Non-water-soluble, nondecomposable, inert solids such as soil, subsoil, topsoil, sand, clay, loam, gravel, humus, rock, traces of concrete, brick, glass, and/or clay or ceramic products, free of construction/demolition debris, garbage, refuse, or sludge and not containing concentrations of one or more contaminants that exceed the New Jersey Department of Environmental Protection (NJDEP) Residential Direct Contact Soil Remediation Standards or Non-Residential Direct Contact Soil Remediation Standards, whichever is more stringent, as set forth in N.J.A.C. 7:26D (Remediation Standards).

A building, structure or use which is customarily associated with and is subordinate and incidental to the principal building, structure or use and which is located on the same lot therewith, including, but not limited to, garages, carports, barns, decks, kennels, sheds, non-portable swimming pools, guest houses and all roofed structures. Any accessory building attached to the principal building shall be considered part of the principal building.

An extension or increase in floor area or height of building or structure.

The Administrative Officer to the Planning Board or Zoning Board of Adjustment.

Conditions or situations created by a proposed development that impose, aggravate or lead to impractical, unsafe or unsatisfactory conditions on properties such as, but not limited to, inadequate drainage facilities, unsuitable street grades, insufficient street widths, street locations that fail to compose an effective circulation system, failure to provide or make future allowances for access to the interior portion of adjoining lots or for other facilities required by this chapter, and danger from fire, flood, erosion or other menace.

For the purposes of supporting common farm site activities, including but not limited to the production, harvesting, storage, grading, packaging, processing, and the wholesale and retail marketing of crops, plants, animals, and other related commodities and the use and application of techniques and methods of soil preparation and management; fertilization; weed, disease, and pest control; disposal of farm waste; irrigation, drainage and water management; and grazing.

As applied to a building or structure, a change or rearrangement in the structural parts or in the means of egress; or an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another.

Any change in, or additions to, the supporting members of a building such as columns, foundations, walls, girders, beams or rafters.

In the context of signage for a Planned Shopping Complex optional development alternative, a large nonresidential use, such as a department store, supermarket, hotel, or theater, which is prominently located in a shopping complex to attract customers who are then expected to patronize the other shops in the complex.

A building, or portion thereof, designed for occupancy by three or more families living independently of each other in individual dwelling units, and each including its own separate kitchen and bathroom accommodations.

Any “person,” as defined below, that is the landowner, agent, optionee, contract purchaser or other person authorized in writing to act for the landowner submitting an application under this chapter.

The Application Coordinator of the Township of Montgomery, Somerset County, New Jersey.

The application or appeal forms, together with the required fees and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction for issuance of a permit pursuant to N.J.S.A. 40:44D-34 or N.J.S.A. 40:44D-36.

A business that provides servicing and repair of automobiles, that may include incidental body and fender work, minor painting and upholstery service, affiliated with and operated by a car dealership that is located in the HC Zoning District.

A building, accessory to a farm, which is used in connection with the storage, raising, and/or harvesting of crops, feed, livestock, farm equipment, agricultural produce and/or hay.

That portion of a building partly below and partly above grade, where the ceiling averages four feet, or more than four feet, above the finished grade where such grade meets the outside walls of the building.

A room planned or used primarily for sleeping.

Any structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes other than on a building or the grounds to which the advertising applies. Billboards are prohibited in all districts.

The Planning Board or the Zoning Board of Adjustment of the Township of Montgomery, as the case may be.

A building, other than apartment buildings or townhouses, or part thereof arranged or used for lodging, with or without meals, for compensation, monetary or otherwise, and not occupied as a single housekeeping unit. Boarding houses are prohibited in all districts.

A structure designed to convey motorized/nonmotorized vehicles and/or pedestrians over a watercourse, railroad, street or other obstacle or depression.

A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.

The vertical distance measured to the highest point of a building from the mean elevation of the finished grades along all sides of the building, provided that if the finished grade is higher than the predevelopment grade at any point beneath the building, then the building height shall be measured from an elevation no higher than one foot above the highest point of the predevelopment grade beneath the building. In all cases where this chapter provides for height limitations by reference to a specified height and a specified number of stories, the intent is to limit height to the specified maximum footage and the specified number of stories within said footage.

