordinate to the operation of the golf course.
The Township Committee of the Township of Washington.
For buildings having walls adjoining one street only, the elevation
of the center line of the street at the center of the wall adjoining
the street.
For buildings having walls adjoining more than one street, the
average of the elevations of the center lines of the streets at the
centers of all walls adjoining the streets.
For buildings having no walls adjoining a street, the average
level of the finished surface of the ground adjacent to the exterior
walls of the building as shown on the building or site plans.
A silvicultural practice whereby a group of trees is periodically
selected to be removed from a large area so that age and size classes
of the reproduction are mixed.
[Added 7-10-2012 by Ord.
No. 2012-07]
The natural environment of an individual animal or plant,
population or community.
[Added 5-4-1989 by Ord. No. 1989-4]
Any waste or combination of waste which poses a threat to
human health, living organisms or the environment. Hazardous wastes
shall include waste material that is toxic, corrosive, irritating
or sensitizing, radioactive, biologically infectious, explosive or
flammable, including, for the sake of definition, but not limited
to, those materials and concentration of materials that are determined
to be toxic by the federal Secretary of Health, Education and Welfare
pursuant to Section 20(6) of the Occupational Safety and Health Act
of 1970, Public Law 91-596 (OSHA),[8] and those materials listed in the current Part 172, Title
49, of the Code of Federal Regulations issued by the federal Department
of Transportation.
See "building or structure height."
Any site, area, district, building, structure or object important
in American history or prehistory, architecture, archaeology or culture
at the national, state, county, regional or local level.
[Amended 5-4-1989 by Ord. No. 1989-4; Ord. No. 1997-2]
A domestic use such as home offices of the ministry, artists,
composers, craftsmen, writers, homebound occupations of the handicapped,
individual dance and music instruction, dressmaking, millenery, home
handyman or similar occupation customarily conducted entirely within
a dwelling and carried on by the inhabitants thereof, and which is
clearly incidental to and subordinate to the use of the building for
dwelling purposes and which does not change the character thereof,
and which does not exert a deleterious influence upon the surrounding
properties, and which does not involve any employee who does not reside
on the premises.
Home occupation excludes retail or wholesale businesses of any
kind involving transactions on the premises and such uses as nursing
homes, clinics, hospitals, day-care centers, animal hospitals, tourist
homes, rooming houses, restaurants, tea rooms, kennels, hunting clubs,
social clubs, beauty shops, barbering or hair styling or any other
similar use.
A vessel or boat fitted for use as a dwelling, or a dwelling
supported on the water by floats or a hull. A houseboat excludes yachts,
cabin cruisers or pleasure craft.
Any plant growing in water or in substrate that is at least
periodically deficient in oxygen as a result of excessive water content.
[Added 5-4-1989 by Ord. No. 1989-4]
Those persons related by blood or legal relationship in the
following manner: spouses, domestic partners, great-grandparents,
grandparents, great-grandchildren, grandchildren, parents, sons, daughters,
brothers and sisters, aunts and uncles, nephews, nieces and first
cousins.
[Amended 5-4-1989 by Ord. No. 1989-4; Ord. No. 1997-2; 11-5-2018 by Ord. No. 2018-05]
A comprehensive statement of a project, its proposed construction,
an inventory of existing conditions, listing of required licenses
and approvals, assessment of the impact of development on existing
conditions, listing of unavoidable adverse impacts, listing of project
alternatives and a listing of steps required to minimize project impacts.
Any surface which does not permit fluids to pass through
or to penetrate its pores or spaces.
Any surface that has been compacted or covered with a layer
of material so that it prevents, impedes or slows infiltration or
absorption of fluid, including stormwater, directly into the ground
and results in either reduced groundwater recharge or increased stormwater
runoff sufficient to be classified as impervious in urban areas by
the United States Department of Agriculture Natural Resources Conservation
Service, Title 210, Engineering, 210-3-1, Small Watershed Hydrology
(WinTR-55), Version 1.0, as amended and supplemented, available with
user guide and tutorials at http://www.wsi.nres.usda.gov/products/W2Q/11&H/Tools_Models/WinTr55.html
or at Natural Resources Conservation Service, 220 Davidson Avenue,
Somerset, NJ 08873. Such surfaces may have varying degrees of permeability.
