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Piscataway City Zoning Code

§ 21-3

DEFINITIONS.

[1972 Code § 21-3; Ord. No. 06-09 § 6.21-3; Ord. No. 06-45; Ord. No. 08-15; Ord. No. 09-29; Ord. No. 10-05; Ord. No. 11-05 § 1; New; Ord. No. 11-25 § 1; Ord. No. 13-30; Ord. No. 2016-41; amended 6-14-2018 by Ord. No. 18-12; 2-9-2021 by Ord. No. 2021-05; 6-10-2021 by Ord. No. 2021-14; 10-3-2023 by Ord. No. 2023-25; 12-19-2023 by Ord. No. 2023-33]
As used in this chapter:
a. 
General Definitions. For the purpose of this chapter, unless the context clearly indicates a different meaning, the term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action. The word "lot" includes the word "plot;" the word "building" includes the word "structure;" the word "zone" includes the word "district;" the word "occupied" includes the words "arranged" and "designed" and the phrase, "intended to be used."
The term "such as" where used herein shall be considered as introducing a typical or illustrative rather than an entirely exclusive (or inclusive) designation of permitted or prohibited uses, activities, establishments or structures.
b. 
Specific Definitions:
ABANDONMENT
Shall mean the relinquishment of property, or a cessation of the use of the property, by the owner or lessee without any intention of transferring rights to the property to another owner or of resuming the use of the property.
ACCESSIBILITY RAMP
A sloping ramp constructed with a slope greater than 1:12 (one inch of vertical rise for every 12 inches of horizontal length, or run) and must conform to the standard Americans with Disabilities Act (ADA) specifications for ramps.
ACCESSORY STRUCTURE
Shall mean a structure detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use.
ACCESSORY USE or ACCESSORY BUILDING
Shall mean a subordinate use or building which is customarily incidental to a principal use or building on the same lot. In residential zones an accessory building should not exceed 25 feet by 25 feet or 625 square feet. In a residential zone any single property shall be allowed two accessory structures, exclusive of decks.
ACTIVE RECREATION
Shall mean leisure-time activities, usually of a formal nature and often performed with others, requiring equipment and taking place at prescribed places, sites, or fields.
ADMINISTRATIVE OFFICER
Shall mean the Township Clerk for matters pending before the Township Council; the Zoning Officer for matters pending before the Planning Board or Zoning Board of Adjustment.
AFFORDABLE
Shall mean a sales price or rent within the means of a low- or moderate-income household as defined by State or Federal legislation.
AIRPORTS, INCLUDING HELIPORTS
Shall mean an area of land or water, or both, which is used or made available for the landing and takeoff of aircraft, including helicopters, and which may provide facilities for the shelter, security, supply and repair of aircraft and which, as to size, design, surface marking equipment, maintenance, repair and management, meets the minimum requirements for the various classes of airports established by the New Jersey Division of Aeronautics.
ALTERATION
Shall mean a change or rearrangement in a building or the structural parts of an existing facility or an enlargement, whether by extension of a side or by increasing in height or by moving from one location or position to another.
APPLICANT
Shall mean a developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
Shall mean the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to this chapter.
ASSISTED LIVING FACILITY
Shall mean residences for the frail elderly that provide rooms, meals, personal care, and supervision of self-administered medication. They may provide other services, such as recreational activities, financial services and transportation.
AWNING
Shall mean a roof like cover that is temporary or portable in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements and is periodically retracted into the face of the building.
BASEMENT
Shall mean a story partly underground and having more than 1/2 of its height above ground level.
BLOCK
Shall mean a unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways, or any other barrier to the continuity of development.
BOOK EXCHANGE STRUCTURE
Shall mean a cabinet not to exceed 20 inches by 24 inches and mounted on a pole and which cabinet shall not exceed five feet in height. The placement and setback of such structure may be approved in the discretion of the Zoning Officer.
BUFFER ZONE
Shall mean in the instance where the municipal agency determines that a planted buffer area is necessary to protect the general welfare of the adjacent property owners, planted buffer areas shall be installed at a width specified by the municipal agency, but in no case less than 50 feet when a residential area abuts an industrial zone. Buffer areas shall be located completely within the subdivider's property, adjacent to and parallel with the property line, and consisting of either natural existing vegetation or created by the combined use of trees, shrubs or berms designed to continuously limit view of the site from adjacent sites or properties. Plantings shall consist of massed evergreen and deciduous trees and shrubs, planted and maintained in such a fashion that they will produce within two growing seasons a continuous visual screen at least six feet in height. The quantity of natural screening existing on the property shall be taken into consideration upon evaluation of the site plan. Plans for such areas shall be subject to the review and approval of the Township Engineer. No other aboveground construction or use shall be allowed within the boundaries of a buffer area.
BUILDING
Shall mean a combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
BUILDING AREA
Shall mean the horizontal ground area directly under a building, excluding cornices, eaves, gutters or chimneys projecting not more than 18 inches, steps, one-story open porches, bay windows not extending through more than one-story and not projecting more than five feet, balconies and terraces.
BUILDING COVERAGE
Shall mean that area of a lot which is occupied by a building or structure, but not including uncovered walkways, steps, patios, or a parking lot or area or any similar improvements thereto.