The diameter of a tree trunk measured in inches at a point six inches above natural grade for trees with trunks four inches or less in diameter, and at a point 12 inches above natural grade for trees with trunks greater than four inches in diameter. This measurement is a nursery term used to determine the tree size for proposed planting.

The hard or paved surface portion of a street customarily used for vehicles in the regular course of travel. Where there are curbs, the cartway is that portion between the curbs. Where there are no curbs, the cartway is that portion of the paved or graded width.

That portion of a building partly below and partly above grade, where the ceiling averages less than four feet above the finished grade where such grade meets the outside walls of the building.

Antennas which are used for the transmission and reception of wave frequencies for the purposes of telephone, radio, paging and/or television communication and which are permitted as conditional uses in accordance with the specific zoning conditions and standards for their location and operation included within this chapter. For the purposes of this chapter, "cellular antennas" shall not be considered to be a "public utility."

Any facility which is maintained for the care, development and supervision of six or more children who attend the facility for less than 12 hours a day and which offers such programs as child care centers, day care centers, drop-in centers, day nursery schools, play schools, cooperative child centers, centers for children with special needs, infant-toddler programs, employment related centers, and/or kindergartens that are not an integral part of a private educational institution or system offering elementary education in grades kindergarten through sixth. A child care center shall not offer programs operated in the day care center by a public or private day school of elementary and/or high school grade, special activity programs for children, youth camps, and/or religious classes or centers.

Any private residence in which child care services are regularly provided to no less than three and no more than five children for no less than 15 hours per week. A child being cared for under the following circumstances is not included in the total number of children receiving child care services:

A parcel or parcels of land or an area of water, or a combination of land and water, together with the improvements thereon and designed and intended for the ownership, use or enjoyment of the residents and owners of the development. Common property may contain such complementary structures and improvements as are necessary and appropriate for the benefit of the residents and owners of the development.

Any community residential facility licensed pursuant to P.L. 1977, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, half-way houses, intermediate care facilities, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility, within the meaning of the Health Care Facilities Planning Act, P.L. 1971, c.136 (N.J.S.A. 26:2H-1 et seq.). In the case of a community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliate agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services. "Developmentally disabled person" means a person who is developmentally disabled as defined in Section 2 of P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.). In the case of a community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliate agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services. "Developmentally disabled person" means a person who is developmentally disabled as defined in Section 2 of P.L. 1977, c. 488 (N.J.S.A. 30:11B-2). "Mentally ill person" means a person who is afflicted with a mental illness as defined in N.J.S.A. 30:4-23, but shall not include a person who has been committed after having been found guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.

Any shelter approved for a purchase of a service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, c.337 (N.J.S.A. 30-40-1-14) providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.

An application for development shall be complete for purposes of commencing the applicable time period for action by the Planning Board or Zoning Board of Adjustment, as the case may be, when so certified by the Board or Development Review Committee. In the event the application is not certified to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period for action by the Board unless: (a) the application lacks information indicated on a checklist adopted by ordinance and provided to the applicant; and (b) the Board or Development Review Committee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the Board or Development Review Committee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error and submission of additional information not specified in the ordinance 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 have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Board.

A use permitted in a particular zoning district only upon showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as specified in this chapter.

An easement in favor of the Township for the purpose of preserving open space, aquatic buffers and/or the natural, scenic, agricultural, aesthetic, or historic value of land and precluding any building on the premises.

The Director of Facilities and Development of the Township of Montgomery, Somerset County, New Jersey, or such other individual designated by the Township Committee.

Mixed waste building material and rubble resulting from construction, remodeling, repair, and demolition operations on houses, commercial buildings, pavements, pools, hardscape, and other structures that includes, but is not limited to, treated and untreated wood scrap; tree parts, tree stumps and brush; plaster and wallboard; roofing materials; corrugated cardboard and miscellaneous paper; ferrous and nonferrous metal; non-asbestos building insulation; plastic scrap; carpets and padding; and other miscellaneous materials.

Any property, including but not limited to structures, sediment, soil and water, that contains a contaminant which is present at such levels or concentration as to require action pursuant to any federal or state statutes or regulations.

