Shall mean separate or subordinate structure to the main use on the lot.

Shall mean a use subordinate to and customarily incidental to the principal use on the same lot.

Shall mean Township Planner or his designee.

Shall mean average daily vehicular traffic movements.

Shall mean the New Jersey Council on Affordable Housing established under the Act and which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning considerations in this State.

See Farm.

Shall mean any change in or addition to the supporting members of a building such as walls, columns, beams, girders, posts or piers.

Shall mean any place of business displaying for public patronage or keeping for operation in excess of two mechanical or electric amusement devices and one jukebox.

Shall mean any exterior transmitting or receiving device mounted on a tower, building or structure, and use the communications that radiate or capture electromagnetic waves, digital signals, analogue signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

Shall mean a building or buildings containing a minimum of 10 or more “for sale” or “rental” dwelling units, together with common elements including, but not limited to, community rooms, exercise facilities, terraces, pergolas, indoor and outdoor passive and/or active recreational areas, surface parking, structured and underground garage parking and related improvements.

Shall mean the land owner, optionee or contract purchaser, submitting an application for development. See Developer.

Shall mean the application form, fees and all accompanying documents required for approval of a subdivision plat, site plan, conditional use variance or direction for the issuance of a building permit as required by this chapter. See Complete application.

Shall mean any municipal agency acting pursuant to the authority of N.J.S.A. 40:55D-1 et seq.

Shall mean soil that, when dry, contains not less than 4% by weight of organic material and the balance of which is mineral matter.

Shall mean the average of the elevations of the lowest points taken within six feet of the four corners and the four mid-points of the smallest rectangle that encompasses the entire building footprint.

Shall mean that portion of a building mostly underground having more than 1/2 of its clear height below the finished average grade elevation of the adjoining ground and having at least one means of egress to the exterior of the building.

Note: A basement shall be considered 1/2 story. A cellar shall be considered 1/2 story if on average, a maximum of four feet of its height is above finished grade elevation.

Shall mean an inn for temporary overnight guests providing breakfast service only and meeting the standards of the New Jersey Bed and Breakfast Association.

Shall mean a room planned and used primarily for sleeping.

Shall mean the aggregate of private lots, passages, rear alleys and rear lanes, circumscribed by thoroughfares.

Shall mean a person who is not related to the principal resident and who may or may not pay for the privilege of boarding.

Shall mean the pledge of cash or a letter of credit or an insurance agreement, underwritten by a reputable insurance company, which is approved as to form by the Township Attorney and as to sufficiency by the Township Council, to provide financial surety against the act of default of an applicant in failing to comply with standards of this Code and/or the conditions of his approved plan.

Shall mean a strip of land containing natural woodlands to which other planted screening materials, earth mounds or other natural divisions may be incorporated in separating one kind of land use from another.

Shall mean any combination of material forming any structure which is erected on the ground and is permanently affixed thereto, designed, intended or arranged for housing shelter, enclosure or enclosing of persons, animals or property of any kind and having a roof.

Shall mean the ratio of the horizontal area, measured from the exterior surface of the exterior walls including cantilever portions of the structure of the principal structure on a lot to the total area.

Shall mean the portion of lot remaining after required yards are provided.

Shall mean a line established by the Zoning Ordinance, within a lot defining the minimum distance between any structure or portion thereof to be erected or altered, and an adjacent right-of-way, easement, street line, property line, or common open space.

Shall mean those areas within boundaries accepted by the Department pursuant to N.J.A.C. 7:8E-5B.

Shall mean the geographic depiction of the boundaries for Coastal Planning Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C. 7:7E-5B.3.

Shall mean any portion of a building completely underground or partially underground, which does not meet the definition of basement and has on average a maximum of four feet of its height above finished grade elevation.

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

Shall mean the removal of all standing trees on a lot or portion of a lot.

Shall mean the triangle formed by the point of intersection of the right-of-way lines of two intersecting streets and the points on each of the intersection right-of-way lines at a given distance from the point of intersection which shall remain open and unobstructed.

Shall mean areas to be developed as single-family units according to plan containing residential housing which has a common or public open space as an appurtenance.

Shall mean the use of a common wireless telecommunications tower or a common structure, by two or more wireless license holders or unlicensed holders nevertheless regulated by the Federal Communications Commission or by one wireless license holder for more than one type of communications technology and/or the placement of a wireless telecommunication tower on a structure owned or operated by utility or other public entity.