[Added 7-10-2012 by Ord.
No. 2012-07]
A silvicultural practice whereby single trees are periodically
selected to be removed from a large area so that age and size classes
of the reproduction are mixed.
[Added 7-10-2012 by Ord.
No. 2012-07]
See "alternative on-site wastewater treatment system."
The regulations adopted by the Pinelands Commission pursuant
to the Pinelands Protection Act[9] to govern the review of applications from the adoption
of the regulations until the Pinelands Comprehensive Management Plan
took effect on January 14, 1981. These regulations were formerly codified
as N.J.A.C. 7:1G-1 et seq.
[Added 5-4-1989 by Ord. No. 1989-4]
Any motor vehicle which is in such defective condition as
to be unable to be moved under its own power, and which is not licensed
and inspected for the current year.
[Added 9-2-1993 by Ord. No. 1993-8]
An area, lot or structure used for conducting or operating
the business of buying, selling, storing, trading, dismantling, demolishing
or salvaging used, disabled or discarded metal, glass, paper, wood
remnants, fixtures, automobiles, vehicles, lumber, plastics, tires,
appliances and recyclables or other materials, parts or equipment
of any kind. The storage or other use of not more than three disabled
vehicles in conjunction with an automobile garage shall not constitute
a junkyard.
[Amended 9-2-1993 by Ord. No. 1993-8]
The surface and subsurface of the earth, including all its
natural resources, all improvements and fixtures located on, above
or below its surface, and any water found thereon.
Sites, including open dumps, where solid wastes, liquid and
dry sewage sludge and liquid and dry chemical wastes are disposed
of by land application with or without the use of management practices
of soil covering. For purposes of this chapter, landfill includes
sites receiving inert and demolition debris and excludes a solid waste
transfer station.
Any unobstructed, paved, off-street space having direct usable
access to a street and used solely for the loading or unloading of
goods or products for the building or use that it serves.
An antenna and any support structure, together with any accessory
facilities, which complies with the standards in N.J.A.C. 7:50-5.4
and which is intended to serve a limited, localized audience through
point-to-point communication, including cellular telephone cells,
paging systems and dispatch communications. It does not include radio
or television broadcasting facilities or microwave transmitters.
[Added by Ord.
No. 1997-2]
A designated parcel, tract or area of land, undivided by
a public right-of-way, established by a plat or otherwise as permitted
by law and to be used, developed or built upon as a unit.
An area of land determined by the limits of lot lines bounding that area and expressed in square feet or acres. For purposes of calculating lot area to determine if the minimum lot area requirements of this chapter are met, lot area shall exclude submerged lands and land within a public right-of-way, regardless of deed description. (See also § 275-69, Lot development.)
A lot located at the intersection of two or more streets.
A lot abutting a curved street or streets shall be considered a corner
lot if tangents drawn from the foremost points at the side lot lines
meet at an interior angle of less than 135°.
That portion of a lot covered by both principal and accessory
buildings, or by all buildings and improvements, as the case may be,
and expressed as a percentage of this improved area to the total area
of the lot.
The mean perpendicular distance from the street line to the
rear lot line measured in the general location of the side lot lines.
A lot line or portion thereof coexistent with a street line.
In the case of corner lots, the smaller of the two lot lines coexistent
with the street lines shall be considered as lot frontage. In the
case of lots extending from one street to another, both coexistent
street lines shall be considered as lot frontage. In the case of a
cul-de-sac, the lot frontage shall be measured along the chord formed
by the front building setback line and the side lot lines.
Any boundary line of a lot.
The distance between the side lot lines measured at and along
a line parallel to the street line and coexistent with the front building
setback line. In the case of a curved street line, the chord distance
shall be used for determining lot width.
See "recreational use, low intensity."
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Lot Measurements Diagram
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Any security acceptable in form and substance to the municipality
and in an amount recommended by the Municipal Engineer, but not less
than 15% of the original performance guarantee, and whose purpose
is to assure the maintenance of duly approved improvements installed
by the developer, and which shall be in effect for a minimum of 24
months.