BUILDING HEIGHT
Shall mean the vertical dimension measured from the mean elevation of the finished grade at the point of the building to the highest point of the building. The building height shall not include air conditioning equipment, air handling equipment, elevator penthouses, skylights and solar collector systems, provided, however, that such equipment shall not cover more than 5% of the roof area, and shall be shielded by an aesthetic false wall in conformance with the design standard of the Township's Site Plan Ordinance and further provided that such equipment shall not be greater than 12 feet in height nor closer than 12 feet from each roof edge.
BUILDING PERMIT
Shall mean written permission issued by the proper municipal authority for the construction repair, alteration, or addition to a structure.
BULK VARIANCE
Shall mean a departure from any provision of a zoning ordinance except use.
CANNABIS CULTIVATOR
Shall mean a grower, cultivator or producer of cannabis in the State of New Jersey who sells and may transport cannabis to other growers, processors, wholesaler or retailers, but not to consumers.
CANNABIS DELIVERY SERVICE
Shall mean a provider of courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer. Same includes the use by a licensed cannabis retailer of any third -party technology platform to receive, process, and fulfill consumer orders, provided that any physical acts in connection with the filling and delivery of an order is accomplished by a certified cannabis handler performing work for or on behalf of the licensed cannabis retailer.
CANNABIS DISTRIBUTOR
Shall mean a transporter of cannabis items in bulk, intrastate, from one licensed cannabis establishment to another licensed cannabis establishment.
CANNABIS MANUFACTURER
Shall mean a processor of cannabis items in the State of New Jersey who purchases or otherwise obtains usable cannabis for the purpose of manufacturing, preparing, packaging and selling cannabis items. At their option they can transport said cannabis items to other cannabis processors, wholesalers, and/or retailers, but not to consumers.
CANNABIS RETAILER
Shall mean a purchaser or obtainer of usable cannabis from cannabis cultivators and cannabis items from cannabis manufacture or cannabis wholesalers who sells same to consumers for either medical or recreational use from a retail store.
CANNABIS WHOLESALER
Shall mean a purchaser or obtainer of cannabis items in the State of New Jersey who obtains, stores, sells or otherwise transfers cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers.
CAPITAL IMPROVEMENT
Shall mean a governmental acquisition of real property or a major construction project.
CARPORT
Shall mean a roofed structure providing space for the parking of motor vehicles and enclosed on not more than three sides.
CATCH BASIN
Shall mean an inlet designed to intercept and redirect surface waters.
CELLAR
Shall mean a story partly underground which has less than 1/2 its height above ground level.
CEMETERY
Shall mean a burial ground for human remains.
CHANGE OF USE
Shall mean any use that materially differs from the previous use of a building or land.
CHILD-CARE CENTER
Shall mean an establishment providing for the care, supervision, and protection of more than five children.
CHURCH
Shall mean a building or structure, or groups of buildings or structures, that by design and construction are primarily intended for conducting organized religious services.
CIRCULATION
Shall mean systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.
CLUB
Shall mean a group of people organized for a common purpose to pursue common goals, interests, and activities, and usually characterized by certain membership qualifications, the payment of fees and dues, meetings and construction of by-laws.
CLUB HOUSE
Shall mean a building or portion thereof, used by a club.
CLUSTER
Shall mean a development design technique that concentrates buildings on a part of the site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive features.
COLLECTOR STREET
Shall mean a street that collects traffic from local streets and connects with minor and major arterials.
COMMON OPEN SPACE
Shall mean an open space area 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 open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
CONDITIONAL USE
Shall mean 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 Board.
CONDOMINIUM
Shall mean a building, or group of buildings, in which dwelling units, offices, or floor area are owned individually, and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis.
CONFERENCE CENTER
Shall mean a facility used for business and professional conferences and seminars with accommodations for sleeping, eating and recreation.
CONTIGUOUS
Shall mean next to, abutting, or touching and having a boundary, or portion thereof, that is coterminous.
CONVENTIONAL
Shall mean development other than planned development.
CORNER LOTS
Shall mean a lot or parcel of land abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135°.
COUNCIL ON AFFORDABLE HOUSING
Shall mean the Council established under the Fair Housing Act of 1985, L. 1985, c. 333 (N.J.S.A. 52:27D-301 et seq.) and which has preliminary jurisdiction for the administration of housing obligations in accordance with sound regional planning considerations in this State.
COUNTY MASTER PLAN
Shall mean a composite of the master plan for the physical development of Middlesex County with the accompanying maps, plats, charts and description and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.
DATA CENTER
A large group of networked computer servers typically used by organizations for the remote storage, processing, or distribution of large amounts of data.
DAY CARE CENTER
Shall mean an establishment providing for the care, supervision, and protection of five children or less.
DAYS
Shall mean calendar days.
DECIBEL
Shall mean a unit of sound pressure level.
DEDICATION
Shall mean the transfer of property by the owner to a governmental entity.
DEED
Shall mean a legal document conveying ownership of real property.
DENSITY
Shall mean the number of families, individuals, dwelling units, households, or housing structures per unit of land.
DESIGN STANDARDS
Shall mean a set of guidelines defining parameters to be followed in site and/or building design and development.
DETENTION BASIN
Shall mean a facility for the temporary storage of stormwater runoff.
DEVELOPER
Shall mean the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
Shall mean 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 of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land for which permission may be required pursuant to law.