Shall mean one of the following types of commercial development:

Shall mean trucks, buses and sedan delivery vehicles, station wagons with advertising matter on the side or any other commercially registered vehicle except a passenger car with no advertising matter exposed to view, excluding vehicles with a chassis load of 3/4 tons or less.

Shall mean ownership of two or more contiguous parcels of real property by one person or by two or more beneficial owners.

Shall mean a parcel or parcels of land, or an area of water, or a combination of land and water, within a site designed and intended for use or enjoyment of residents and owners of the development. Common property may contain such accessory structures and improvements as are necessary and appropriate for the benefit of the residents and owners of the development. The common property shall be managed in accordance with the provisions of a homeowners' association, condominium association, and/or restrictive deeds and covenants.

Shall mean buildings, structures, recreational devices, service systems and other facilities generally available to and/or operated for the benefit of residents including but not limited to swimming pools, tennis courts, building entries and passageways, roads, drainage systems, pedestrian and bicycle pathways, sewage treatment plants and other facilities (municipal buildings, schools).

Shall mean the increase in soil bulk density.

Shall mean an application form completed as specified by the Code and the rules and regulations of the Township of Sparta and all accompanying documents and fees as required by the Code for approval of an application for development including where applicable, but not limited to, a site plan or subdivision plat provided that the administrative officer may require such additional information not specified in this Code or any revisions in the accompanying document as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of such additional information or any revisions in the accompanying document though required by the administrative officer or the municipal agency. In addition, the municipal agency may waive any of the requirements required by this Code as are appropriate due to the peculiar special circumstances of any property and/or application. When the application has been deemed to satisfy sufficient requirements of this Code, the administrative officer shall immediately certify the completeness of the application and the application shall be deemed complete on the date certified for the purposes of commencement of the time period for action by the municipal agency.

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

Shall mean the form of ownership of real property under a master deed providing for ownership by one or more owners of units of improvements together with an undivided interest in common elements appurtenant to each such unit and meeting the requirements of the N.J. Condominium Act.

Shall mean the land covered by the master deed whether or not contiguous and all improvements thereon, all owned either in fee simple or under lease, and all easements, rights and appurtenances belonging thereto or intended for the benefit thereof.

Shall mean a pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.

Shall mean the area of forest patch that is greater than 300 feet from a forest edge.

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

Shall mean an agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The County review agency may either be:

A County planning agency; or

A County water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.

Shall mean the portion of a site, expressed as a percentage, covered by impervious materials.

Shall mean calendar day.

Shall mean an uncovered, elevated accessory structure attached to the principal structure with three open sides (excluding safety railing).

Shall mean the permitted number of dwelling units per gross area to be developed.

Shall mean the New Jersey Department of Environmental Protection.

Shall mean a person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.

Shall mean a State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.

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.

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 structure, 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, by any person for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural lands, development means: any activity that requires a State permit; any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.

Shall mean the diameter of a tree measured 4 1/2 feet (forestry method) above the ground level on the downhill side of existing trees. Trees utilized in the replacement of existing trees or proposed in a landscape plan shall be measured 12 inches above the ground level for trees over four inch in caliper; the measurement shall be six inches above nursery grade for trees up to four inch caliper (nursery method).

A building generally characterized by 1) dock doors on two sides or more; 2) is primarily used for i) short-term storage of product and ii) relatively high velocity distribution from the facility to multiple locations, including direct to consumers; and 3) a higher ratio of non-tractor trailer vehicle traffic to tractor trailer traffic generated per square foot of gross floor area, and also have a high volume of tractor trailer traffic.

Shall mean the Division of State and Regional Planning in the New Jersey Department of Community Affairs.

A type of sectional door used located on a building façade above grade, which allows tractor trailer doors to open into the building for the loading and unloading of materials and goods.

Shall mean the removal of surface water or ground water from land or drains graded or by other means and including control of runoff during and after construction or development, to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to include water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions.

Shall mean a geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody.

Shall mean the lands required 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 therein to safeguard the public against flood damage, in accordance with N.J.S.A. 58:1-1 to 58:1-34.

Shall mean a limiting line established by a series of perpendicular drop points marking the maximum radius of the crown of an existing tree, but not less than six feet from the trunk.

A grade level door that is located at grade with ground both inside and outside of the building that vertically opens and closes down to the ground, and allows for the passage of vehicles through it.