Any site plan not classified as a minor site plan.
Any subdivision not classified as a minor subdivision.
The current Master Plan of the Township of Washington; also
a composite of one or more written or graphic proposals for the development
of the municipality as set forth in and adopted pursuant to the Municipal
Land Use Law, N.J.S.A. 40:55D-28.
One or more residential dwellings complying with all applicable
laws and regulations for the seasonal use of employees of an agricultural
or horticultural use which, because of their character or location,
are not to be used for permanent housekeeping units and which are
otherwise accessory to a principal use of the lot for agriculture.
[Amended 5-4-1989 by Ord. No. 1989-4]
A development plan of one or more lots which proposes new
development whose gross floor area is 5,000 square feet or less and
whose parking requirements involve 20 or fewer parking spaces, and
which fronts upon an existing accepted and improved street, and which
does not involve a planned development, new street, the extension
of any municipal facilities nor the installation of any off-site improvement,
and which does not adversely affect the development of the remainder
of the parcel nor any adjoining property, and which does not conflict
with any provision or portion of the adopted Master Plan, Official
Map or this chapter, and which contains sufficient information and
supporting documents required in order to make an informed determination
as to whether the requirements established by this chapter have been
met.
A subdivision of land for the creation of not more than five
lots, inclusive of the remaining lot or parcel, and which fronts upon
an existing accepted and improved street, and which does not involve
a planned development, new street, the extension of any municipal
facilities nor the installation of any off-site improvement, and which
does not adversely affect the development of the remainder of the
parcel nor any adjoining property, and which does not conflict with
any provision or portion of the adopted Master Plan, Official Map
or this chapter.
A moveable or portable unit, excluding travel trailers, which
is designed and constructed to be towed on its own chassis (comprised
of a frame and wheels) and designed to be connected to utilities for
year-round occupancy. Mobile home shall include units containing parts
that may be folded, collapsed or telescoped when being towed and units
composed of two or more separately towable components designed to
be joined into one integral unit capable of being again separated
into components for repeated towing.
Any vehicle, trailer or modular unit thereof, built or mounted
on a vehicle or chassis which may be driven or towed on a highway,
and shall for the purpose of definition be, but not be limited to,
mobile homes, travel trailers, recreational vehicles, tractor trailers,
campers, vans, buses and container-type trailer modules when not on
a chassis.
[Added 9-2-1993 by Ord. No. 1993-8]
Any building complying with all applicable state laws and
regulations, and containing rooms used, rented or hired out to be
occupied for temporary purposes by guests or transient clientele,
and for which parking spaces have been provided adjacent to the rooms,
and where only a general kitchen (small refrigerator and/or sink)
and dining room may be provided within the building. Full kitchen
facilities (including a stove, range or oven) shall not be installed
or otherwise made available for use by guests nor shall any other
convenience be provided that will render other than a temporary or
transient nature to the motel. Apartment or condominium renting or
selling or any attempt to use the motel as an apartment or condominium
shall be prohibited.
The Township of Washington, County of Burlington, State of
New Jersey.
The establishment of a plant or plant age class from natural
seeding, sprouting, suckering or layering.
[Added 7-10-2012 by Ord.
No. 2012-07]
National Geodetic Vertical Datum.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of this chapter, but
which now fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of this chapter,
but which now fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
A use or activity that was lawful prior to the adoption,
revision or amendment of this chapter, but which now fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption, revision or amendment.
The specific purpose for which land or a building is used,
designed or maintained.
A map, with changes and additions thereto, adopted and established,
from time to time, by resolution of the Board of Chosen Freeholders
of Burlington County pursuant to N.J.S.A. 40:27-5.
A map adopted by ordinance pursuant to the Municipal Land
Use Law, N.J.S.A. 40:55D-32 et seq.
See "billboard."
See § 275-101B.
For the purposes of this chapter, off site and off tract
have the same meaning, namely, located outside the lot lines of the
lot in question, or not located on the property which is the subject
of a development application nor on a contiguous portion of a street
or right-of-way.