DEVELOPMENT REGULATIONS
Shall mean a zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other municipal regulation of the use and development of land, or amendment thereto adopted and filed pursuant to law.
DIVISION
Shall mean the Division of State and Regional Planning in the Department of Community Affairs.
DRAINAGE
Shall mean the removal of surface water or ground water from land by drains, grading or other means and includes control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
DRIVE-IN RESTAURANT
Shall mean public eating facility where patrons purchase food while outside the physical premises of the establishment whether or not such patrons purchase such food while in their cars from a waiter or waitress, or from an employee over a counter, or at a drive-in window, for consumption either within the patron's car or away from the premises and which does not require the patron to enter the building in order to be served.
DUPLEX
Shall mean a structure containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof.
DWELLING UNIT
Shall mean one or more rooms providing living facilities for one family, including cooking facilities or the provisions therefor.
EASEMENT
Shall mean a grant of one or more of the property rights by the property owner to and/or for use by the public, a corporation, or another person or entity.
EFFICIENCY UNIT
Shall mean a dwelling unit consisting of one room, exclusive of bathroom, kitchen, hallway, closets or dining alcove directly off the principal room, provided such dining alcove does not exceed 125 square feet in area.
ENCROACHMENT
Shall mean any obstruction or illegal or unauthorized intrusion in a delineated floodway, right-of-way, required setback, or an adjacent land.
ENVIRONMENTAL IMPACT STATEMENT
Shall mean a statement of the effect of proposed development, and other major private or governmental actions, on the environment.
EROSION
Shall mean the detachment and movement of soil or rock fragments by water, wind, ice or gravity.
EXISTING USE
Shall mean the use of a lot or structure at the time of the enactment of a zoning ordinance.
FACADE
Shall mean the exterior walls of a building exposed to public view or that wall viewed by persons not within the building.
FAMILY
Shall mean one or more persons occupying a dwelling unit, who prove by clear and convincing evidence that the dwelling unit is occupied as a single non-profit housekeeping unit.
FAST FOOD RESTAURANT
Shall mean a commercial establishment where food and drink prepared for immediate consumption is purchased at a counter for consumption either within the restaurant building or away from the premises. Cafeterias constitute fast food restaurants under this chapter.
FENCE
Shall mean an enclosure or barrier such as wooden posts, wire, iron, etc., used as a boundary or means of protection or confinement.
FINAL APPROVAL
Shall mean the official action of the Planning Board taken 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 approved conditioned upon the posting of such guarantees.
FINAL PLAT
Shall mean a map of all or a portion of a subdivision or site plan that is presented to the approving authority for final approval.
FIREARMS SALES —
Businesses engaged in the commercial sale and dealing of selling of handguns, longarms, rifles, other legal guns, munitions, and related firearm accessories as provided by state law.
[Added 6-14-2018 by Ord. No. 18-12]
FIRST FLOOR AREA
Shall mean for the purpose of the minimum standards required in the general regulation schedule, first floor area is defined as the total floor area as measured on one horizontal plane through the building, not necessarily on the same level.
FLAG LOT
Shall mean a lot not meeting minimum frontage requirements and where access to the public road is by a narrow, private right-of-way or driveway.
FLAG POLE
Shall mean a pole consistently used for the raising or lowering of a flag. Flag poles shall be excepted from the height requirements as set forth in subsection 21-501.1, (Accessory Structure) but shall not exceed 40 feet and shall be permitted within the front yard setback. However, the number of flag poles shall not exceed three and each flag pole shall be setback at a minimum distance equal to its height and shall be subject to all other requirements of this chapter, where applicable.
FLATS
Shall mean attached one-family dwelling units where one unit may be located over or alongside another unit within the same building or structure. Each unit shall have its own front access and may have its own rear access to the outside, and each unit shall be separated from any other unit by one or more common fire-separation walls.
FLOOR AREA
Shall mean the total enclosed habitable floor area of a building, having a clear height of at least seven feet, three inches, and being above the mean ground level. Accessory buildings shall not be includable in computing minimum floor area.
FOOTCANDLE
Shall mean the unit of illumination when the foot is the unit of length.
GARAGE, PRIVATE
Shall mean a building or space used for storing motor vehicles as an accessory to any residential use and in which no occupation, business or service for profit is carried on.
GARAGE, PUBLIC
Shall mean a building or space, other than a private garage, used or designed to be used for storing, repairing, servicing, selling, renting, adjusting or equipping of automobiles or other motor vehicles or parts or supplies thereof, and including service stations.
GARBAGE AND TRASH DISPOSAL AREA
Shall mean an area used for the disposal of garbage and trash, which includes, but is not necessarily limited to the following:
(a) 
REFUSEAll putrescible and nonputrescible solid wastes (except body waste) including garbage, rubbish, ashes, street cleanings and solid market and industrial wastes.
(b) 
GARBAGEPutrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
(c) 
ASHESThe residue from the burnings of wood, coal, coke, or other combustible materials.
(d) 
RUBBISHNonputrescible animal and vegetable wastes, resulting from both combustible and noncombustible wastes, such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials.
GOVERNING BODY
Shall mean the Township Council of the Township of Piscataway.
GREENHOUSE
Shall mean a building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment.
HEALTH SERVICES
Shall mean health care facilities as well as establishments providing support to the medical professions and patients, such as medical and dental laboratories, blood banks, oxygen, and miscellaneous types of medical supplies and services.