Any soil/fill containing contaminants exceeding the current requirements for the most stringent concentrations between the Non-Residential and Residential Direct Contact Soil Remediation Standards pursuant to N.J.A.C. 7:26D (Remediation Standards).

The square footage or other area measurement by which all buildings occupy a lot as measured in a horizontal plane around the periphery of the foundation and including the area under any roof extending more than two feet beyond the foundation.

The square footage or other area measurement by which all buildings and impervious surfaces cover a lot as measured in a horizontal plane to the limits of the impervious area(s). Impervious surfaces include roofs and asphalt, all surfaced parking areas, driveways and walkways, pools, decks, patios, all required parking areas which are permitted to remain unsurfaced and all gravel driveways and walkways shall be included in the computation of lot coverage.

See Sections 16-15 and 16-16.

Calendar days.

An appropriation or giving up of property to public use, which precludes the owner or others under him from asserting any right of ownership inconsistent with the use for which the property is dedicated.

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

A committee comprised of the Township Planner, Engineer, Administrative Officer, Zoning Officer and other appointed by the Township Committee that reviews development applications for completeness and also for the purpose of rendering advice to the Board on the applications.

The diameter of the trunk of an existing tree generally measured at a point 4 1/2 feet above ground level from the uphill side of the tree.

The placement or reconstruction of lot coverage, impervious surface or motor vehicle surface, or exposure and/or movement of soil or bedrock, any activity involving clearing, cutting, removing vegetation, grading, transporting, storing or filling of land, development, and any other activity which causes land to be exposed to the danger of erosion.

The removal of surface water or groundwater from land by drains, grading, or other means.

The lands required for the installation and maintenance of stormwater and sanitary sewers, water pipes or drainage ditches and other utilities, or lands required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.

Sediments removed from under a body of water such as, but not limited to, a lake, stream, and/or river, removed during a dredging operation that are displaced or removed to another location.

The outermost limits of tree branches depicted as a line on the ground. When the outer limits of the branches are unclear, the drip line shall be presumed to be located 1 1/2 feet from the center of the trunk of a tree for each inch of the trunk DBH.

A means of ingress and egress for vehicles to and from a property.

A room or series of connected rooms designed for permanent residency containing living, cooking, sleeping and sanitary facilities for one housekeeping unit. The dwelling shall be self-contained and shall not require the use of outside stairs, passing through another dwelling unit or indirect route(s) to get to any portion of the dwelling unit, nor shall there be shared facilities with another housekeeping unit. The keeping of livestock or poultry in a dwelling unit is prohibited.

A residential structure for which a foundation and footing building permit on an approved residential lot within a finally approved development may be issued prior to the completion of all required infrastructure improvements, up through and including the base course of bituminous concrete paving.

A right to use the real property of another created by deed or other legal means, for the benefit of private persons or the public, for one or more specific purposes such as access, drainage, conservation, or provision of utility services.

The Montgomery Township Engineer or their designee.

The detachment and movement of soil or rock fragments by water, wind, ice or gravity.

A plan which fully indicates necessary land treatment measures, including a schedule of the timing for their installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be in accordance with standards adopted by the Soil Conservation Committee of the Department of Agriculture, State of New Jersey.

Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.

The same as housekeeping unit.

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

The relatively flat area adjoining the channel of a natural stream which has been or may be hereafter covered by flood water.

The ratio of the gross floor area to the area of the lot or tract.

The plan projection of all roofed areas on a lot multiplied by the number of full stories under each roof section, provided that the area under any roof overhang of 2 feet or less shall not be included in the G.F.A. calculation. Basements which satisfy applicable construction code definitions of habitable space are included in the G.F.A. for nonresidential uses.

The finished and heated area fully enclosed by the inside surfaces of walls, windows, doors and partitions and having a headroom of at least 6 1/2 feet including working, living, eating, cooking, sleeping, stair, hall, service and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories and unfinished attics and basements.

An accessory building for the storage of motor vehicles regularly operated by occupants of the principal building and in which no occupation, business or service for profit is carried on. Said garages shall have solid floors (as opposed to dirt or gravel floors) and shall be limited in capacity to three vehicles.