Shall mean any place or premises used for sale, dispensing or serving of food, refreshment or beverage to customers in automobiles or other motorized vehicles, including those establishments where customers may serve the food, refreshments or beverages on the premises.

Shall mean one or more rooms, designed, occupied or intended for occupancy as separate living quarters with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.

Shall mean a right which one person has to use the lands of another (owner) for a specific purpose not inconsistent with the general property rights of the owner.

Shall mean a neighborhood designated by the Urban Coordinating Council "in consultation and conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A. 55:19-69.

Shall mean least cost housing units of any type usually with one bedroom designed for occupancy by young married couples, singles and divorced citizens often designed with the possibility for expansion of living area to include more than one bedroom.

Shall mean an area or feature which is of significant environmental value, including but not limited to: stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and well head protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.

Shall mean a facility dedicated to boarding, training of horses, and the holding of equestrian events, including show rings (indoor or outdoor), stables, practice facilities, barns, polo grounds and similar infrastructure dedicated to horses.

Shall mean the detachment and movement of soil or rock fragments by water, wind, ice or gravity.

Shall mean the erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground, surface or overhead gas, electrical, steam or water transmission systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, control boxes, transformers, junction boxes, police call boxes, traffic signals, light stations, telephone lines, hydrants or other similar equipment and accessories therewith reasonably necessary for the furnishing of adequate service by such utility or governmental agency for the public safety, health and general welfare. "Essential service" shall include firehouses and fire stations and first aid and emergency aid squads. Underground utilities shall be subject to requirements of the Public Utilities Commission as well as other municipal ordinances where appropriate.

Shall mean any number of persons maintaining a single household. A "family" may include foster children placed in such households by the State Division of Youth and Family Services or a duly incorporated child care agency but shall not include roomers or members of a fraternity or sorority.

Shall mean an area of land which is actively devoted to agricultural or horticultural use which occupies no less than five acres, exclusive of the land upon which the farmhouse is located and such additional land may actually be used in connection with the firehouse as provided in N.J.S.A. 54:4-23, 4-23.4, 4-23.11.

See General Regulations.

Shall mean the official action of the Planning Board or Board of Adjustment taken on a development plan which has been given preliminary approval, and 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 approval, conditioned upon the position of such guarantees.

Shall mean the final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with these regulations and which, if approved, shall be filed with the proper County Recording Officer.

Shall mean an indoor fitness business with services limited solely to offering instructor or coach led fitness or recreation classes, which may include activities such as karate and martial arts, wrestling, yoga, Zumba, private skill and sports lessons, and similar. This use does not include tournaments, competitions, demonstrations, or events with anticipated spectators.

Shall mean the relatively flat area joining the water channel which has been or may be covered by flood water of the channel including the following components:

Shall mean the area of all floors computed by using the dimensions of the outside walls of each floor of a building. In computing the second floor area, only those areas having a five-foot or more clear headroom with completed floor/ceiling partitions and a minimum ceiling height of seven feet six inches may be considered.

Shall mean the area between a building facade and the vehicular lanes, inclusive of its built and planted components. Frontage is divided into private frontage and public frontage.

A type of building for third-party logistics that receives, processes, and fills customer orders on behalf of retailers that is usually freight for final consumption. Fulfillment centers are generally characterized by 1) high turnover of inventory, largely direct to consumers; 2) may have the presence of multiple mezzanine levels; and 3) require a higher ratio of on-site parking for employee vehicles and non-tractor trailer delivery vehicles, and also have a high volume of traffic.

Shall mean a detached accessory building or portion of a main building for the parking or temporary storage of automobiles of occupants of the main building and wherein not more than one space is rented to persons not resident of the lot or not more than one commercial vehicle with a rated capacity to exceed 3/4 ton.

Shall mean any building, premises or land in which or upon which a business, service or industry involving the retail sales or rental of new or used motor vehicles, prepackaged motor fuel or motor vehicle parts is conducted or rendered other than service stations, automotive, as defined in this section.

Shall mean the Mayor and Council of the Township of Sparta.

Shall mean:

Shall mean the total gross household income from all sources of all members of the household in determining the amounts of income to be excluded. The Township shall consider the number of minor children in the household and such other factors as are given similar consideration under Federal and State subsidized housing guidelines.

Shall mean a space under a sloping roof which has an internal stairway as a means of access and egress and in which the ceiling area at a height of five feet above the 1/2 story floor joists is less than 50% of the entire floor directly below.