HELIPADS or HELISTOPS
Shall mean an area of defined dimensions designated for the landing and take-off of helicopters but not used solely for that purpose (examples: parking lots, portions of dock areas, parks, recreation or athletic fields and the tops of industrial or commercial buildings; all used for occasional helicopter landing).
HISTORIC SITE
Shall mean any building, structure, area or property that is significant in the history, architecture, archeology or culture of this State, its communities or the nation and has been so designated pursuant to law.
HOME OCCUPATION
Shall mean and include occupations such as dressmaking, millinery and home cooking, provided that such occupation is conducted by resident occupants of the building and that not more than 1/3 of the area of one floor of the building be used for such purpose, and further that no machinery or equipment not usually found in a residence be employed or used. No display or products or advertising of any form shall be visible from the street. No architectural or structural changes to accommodate the use of dwellings for a home occupation shall be permitted.
HOME PROFESSIONAL USE
Shall mean and include uses such as the office or studio of a resident physician, dentist, lawyer, architect, engineer, accountant or teacher provided that such use is conducted by resident occupants of the building living as a family unit as herein restricted; provided that not more than two persons are employed who are not members of the family, and that such office shall be on the ground floor of the main building and shall not occupy more than 1/2 of the area of the ground floor of the building. For the purposes of this paragraph, a teacher shall be restricted to a person giving individual instruction in academic or scientific subjects to a single pupil at a time. A professional shall not include the office of any person professionally engaged in the purchase or sale of merchandise or goods. Dancing instruction, band instrument or voice instruction, tea rooms, tourist homes, beauty parlors, barber shops, hairdressing or manicuring establishments, real estate offices, convalescent homes, mortuary establishments, and stores, trades or business of any kind not herein excepted shall not be deemed to be professional uses. The professional office of a physician shall not include a biological or other medical testing laboratory. No architectural or structural changes to accommodate the use of dwellings for a home professional use shall be permitted.
HOMEOWNERS ASSOCIATION
Shall mean an incorporated nonprofit organization operating in a development under recorded land agreements through which each lot owner shall be a member and each dwelling unit is subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the Township.
HOSPITAL
Shall mean a building(s) used for the diagnoses, treatment or other care of human ailments, unless otherwise specified. A hospital shall not include a nursing home, assisted care living facility or skilled nursing facility. A hospital shall include an emergency room, operating rooms for major surgical procedures, food services for patients and employees, and beds for accommodating patients in accordance with state and federal regulations.
HOTEL
Shall mean a facility offering transient or extended lodging accommodations to the general public and providing additional services, such as restaurants, meeting rooms, entertainment, and recreational facilities.
INTERESTED PARTY
Shall mean:
(a) 
In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey.
(b) 
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 this chapter, or whose rights to use, acquire, or enjoy property under this chapter or under any other law of this State or of the United States have been denied, violated or infringed by an action or a failure to act under this chapter.
JUNK YARD
Shall mean any area or structure used for the collection, storage, or abandonment of any waste, discarded or used material, or the dismantling, demolition, salvaging or abandonment of structures, automobiles or other vehicles, equipment and machinery, or parts thereof.
KENNEL
Shall mean the housing, grooming, breeding, boarding, training or selling of dogs or domesticated animals, regardless of whether a fee or compensation is charged for same.
LAND
Shall mean and include improvements and fixtures on, above or below the surface.
LAND USE
Shall mean a description of how land is occupied or utilized.
LANDSCAPE PLAN
Shall mean a component of a development plan on which is shown: proposed landscape species (such as number, spacing, size at time of planting, and planting details); proposals for protection of existing vegetation during and after construction; proposed treatment of hard and soft surfaces; proposed decorative features; grade changes; buffers and screening devices; and any other information that can reasonably be required in order that an informed decision can be made by the approving authority.
LOADING SPACE
A loading space shall have a minimum dimension of 12 feet by 50 feet with a minimum of 14 feet headroom exclusive of drives and aisles.
LOCAL STREET
Shall mean a street designed to provide vehicular access to abutting property and to discourage through traffic.
LOT
Shall mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREA
Shall mean the total horizontal area included within lot lines, excluding any portion contained in the right-of-way of any street.
LOT COVERAGE
Shall mean that percentage of the lot covered by buildings exclusive of swimming pools and open patios.
LOT DEPTH
Shall mean the shortest horizontal distance between the mid point of the front line and a line drawn parallel to the front lot line through the mid point of the rear lot line. In lots with curvilinear front lot lines, the tangent at the mid point shall be considered the line of the parallel.
LOT FRONTAGE
Shall mean that portion of a lot extending along a street line. On a lot with more than one street line, the shortest of the street lines shall be deemed to be the frontage.
LOT LINE
Shall mean a line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public space.
LOT WIDTH
Shall mean the horizontal distance between the side lot lines measured at right angles to its depth. Required lot width shall be measured at the most forward allowable building line or setback line; however, the mean lot width shall not be less than the required lot width.
MAINTENANCE GUARANTEE
Shall mean any security, other than cash, which may be accepted by a municipality for the maintenance of any improvements required by this chapter.
MAJOR ARTERIAL
Shall mean a street with access control, channelized intersections, restricted parking, and that collects and distributes traffic to and from minor arterials.
MAJOR SUBDIVISION
Shall mean any subdivision not classified as a minor subdivision.
MAKE- READY PARKING SPACE
Shall mean the prewiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, Level Two EVSE and direct-current fast chargers. Make-ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a plug-and-play basis. "Make-ready" is synonymous with the term "charger ready," as used in P. L. 2019, c 362 (N.J.S.A. 48:25-1 et seq.)
MANUFACTURING
Shall mean the treatment or processing of raw products; and the production of articles from raw or prepared materials by giving them new forms or qualities.
MASTER DEED
Shall mean the legal document creating and establishing the homeowners association. It shall be executed by the owner or owners of the property making up the association and shall be recorded in the office of the County Recording Officer where such property is located.
The master deed shall express the following particulars:
(a) 
The description of the land and the buildings or building, expressing their respective areas;
(b) 
The general description and number of each dwelling unit, expressing its area, location, and any other data necessary for its identification;
(c) 
The description of the general common elements of the property, and, in proper cases of the limited common elements restricted to a given number of dwelling units, expressing which are those units;
(d) 
The respective percentage appertaining to each unit in the expenses of, and rights in, the elements held in common, both general and limited; and
(e) 
The name by which the homeowners association is to be known followed by the words "homeowners association."
MASTER PLAN
Shall mean a composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to Section 19 of the Municipal Land Use Law.
MAUSOLEUM
Shall mean a building intended for the entombment of human remains above ground, which building is located within the confines of a cemetery.
MAYOR
Shall mean the chief executive of the Township of Piscataway.
METES AND BOUNDS
Shall mean a method of describing the boundaries of land by directions (bounds) and distances (metes) from a known point of reference.
MINOR ARTERIAL
Shall mean a street with signals at important intersections and stop signs on the side streets and that collects and distributes traffic to and from collector streets.
MINOR SUBDIVISION
Shall mean a subdivision of land containing not more than two lots fronting on an existing minor street, not involving any new street or road or the extension of Township facilities or utilities, and not adversely affecting the development of the remainder of the parcel of adjoining property and not in conflict with any provision or portion of the master plan, official map or this ordinance.
MOTEL
Shall mean an establishment providing transient sleeping accommodations with a majority of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.
MOTOR VEHICLE
Shall mean a self-propelled receptacle, or means of transport in which something is capable of being carried, conveyed, or travels.
MUNICIPAL AGENCY
Shall mean the Piscataway Township Planning Board or Zoning Board of Adjustment or the Township Council when acting pursuant to this chapter and any agency which is created by or responsible to one or more municipalities when such agency is acting pursuant to this chapter.
MUNICIPALITY
Shall mean the Township of Piscataway.
NONCONFORMING BUILDING
Shall mean a building which in its design or location upon a lot does not conform to the regulations of this chapter for the zone in which it is located.
NONCONFORMING LOT
Shall mean a lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, 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.
NONCONFORMING USE
Shall mean a use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, 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.
OFF-SITE
Shall mean located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.
OFF-SITE IMPROVEMENT
Shall mean improvements required to be made off-site as a result of an application for development and including, but not limited to, road widening and upgrading, stormwater facilities, and traffic improvements.
OFF-STREET PARKING
Shall mean a temporary storage area for a motor vehicle that is directly accessible to an access aisle and that is not located on a dedicated street right-of-way.
OFF-TRACT
Shall mean 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.
OFFICIAL COUNTY MAP
Shall mean the map, with changes and additions thereto, adopted and established from time to time by resolution of the Board of Chosen Freeholders of Middlesex County pursuant to N.J.S.A. 40:27-5.
ON-SITE
Shall mean located on the lot in question.
ON-TRACT
Shall mean located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN SPACE
Shall mean 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.
ORDINANCE
Shall mean a municipally adopted law or regulation.
OVERHANG
Shall mean:
(a) 
The part of a roof or wall that extends beyond the facade of a lower wall;
(b) 
The portion of a vehicle extending beyond the wheel stops or curb.
PAPER STREET
Shall mean a street that has never been built shown on an approved plan, subdivision plat, Tax Map, or official map.
PARCEL
Shall mean a contiguous lot or tract of land owned and recorded as the property of the same persons or controlled by a single entity.
PARKING GARAGE/DECK
Shall mean a multi-level, nonhabitable space or building(s) providing parking facilities for a main building where a profit or nonprofit business or service is conducted.
PARKING SPACE
Shall mean a space for the parking of a motor vehicle within a public or private parking area, measuring a minimum of nine feet in width by 18 feet in length.
PARTIAL DESTRUCTION
Shall mean a building or structure that is not substantially, totally destroyed.
PASSIVE RECREATION
Shall mean activities that involve relatively inactive or less energetic activities.
PAWN SHOP
Any establishment where the primary means of business deals with purchasing private personal property with the intention of selling it back at a stipulated price, or providing loans or money advances on the security of pledges of personal property.
PATIO HOUSE
Shall mean a dwelling unit with open space setbacks on three sides and with a courtyard.
PERFORMANCE GUARANTEE
Shall mean any security, which may be accepted by a municipality, including cash; provided that a municipality shall not require more than 10% of the total performance guarantee in cash.
PERFORMANCE STANDARDS
Shall mean a set of criteria or limits relating to certain characteristics that a particular use or process may not exceed.
PERMIT
Shall mean written governmental permission issued by an authorized official empowering the holder thereof to do some act not forbidden by law but not allowed without such authorization.
PERMITTED USE
Shall mean any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
PERSONAL SERVICE STORE
Shall mean a freestanding facility in a separate building providing personal services such as, but not limited to:
(a) 
Barber and beauty shops;
(b) 
Dry cleaning or tailor shops;
(c) 
Self-service laundries;
(d) 
Shoe repair shops;
(e) 
Funeral homes;
(f) 
Restaurants and eating establishments;
(g) 
Radio, television and electrical repair shops;
(h) 
Dance or music studios;
(i) 
Nail salon.
PHASING
Shall mean the construction and completion of a given number of living units within a planned residential development in a period of time, with the appropriate and proportionate improvements, utilities, services, facilities, recreational structures and areas, bonds or performance guarantees to assure assimilation and absorption of that section or units into the framework of the community, without impairment of the requirements of the approval for the planned residential development.
PLANNED RESIDENTIAL DEVELOPMENT
Shall mean an area with a specified minimum contiguous acreage of 30 acres or more to be developed as a single entity according to a plan, containing one or more residential clusters, which may include appropriate commercial, public or quasi-public uses all primarily for the benefit of the residential development.
PLANNING BOARD
Shall mean the Planning Board of the Township of Piscataway.
PLANTED SCREEN
Shall mean, in the instance where the Planning or Zoning Board determines that an area must be screened, the nature of such screening shall be the same as for a planted buffer area, except that the width of the screen area may be less than 50 feet.
PLAT
Shall mean a map or maps of a subdivision or site plan.
PLOT
Shall mean:
(a) 
A single unit parcel of land;
(b) 
A parcel of land that can be identified and referenced to a recorded plat or map.
PORCH
Shall mean a small stoop, veranda, platform or stairway outside an entrance to a building, not exceeding 60 square feet. No portion shall extend more than five feet into the front yard setback. The elevation between the grade and the bottom of the deck should be screened with solid or semi-solid material such as lattice or similar wood or masonry material, subject to approval by the Zoning Officer.
PORTABLE STORAGE UNIT
Shall mean a transportable unit designed and used for the temporary storage of household goods, personal items, construction materials and supplies and other materials which are placed on a site for the use of occupants of a dwelling or building on a temporary or limited basis. Portable storage units include, but are not limited to, "PODS®" and other similar portable on demand storage containers.
PRELIMINARY APPROVAL
Shall mean the conferral of certain rights, prior to final approval, after specific elements of a development have been approved by the approving authority and agree to by the applicant.
PRELIMINARY PLAT
Shall mean a map indicating the proposed layout of the subdivision or site plan that is submitted to the approving authority for preliminary approval.
PRINCIPAL BUILDING
Shall mean a building in which is conducted the main or principal use of the lot on which the building is situated.
PRINCIPAL USE
Shall mean the primary or predominant use of any lot or parcel.
PRIVATE STREET
Shall mean a street that has not been accepted by the municipality or other governmental entity.
PROFESSIONAL OFFICE
Shall mean the office of a member of a recognized profession for the conduct of his professional duties. The issuance of a State or local license for regulation of any gainful occupation shall not be deemed indicative of the occupation being classed as a recognized profession. Recognized professions include, but are not necessarily limited to medicine, dentistry, clergy, architecture, engineering, law, accountancy and similar professional occupation.
PROHIBITED USE
Shall mean a use that is not permitted in a zone district.
PROPERTY
Shall mean a lot, parcel, or tract of land together with the building and structures located thereon.
PUBLIC AREA
Shall mean:
(a) 
Public parks, playgrounds, trails, paths and other recreational areas;
(b) 
Other public open spaces;
(c) 
Scenic and historic sites; and
(d) 
Sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSAL
Shall mean a master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
PUBLIC DRAINAGE WAY
Shall mean the land reserved or dedicated for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.
PUBLIC HEARING
Shall mean a meeting announced and advertised in advance and open to the public, with the public given an opportunity to talk and participate.
PUBLIC NOTICE
Shall mean the advertisement of a public hearing in a paper or general circulation, and through other media sources, indicating the time, place and nature of the public hearing and where the application and pertinent documents may be inspected.
PUBLIC OPEN SPACE
Shall mean an open space area conveyed or otherwise dedicated to a municipality, municipal agency, Board of Education, State or County agency, or other public body for recreational or conservational uses.
PUBLIC UTILITY INSTALLATION
Shall mean a facility providing service to the public such as high voltage transmission lines, towers and substations, fire house and rescue squad buildings except that no service or storage yards for public utility uses are included.
QUADRUPLEX
Shall mean four attached dwellings in one structure in which each unit has two open space exposures and shares one or two walls with an adjoining unit or units.
QUORUM
Shall mean the majority of the full authorized membership of a municipal agency.
RESIDENCE
Shall mean a home, abode, or place where an individual is actually living at a specific point in time.
RESIDENTIAL CLUSTER
Shall mean an area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.
RESIDENTIAL DENSITY
Shall mean the number of dwelling units per gross acre of residential land area including streets, easements and open space portions of a development.
RESTAURANT
Shall mean a public eating facility where patrons are first seated at tables or booths or counters, after which food ordered by them is served to the patrons by waiters or waitresses, at such tables, booths or counters. The term "restaurant" does not include "drive-in restaurant" or "fast food restaurant" as otherwise defined in this section.
RETAIL STORE
Shall mean the sale of items on the premises directly to the consumer and not for resale, including but not limited to:
(a) 
Grocery stores;
(b) 
Dry goods stores;
(c) 
Meat and poultry stores;
(d) 
Baked goods stores;
(e) 
Packaged liquor stores and taverns;
(f) 
Drug stores;
(g) 
Flower shops;
(h) 
Confectionery stores;
(i) 
Household supply stores;
(j) 
Stationery supply stores;
(k) 
Haberdashery stores, dress goods and notions;
(l) 
Hardware, plumbing supply and electrical appliances stores;
(m) 
Sporting goods stores;
(n) 
Jewelry and gift shops;
(o) 
Restaurants (but not fast food restaurants or drive-in restaurants).
RETAINING WALL
Shall mean a structure constructed and erected between lands of different elevations to protect structures and/or to prevent erosion.
RETENTION BASIN
Shall mean a pond, pool, or basin used for the permanent storage of water runoff.
REZONE
Shall mean to change the zoning classification of particular lots or parcels of land.
RIGHT OF ACCESS
Shall mean the legal authority to enter or leave a property.
RIGHT-OF-WAY
Shall mean: (1) a strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, and other similar uses; (2) generally, the right of one to pass over the property of another.
ROOF SIGN
Shall mean a sign that is mounted on the roof of a building or that is wholly dependent upon a building for support and that projects above the top walk or edge of a building with a flat roof, the eave line of a building with a gambrel, gable, or hip roof, or the deck line of a building with a mansard roof.
RUNOFF
Shall mean the portion of rainfall, melted snow, irrigation water, and any other liquid that flows across ground surface and eventually is returned to streams.
SEASONAL USE
Shall mean a use carried on for only a part of the year, such as outdoor swimming during the summer months or skiing during the winter months.
SEDIMENTATION
Shall mean the deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
SENIOR CITIZEN AND ACTIVE ADULT DWELLINGS
The term "Senior Citizen/Active Adult" shall mean that at least one member of the family living in the dwelling shall be at least 55 years of age. All dwelling units shall be deed restricted for occupancy by households with at least one person 55 years of age or older and with no person less than 19 years of age being a permanent resident thereof.
SERVICE STATION
Shall mean a building or space for the retail sale of gasoline or other motor vehicle fuel and lubricating substances and including the sale of accessories that are installed in motor vehicles or the repair of motor vehicles.
SERVICES FACILITY
Shall mean a building or portion thereof, wherein a health service of primarily a diagnostic nature is provided, including the office of a physician and other health practitioner but not including facilities for the diagnoses and treatment of alcoholism and drug addiction.
SETBACK LINE
Shall mean a line parallel to the lot line and distant therefrom the prescribed distance, as set forth in Section 21-501 the Schedule of General Regulations.
SHED
Shall mean an accessory structure whose primary function is storage of equipment or material employed in conjunction with a residential use.
SHOPPING CENTER
Shall mean one or more buildings, or parts thereof, designed as a unit to be occupied by one or more business enterprises for the conduct of business, and conducted as an integrated and cohesively planned development.
SIDEWALK
Shall mean a paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.
SIGHT TRIANGLE
Shall mean a triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. Also known as a sight easement.
SIGN
Shall mean any device, structure, or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others, but not including any flag, badge, or insignia of any public, quasi-public, civic, charitable or religious group.
SIGN AREA
Shall mean the area defined by the frame edge of a sign. Where there is no geometric frame or edge to the sign, the area shall be defined by a projected, enclosed, four-sided (straight sides) geometric shape which most closely outlines the sign.
SIGN, ADVERTISING
Shall mean any sign or billboard which is owned or operated by any person, firm or corporation engaged in the business of outdoor advertising for direct profit gained from the rental of such signs, or any sign advertising a commodity not sold or produced on the premises.
SIGN, IDENTIFICATION
Shall mean any sign which shall be used to advertise or identify the use conducted on the premises where the sign is located.
SIGN, ROOF
Shall mean any sign, as hereinabove defined, which projects and is mounted above the elevation of the perimeter of the building.
SITE
Shall mean any plot or parcel of land or combination of contiguous lots or parcels of land.
SITE PLAN
Shall mean a development plan of one or more lots on which is shown:
(a) 
The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, flood plains, marshes and waterways;
(b) 
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;
(c) 
Any other information that may be reasonably required in order to make an informed determination pursuant to Chapter 24, the Piscataway Township Site Plan Review regulations.
SITE PLAN, EXEMPT
Shall mean a site plan shall not be required for single-family or two-family dwellings and their accessory buildings unless such dwellings involve a home occupation or home professional office. For nonresidential uses or residential uses other than those exempted above, building alterations or changes in permitted principal or permitted accessory uses which do not involve a change in the size of the gross floor area, or the building foundation, or do not require additional parking, shall be exempt.
SOLAR ENERGY SYSTEM
Shall mean 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.
SOLAR PANELS
Shall mean 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.
STORMWATER DETENTION
Shall mean any storm drainage technique that retards or detains runoff, such as a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells, or any combination thereof.
STREET
Shall mean a public thoroughfare which has been dedicated or deeded to the public for public use and has been accepted by the Township.
STREET LINE
Shall mean that line determining the limit of the street right-of-way rights to the public either existing or contemplated.
STRUCTURAL ALTERATIONS
Shall mean any change in either the supporting members of a structure, such as bearing walls, bearing partitions, columns, beams or girders, or in the roof and exterior walls or in the foundation, including any enlargement of or addition to the structure, but excluding such alteration of the exterior design as does not affect the form or character of the structure.
The location, construction or alteration of decks shall be governed by Section 21-620 of this chapter. The location, construction and alteration of sheds shall be governed by Section 21-621 of this chapter.
STRUCTURE
Shall mean anything constructed, assembled or erected, the use of which requires location on the ground, or attachment to something having location on or in the ground, including but not limited to tanks, towers, advertising devices, bins, tents, lunch wagons, trailers, dining cars, camp cars or similar structures on wheels or other supports, used for business or living purposes. The word "structure" shall not apply to service utilities lying entirely below the ground or fireplace which extend less than two feet from a principal building. The construction and alteration of fences shall be governed by Section 21-6, subsection 21-619 of this chapter.
SUBDIVISION
Shall mean the division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created:
(a) 
Divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size;
(b) 
Divisions of property by testamentary or intestate provisions;
(c) 
Divisions of property upon court order, including, but not limited to judgments of foreclosure;
(d) 
Consolidation of existing lots by deed or other recorded instrument; and
(e) 
The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality. The term "subdivision" shall also include the term "resubdivision."
SURVEY
Shall mean:
(a) 
The process of precisely ascertaining the area, dimensions, and location of a piece of land;
(b) 
Determining the characteristics of persons, land, objects, buildings, or structures by sampling, census, interviews, observations or other methods.
SWIMMING POOLS
Shall mean private residential and public pools, permanently constructed, above or below ground, having a depth of more than two feet and/or a water surface of more than 100 square feet, designed and maintained for swimming and bathing purposes; pools include all buildings, structures, edging, aprons, walkways and equipment appurtenant thereto.
SWIMMING POOLS, PORTABLE
Shall mean a pool not permanently installed, lacking water filtration, circulation and purification systems, without braces or supports and having less than two feet in water in depth and less than 100 square feet of water surface area.
TEMPORARY STRUCTURE
Shall mean a structure without any foundation or footings and that is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
TOWNHOUSE
Shall mean a one-family dwelling in a grouping of at least three such contiguous dwellings.
TRAILER CAMP
Shall mean land used or intended to be used by tents, trailers or movable dwellings. Two or more trailers, whether parked or supported by foundations, will constitute a trailer camp.
TRAILERS
Shall mean a residence on wheels, skids or rollers, other than a travel trailer or camper trailer, without motor power designed to be used for long-term human habitation or for carrying persons or property, including a trailer coach, house trailer or mobile home, whether or not it is raised off the wheels, skids or rollers in a temporary or permanent fashion.
TRIANGULAR SHAPED LOTS
Shall mean a lot where the rear lot line is at least twice the length of the front lot line. The rear lot line shall be the length of the line measured by drawing a line connecting the rear points on each side lot line.
TRIPLEX
Shall mean a structure containing three dwelling units, each of which has direct access to the outside or to a common hall.
TRUCK TERMINAL
Shall mean an originating or terminating point for trucks, which may include servicing facilities for trucks and comfort facilities for drivers but which does not include the storage or warehousing of items transported by the trucks.
TUTORING AND LEARNING CENTER
Shall mean a facility for the instruction and/or testing of adults and children in academic, secular enrichment or vocational subjects, not leading to a degree or certification, provided there is a maximum of 10 persons (including the instructors) in a room at any one time, and 25 persons (including the instructors) in the facility at any one time, and further provided that all children under the age of 14 must be dropped off and picked up inside the structure where the use is being conducted, by an adult.
USE
Shall mean the specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.
USE VARIANCE
Shall mean a variance granted for a use or structure that is not permitted in the zone.
VARIANCE
Shall mean permission to depart from the literal requirements of a zoning ordinance pursuant to Section 47 and subsections 29.2b, 57c and 57d of the Municipal Land Use Law.
VEHICLE
Shall mean any receptacle or means of transport in which something is carried or conveyed or travels.
WAIVER
Shall mean permission to depart from the requirements of an ordinance with respect to the submission of required documents.
ZONE
Shall mean a specifically delineated area or district in a municipality within which uniform regulations and requirements govern the use, placement, spacing, and size of land and buildings.
ZONING
Shall mean the delineation of districts and the establishment of regulations governing the use, placement, spacing, and size of land and buildings.
ZONING BOARD
Shall mean the Zoning Board of Adjustment of the Township of Piscataway, as established by law.
ZONING MAP
Shall mean the map or maps that delineate the boundaries of zone districts.
ZONING OFFICER
Shall mean the administrative officer designated to administer the zoning ordinance and issue zoning permits.
ZONING PERMIT
Shall mean a document signed by a Zoning Officer or designated representative, as required in the zoning ordinance, as a condition precedent to the commencement of a use, or the erection, construction, reconstruction, restoration, alteration, conversion, or installation of a structure or building, that acknowledges that such use, structure, or building complies with the provisions of the municipal zoning ordinance or authorized variance therefrom.