Any building, premises and land in which, or upon which, a business, service or industry involving the maintenance, servicing, repair or painting of vehicles is conducted or rendered.

A retail business of which the principal sales are garden and landscaping related products.

The slope of a road, path, driveway, swale or other surface, or the average finished ground elevation adjoining a building at project completion.

Dig, excavate, move, remove, place, deposit, fill, grade, regrade, strip, level, or otherwise alter, change the location, contour, transport, or supply soil/fill.

An event promoting the opening of new business, the reopening of a business temporarily closed for renovations or improvements, the opening of an existing business under new management or ownership, or the opening of an existing business in a new and/or expanded location.

A climate-controlled space in a structure for living, sleeping, eating, cooking, or recreation, or combination thereof. Bathrooms, closets, halls, storage or utility space, and similar areas are not considered habitable spaces.

A business conducted in or from a single-family detached dwelling unit and/or its permitted accessory buildings or structures, which business is clearly subordinate and ancillary to the principal single-family residential use of the property and which business meets the requirements specified in Subsection 166.8 of this chapter. For purposes of this chapter, the term "home occupation" also shall include "family day care homes" and "child care residences".

See "agricultural."

A building or group of buildings consisting of individual sleeping units designed for transient travellers and not for permanent residency.

One or more persons living together in one dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a non-profit basis.

In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey or, in the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire, or enjoy property is or may be affected by any action taken under the provisions of this chapter, or whose rights to use, acquire, or enjoy property under the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) or this chapter, or under any other law of this State or of the United States have been denied, violated or infringed upon by an action or a failure to act under the provisions of this chapter.

A plant reproducing outside its native range and outside cultivation that disrupts naturally occurring native plant communities by altering structure, composition, natural processes or habitat quality. Invasive plants are those plants recognized by the New Jersey Department of Environmental Protection Appendix to Policy Directive 2004-2 Invasive Non-Indigenous Plant Species, October 2004 or the latest directive emanating from NJDEP Appendix to Policy Directive 2004-2, and those on the most recent New Jersey Invasive Species Strike Team “Do Not Plant List.”

Any space, whether inside or outside a building, used for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition, salvage, resale or abandonment of automobiles or other vehicles or machinery or parts thereof. Junkyards are prohibited in all districts.

Any ground, soil or earth, including marshes, swamps, drainage-ways and areas not permanently covered by water within the Township.

Any activity involving the fabrication, reshaping, reworking, assembly or combining of products, parts and/or materials:

An off-street parking space or berth on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading or unloading.

Any designated parcel, tract or area of land, separated from other parcels, established by a plat, subdivision, deed, survey, metes and bounds description, and/or otherwise as permitted by law and to be used, developed or built upon as a unit; provided that no portion of an existing public street shall be included in calculating a lot boundary or lot area. The word "lot" includes the words "plot" and "premises."

The area contained within the lot lines of a lot not including any portion of a street right-of-way.

A lot abutting the intersection of two or more streets, where the interior angle of intersection does not exceed 135°. Each corner lot shall have two front yards, one side yard and one rear yard, the side and rear yard to be designated at the time of application for a construction permit.

The perpendicular distance between the street line or front lot line and a line drawn parallel thereto through the midpoint of the rear lot line.

The distance between the side lot lines measured along the street line. The minimum lot frontage shall be the same as the minimum lot width, except that where the lot frontage in its entirety is a curve with an outside radius of less than 500 feet, the minimum frontage shall not be less than 75% of the minimum lot width. In the case of a corner lot either street line may be considered the lot frontage, provided that it equals or exceeds the minimum frontage requirements of this chapter for the land in question.

A lot other than a corner lot.

Any line forming a portion of the exterior boundary of a lot and the same line as the street line for that portion of a lot abutting a street.

The straight line horizontal distance between side lot lines at setback points on each side lot line measured from the street line at the minimum required building setback line. When the side lot lines are not parallel, the minimum lot width at the setback line shall not be less than 75% of the minimum lot frontage for the zoning district in which the lot is located.