Note: A basement shall be considered 1/2 story. A cellar shall be considered 1/2 story if on average, a maximum of four feet of its height is above finished grade elevation.

Shall mean an establishment providing a broad range of facilities and services for the promotion, maintenance, and improvement of the health and well-being of people which may be offered as membership or subscription-based, including but not limited to cardiovascular, strength training and other exercise rooms and equipment, individual and group exercise programs, swimming pools, lap pools, therapy pools, whirlpools, locker rooms, private changing rooms, steam rooms, saunas, showers, and individual and group aquatic exercise programs. Rehabilitation and physical therapy businesses shall not be considered health clubs and are excluded from this definition.

Shall mean the vertical distance from the finished average grade elevation to the top of a structure or the highest point of the roof surface of a building.

Shall mean any building, structure, area or property that is significant in history, architecture or archaeology or culture of the State, its communities, or the nation, and has been so designated by the State or National Register of Historic Places.

Shall mean any activity carried out for gain by a resident such as a physician, surgeon, dentist, lawyer, bookkeeper, accountant, auditor, business and computer consultant, architect, engineer, seamstress, artist, tutor, broker or member of a design profession, incidental to and carried out by the person residing on the premises.

Shall mean a duly incorporated organization of property owners with mandatory membership by each purchaser of property usually for the maintenance and/or operation of common facilities or services.

Shall mean a facility offering transient lodging accommodations to the general public and providing additional services, such as restaurants, meeting rooms, health club and spas and catering facilities with access to guest rooms via hallways from a main lobby.

Shall mean that portion of one lot or more than one lot which is improved or is proposed to be improved with principal and accessory buildings and structures including driveways, parking lots, pedestrian walkways, signs, and other man-made improvements on the ground surface, which are more impervious than the natural surface.

Shall mean a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.

Shall mean the use of fluorescent (and other vapor light) or incandescent lighting set apart from, but directed towards the surface of the sign.

Shall mean privately owned and operated indoor recreational facilities functioning within a building as a business. This use includes facilities accommodating training and the playing of indoor sports that are conducted within an indoor gymnasium, court, rink, a field, or in a pool. The use may include showers or spectator or gathering areas limited to an occupancy for no more than 50 spectators.

Shall mean the process by which water seeps into the soil from precipitation.

Shall mean a use by a public or nonprofit quasi-public or private institution for educational, religious, charitable, medical, or civic purposes. Nonprofit institutional uses are those limited to churches, nonprofit chartered membership organizations, public schools covering grades kindergarten through grade 12, hospitals for humans, and libraries. Profit-making institutional uses are those limited to sanatoriums, nursing homes, convalescent homes and rest homes, or private schools and trade schools.

Shall mean any person whether residing within or without the Township whose right to use, acquire or enjoy property is or may be affected by any action taken under this Code, or whose right to use, acquire or enjoy property under this Code or under any other law of the State of New Jersey or of the United States has been denied, violated or infringed by an action or failure to act under this Code.

Shall mean the use of fluorescent (and other vapor light) or incandescent lighting to illuminate a sign from behind the lettering or from inside the sign structure.

Shall mean a point where two or more streets meet and/or cross.

Shall mean a business devoted to the boarding, care or breeding of dogs, cats or other small animals normally and usually kept as household pets.

Shall mean a standing body of open water whether created naturally or by artificial impoundment.

For the purpose of this chapter, land shall be classified as either severely restricted, moderately restricted or least restricted as contained in § 18-5 of this Code.

Areas containing trees, shrubs and ground covers, pedestrian and recreation areas, ponds, streams or any other similar areas but not including areas occupied by buildings or structures, paving for parking, loading or access thereto, required buffers or areas utilized for outside storage.

The amount of Landscaped Area after development compared to the total lot area.

Shall mean an off-street space on the same lot with the building or group of buildings for the temporary parking of commercial vehicles while loading and unloading, having a vertical clearance of at least 15 feet.

Shall mean a parcel of land, exclusive of any adjoining street, established by a separate description in a recorded deed, a subdivision or other recorded map, or otherwise as permitted by law, for the purpose of sale, lease, mortgage or separate use which is occupied or capable of being occupied, in accordance with the requirements of this Code by a building or buildings and the necessary uses, including such open spaces as are required by this Code; except that, for the purposes of this Code, contiguous undersized parcels, in single ownership, shall be considered as one lot.

