Borough of Washington, NJ
Warren County
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Table of Contents
Table of Contents
Any word or term not defined shall be used with a meaning of standard usage for the context in which the word is used.
The following words and phrases in this chapter are used as defined in the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.): applicant, application for development, board of adjustment, building, circulation, common open space, conditional use, conventional, county master plan, county planning board, days, developer, development, development regulations, division, drainage, erosion, final approval, historic site, interested party, land, lot, maintenance guaranty, master plan, mayor, municipal agency, nonconforming lot, nonconforming structure, nonconforming use, official county map, official map, off site, off tract, on site, on tract, open space, party immediately concerned, performance guaranty, planning board, plat, preliminary approval, preliminary floor plans and elevations, public areas, public development proposal, public drainageway, public open space, quorum, residential cluster, residential density, resubdivision, sedimentation, site plan, standards of performance, street, structure, subdivision, variance and zoning permit.
For purposes of this chapter, phrases and words are defined as follows:
ACCESSORY USE OR BUILDING
A subordinate use or building, the purpose of which is incidental to that of a main use or building on the same lot.
ADMINISTRATIVE OFFICER
The Clerk of the Planning Board for Planning Board matters and the Clerk of the Board of Adjustment for Board of Adjustment matters.
ADVERSE EFFECT
Development designs or existing features on a developer's property or nearby property creating, imposing, aggravating or leading to impractical, unsafe, unsatisfactory or noncomplying conditions, such as a layout inconsistent with the zoning regulations; insufficient street width; unsuitable street grade; unsuitable street location; inconvenient street system; inadequate utilities such as water, drainage, shade trees and sewerage; unsuitable size, shape and location of any area reserved for public use or land for open space in a planned development; infringement upon land designated as subject to flooding; and the creation of conditions leading to soil erosion by wind or water from excavation or grading; all as set forth in N.J.S.A. 40:55D-38 and measured against the design and performance standards of this chapter.
AGE-RESTRICTED RESIDENTIAL COMMUNITY
A comprehensively designed residential development containing dwellings with occupancy limited to at least one member of the household 55 years of age or older with no children under 19 years of age in permanent residence, pursuant to the Federal Fair Housing Amendments Act of 1998 and any amendments thereto, including but not limited to the Housing for Older Persons Act of 1995. Irrespective of the Federal Fair Housing Amendments Act, there shall be no occupancy of any residential unit unless at least one member of the household, who is also a titleholder to the property, is 55 years of age or older.
[Added 6-7-2005 by Ord. No. 14-2005]
APPROVING AUTHORITY
The Planning Board unless a different agency is designated in this chapter.
AUTOMOBILE SERVICE STATION
Land and building providing for the sale of fuel, lubricants and automotive accessories or for maintenance and minor repairs for motor vehicles, excluding body repairs or the storage of inoperable or wrecked vehicles.
BILLBOARD
An off-site lettered or pictorial advertising sign.
BUILDING COVERAGE
The area of a lot covered by buildings.
BUILDING HEIGHT
The vertical distance measured to the highest point of the building from the average elevation of the finished grade five feet from the foundation.
A. 
A self-propelled vehicular structure built as one unit on a chassis and designed for temporary living for travel, recreation, vacation or other short-term use which may contain cooking, sleeping and sanitary facilities.
B. 
An immobile structure built on a chassis and containing cooking and sleeping facilities for travel, recreation, vacation or other short-term use and designed to be towed by another vehicle.
C. 
A portable, vehicular structure built on a chassis, designed for camping, the body of which is rectangular with a flat top not more than four feet above the surface of the ground. It is designed to have a temporary tent erected above the four-foot level for camping activities.
CARTWAY
The paved surface of a street, such as the portion between curbs or the portion between the edges of the paved width where there are no curbs.
CLUSTER DEVELOPMENT
A development technique based on a density of dwelling unit(s) per acre. The permitted number of dwelling units is clustered onto one or more portions of the overall tract on reduced lot sizes so that individual segments of the tract have higher densities, provided that other portions of the tract are left in open space or common property so that the gross density limitation of the entire tract is not exceeded.
COMMON PROPERTY
Land or water, or a combination, together with improvements, within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development. Common property includes common open space and may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
DENSITY
A number expressing dwelling units per gross acre of land.
DWELLING, DUPLEX
A building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof.
[Added 6-7-2005 by Ord. No. 14-2005]
DWELLING, MULTIFAMILY
A building occupied or intended for occupancy as separate living quarters for two families or more than two households, with direct access from the outside for each family or household or through a common hall, and further provided that separate cooking, sleeping and sanitary facilities are provided for the exclusive use of the occupants of each dwelling unit.
[Added 6-7-2005 by Ord. No. 14-2005]
DWELLING, SINGLE-FAMILY
A detached building containing one dwelling unit.
DWELLING UNIT or DWELLING
A room or series of connected rooms containing living, cooking, sleeping and sanitary facilities for one family.
[Amended 11-6-1989 by Ord. No. 15-89]
FAMILY
One or more persons living and cooking together as a single, nonprofit housekeeping unit, exclusive of household servants.
FLOOR AREA RATIO
The ratio of gross floor area to the lot area.
GARDEN APARTMENT
A building containing four or more apartments, such building having a maximum height of two stories, except as permitted in § 94-38.
GROSS FLOOR AREA
The total floor area in a structure measured around the outside of the building at each story. If sharing a common wall, the area shall be measured from the center of interior walls and the outside of exterior walls. In residential uses the gross floor area shall exclude the areas of the garage, attic, open porch or patio, cellar, utility areas, heating and cooling rooms and all portions of floor areas which have a ceiling height above them of less than 7.5 feet. In nonresidential structures, the gross floor area shall exclude areas used for utility, heating, cooling and other mechanical equipment, but shall include all other areas including cellars, warehousing and storage areas, regardless of ceiling height.
GROUND-MOUNTED SOLAR ARRAY
A solar energy system, as defined herein, that is mounted on armatures anchored to the ground with ground cover beneath.
[Added 8-16-2011 by Ord. No. 5-2011]
HOME OCCUPATION
An occupation conducted or based in the single-family residence occupied by its proprietor or operator of a service character such as tailoring, beauty care or family day-care home, as defined in N.J.S.A. 40:55D-66.5b, further including a home workshop, storage and assembly area for building trades, such as plumbing, carpentry and electrical work performed off site, further including bench-top model making, bench-top repair and bench-top assembly work, but specifically excluding light manufacturing, kennels, any transportation terminal or depot use, automobile or other motor vehicle repair or small engine repair, and junkyards or the collection of scrap metals or recyclable materials.
[Amended 12-2-1997 by Ord. No. 15-97]
HOME OFFICE
An office conducted in the single-family residence occupied by its proprietor or operator which does not involve the presence of customers at the office or the transmission of goods other than documents, either electronically or by mail, to or from the office.
[Added 12-2-1997 by Ord. No. 15-97]
HOMEOWNERS' ASSOCIATION
A nonprofit corporation operating under a recorded land agreement through which each lot or dwelling unit owner shall be a member; the owner of each dwelling unit is subject to a charge for a proportionate share of the organization's expenses for activities and maintenance, including any maintenance costs levied against the association by the township; and each owner and tenant has a right to use the common property.
HOME PROFESSIONAL OR BUSINESS OFFICE
An office conducted in the single-family residence occupied by its proprietor or operator, including home professional offices and home business offices involving the presence of customers, patients or clients at the office but not involving the retail sale of goods on site and not involving the rendering of personal care services, such as beauty care, hair care or the like.
[Added 12-2-1997 by Ord. No. 15-97]
INDUSTRIAL OR OFFICE PARK
A tract comprehensively planned for industrial or office uses, whether or not the buildings are erected in one development stage or over a period of time, but where the streets, utilities and lots and/or tenant's parcels are set forth for the entire tract prior to construction of any portion of the tract. As development takes place, changes may be made in the plans for the undeveloped section(s), provided that the modifications conform to logical extensions of installed segments of streets, drainage, utilities and other facilities. Parks with no subdivided lot shall have buildings spaced so that the mortgage and/or lease lines conform to the requirements for lot lines to establish conformance with this chapter for such matters as building setbacks, buffers, driveway locations and distances between buildings.
JUNKYARD
Any area of land, with or without buildings, devoted to the storage, keeping or abandonment of junked motor vehicles, junk or debris, whether or not it is in connection with the dismantling, processing, salvage, sale or other use or disposition thereof of any material whatsoever.
LOADING SPACE
An off-street berth on the same lot as the building being served for the temporary parking of a vehicle while loading or unloading.
LOT AREA
The area contained within the lot lines, but not including any portion of a street. The minimum lot area of a lot fronting on a street proposed to be widened in the adopted Master Plan shall be the minimum area required for the district in which it is located plus the additional area needed to anticipate the widening of the street. See Article VII for additional qualifications on the measurement of lot area.
LOT COVERAGE
The area of a lot covered by buildings and paved surfaces.
LOT DEPTH
The shortest horizontal distance between the front and rear lot lines measured from the midpoint of the front line to the midpoint of the rear lot line.
LOT FRONTAGE
The horizontal distance between the side lot lines measured along the street lines. The minimum lot frontage shall be the same as the lot width, except that, on curved alignments with an outside radius of less than 500 feet, the lot frontage may be reduced to 75% of the required minimum lot width.
LOT LINE
Any line, including the street line, forming a portion of the exterior boundary of a lot.
LOT WIDTH
The distance between side lot lines measured parallel to the street line at the minimum building setback.
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision.
MINOR SUBDIVISION
A subdivision of land that does not adversely affect the development of the remainder of the tract or any adjoining property and does not involve the creation of more than three lots fronting on an existing improved street and including the remainder of the original lot; any new street; or extension of any off-tract improvement.
OFFICE
A place for the transaction of business where reports are prepared and records are kept, but where no retail sales of goods are offered and where no manufacturing, assembling or fabricating takes place.
OFF-SITE AND OFF-TRACT IMPROVEMENTS
Improvements made outside the lot in question or outside the original tract, respectively, to accommodate conditions generated by a proposed development, including but not limited to new improvements and extensions and modifications of existing improvements.
110% PRODUCTION
An energy system produces up to 110% of the energy that the principal use consumes on average in a year.
[Added 8-16-2011 by Ord. No. 5-2011]
PERMITTED USE
Any use of land or buildings permitted by this chapter.
PLAT, FINAL
The plat of all or a portion of the development submitted for final approval and, if approved as a subdivision, shall be filed with the County Recording Officer within the required time, otherwise the approval shall be void.
PLAT, INFORMAL
The plat submitted for purposes of classification and discussion.
PLAT, PRELIMINARY
The plat submitted as a part of the application for preliminary approval.
PRINCIPAL USE
The main purpose for which any lot and/or building is used.
PRIVATE SCHOOL
An institution of education whose general course work is comparable to the public school system and whose curriculum is approved by the New Jersey Department of Education or the New Jersey Department of Higher Education.[1]
PUBLIC PURPOSE
The use of land and/or buildings by a municipal, county, state or federal agency or authority.
REQUIRED IMPROVABLE AREA
A contiguous area of a lot within the building envelope which does not contain existing or proposed street rights-of-way, wetlands and their associated transition areas as determined and/or verified by the New Jersey Department of Environmental Protection, floodplains, severe slopes, critical slopes, stormwater detention and/or retention facilities, existing easements which preclude structures and areas of zero to one-foot seasonal high-water table, based upon the Warren County Soil Survey. The areas of contiguity shall have a minimum width dimension of 50 feet. Required improvable areas shall be accessible to frontage on a street.
[Added 2-17-2004 by Ord. No. 4-2004]
RESTAURANT
A commercial establishment where food and drink are prepared, served and consumed. As used in this chapter, a restaurant shall not include a fast-food restaurant as defined herein.
RESTAURANT, FAST-FOOD
A commercial establishment where food and drink prepared for immediate consumption are purchased at a counter and either eaten on the premises, in the purchaser's automobile or off the premises. Those restaurants where food is consumed only at tables on the premises and served by waiters and waitresses shall not be deemed fast-food restaurants. Fast-food restaurants shall also not include those retail stores where food is primarily sold for preparation and consumption elsewhere, although, as a secondary use of the premises, prepared food may also be sold over the counter for immediate consumption, such as a delicatessen.
RIGHT-OF-WAY
The total width and length of the course of a street, watercourse, utility alignment or other way, and within, under or over which all improvements and rights of access are confined.
ROOFTOP SOLAR ARRAY
A solar energy system, as defined herein, that is mounted to the roof of a building or structure.
[Added 8-16-2011 by Ord. No. 5-2011]
SETBACK LINE
A line parallel to a street line or lot line beyond which a building does not project. The minimum yard requirements shall be the minimum required setbacks. All setbacks from public streets shall be measured from the proposed right-of-way as shown on the adopted Master Plan.
SHOPPING CENTER
A tract comprehensively planned for two or more retail businesses, whether or not the building(s) are erected in one development stage or over a period of time, but where the access, parking, buildings, utilities and lots and/or tenants' parcels are set forth for the entire tract prior to construction of any portion of the tract. Where there is more than one building, each building shall be spaced as if they were to be on separate lots in order to establish conformance with this chapter for such matters as building setbacks, buffers, driveway locations and distance between buildings.
SIGHT TRIANGLE
A triangular area at the quadrants of street intersections where unobstructed visibility is maintained along the intersecting street.
SIGN
Any announcement, display or illustration placed to be seen from any street or public way.
SIGN AREA
The square footage of the structure, board, surface, material, flag or banner, including any boundary, edge or rim, to the outermost border thereof, and in the case of cloth or other flexible materials measured when the same are stretched to their largest extent. A flat sign having two faces, commonly referred to as "double-faced signs," shall be permitted.
[Added 11-27-1984 by Ord. No. 20-84]
SIGN, PERMANENT
Any announcement, display or illustration placed to be seen from any street, public way or area open to the public, which may or may not have ongoing or intermittent basis for an unlimited period of time.
[Added 11-27-1984 by Ord. No. 20-84]
SIGN, TEMPORARY
Any announcement, display or illustration placed so as to be seen from any street, public way or other area open to the public erected for a limited time and, after the passage of such limited time, permanently removed.
[Added 11-27-1984 by Ord. No. 20-84]
SITE PLAN APPROVAL
A requirement that the minor or major site plan be approved by the approving authority prior to the issuance of a building permit or certificate of occupancy.
SITE PLAN, EXEMPT
Single-family and two-family dwellings, unless such dwellings involve a home occupation. Building alterations which do not involve a change in use or additional parking or additional building area shall be exempt.
SITE PLAN, MAJOR
All site plans for new developments and those site plans not defined as minor or exempt.
SITE PLAN, MINOR
A nonexempt site plan for development where all of the following conditions are met:
A. 
Requiring no more than five additional parking and/or loading spaces as specified by this chapter.
B. 
Adding no more than 500 square feet of building floor area.
C. 
Adding not over 10% more lot coverage.
[Amended 11-6-1989 by Ord. No. 15-89]
SITE PLAN REVIEW
The examination of the specific development plans for a lot.
SLOPES, CRITICAL
Slopes having a gradient greater than 25%.
[Added 2-17-2004 by Ord. No. 4-2004]
SLOPES, SEVERE
Slopes having a gradient of 15% and not greater than 25%.
[Added 2-17-2004 by Ord. No. 4-2004]
SMALL SOLAR ENERGY SYSTEM
A solar energy system, as defined herein, that is used to generate electricity and has a nameplate capacity of 100 kilowatts or less.
[Added 8-16-2011 by Ord. No. 5-2011]
SMALL WIND ENERGY SYSTEM
A wind energy system, as defined herein, that is used to generate electricity and has a nameplate capacity of 100 kilowatts or less.
[Added 8-16-2011 by Ord. No. 5-2011]
SOLAR ENERGY SYSTEM
A solar energy system and all associated equipment which converts solar energy into a usable electrical energy, heats water or produces hot air or other similar function through the use of solar panels.
[Added 8-16-2011 by Ord. No. 5-2011]
SOLAR PANELS
A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of a solar energy system.
[Added 8-16-2011 by Ord. No. 5-2011]
STREET LINE
The edge of the existing or future street right-of-way, whichever is wider, as shown on an adopted Master Plan or Official Map or as required by this chapter, forming the dividing line between the street and the lot.
TOWNHOUSE
One dwelling unit in a row of three or more attached dwelling units.
TRACT
One or more lots. Existing streets shall not be included in calculating the area of the tract.
UTILITY
Services, including, but not limited to, sewage treatment, water supply, gas, electric, telephone and cable television.
WIND ENERGY SYSTEM
A wind turbine and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component necessary to fully utilize the wind generator.
[Added 8-16-2011 by Ord. No. 5-2011]
WIND TURBINE
Equipment that converts energy from the wind into electricity. This term includes base, blade, foundation, nacelle, rotor, blades, tower, transformer, vane, wire, inverter, batteries or other components to store and/or transfer energy.
[Added 8-16-2011 by Ord. No. 5-2011]
YARD
An open space extending between the closest point of any building and a lot line or street line. All yard dimensions shall be measured horizontally and at right angles to either a straight street line, lot line or building facade or perpendicular to the point of tangent of curved lines and facades.
YARD, FRONT
The area extending across the full width of a lot between the street line and a line parallel to the street line through the nearest point of the principal building.
YARD, REAR
The area extending across the full width of the lot between the rear lot line and a line parallel to the street line through the nearest point of the principal building to the rear lot line.
YARD, SIDE
The area extending from the front yard to the rear yard and lying between each side lot line and the building.
[1]
Editor's Note: The former definition of "professional office," which immediately followed this definition, was repealed 12-2-1997 by Ord. No. 15-97.