Any security, in accordance with the requirements of this chapter, which may be accepted subject to review and approval by the Township Attorney for the maintenance of any improvements required by this chapter.

A single family detached dwelling, apartment or townhouse unit or building of the type to be sold located on an approved residential lot or location within a finally approved development. The model may also be used to conduct sales for dwelling units in accordance with the provisions of this chapter and only during the period necessary for the sale of new dwellings within such subdivision, provided that the dwelling units for sale are only within the development where the model is located.

The Planning Board, Board of Adjustment or Township Committee, or any other agency created or responsible to one or more municipalities, when acting pursuant to N.J.S.A. 40:55D-1 et seq.

Appropriate indigenous vegetation found in the natural community that is suited to the soil, topography, and hydrology of a particular site.

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

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

A use or activity which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

Any offensive, annoying, unpleasant or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion or disturbance of another's rights, including the actual or potential emanation of any physical characteristics of activity or use across a property line which can be perceived by a human being, or the generation of 'an excessive or concentrated movement of people or things, such as but not limited to noise, dust, smoke, fumes, odor, glare, flashes, vibrations, shock waves, heat, debris, litter, trash sites, electronic or atomic radiation, effluent, noise of congregation or people especially at night, vehicular traffic, transportation of things by truck, rail or other means, invasion of non-abutting street frontage by parking, the obscuring or masking of adjacent or nearby property by projecting signs, marquees or canopies, or any adverse effect on value or desirability of nearby property caused by such matters as appearance, exposed storage of inoperable automobiles, junk, materials and neglect or dilapidation of lands or building.

Located outside the lot lines of the property in question but within the property (of which the lot is a part) which is the subject of a development application, or on a contiguous portion of a street right-of-way or drainage or utility easement.

Not located on the property which is the subject of a development application or on a contiguous portion of a street right-of-way or drainage or utility easement.

A space accommodating any or all of the following: executive, general corporate and clerical activities, research and consumer product development connected with service industries, such as financial, insurance, and banking; development of computer software; demographic, economic and statistical research; and activities of a similar character.

Located on the lot in question.

A system for the disposal of sanitary sewage into the ground which is so designed and constructed to treat sewage in a manner that will retain most of the settleable solids in a septic tank and to discharge the liquid portion to an adequate disposal field.

Located on the property which is the subject of a development application or on a contiguous portion of a street right-of-way or drainage or utility easement.

An incorporated, nonprofit organization operating in a planned development under recorded land agreement providing that: (a) each owner is automatically a member; (b) each occupied dwelling unit is automatically subject to a charge for proportionate share of expenses for the organization's activities and maintenance, including any maintenance costs levied against the organization by the Township; and (c) each owner and tenant has the right to use the common property.

In the context of signage for a Planned Shopping Complex optional development alternative, a freestanding, single-use, non-residential building location. Pad-sites usually contain banks, casual dining, and fast food restaurants.

Any area of not less than nine feet wide by 20 feet in length, or 12 feet wide by 20 feet in length in the case of handicapped parking spaces, either within a structure or in the open, for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes and public rights-of-way; except that the length of a parking space may be reduced to 18 feet in length, subject to the approval of the Board in those instances where a two foot overhang area exists beyond a curb and where such overhang does not interfere with any proposed and/or required landscaping. The width and length of each space shall be measured perpendicular to each other regardless of the angle of the parking space to the access aisle or driveway.

Any security, in accordance with the requirements of this chapter, which may be accepted subject to review and approval by the Township Attorney in lieu of a requirement that certain improvements be completed prior to final approval of a development application, including performance bonds, letters of credit, escrow agreements and other similar collateral or surety agreements.

The official document issued by the Township Engineer or their designee approving the application for import, export, and/or transfer of soil/fill to, from, or within Montgomery Township.

Any use of land or buildings as permitted by this chapter.

An individual, resident, partnership, corporation, company, firm, association, agency, or any other entity recognized by law, including its agents or employees.

A building, structure or use which is the main or primary building, structure or use on the lot.

A street that is not publicly maintained or not intended to be publicly maintained.

The record holder of title.

The use of land or buildings by the governing body of the Township or any officially created authority or agency thereof.

Any development of a previously developed area.