Shall mean the area contained within the lot lines of a lot, excluding any portion of the street right-of-way.

Shall mean that portion of a lot covered by impervious material (i.e., paving, building and sidewalks, etc.).

Shall mean the shortest horizontal distance between the midpoint of the front line through the midpoint of the rear lot line.

Shall mean the horizontal distance between side lot lines measured along the street line.

Shall mean the distance between side lines of a lot measured parallel to the street right-of-way at the building setback line.

Shall mean dwelling units developed pursuant to the Township Zoning Ordinance and made available to low and moderate income households.

Shall mean a household whose aggregate gross annual income at the time of purchase or rental does not exceed 50% of the median income established and adjusted from time to time for the geographic area in which the Township is located by the U.S. Department of Housing and Urban Development.

Shall mean any security other than cash which may be accepted by the Township for the maintenance of any improvements required by this Code.

Shall mean any "development" that provides for ultimately disturbing one or more acres of land. Disturbance for the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation.

Shall mean any subdivision not classified as a minor subdivision.

Shall mean a development plan of a single lot which does not involve any new street or extension of any off tract improvements and is within the scope of development specifically permitted by this chapter as a minor site plan as follows:

Shall mean the division of a tract of land meeting one or more of the following conditions:

Shall mean a household whose aggregate gross annual income at the time of purchase or rental is between 50% and 80% of the median income established and adjusted from time to time for the geographic area in which the Township is located by the U.S. Department of Housing and Urban Development.

Shall mean a facility offering transient lodging accommodations to the general public with the majority of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.

Shall mean the approving agency designated in this Code to take action on an application pursuant to its jurisdiction as set forth in the Municipal Land Use Law such as, the Planning Board or Zoning Board of Adjustment.

Shall mean any city, borough, town, township, or village.

Shall mean the earth itself, the water upon or under the surface of the earth, the air above the earth, and plants, animals, fish, birds, insects and other living creatures growing upon or inhabiting the earth, the water or the air.

Shall mean an area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.

Shall mean a lot of record existing at the date of the passage of this chapter which does not conform to the regulations of this Code for the zone in which it is located.

Shall mean a building or structure, the size or location upon the lot does not conform with the regulations of this Code for the zone in which it is located.

Shall mean a use of any building, structure, or land which existed prior to the passage of this Code and which use does not conform with the regulations of the district in which it is located.

Shall mean a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.

Shall mean located outside the lot lines of the lot in question but within the property (of which the property is a part) which is the subject of the development application or on a contiguous portion of a street right-of-way.

Shall mean not located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

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

Shall mean a map adopted in accordance with the provisions of N.J.S.A. 40:55D-32 et seq.

Shall mean located on the lot in question.

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.

Shall mean any improvement, the installation of which may be required as part of an application for development and which is to be located on the property which is the subject of an application for development or on a contiguous street or right-of-way.

Shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designed 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.

A type of warehouse that typically serves as regional and local freight-forwarder facilities for time-sensitive shipments via airfreight and ground carriers that is generally characterized by a building with the following: 1) 150 feet to 300 feet wide; and 2) access to dock doors provided on two or more opposites of the building and up to all (4) sides. This use may include tractor trailer maintenance, wash, or fueling facilities.

Shall mean an open area, other than a street or other public way, used for the parking of motor vehicles and available for use as a service or privilege to guests, licensees, clients, customers, suppliers or residents. It shall include driveways and access drives located within the lot area.

Shall mean an accommodation for the off-street parking of one motor vehicle, which space shall have an area required by this Code.

Shall mean for purposes of notice, any applicant for development, the owners of the subject property, and all owners of property and government agencies entitled to notice by law.

Shall mean a cleared way for pedestrians and/or bicycles to travel which may or may not be paved.

Shall mean a cleared way for horses to travel which is not paved.

Shall mean any security which may be accepted and approved by the Township Attorney, including cash, provided that no more than 10% of the total performance guarantee can be required to be secured by cash.

Shall mean any individual, corporation, company, partnership, firm, association, Township of Sparta, or political subdivision of this State subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

Shall mean the numbers of peak hour vehicular traffic movements for land uses of various types.

Shall mean any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.), thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the State, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.