For the purposes of this chapter, on site and on tract have
the same meaning, namely, located on the lot in question, or located
on the property which is the subject of a development application
or on a contiguous portion of a street or right-of-way.
Any 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.
The Land Development Ordinance of the Township of Washington,
as amended.
Any quantity of land, consisting of one or more lots, that
is capable of being described with such definiteness that its location
and boundaries may be established.
[Added 5-4-1989 by Ord. No. 1989-4; amended 9-2-1993 by Ord. No. 1993-8]
A space both suitable for and intended for the temporary
parking of an individual motor-driven passenger vehicle within a public
or private parking area accessible to, but not located on, a public
street. A parking space area is exclusive of the adjacent access driveway
area.
Any security acceptable in form and substance to the municipality,
and in an amount recommended by the Municipal Engineer, and which
may be accepted in lieu of requiring certain improvements to be made
to a land development, and which shall remain in effect until the
improvements are recommended for acceptance by the Municipal Engineer
and accepted by resolution of the governing body, and whose release
is subject to the receipt and acceptance of a satisfactory maintenance
guarantee when required.
(See "building setback line.") A clear and unoccupied on-site
area extending along the entire lot line at a depth specified in this
chapter. The depth of the perimeter setback area shall be measured
at right angles to the lot line of the property. (See "yard diagram.")
An individual, corporation, public agency, business trust,
partnership, association, two or more persons having a joint or common
interest, or any other legal entity.
The New Jersey Pinelands Commission established pursuant
to the New Jersey Pinelands Protection Act, 1979.[10]
A use right that can be used to secure a density bonus for
lands located in regional growth areas designated by the Pinelands
Commission.
The agency responsible from February 8, 1979, until June
28, 1979, for the review of and action on applications for development
in the municipality which required approvals of other state agencies,
except where the Pinelands Commission acted on applications during
that time period.
[Added 5-4-1989 by Ord. No. 1989-4]
See N.J.A.C. 7:50-6.43.
[Added 7-10-2012 by Ord.
No. 2012-07]
Any use based on resources indigenous to the Pinelands, including,
but not limited to, forest products, berry agriculture, and sand,
gravel, clay or ilmenite.
[Amended 5-4-1989 by Ord. No. 1989-4]
The Washington Township Planning and Zoning Board established
pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-23.
A Pinelands plant species whose survival worldwide, nationwide
or in the state is in jeopardy.
[Added 5-4-1989 by Ord.
No. 1989-4]
A map or maps of a subdivision or site plan.
The final map of all or a portion of the subdivision which
is presented to the municipality for final approval in accordance
with this chapter, and which, if approved, shall be filed with the
County Recording Officer in accordance with the law.
The preliminary map indicating the proposed layout of the
land development submitted to the municipality for tentative approval
and which meets the requirements of this chapter.
The sketch map of a subdivision or site plan of sufficient
accuracy to be used for the purpose of discussion and classification
and which meets the requirements of this chapter.
A roofed, open structure projecting from the front, side
or rear wall of a building.
The conferral of certain rights pursuant to the Municipal
Land Use Law, N.J.S.A. 40:55D-48 and 40:55D-49, prior to final approval
and after specific elements of a development plan have been agreed
upon by the municipality and the applicant.
That area of the Pinelands so designated by Section 10(b)
of the Pinelands Protection Act.[11]
See "building, principal."
See "use, principal."
The office or studio of an individual resident professional,
including, for the sake of definition, but not limited to, a physician,
dentist, chiropractor, attorney, accountant, architect, engineer,
realtor, surveyor, clergy, optometrist, psychiatrist and related professionals.
Criteria used for recognizing a profession may include state licensing
upon completion of a required curricula of learning, performing a
personal service and adhering to a code of ethics designed to protect
the public. The profession must also be one customarily practiced
in a residence and one which does not change the character of a residential
neighborhood nor involve the employment of more than two individuals
who are not residents of the dwelling.
[Amended 5-4-1989 by Ord. No. 1989-4]
Professional home office shall not include clinics, hospitals,
schools, day-care centers, beauty or barber shops or any other similar
use found to be too intense for a residential neighborhood
Public areas shall include any of the following locations,
activities or uses:
The subdivision or development of land by the Township Committee,
Municipal School Board or by any other officially created municipal
agency or authority.