As defined in the Technical Requirements for Site Remediation (Technical Requirements) at N.J.A.C. 7:26E-1.8, those actions taken at a contaminated site as may be required by the New Jersey Department of Environmental Protection (NJDEP), including, without limitation, removal, treatment measures, containment, transportation, securing, or other engineering or institutional controls, whether to an unrestricted use or otherwise, designed to ensure that any contaminant is remediated in compliance with the applicable remediation standards. A remedial action continues as long as an engineering control or an institutional control is needed to protect the public health and safety and the environment, and until all unrestricted use remediation standards are met.

As defined in the Technical Requirements at N.J.A.C. 7:26E-1.8, all necessary actions to investigate and cleanup or respond to any known, suspected, or threatened discharge, including, as necessary, the preliminary assessment, site investigation, remedial investigation and remedial action; provided, however, that "remediation" or "remediate" shall not include the payment of compensation for damage to, or loss of, natural resources.

A facility designed and used for research and engineering activities involving scientific investigations, engineering studies and consumer product development of types other than carried on in offices (see definition of "offices") and similar activities, but excluding the manufacturing, sale, processing, warehousing, distribution or fabrication of materials, products, or goods except as incidental to the principal permitted uses.

A development of apartment and/or townhouse residential living units exclusively for single persons who are 60 years of age or older, or for households with at least one person being 60 years of age or older, with ancillary and directly related facilities to be primarily used by the residents of the development, including health care services, dining facilities, recreational facilities, and other ancillary facilities deemed appropriate by the reviewing authority and in accordance with the applicable provisions of this chapter.

A residential unit situated on a floor above permitted nonresidential uses where specifically permitted in accordance with the applicable provisions of this chapter.

A development of apartment dwelling units exclusively for single persons who are 60 years of age or older, or for households with at least one person being 60 years of age or older, with ancillary and directly related facilities limited to nursing care, dining facilities and recreational facilities, provided such facilities are used solely by the residents of the development, including those people who only temporarily reside in an apartment for a short time.

A building, accessory to a detached dwelling unit, which is utilized for the storage of tools, lawn and garden equipment and furniture and similar items of personal property owned by occupants of the detached dwelling unit.

Any establishment at which food is prepared, served and sold primarily for consumption on the premises, either within a building or elsewhere on the property, provided that a drive-through window shall be considered as an accessory use to the restaurant requiring conditional use approval by the Township in accordance with the provisions of this chapter.

The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law, or the alteration of streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but not including conveyances so as to combine existing lots by deed or other instrument.

Transitional land areas located between uplands and streams that support surface water ecosystems and help protect streams, lakes, rivers and other waters from environmental degradation.

A center where information concerning the overall development and specific products is conveyed to prospective purchasers, contracts and options are discussed and executed, and normal sales and marketing of development takes place.

Solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site of origin by air, water or gravity as a product of erosion.

Lands and buildings providing for the retail sale of automotive fuel, lubricants, and automotive accessories. A service station also may include the retail sale of goods such as prepackaged food products, household items, newspapers and magazines, and sandwiches and other freshly prepared foods for the convenience of motorists. The maintenance and minor repairs of motor vehicles also may be provided, but no body repairs or painting or the storage of inoperable, wrecked or unregistered vehicles shall be permitted. Additionally, no car wash operation, car or truck rental, parking for a fee or other similar activity shall be permitted.

A line drawn parallel with a street line or proposed street line or lot line and drawn through the point of a building nearest to the street line or lot line. The term "required setback" means a line that is established a minimum horizontal distance from the street line or proposed street line or lot line and beyond which a building or part of a building is not permitted to extend toward the street line or lot line.

A triangular area established in accordance with the requirements of this chapter in which no grading, planting or structure shall be erected or maintained more than 12 inches above the street center line except for street signs, fire hydrants and light standards.

Any building or structure or portion thereof on which any announcement, declaration, demonstration, display, illumination, insignia or other visual communication is used to advertise or promote the interest of any person, products or service when the same is placed in view of the general public. Additional definitions related to signs are located in Subsection 16-5.13b.

Any plot, parcel or parcels of land.

A development plan of one or more lots on which is shown: (1) the existing and proposed conditions of the lot, including but not limited to topography, vegetation, drainage, flood plains, marshes and waterways; (2) the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and (3) any other information that may be reasonably required in order to make an informed determination concerning the adequacy of the plan in accordance with the requirements of this chapter.

A committee of up to six persons comprised of up to four Planning Board members or alternates appointed by the Chairperson of the Planning Board, and up to two Zoning Board of Adjustment members or alternates appointed by the Chairperson of the Zoning Board of Adjustment. The Chairperson of the Planning Board may also appoint additional persons to serve as advisors to the Site Plan Committee as may, in the opinion of the Chairperson, be appropriate. The Site Plan Committee shall review site plan applications prior to action by the Board to determine whether such applications comply with the requirements relating to site plans imposed by this chapter. The Site Plan Committee shall, in its review of site plan applications, consider input received from the Environmental Commission, Shade Tree Committee, Open Space Committee and Landmarks Commission through persons duly appointed by the Chairpersons of said commissions or committees to serve as liaisons to the Site Plan Committee. The Site Plan Committee shall also consider comments received from any other board, committee or commission of the Township on a site plan application.

Material placed at a location for the purpose of filling low areas, changing the contours of an area, stabilizing existing grades and/or raising the grade of an area. Fill typically consists of soil, but may also include but is not limited to non-water-soluble, traces of nondecomposable, inert solids, such as rock, stone, gravel, sand, brick, block, concrete, glass, earth, dirt, clay, loam, ceramic products, and/or any combination thereof. The terms soil and fill may be used interchangeably in this section if used alone.

Somerset-Union Conservation District as organized in accordance with the provisions of Chapter 24, Title 4, of the New Jersey Revised Statutes.

That portion of a building included between the upper surface of any floor and the upper surface of the next floor above it or, if there is no floor above it, then the surface between the floor and the ceiling next above it. For the purpose of this chapter:

Any street, avenue, boulevard, road, parkway, viaduct, drive or other way: (1) which is an existing State, County or Municipal roadway; or (2) which is shown on a plat heretofore approved, pursuant to law; or (3) which is approved as provided by this chapter; or (4) which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street line. For purposes of the design and paving requirements of this chapter for and related to streets, all "private roads" in planned developments shall be considered streets.

The edge of the existing or future street right-of-way, whichever may result in the widest right-of-way, as shown on the adopted Master Plan or Official Map, forming the dividing line between the street and a lot.

A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above, or below the surface of a parcel of land, including but not limited to, buildings, fences, standards, signs, towers, tanks, swimming pools and tennis courts, and excluding on-site wastewater treatment and disposal systems.

In the context of signage for a Planned Shopping Complex optional development alternative, a tenant area/space that ranges in size from 15,000 gross square feet to 25,000 gross square feet.

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 the chapter if no new streets are created: (1) divisions of land found by the Planning Board to be for agricultural purposes when all resulting parcels are five acres or more in size; (2) divisions of property by testamentary or intestate provisions, provided the division is in conformity with the applicable ordinance requirements; (3) divisions of property upon court order including, but not limited to, judgments of foreclosure; (4) consolidation of existing lots by deed or other recorded instrument; and (5) the conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the Administrative Officer to conform to all requirements of the Montgomery Township municipal development regulations and which are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the Township of Montgomery. The term "subdivision" shall also include the term "resubdivision".

A committee of up to six persons comprised of up to four Planning Board members or alternates appointed by the Chairperson of the Planning Board, and up to two Zoning Board of Adjustment members or alternates appointed by the Chairperson of the Zoning Board of Adjustment. The Chairperson of the Planning Board may also appoint additional persons to serve as advisors to the Subdivision Committee as may, in the opinion of the Chairperson, be appropriate. The Subdivision Committee shall review subdivision applications prior to action by the Board to determine whether such applications comply with the requirements relating to subdivisions imposed by this chapter. The Subdivision Committee shall, in its review of subdivision applications, consider input received from the Environmental Commission, Shade Tree Committee, Open Space Committee and Landmarks Commission through persons duly appointed by the chairpersons of said commissions or committees to serve as liaisons to the Subdivision Committee. The Subdivision Committee shall also consider comments received from any other board, committee or commission of the Township on a subdivision application.

A use principally engaged in providing meeting space for support groups and counseling services.

A swimming pool that is not permanently installed and meets all of the following criteria: does not require water filtration, circulation and purification; does not exceed 24 inches in depth; does not exceed a water surface of 250 square feet; and does not require braces or supports. Portable swimming pools are not subject to this chapter.

A swimming pool, including but not limited to hot tubs and whirl-pools, and other than a portable swimming pool, that is located on a lot principally used for a dwelling unit by one housekeeping unit, and including all buildings, structures, and equipment appurtenant thereto.

A transportable trailer, installed on a nonpermanent foundation if installation is required, temporarily erected or parked within a finally approved development for use by the contractor(s) for construction offices and/or storage of construction material.

Friable, loamy soil/fill, free of debris, objectionable weeds and stones, typically composed of 2% or more by weight of organic matter, and containing no toxic substance or adverse chemical or harmful physical condition, that has the ability to support vegetation as the top layer of earth.

A single family dwelling in a row of at least three units separated from one another by an unpierced vertical wall from ground to roof.

Township of Montgomery, Somerset County, New Jersey.

An area of land composed of one or more lots adjacent to one another, having sufficient dimensions and area to make one parcel of land meeting the requirements of this chapter for the use(s) intended. The original land area may be divided by one existing public street and still be considered one tract provided that the street is not an arterial road and that a linear distance equal to more than 75% of the frontage of the side of the street having the larger street frontage lies opposite an equivalent linear distance of street frontage on the other side of the street.

A woody perennial plant, typically having a single stem or trunk growing to a considerable height and bearing lateral branches at some distance from the ground.

The area within the dripline of a tree, as the term is defined herein.

A tree farm and/or wholesale grower of deciduous and evergreen trees.

To kill or to cause irreparable damage that leads to the decline and/or death of a tree. This includes, but is not limited to, excessive or improper pruning, application of substances that are toxic to the tree, and improper grading and/or soil compaction within the Tree and Soil Protection Zone that leads to the decline and/or death of a tree. Removal does not include responsible pruning and maintenance of a tree, or the application of tree treatments intended to manage disease, insects, fungi, invasive plant species, or other damaging factors.

A fund established for the administration, planting, maintenance, and other miscellaneous costs associated with the installation of trees, shrubs, or green infrastructure on public rights-of-way and public property in the Township. See Subsection 14-3.13.

Peat moss, organic material, vegetation, leaves, tree stumps, wood chips, sawdust, chemical waste, tires, wooden logs, contaminated soil/fill, or as otherwise determined by the Township Engineer.

The purpose for which land or structure(s) is arranged, designed or for which either land or structure(s) is or may be used, occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

Permission granted to an applicant for development by the Planning Board or the Zoning Board of Adjustment, as the case may be, to depart from the literal requirements of the zoning provisions of this chapter.

Managed or unmanaged areas, groves or stands of trees, i.e., greater than six inches DBH covering an area greater than 1/4 acre; or groves of mature trees greater than 12 inches DBH consisting of more than 10 individual trees within an area of 1/2 acre.

The open space extending across the full width of the lot and lying between the street line and the closest point of any principal building on the lot. The depth of the front yard shall be measured horizontally from a line drawn parallel to the center line of the street, said line being no closer than 44 feet from the center line of an arterial street; 33 feet from the center line of a major collector street; 29 feet from the center line of a collector street; 27 feet from the center line of a minor collector street; and 25 feet from the center line of a local street.

An open space extending across the full width of the lot and lying between the rear lot line and the closest point of the principal building on the lot. The depth of the rear yard shall be measured horizontally and at right angles to either a straight rear lot line or the tangent of curved rear lot lines.

An open space extending from the front yard to the rear yard and lying between each side lot line and the closest point of the principal building on the lot. The width of the required site yard shall be measured horizontally and at right angles to either a straight line or the tangent lines of curved lot lines.

The map referred to in Subsection 16-3.3 of this chapter.

The individual(s) designated by the Township Committee to administer and enforce the zoning provisions of this chapter.