Shall mean any private pool whether permanently constructed or of the portable type having a depth of more than 18 inches, or having a depth of more than 25 inches when partly or wholly above ground, or having a surface area exceeding 100 square feet, designed, used and maintained for swimming or bathing purposes by an individual for use of members of his or her household and guests, and located on the applicant's land or land under the applicant's control, and shall include all buildings, structures, equipment and appurtenances thereto.

Shall mean and include any shallow pool whether permanently constructed or of the portable type which is less than 18 inches below the level of the surrounding land, less than 24 inches deep when partly or wholly above ground and less than 100 square feet in water surface area.

Shall mean an accessory structure located in conjunction with an inground pool and is limited to a changing room and storage.

Shall mean an accessory structure located in conjunction with an inground pool and may include a kitchen, bathroom, shower and changing room, but shall not include a bedroom or be used as sleeping quarters.

Shall mean the official action taken by the Planning Board on a preliminary plat or preliminary planned development application which determines whether or not the map submitted is in proper form and meets the established standards adopted for design layout and development of the subdivision. Such preliminary approval confers upon a subdivider all rights provided for by virtue of the provisions of N.J.S.A. 40:55D-49.

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

Shall mean a structure arranged, adopted, or designed for the predominant or primary use for which a lot may be used.

Shall mean the primary or predominant use of the premises.

Shall mean a use related to professional services and/or administrative and executive purposes including but not limited to architecture, medicine, dentistry, engineering, law, accounting, insurance and real estate.

Shall mean:

Shall mean a building which is owned and used by a governmental agency.

Shall mean a master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.

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 biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges.

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.

Shall mean a facility whose primary purpose is for the transfer of people between modes of transportation.

Shall mean public utility installations such as power generating stations, electric substations, power distribution, transmission lines, radio and television signal towers, telephone exchanges and similar facilities. This definition shall not apply to telephone poles, gas, water, and television distribution lines intended to provided direct service to properties when the same are approved by the appropriate Township agency.

Shall be approved by the Planning Board for all cluster subdivisions. The map shall depict a subdivision designed to meet the standard yard requirements of the zone. The total number of cluster subdivision lots may not exceed the number of standard lots which would have been otherwise permitted.

Shall mean the majority of the full authorized membership of a municipal agency.

A principal use that utilizes rail access as a means for the transportation of goods to or from a site, in which the building or buildings in which the principal use is conducted have direct access to the rail for loading or unloading purposes, and in which any part of the principal building is located within 500 feet of the railroad or rail siding.

Shall mean the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.

Shall mean a nursery-grown certified tree, properly balled and burlapped, marked with a durable label indicating genus, species and variety and satisfying the standards established for nursery stock and installation as set forth by American Association of Nurserymen.

Shall mean a building or structure having the appearance, size and bulk of a single family dwelling in keeping with the goal of the 1993 Interchange Master Plan, generally similar to single family residence Classes 18 through 20 inclusive, as depicted in the "Real Property Appraisal Manual for New Jersey Assessors" Third Edition, issued by the Local Property and Public Utility Branch, Division of Taxation, Department of the Treasury, State of New Jersey and as shown in Appendix "A" of the 1993 Amendment to the Interchange Master Plan.

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.

Shall mean an establishment where food and drink are prepared, served and consumed primarily within the principal building.

Shall mean a building in which food and drink is served to patrons from counters for consumption either inside or outside the building and may include facilities for serving food and drink to patrons in automobiles.

Shall mean the strip of land on which a road, path or public utility is located, owned by, or dedicated to the public or subject to an easement in a public agency.

Shall mean a body of running water flowing on the earth whether seasonal or permanent.

Shall mean the highest continuous horizontal line of a roof. On a sloping roof, the roof line is the principal ridge line or the highest line common to one or more principal slopes of the roof. On a flat roof, the roof line is the highest continuous line of the roof or parapet, whichever is higher.

Shall mean one who rents a room and either takes in foods or takes meals by prearrangement.

Shall mean any structure or part thereof used to receive satellite transmissions. If said structure and mounting device is greater than three feet, it shall be considered an accessory structure and shall conform to the yard requirements of the zone.

Shall mean solid material, mineral or 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.

Shall mean the deposit 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.

Shall mean the removal of larger trees on an individual basis while leaving trees of lesser size.

Shall mean a building or group of buildings containing individual dwelling units designed for occupancy and the particular use of senior citizens; where residents are provided with physical support services, designed to meet the daily physical needs of the elderly.