Land reserved or dedicated for the installation of stormwater
sewers, storm drainage facilities or drainage ditches, or land required
along a natural stream or watercourse for preserving the biological
as well as drainage function of the channel and providing for the
flow of water to safeguard the public against flood damage, sedimentation
and erosion, and to assure the adequacy of existing and proposed culverts
and bridges, to induce water recharge into the ground where practical,
and to lessen nonpoint pollution.
An open space area conveyed or otherwise dedicated to a municipal
agency, board of education, state or county agency or other public
body for recreational or conservational uses.
Sewer service, gas, electricity, water, telephone, cable
television and other public utilities developed linearly, roads and
streets and other similar services provided or maintained by any public
or private entity.
[Added 5-4-1989 by Ord. No. 1989-4]
The majority of the full authorized membership of a municipal
agency.
The management program which employs the most efficient use
of available technology and natural, human and economic resources.
The largest tree of a particular species in New Jersey based
on its circumference at 4.5 feet above ground level. A listing of
the largest known tree of each species and its location is maintained
at the principal offices of the Commission.
[Added by Ord.
No. 1997-2]
Any recreational facility or area which does not satisfy
the definition of low intensive recreational facility, including,
but not limited to, golf courses, marinas, amusement parks, hotels
and motels. Subsection A of the definition of "recreational facility,
low intensity" is incorporated into this definition in its entirety
by reference.
[Added 5-4-1989 by Ord. No. 1989-4; amended 9-2-1993 by Ord. No. 1993-8]
A facility or area which complies with the standards of N.J.A.C.
7:50-5, Part III, utilizes and depends on the natural environment
of the Pinelands and requires no significant modifications of that
environment other than to provide access, and which has an insignificant
impact on surrounding uses or on the environmental integrity of the
area. It permits such low intensity uses as hiking, hunting, trapping,
fishing, canoeing, nature study, orienteering, horseback riding and
bicycling.
[Amended by Ord.
No. 1997-2]
Campgrounds, picnic grounds, trail bikes, snowmobiles, motocross
vehicles and similar activities are considered intensive recreational
uses and not low intensity uses due to their associated adverse impacts
such as overcrowding, damage to vegetation, incompatibility with low
intensity uses, noise pollution and their related need for improvements
such as parking areas, utilities and waste disposal systems.
A plan prepared for review by the Soils Conservation District which details the proposed use of agricultural recommended management practices. See § 275-65C, Resource conservation plans.
The dredging, digging, extraction, mining, quarrying or removal
of sand, gravel, fill, topsoil, clay or ilmenite or clay products
for commercial purposes or for sale or reuse at another site. Resource
extraction excludes the private or agricultural extraction and use
of extracted materials by a landowner.
[Amended 5-4-1989 by Ord. No. 1989-4]
(See "drive-in establishment.") An establishment in which
food and beverages may be procured, provided that such food and beverages
must be consumed while seated at a table, counter or booth within
the building. If more than 15% of an establishment's total food and
beverage sales is not consumed while seated within the building, the
establishment shall be defined as either a fast food store or a drive-in
restaurant.
Resubdivision may include either of the following:
The further division or relocation of lot lines of any lot or
lots within a subdivision previously made and approved and recorded
according to law.
The alteration of any streets or the establishment of any new
streets within any subdivision previously made and approved and recorded
according to law, but excluding conveyances as to combine existing
lots by deed or other instrument.
(See "detention basin.") A basin or depression formed by
the natural existence of or by construction of an excavation, barrier
or berm that serves to retain stormwater runoff and allows this water
to percolate into the ground.
The property within a lot, road, stream or other facility
to which a property owner or governmental agency or person is entitled
a prescribed use as a result of purchase, grant, dedication or easement.
Right-of-way width includes the proposed widths shown in the municipal
or county master plans or official maps.
A stall, booth or table complex used for the display and
sale of on-site produce primarily raised and processed by the owner
of the premises, providing that the total sales, display and storage
area shall not exceed 500 square feet. If this area is exceeded, the
roadside stand shall be defined and classified as an agricultural
commercial establishment and shall be subject to the provisions and
conditions applicable thereto.
A silvicultural practice involving the drawing of a set of
tines, mounted on the front or trailed behind a tractor, over an area
to thoroughly disturb tree and vegetation roots and/or to collect
stumps and slash.
[Added 7-10-2012 by Ord.
No. 2012-07]
Any overland flow of water across the ground surface.
Those roads, streams, lakes and ponds further delineated in § 275-93A of this chapter.
Any duly organized school, other than a public school, not
under the jurisdiction of the school district, and which is properly
registered with the State of New Jersey, and which offers a regular,
general academic course of approved pre-school-, elementary-, secondary-,
preparatory- or college-level institutions. Nursery- and pre-school-age
day schools shall be included herein.
Any instructional institution owned or operated by a governmental
agency.
The level below the natural ground surface to which water
seasonally rises in the soil in most years.
A silvicultural practice involving the removal of old forest
stand in one cutting, except for a small number of trees left singly,
in small groups or narrow strips, as a source of seed for natural
regeneration.
[Added 7-10-2012 by Ord.
No. 2012-07]
A silvicultural practice involving the establishment of a
new, essentially even-aged forest stand from release, typically in
a series of cuttings, of new trees started under the old forest stand.
A shelterwood cut involves the establishment of the new forest stand
before the old forest stand is removed.
[Added 7-10-2012 by Ord.
No. 2012-07]
For streets under municipal jurisdiction, an area located at
street intersections and established by deed or easement in accordance
with the provisions of this chapter, and in which area nothing shall
be erected, placed, planted or allowed to continue or grow in such
a manner as to obstruct the vision of the traveling public.
For streets under other governmental agency jurisdictions, those
areas established by law or regulation and subject to the provisions
and standards of those governmental agencies.
Any structure, display, device or object, or any part thereof,
situated indoors or outdoors, which is used to advertise, identify,
display or to direct or attract attention to a business, entity, commodity,
product, service, person, institution, event or location by any means,
including words, letters, designs, symbols, figures, fixtures, colors,
illumination or projected images.
Signs do not include the flag or emblem of any nation, organization
of nations, state or municipality, nor of any fraternal, religious
or civic organizations; nor the merchandise, pictures or models of
products or services incorporated into a window display; nor works
of art which in no way identify any of the items mentioned above;
nor scoreboards located on athletic fields.
A developmental plan of one or more lots on which is shown:
The existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways;
The location of all existing and proposed buildings, drives,
parking spaces, walkways, means of ingress and egress, drainage facilities,
utility services, landscaping, structures, signs, lighting, screening
and buffering; and
Any other information that may be reasonably required in order
to make an informed determination pursuant to this chapter.
A solar energy system and all associated components, including,
but not limited to, panels, arrays, footings, supports, mounting and
stabilization devices, inverters, electrical distribution wires and
other on-site or off-site infrastructure necessary for the facility,
which converts solar energy into usable electrical energy, heats water
or produces hot air or other similar function.
[Added 11-5-2018 by Ord. No. 2018-05]
An energy system which converts solar energy to usable thermal,
mechanical, chemical or electrical energy to meet all or a significant
part of a structure's energy requirements.
[Added 11-5-2018 by Ord. No. 2018-07]
An area designated as a special flood hazard area on the
municipality's current flood insurance rate map.
Any structure used for sheltering, keeping or handling livestock
such as horses, ponies, donkeys, mules, cattle, goats, sheep or pigs.
Standards of performance shall include:
Standards adopted by ordinance pursuant to the Municipal Land
Use Law, N.J.S.A. 40:55D-65(d), regulating noise levels, glare, earthborne
or sonic vibrations, heat, electronic or atomic radiation, noxious
odors, toxic matters, explosive or inflammable matters, smoke and
airborne particles, waste discharge, screening of unsightly objects
or conditions, and such other similar matters as may be reasonably
required by the municipality.
Standards required by applicable federal, state, county, municipal
or other laws or ordinances.[13]
That part of any building contained between the level of
one finished floor and the level of the next highest finished floor,
or if there is no higher finished floor, then between that part of
the finished floor and the top of the roof beams. (See Floor Area
Diagram.[14])
Any space partially within the roof framing system where
the clear height of not more than 75% of such space between the top
of the floor beams and the structural ceiling level is seven feet
six inches or more. (See Floor Area Diagram.[15])
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which:
Is an existing state, county or municipal roadway accepted for
maintenance by the governmental agency; or
Is shown upon a map heretofore approved pursuant to law or ordinance;
or
Is approved by official action as provided by the Municipal
Land Use Law[16] and 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 which includes the land between the street lines, whether
improved or unimproved, and may comprise pavement, shoulders, gutters,
curbs, sidewalks, parking areas and other areas within the street
lines.
A street used primarily for access to the abutting properties.
A street which:
A street which:
A combination of materials to form a construction for occupancy,
use or ornamentation, whether located on, above or below the surface
of a parcel of land.
See "building or structure height."
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 herself or for another.
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 nor the extension of municipal
facilities are involved:
Divisions of land found by the Planning and Zoning Board or
Subdivision Committee to be for agricultural purposes where all resulting
parcels are five acres or larger in size; or
Divisions of property by testamentary or intestate provisions;
or
Divisions of property upon court order; or
Conveyances which combine existing lots by deed or other instrument.
Subdivision shall also include the term "resubdivision," and
it relates both to the process of subdividing and to the lands or
territory divided.
A committee of at least three Planning and Zoning Board members
appointed by the Chairman of the Planning and Zoning Board for the
purpose of reviewing subdivisions in accordance with the provisions
of this chapter and performing such other duties relating to land
subdivision which may be conferred upon this Committee by the Planning
and Zoning Board.
Those lands which are inundated with water throughout the
year.
See "use, temporary."[17]
A silvicultural practice involving the removal of competing
trees to favor certain species, sizes and qualities of trees.
[Added 7-10-2012 by Ord.
No. 2012-07]
A vehicular, portable structure built on a chassis designed
to be used as a temporary dwelling for travel, recreational and vacation
uses, and permanently identified as "travel trailer" by the manufacturer
of the trailer, and legally towable on a highway as a recreational
or travel trailer for the road, having a body width not exceeding
eight feet and a body length not exceeding 32 feet. Travel trailers
shall include campers and other recreational vehicles intended for
short-term use but shall not include mobile homes or other trailers
used as permanent dwellings.
[Amended 5-4-1989 by Ord. No. 1989-4; 9-2-1993 by Ord. No. 1993-8]
The raising, processing, storing and selling of agricultural
products from the premises where raised. Truck farming excludes livestock
and ranching operations.
All land areas not classified as wetlands or submerged lands.
Any purpose for which a building or other structure or tract
of land may be designed, arranged, intended, maintained or occupied,
or any activity, occupation, business or operation carried on in a
building or other structure or on a tract of land.
A use customarily incidental and subordinate to the principal
use conducted on a lot, whether such use be conducted in the principal
or accessory building.
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter and upon the issuance of an authorization
therefor by the Planning and Zoning Board or Zoning Board of Adjustment.
An area used for the storage and display of used automobiles
intended for sale or resale, including motorcycles, trucks or any
other motorized vehicle.
The major or primary purpose or purposes for which land,
a structure or a building is designed, arranged or intended, or for
which it may be occupied or maintained under this chapter.
A use not involving the construction or alteration of any
permanent structure and which is established for a fixed period of
time with the intent to discontinue such use upon the expiration of
such time.
Lines, conduits or pipes located in a street, road, alley
or easement through which natural gas, electricity, telephone, cable
television, water, sewage or stormwater discharge is distributed to
or from service lines extending from the main line to the distribution
system of the building or premises served. Utility distribution lines
do not include electric transmission lines.
[Added 5-4-1989 by Ord. No. 1989-4; amended by Ord. No. 1997-2]
Permission to depart the literal requirements of a zoning
ordinance pursuant to the standards set forth in N.J.S.A. 40:55D-70(c)
and 40:55D-70(d), which are incorporated herein by reference.
[Amended 9-2-1993 by Ord. No. 1993-8]
Those lands which are inundated or saturated by water at
a magnitude, duration and frequency sufficient to support the growth
of hydrophytes, or which are lands with poorly drained or very poorly
drained soils as designated by the National Cooperative Soils Survey
of the Soils Conservation Service of the United States Department
of Agriculture, or which are coastal wetlands and inland wetlands,
including submerged lands. Wetlands soils and vegetation types are
further defined and delineated in the New Jersey Pinelands Comprehensive
Management Plan, as amended.
The establishment of a characteristic wetland or the removal of exotic species or phragmites from a wetland in accordance with the standards of § 275-98C. For purposes of this definition, exotic species are those that are not indigenous to North America.
[Added 7-10-2012 by Ord.
No. 2012-07]
An open, unoccupied space on the same lot as the principal
building which is open and unobstructed from the ground upward.
|
Yard Diagram
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A yard extending across the full width of the lot and starting
at the front-most vertical projection of any building and continuing
to the street line.
A yard extending across the full width of the lot and starting
at the rear-most vertical projection of any building and continuing
to the rear lot line.
A yard extending from the rear of the front yard to the front
of the rear yard and starting at the closest vertical projection of
any building and continuing to the corresponding side lot line.
The Washington Township Zoning Board of Adjustment established
pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-69, and sometimes
referred to as the Board of Adjustment.
A portion of the territory of the municipality within which
certain regulations and requirements apply pursuant to the provisions
of this chapter.
See § 275-9 of this chapter.
A document, signed by the Administrative Officer, which:
Is required by ordinance as a condition precedent to commencement
of a use or the erection, construction, reconstruction, alteration,
conversion or installation of a structure or building; and
Acknowledges that such use, structure or building complies with
the provisions of this chapter or variance therefrom duly authorized
by a municipal agency pursuant to the Municipal Land Use Law, N.J.S.A.
40:55D-60, 40:55D-40(b), 40:55D-70(c) or 40:55D-70(d).
[1]
Editor's Note: The former definition of "alternative or innovative
on-site wastewater treatment system" was deleted 5-4-1989 by Ord.
No. 1989-4.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[3]
Editor's Note: The Floor Area Diagram is included immediately
following the definition of “floor area, gross or total.”
[4]
Editor's Note: See N.J.S.A. 13:18A-1 et seq.
[5]
Editor's Note: The former definition of "conventional on-site
wastewater treatment system," which immediately followed this definition,
was deleted 5-4-1989 by Ord. No. 1989-4.
[6]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[7]
Editor's Note: Former N.J.S.A 58:1-1 through 58:1-50 were
repealed by L. 1945, c. 22, p. 79, § 44, effective July 1, 1945;
L. 1979, c. 359, § 15, effective January 31, 1980; L. 1981, c.
262, § 26, effective August 13, 1981. See now N.J.S.A. 58:1A-1
et seq.
[8]
Editor's Note: See 29 U.S.C. § 15 et seq.
[9]
Editor's Note: See N.J.S.A. 13:18A-1 et seq.
[10]
Editor's Note: See N.J.S.A. 13:18A-1 et seq.
[11]
Editor's Note: See N.J.S.A. 13:18A-11b.
[12]
Editor's Note: The former definition of "specimen tree," added
5-4-1989 by Ord. No. 1989-4, which immediately followed this definition,
was repealed by Ord. No. 1997-2.
[13]
Editor's Note: The former definition of "standard subsurface
sewage disposal system," added 5-4-1989 by Ord. No. 1989-4, which
immediately followed this definition, was repealed by Ord. No. 1997-2.
[14]
Editor's Note: The Floor Area Diagram is included immediately
following the definition of “floor area, gross or total.”
[15]
Editor's Note: The Floor Area Diagram is included immediately
following the definition of “floor area, gross or total.”
[16]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[17]
Editor's Note: The former definition of "threatened or endangered
species," which immediately followed this definition, was deleted
5-4-1989 by Ord. No. 1989-4. See now the definitions of "animals,
threatened or endangered" and "plants, threatened or endangered."