Shall mean a retail place of business engaged primarily in the sale of motor fuels but also in supplying goods and services generally required in the operation and maintenance of automotive vehicles and the fulfilling of motorist needs.

Shall mean the required yard or distance between buildings and property lines.

Shall mean a building or part thereof in which or from which a service is rendered directly to the ultimate customer.

Shall mean the distance of clear sight from a given point in particular directions such as the sight distance that may be required in the alignment of streets and roads and the location of driveways.

Shall mean and include every device, frame, letter, figure, character, mark, plane, point, design, picture, stroke, stripe, trademark, model, emblem, object, logo or reading matter, which is used or intended to be used to attract attention or convey information when placed outdoors in view of the general public; in addition, any of the above shall be considered a sign within the meaning of this chapter, when placed near the inside surface of a window in such a way as to be used to convey information to the public.

Shall mean a sign which directs attention to a business, commodity, service or other facility or entertainment sold or offered elsewhere than on the premises where the sign is located.

Shall mean the entire space within a single continuous perimeter enclosing the extreme limits of a sign.

Shall mean a sign which directs attention to a business, commodity or profession conducted or offered upon the property where the sign is displayed.

Shall mean an off-premises sign, the purpose of which is to indicate the direction to a permitted use. On-premises signs directing and controlling traffic shall also be considered directional signs.

Shall mean the area of a building wall fronting on a street including windows and doors.

Shall mean a sign in which the artificial light is not maintained constant in intensity, color or frequency at all times when such sign is in use.

Shall mean any sign supported by uprights or braces upon or in the ground, and not attached to any building.

See Sign, advertising.

Shall mean a temporary sign presenting information expressing support for or opposition to a candidate or candidates for public office, a political party, or ballot measure, presenting an issue to be voted upon, or pertaining to an upcoming election.

Shall mean a temporary freestanding sign used to advertise the sale or rental of the premises upon which it is placed.

Shall mean any sign that is displayed or erected for a maximum of 47 days, not requiring a permit, including political signs.

Shall mean and include the largest vertical height of the background upon which the lettering, illustration or display is presented. This shall not include the supporting members of any sign which are used solely for such support. If the letters, illustration, or display are attached directly to the face of the building, the height of the sign shall be the height of the largest letter, illustration or total display, whichever is the greater.

Shall mean a sign located within the interior of a site having multiple buildings or offices, the sign of which is approved by the Planning Board or Zoning Board of Adjustment to provide for identification and location of individual tenants, and is deemed appropriate for the public safety and better vehicular and pedestrian circulation.

Shall mean the management of any wooded tract or lot of land to insure its continued survival and welfare, whether for commercial or noncommercial purposes, pursuant to a plan approved by the New Jersey Department of Forestry.

See Dwelling unit.

Shall mean ownership by one person or ownership by two or more persons as joint tenants, as tenants by the entirety, or as tenants in common, of a separate lot not adjacent to land in which any of the above-mentioned persons have any beneficial interest whatsoever; including, among others, interest by marriage and/or blood. For purposes of this definition, participation in a corporation by stock ownership or participation in a partnership is a beneficiary interest.

Shall mean the lot or lots upon which a major development is to occur or has occurred.

Shall mean all lands within a closed boundary survey of a site, including public rights-of-way.

Shall mean a development plan of one or more lots on which is shown:

Shall mean all unconsolidated mineral and organic material of any origin.

Shall mean the removal of sand and gravel resources, chiefly by means of excavation, which may permit washing, grading and screening of material, but not including the quarrying of rock or similar material.

Shall mean a small retail outlet that focuses on selling a particular product range and associated items. Specialty store business operators should maintain considerable depth in the type of product that they specialize in selling, in addition to providing higher service quality and expert guidance to shoppers. Specialty retail may include antique shops, art studios and galleries, restaurants, cafe's, bakeries, gift shops, and similar specialty retail uses.

Shall mean standards in § 18-5 of this Code which regulate noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste, discharge, screening of unsightly objects or conditions, and such other similar matters as may be reasonably required in that section of any applicable Federal, State or County laws or regulations.

Shall mean an area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the State's future redevelopment and revitalization efforts.

Shall mean the geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.

Shall mean man-made trees, clock tower, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.

Shall mean a building or part thereof in which or from which merchandise or services are furnished directly to the public.

Shall mean a building or part thereof where merchandise is displayed for sale and sold at wholesale, but where no goods, wares, merchandise or material is warehoused.

Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.

Shall mean an excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).

Shall mean any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.

Shall mean water flow on the surface of the ground or in storm sewers, resulting from precipitation.

Shall mean a set of rooms on one floor level of a building. For purposes of this Land Management Code, a basement as defined herein shall be considered a half-story. A cellar as defined in this section shall be considered a half-story if more than four feet of the total height is above finished grade elevation.

Shall mean any street, avenue, boulevard, road, lane, parking viaduct, alley or other way which is an existing State, County or municipal roadway, or a street or way on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, and includes the land between the street lines whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines. For the purpose of this Code, streets shall be classified as follows:

Shall mean the right-of-way line of a street dedication or deed of record.

Shall mean any combination of materials forming any construction, the use of which requires location on the ground or attachment to something having location either above, below, or on the ground and including among other things, display stands, platforms, poles, flagpoles, standpipes, earthenworks, tanks and towers of any kind. The term "structure" shall include the term "building." For the purpose of determining compliance with the setback requirements of this Code, it shall not include structures such as fences, fuel oil tanks, septic tanks, or leaching pools, or any system buried below grade.

Shall mean the division of a lot, tract or parcel of land into two or more lots, sites or other divisions of land for the purpose, whether immediate or future, of sale or building development, except that the following divisions shall not be considered subdivisions provided no new streets or roads are involved.

Shall mean the removal of undesirable, competitive, diseased or damaged trees so as to cultivate and improve the remaining trees on the site.

Shall mean a way for use by vehicular and pedestrian traffic and to provide access to lots and open spaces, consisting of vehicular lanes and the public frontage.

Shall mean a flood hazard area, which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.

Shall mean the arable soil within eight inches of the surface.

Shall mean the enclosed area in which the tower and its appurtenances are located.

Shall mean a wheel-based noncommercial vehicle that is designed to be transported by traction and which is used or may be used as a dwelling or for the transportation or storage of goods, materials, livestock or any object. The regulations in this chapter that apply to trailers shall also apply to the following vehicles as herein defined below:

Used to mount signs, satellite receiving dish antennas, sheds, or other structures may not be used to circumvent the yard requirements of an accessory structure within any given zone.

Shall mean a typed or printed verbatim record of the proceedings or reproduction thereof.

Shall mean one of several areas on a Zoning Map regulated by the SmartCode. Transect Zones are administratively similar to the land use zones in conventional codes, except that in addition to the usual building use, density, height and setback requirements, other elements of the intended habitat are integrated, including those of the private lot and building and public frontage.

Shall mean any deciduous or coniferous species, which reaches a mature height of 12 feet or more at maturity and has a typical DPM of four-inch caliper or greater.

A place where products, goods, and materials are unloaded from one inbound source such as a tractor trailer or railcar, and then either stored on a short-term basis or directly moved onto another outbound transportation source, and the primary storage of any products, goods, and materials occurs within a tractor trailer or railcar. May also be referred to as "cross-docking."

Shall mean a neighborhood given priority access to State resources through the New Jersey Redevelopment Authority.

Shall mean a zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.

Shall mean previously developed portions of areas:

Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;

Designated as CAFRA Centers, Cores or Nodes;

Designated as Urban Enterprise Zones; and

Designated as Urban Coordinating Council Empowerment Neighborhoods.

Shall mean permission to depart from the literal requirements of a zoning regulation, granted by the Planning Board or Zoning Board of Adjustment, pursuant to the Municipal Land Use Law.

Shall mean the office used by a veterinarian for out-patient treatment of dogs, cats or other small animals normally and usually kept as small pets.

A building where raw materials or finished goods are stored, where the primary purpose of the facility is extended storage of product, and typically have a low volume of tractor trailer and non-tractor trailer vehicle traffic. Any building where storage of product is the primary use that contains dock doors on not more than one and a partial second side of the building shall be considered a warehouse, not a Distribution Center.

Shall mean the ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or groundwaters, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

Shall mean an operation in which material is removed below the water table.

Shall mean an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

Shall mean an antenna that transmits or receives radio frequency signals for wireless telecommunications towers and the users of towers or other structures.

Shall mean the accessory structures or uses serving the tower site such as equipment sheds, telecommunications antennas and fences.

Shall mean a free-standing, vertical structure designed to support one or more wireless telecommunications antennas. The height of the tower shall not include a lightning rod.

Shall mean:

Shall mean a document signed by the Zoning Officer: