For the purpose of this Ordinance, the terms and words listed in this section shall have the meanings herein given. Terms and words not defined herein but defined in other articles of the Code of the Township of Tewksbury shall have, for the purposes of this Ordinance, the meanings given them in the respective chapters as the same now reads or may be amended. Terms and words not defined herein, nor defined in any other article of this Ordinance, but defined in the Municipal Land Use Law, shall have for the purposes of this Ordinance, the meanings given them in the Municipal Land Use Law its amendments or supplements thereto. Flood control definitions are found in Section 302. Terms and words not defined in any of the foregoing sources shall have the meanings established by common usage of the words unless the context herein clearly indicates the contrary.

In the interpretation of this Ordinance, the provisions and rules set forth below shall be observed and applied, except when the context or the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., clearly requires otherwise.

A.

Words used or defined in one tense or form shall include other tenses and derivative forms.

B.

Words in the singular shall include the plural, and words in the plural shall include the singular.

C.

The masculine gender shall include the feminine and the feminine gender shall include the masculine.

D.

The word "shall" is mandatory.

E.

The word "may" is permissive.

F.

In case of any difference of meaning or implication between the text of this Ordinance and any caption, the text shall control.

(Ord. 11-2000 (part), 2000)

For purposes of this Ordinance, phrases and words are defined as follows:

Access. A way or means of approach to provide vehicular entrance to a property.

Access Strip. A portion of a lot which provides a connection from a public road to the interior of a flag lot.

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

Addition. The construction of a new improvement as part of an existing improvement when such new improvement changes the exterior appearance of the improvement.

Administrative Agent. The entity duly designated and responsible for administering the affordability controls on very-low, low, and moderate-income units created in the Township of Tewksbury to ensure that the restricted units are affirmatively marketed and sold or rented, as applicable, only to very-low, low, and moderate households. For purposes of this section all references to the title and role of the Housing Consultant are transferred to the Administrative Agent. A fuller explanation of the responsibilities and role of the Administrative Agent may be found in the Tewksbury Municipal Code Chapter 15.12 Affordable Housing Ordinance.

Administrative Officer.

A.

For the purpose of the determination of completeness of development applications the Planning Board Secretary, or the Zoning Board of Adjustment;

B.

For the purpose of certification of conformity of a lot to development regulations the Zoning Officer;

C.

For the purpose of maintaining maps and documents for public inspection shall mean the Planning Board Secretary or the Zoning Officer;

D.

For the Historic Preservation Commission, it shall mean the Secretary of the Commission;

E.

For all other purposes shall mean the Township Clerk.

ADT. Average Daily Traffic.

Adverse Effect. Development designs or existing features or conditions on a developer's property, or nearby property, creating, imposing, aggravating or leading to impractical, unsafe, unsatisfactory or non-complying conditions such as a layout inconsistent with the zoning regulations; insufficient street width; unsuitable street grade; unsuitable street location; inconvenient street system; unsafe and inefficient vehicular and pedestrian circulation; inadequate utilities such as water, drainage, shade trees, and sewerage; unsuitable size, shape and location for any area reserved "or dedicated" for public use of land for open space in a planned development; infringement upon land designated as subject to flooding; and the creation of conditions leading to soil erosion by wind or water from excavation or grading; or not preserving the existing natural resources of the site; all as set forth in N.J.S.A. 40:55D-38 and 40:55D-41 and measured against the design and performance standards of this Ordinance.

Affordable. A sales price or rent level that is within the means of a very-low, low, or moderate-income household as defined within N.J.A.C. 5:93-7.4, and, in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented, and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended and supplemented.

Affordable Housing, (Project/s or Development/s). Any project or development included in or approved pursuant to the Housing Element and Fair Share Plan or otherwise intended to address the Township's fair share obligation, and includes, but is not limited to, an inclusionary development, a municipal construction project or a one hundred (100) percent affordable housing development. Affordable Housing may also be used as a general term of art to apply to all tier levels of affordable housing (i.e., very-low, low, and moderate housing units).

Affordable Housing Program(s). Any mechanism in a municipal Fair Share Plan prepared or implemented to address a municipality's fair share obligation. The Affordable Housing Program first adopted as Ordinance No.7-86 of the Township of Tewksbury and codified as Tewksbury Municipal Code Chapter 15.12, was replaced by a new Affordable Housing Ordinance in May 2019. The Housing Fund and Housing Officer positions have been renamed and modified below.

Affordable Housing Trust Fund. The Housing Fund is now known as the Affordable Housing Trust Fund (AHTF). AHTF rules can be found at § 15.10.070 of the Tewksbury Municipal Code. All mentions in this section to the Housing Fund are now replaced with the Affordable Housing Trust Fund (AHTF).

Affordable Unit/s (Affordable Housing Unit/s). A housing unit proposed or created pursuant to the Act and/or funded through an affordable housing trust fund.

Age-Restricted. A housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population where the head of household is a minimum age of either 62 years, or 55 years and meets the provisions of 42 U.S.C. §§ 3601 et seq., except that due to death, a remaining spouse of less than 55 years shall be permitted to continue to reside in the age-restricted unit.

Agriculture.

A.

Devotion of land to the production for sale of plants and animals useful to man, including but not limited to: forages and sod crops; grains and feed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, including the breeding, boarding, raising, rehabilitating, training or grazing of any or all such animals, except that "livestock" shall not include dogs; bees and apiary products; fur animals, trees and forest products; or

B.

Devotion of land to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agreement with an agency of the federal government, except that devotion of land exclusively to the production for sale of tree and forest products, other than Christmas trees, and which is not appurtenant woodland, shall not be deemed to be agriculture unless the landowner has fulfilled the conditions set forth in N.J.S.A. 54:4-23.3a., b., and c.

Air Conditioning System Compressor. A mechanical pump driven by an electric motor that lies within a condensing unit and is responsible for compressing and circulating refrigerant. May also include a heat pump that circulates heat in a dwelling by means of a mechanical pump.

Alteration, Non-Structural. Any work done on any existing improvement which is not an addition to that improvement, or which changes the appearance of the exterior surface of any improvement (other than for repainting or other work which restores the original exterior surface).

Alterations or Additions, Structural. Any change in supporting members of the structure or additions to a structure requiring walls, foundations, columns, beams, girders, posts or piers, or the moving of a structure.

Animal Hospital. A licensed facility where one or more animals or pets are given medical or surgical treatment including an accessory use as an animal kennel limited to short-term boarding (see definition "Kennel").

Animal Pen. A structure and/or fenced area designed to contain or provide shelter for domestic pets which are the property of the resident.

Apartment. A dwelling unit in a building having two (2) or more dwelling units, but not including a townhouse.

Applicant. A developer submitting an application for development.

Application for Development. An application form provided by the Township and completed by the applicant together with all accompanying documents required by this Ordinance for approval of the application for development, including where applicable, but not limited to, a site plan, subdivision plat, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.

Application Review Committee. An advisory committee to the Planning Board, which assists the Board in the review of Development applications.

Approving Authority. The Planning Board unless a different agency is designated in this Ordinance pursuant to the Municipal Land Use Law N.J.S.A. 40:55D-1 et seq.

Atrium. As used with reference to the term gross floor area, an open court within a building extending to the roof, housing plantings, incidental benches or chairs, and an information or receptionist's desk, but no general employee work areas.

Attic. An uninhabited area directly below the roof of a building.

Automatic Timing Device. A switching device which includes a clock that controls the time period of illumination.

Automobile Service Station. Land and building providing for the sale of fuel, lubricants and automotive accessories and for maintenance and minor repairs for motor vehicles, excluding body repairs or the storage of inoperable or wrecked vehicles.

Bank and Financial Institutions. A financial institution as defined by Division H, subsections 60 and 61 within the Standard Industrial Classification system (SIC).

Barn. Any building, accessory to an agricultural use, used for the housing, storage or preparation for marketing of plants or animals, storage of agricultural equipment, machinery, vehicles and tools.

Basement. That portion of a building partly below and partly above grade, where the ceiling averages 4 feet or more above the finished grade where such grade meets the outside walls of the building. A basement shall be considered a "story" above grade when the distance from grade to the finished surface of the floor above the basement is more than six feet for more than 50% of the total perimeter or more than 12 feet at any point.

Berm. A mound of soil, either natural or man-made.

Billboard. A sign or advertising structure which directs attention to a business, commodity, product, service or entertainment conducted, sold or offered elsewhere other than on the premises where the sign is located; off-premises sign.

Board of Adjustment. The Zoning Board of Adjustment, Township of Tewksbury, Hunterdon County, New Jersey, established pursuant to N.J.S.A. 40:55D-69.

Boundary Line Adjustment. A subdivision where the lot line between lots is moved, but no new lot is created. (See definition for "Lot Line Adjustment".)

Buffer. A transitional portion of a lot devoted to lessening adverse impacts such as visual and noise conditions from one area to another usually by providing a strip of land maintained with a combination of trees or woodland growth, and/or graded, and/or planted with trees, evergreens, hedges, or shrubbery or fences of sufficient height to protect an area from noise, dust, glare, or other possible nuisances generated by nearby activities.

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

Building Coverage. The portion of a lot which is covered by principal and accessory buildings.

Building Envelope. The three-dimensional space within which a structure is permitted to be built on a lot and that is defined by maximum height regulations and minimum yard setbacks.

Building Height. (See definition "Height, Building".)

Building Inspector. The Construction Code Official of the Township of Tewksbury.

Building Line. The line beyond which neither a principal building nor accessory building extends, except that coves, cornices, gutters, chimneys, steps or other minor projections from a building wall may extend over the building line for a distance of no more than two feet.

Building Permit. A certificate issued by the Construction Code Official authorizing the construction, reconstruction, remodeling, alteration or repair of a building or other structure upon approval of the submitted application and plans, and as required pursuant to the Uniform State Construction Code Act.

Business Services. Establishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising and mailing; building maintenance; employment services; management and consulting services; protective services; equipment rental and leasing; commercial research; development and testing; photo finishing; and personal supply services.

Cable Television Company. A cable television company as defined pursuant to Section 3 of P.L. 1972, c. 186 (C. 48:5A-3).

Cannabis. All parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured in accordance with P.L. 2021, c. 16 (N.J.S.A. 24:61-31 et al.) for use in cannabis products as set forth in this Act, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product.

Cannabis Cultivator. Any licensed person or entity that holds a Class 1 Cannabis Cultivator license or grows, cultivates, or produces cannabis in this State, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.

Cannabis Delivery Service. Any licensed person or entity that holds a Class 6 Cannabis Delivery license or provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer.

Cannabis Distributor. Any licensed person or entity that holds a Class 4 Cannabis Distributor license or transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment, and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities.

Cannabis Establishment. A cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.

Cannabis Item. Any usable cannabis, cannabis product, cannabis extract, and any other cannabis resin.

Cannabis Manufacturer. Any licensed person or entity that holds a Class 2 Cannabis Manufacturer license or processes cannabis items in this State by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.

Cannabis Product. A product containing usable cannabis, cannabis extract, or any other cannabis resin and other ingredients intended for human consumption or use, including a product intended to be applied to the skin or hair, edible cannabis products, ointments, and tinctures. "Cannabis product" does not include: (1) usable cannabis by itself; or (2) cannabis extract by itself; or (3) any other cannabis resin by itself.

Cannabis Retailer. Any licensed person or entity that holds a Class 5 Cannabis Retailer license or purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, and sells these to consumers from a retail store, and may use a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers.

Cannabis Wholesaler. Any licensed person or entity that holds a Class 3 Cannabis Wholesaler license or purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, 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. A governmental acquisition of real property or major construction project.

Capital Improvement Program. A proposed schedule of all future capital improvements listed in order of construction priority including cost estimates and the anticipated means of financing each project.

Carriage House. A dwelling unit on the second floor of a garage.

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

Cellar. The portion of a building partly or wholly below grade, where the ceiling averages less than 4 feet above the finished grade where such grade meets the outside walls of the building.

Certificate of Occupancy. A certificate issued by the Construction Code Official upon completion of construction, alteration or change in occupancy or use of a building certifying that all requirements of the Uniform Construction Code and all requirements of the zoning ordinance, except as modified by the Approving Authority, have been satisfied and that the approval of the building is in conformance with the permitted uses in the zone in which it is located.

Certified Household. A household that has been certified by an Administrative Agent as a very-low, low, or moderate-income household.

Charging Level. The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:

1.

Level 1 operates on a fifteen (15) to twenty (20) amp breaker on a one hundred twenty (120) volt AC circuit.

2.

Level 2 operates on a forty (40) to one hundred (100) amp breaker on a two hundred eight (208) or two hundred forty (240) volt AC circuit.

3.

Direct-current fast charger (DCFC) operates on a sixty (60) amp or higher breaker on a four hundred eighty (480) volt or higher three phase circuit with special grounding equipment. DCFC stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.

Circulation. 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.

Cluster Residential Development. Contiguous or non-contiguous 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.

COAH. The New Jersey Council on Affordable Housing, as established by the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.) or any successor state agency.

Commercial Motor Vehicles. Includes every type of motor-driven vehicle used for commercial purposes on the highways, such as the transportation of goods, wares and merchandise, excepting such vehicles as are run only upon rails or tracks and vehicles of the passenger car type used for touring purposes or the carrying of farm products and milk, as the case may be.

Commercial Vehicles. Commercially licensed vehicles of any kind except for Class 1 vehicles which do not have commercial advertising, lettering, signs or names and addresses on the exposed portions thereof.

Common Open Space. 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.

Community Residences for the Developmentally Disabled. Any community residential facility licensed pursuant to P.L. 1977, c. 448 (C. 30:11B-1 et seq.) providing food, shelter, and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, half-way houses, intermediate care facilities, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the "Health Care Facilities Planning Act" (P.L. 1971, c. 136; C. 26:2H-1 et seq.). In the case of such community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services.

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

Complete Application. Submission of an application form provided by the Township and completed by the applicant together with all accompanying documents required by this Ordinance for approval of the application for development, the payment of required fees, and including requests for waivers from one or more of the application requirements.

Conditional Use. 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 Ordinance, and upon the issuance of an authorization therefor by the Approving Authority.

Conference Center. A facility that is not open to the general public that is used for conferences, conventions, workshops and seminars to present information to specific members of an organization or organizations. Ancillary uses may include lodging, food preparation, dining rooms, recreation, entertainment and similar quality of life uses for enjoyment only by conferees in attendance.

Contiguous Land. Land which is physically connected to other land so as to permit the land to be developed and used as a functional unit; provided that separation by lot lines, streams, dedicated municipal roads, rights-of-way, and easements shall not affect the contiguity of land unless such condition(s) prevents the land from being developed and used as a functional unit.

Conventional Development. Development other than planned development.

County Master Plan. A composite of the master plan for the physical development of Hunterdon County, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the Hunterdon County Planning Board pursuant to R.S. 40:27-2 and R.S. 40:27-4.

County Planning Board. The Hunterdon County Planning Board as defined in Section 1 of P.L. 1968, c. 285 (C. 40:27-6.1).

Critical Areas. Water bodies (including streams, ponds and lakes), 100-year flood plains, wetlands and slopes over 25%.

Cul-de-sac. A dead-end street, with a turn-around area at the end.

Days. Calendar days.

Demolition. The partial or total razing or destruction of any improvement.

Density. The permitted number of dwelling units per gross acre of land to be developed.

Detention Basin. A man-made or natural water collection facility, designed to collect surface and sub-surface water in order to impede its flow and to release the same gradually at a rate not greater than that prior to the development of the property, into natural or man-made outlets.

Developer. Any person, partnership, association, company or corporation that is the legal or beneficial owner or owners of a lot or any land included in a proposed development including the holder of an option to contract to purchase, or other person having an enforceable proprietary interest in such land.

Development. The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use 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 N.J.S.A. 40:55D-1 et seq.

Development Fee. Money paid by an individual, person, partnership, association, company or cooperation for the improvement of property for purpose of Mt. Laurel fees.

Development Regulation. 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 N.J.S.A. 40:55D-1 et seq.

Diameter at Breast Height (DBH). The diameter of a tree trunk measured approximately 4 feet above the average ground level at the base of the tree.

District. A zoning district established under Article VII of this Ordinance.

Drainage. The removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding.

Duplex. A building containing only two dwelling units, side by side, on adjoining lots unless in condominium ownership, having a common or party wall and having separate individual sewerage and water facilities and connections.

Dwelling, Single-Family. A detached building containing one dwelling unit.

Dwelling Unit or Dwelling. A room or series of connected rooms containing living, cooking, sleeping and sanitary facilities for one family. The dwelling unit shall be self-contained and shall not require the use of outside stairs, common hallways, passing through another dwelling unit or other indirect route(s) to get to any portion of the dwelling unit, nor shall there be shared facilities with another housekeeping unit.

Easement/Sight Triangle. Grant(s) to the County or Township sufficient to fulfill the intent and purpose of a sight triangle.

Electric Vehicle. Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.

Electric Vehicle Supply/Service Equipment or EVSE. The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. EVSE may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. EVSE is synonymous with the term "electric vehicle charging station."

Environmental Commission. A municipal advisory body created pursuant to P.L. 1968, c. 245 (C. 40:56A-1 et seq.).

Environmental Impact Statement. A written and graphic submittal meeting the requirements of the Environmental Impact Statement Ordinance.

Environmentally Sensitive Areas. Environmentally sensitive areas shall include areas of wetlands, floodways, areas within the 100-year floodplain (but outside the floodway) and slopes exceeding 15%.

Equestrian Trail. A trail for the purpose of riding horses.

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

Excavation. The result of any act by which soil or rock is cut into, excavated, dug, quarried, uncovered, removed, displaced or relocated.

Exempt Subdivision. (See definition of "Subdivision".)

Existing Grade. The vertical location of the existing ground surface prior to cutting or filling.

Family. One or more persons occupying a dwelling unit and living as a single non-profit housekeeping unit.

Family Child Care Center. A child care facility provided by a homeowner for 6 to 15 children, exclusive of family members, within the homeowner's residence and licensed by the State Department of Human Services, Division of Youth and Family Services.

Farm. Any parcel of land which is used for gain in the raising of agricultural products, including crops, livestock, swine, rabbits, poultry or dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used. It excludes the raising of fur-bearing animals, riding academies and dog kennels.

Farm Building. Any building used for the housing of agricultural equipment, produce, livestock or poultry or for the incidental or customary processing of farm products, provided that such building is located on, operated in conjunction with and necessary to the operation of the farm as defined by this Section. The term "farm building" shall not include "farm dwelling".

Farm Market. (As defined in the N.J. Right to Farm Act, N.J.S.A. 4:1C-1 et seq.) a facility used for the wholesale or retail marketing of the agricultural output of a commercial farm (as defined in N.J.S.A. 4:1C-3), and products that contribute to farm income, except that if a farm market is used for retail marketing at least 51% of the annual gross sales of the retail farm market shall be generated from sales of agricultural output of the commercial farm, or at least 51% of the sales area shall be devoted to the sale of agricultural output of the commercial farm, and except that if a retail farm market is located on land less than five acres in area, the land on which the farm market is located shall produce annually agricultural or horticultural products worth at least $2,500.

Fences. Artificially constructed barriers of wood, masonry, stone, wire metal or any other natural or synthetic combination of materials erected for the enclosure or screening of land or structures, except that the following barriers shall not be considered "fences":

1.

Barriers less than 40 feet in length exclusive of gates; and

2.

Barriers which contain pillars or posts which are not repeated at least every 10 feet along the length of the barrier.

Final Approval. The official action of the Approving Authority 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 approval conditioned upon the posting of such guarantees.

Finished Grade. The final grade or elevation of the ground surface conforming to the proposed design.

Flag. Any fabric or similar material, or bunting, containing a distinct color or colors, patterns, and/or symbols, used for decorative purposes or as a symbol of government, political subdivision, corporation or business, or other entity.

Flag Lot. A lot whose area, exclusive of its access strip, meets the minimum lot area requirements of Section 706 of this Ordinance. The lot's configuration is one of reduced frontage on an approved street with the enlarged buildable portion of the lot located at the rear of the lot at the end of the access strip.

Flagpole. An accessory structure consisting of a single pole on which to raise a flag, including any solar panel or other appurtenance.

Flood Control. See separate definitions sections.

Floor Area Ratio (FAR). The sum of the area of all floors of buildings or structures compared to the total area of the site. The gross floor area as defined in this Section shall be used in the calculation of the floor area ratio.

Foot Candle. The illuminance on a surface of one square foot in area in which there is uniformly distributed a light flux of one lumen.

Fueling Island. A raised concrete island in a service station which contains one or more fueling pumps to service one or more vehicles.

Fueling Pump. A machine pump for dispensing of motor fuel.

Fueling Station. The building, premises and land in which, or upon which, automobile and truck fuels are dispensed, stored and sold.

Garage, Private. A building for the storage of not more than five (5) motor vehicles, with no provision for repairing, servicing, or storing such vehicles for profit. A private garage is also called a residential garage.

Gazebo. An accessory structure detached from the principal building used for outdoor leisure activities or a landscape element.

Geographic Information System (GIS). A computer-generated mapping system including environmental maps and other municipal resource information.

Glare. The sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and acuity.

Golf Course. A facility where the game of golf is played. A club house, pro shop, restaurant, bathroom facilities, tennis courts, swimming pool, gym, practice range, maintenance and storage facilities are permitted accessory structures to a golf course. Miniature golf and driving ranges are not considered golf courses by this definition.

Governing Body. The Township Committee of the Township of Tewksbury.

Greenhouse. 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.

Ground Cover. Low-growing (18 inches in height or less) woody plants.

Gross Floor Area. The sum of the area of full stories of a building or structure measured by using the outside dimension of the structure at each story. The gross floor area of units sharing a common wall shall be measured from the center of interior walls and the outside of exterior walls. In non-residential uses, the gross floor area shall exclude areas used for utility and heating, cooling and other mechanical equipment, non-enclosed but covered exterior walkways, garages and parking decks including the pedestrian entrance areas associated with underbuilding parking garages, but shall include all other areas regardless of ceiling height, including, but not limited to, cellar, warehouse and storage areas. Only the ground floor area of any atrium shall be included. For residential uses, the gross floor area shall exclude the areas of the garage, attic, open porch or patio, cellar, utility areas (e.g., heating and cooling) and all portions of floor areas which have a ceiling height above them of less than 6.5 feet.

Height, Building. The vertical distance measured to the highest point of the roof from the mean elevation at the foundation along the side(s) of the building facing a street. The finished grade of berms and other mounding techniques that might be added around building foundations to increase the height of the finished grade, and hence increase the allowable height of the building, shall not be used for measuring building height.

Helistop. An area, either at ground level or elevated on a structure, licensed by the federal government or an appropriate state agency and approved for the loading, landing, and takeoff of helicopters.

Historic District. One or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of a historic site or sites.

Historic Site. Any real property, man-made structure, natural object or configuration or any portion or group of the foregoing of historical, archaeological, cultural, scenic or architectural significance.

Historic Structure. Any structure that is:

A.

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

B.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district preliminarily determined by the Secretary to qualify as a registered historic district;

C.

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

D.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

1.

By an approved state program as determined by the Secretary of the Interior; or

2.

Directly by the Secretary of the Interior in states without approved programs.

Home Occupation. An activity carried out for gain by a resident, conducted entirely within a dwelling unit, which occupation is clearly incidental and secondary to the use of the lot for residential purposes.

Homeowners Association. A non-profit corporation established in accordance with standards contained in the Municipal Land Use Law N.J.S.A. 40:55D-1 et seq. for the control and maintenance of common areas and open space in conjunction with a development.

Horse Show. An event in which horses, which are kept or not kept, or both on the lot involved in the event are exhibited and judged as to their physical characteristics or performance, or both; and/or riders are judged as to their presentation and performance. Such an event shall be governed by the regulations of Section 726 hereof (except to the extent, if applicable at all, that such regulations are specifically pre-empted pursuant to the NJ Right to Farm Act, N.J.S.A. 4:1C-1 et seq.)

Horticulture. The growing or raising of nursery plants for sale for landscape purposes.

House of Worship. A building or group of buildings, including customary accessory buildings, designed or intended for public worship or religious education.

Housekeeping Unit. One or more persons living together in one dwelling unit on a fairly stable, rather than transient basis, where the occupants share the ordinary tasks of living in a dwelling unit such as, but not limited to, cooking and eating together, sharing inside and outside chores, and performing other functional duties and otherwise exhibiting a kind of stability, permanency and functional lifestyle which is equivalent to that of the traditional family unit.

Housing Consultant. The consultant firm engaged by the Township to administer the housing rehabilitation program and conversion program of the Township relating to lower income housing.

Housing Fund. The Housing Rehabilitation and Assistance Fund established by the Housing Ordinance of the Township of Tewksbury.

Housing Officer. The employee, consultant or authority or government or other agency charged with the responsibility of administering the affordable housing program of the Township.

Housing Ordinance. Ordinance No. 7-86 of the Township of Tewksbury, as amended and supplemented, which establishes the Housing Fund, Housing Officer and contains other provisions.

Housing for Farm Workers. Housing facilities for farm workers located upon the farm of an employer/farmer.

Impervious Surface. A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.

Impervious Surface Ratio. A measure of the coverage of a piece of land measured by dividing the total area of all impervious surfaces within the site by the total lot area.

Inclusionary Development. A development containing both affordable units and market rate units. This term includes, but is not limited to: new construction, the conversion of a non-residential structure to residential use and the creation of new affordable units through the gut rehabilitation or reconstruction of a vacant residential structure.

Junk Yard. Any lot with or without buildings used for the outside dismantling, deposit, collection or storage of waste, construction material, used or discarded things or materials, whether or not such use is in connection with a dismantling process, salvage or sale of structures, automobiles or other vehicles, equipment appliances and machinery and or parts thereof and similar products.

Kennel. Any building, structure or premises in which one or more animals are kept, boarded, bred or trained for commercial purposes. Medical and surgical services, if any, shall be limited to incidental services provided solely for animals being boarded, bred or trained on the premises. Animal kennel does not include animal hospitals (see definition "Animal Hospital").

Land, Contiguous. (See definition "Contiguous Land".)

Landlocked. Property which has no frontage on a public street.

Landmark. A building, structure, site, or object which possesses integrity of location, design, setting, materials, workmanship, or association, and which is either located within a Historic District or has been specifically identified as a historic site within the historic preservation plan element of the Master Plan of the Township pursuant to N.J.S.A. 40:55D-28b.(6), and has been determined, pursuant to the terms of this Appendix, to:

A.

Be of particular historic, cultural, scenic, or architectural significance to the Township and in which the broad cultural, political, economic or social history of the nation, state, or community is reflected or exemplified; or

B.

Be identified with historic personages or with important events in the main current of national, state or local history; or

C.

Show evidence of habitation, activity or the culture of prehistoric man; or

D.

Embody a distinguishing characteristic or an architectural type valuable as representative of a period, style or method of construction; or

E.

Represent a work of a builder, designer, artist, or architect whose individual style significantly influenced the architectural history of the Township.

Light Emission, Direct. Direct light emissions visible at a height of three (3) feet or anything higher at the property line. A bulb, reflective device, refractive lens device, globe, or diffuse panels, shall be considered a direct light emission source.

Light Trespass. Any form of artificial illumination emanating from a light fixture or illuminated sign that penetrates other property.

Loading Space. An off-street berth within a structure or in the open, but on the same lot with a building or a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading between the vehicle and the building.

Lot. 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. An area of land, which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a public street right-of-way or the access or "flagstaff" of a flag lot, shall not be included in calculating the minimum required "lot area".

Lot, Corner. A lot at the junction of and having frontage on two (2) or more intersecting streets.

Lot Coverage. The area of a lot covered by buildings, structures, and paved surfaces including, but not limited to, such paved surface improvements as parking and loading areas, driveways, sidewalks, decks, patios, brick walks, and compacted stone.

Lot Depth. The shortest horizontal distance between the front and rear lot lines measured from the midpoint of the front line to the midpoint of the rear lot line.

Lot Frontage. The horizontal distance between the side lot lines measured along a street line in a continuous unbroken line.

Lot, Internal. Any lot other than a corner lot.

Lot Line. Any line forming a portion of the exterior boundary of a lot and is the same line as the street line for that portion of a lot abutting a street. Lot lines extend vertically in both directions from ground level. On existing streets whose widths are proposed to be increased, the lot line shall be such as to provide for the widened street as shown on the Master Plan, Official Map or Road Ordinance.

Lot Line Adjustment. A change in a lot line accomplished by minor subdivision. (See definition "Boundary Line Adjustment".)

Lot Size Averaging, Residential Development. A planned development technique designed to encourage and promote flexibility, economy and environmental soundness in layout and design by varying, within a conventional subdivision, the lot areas and dimensions, as well as the yards and setbacks otherwise required by municipal development regulations in such a way that the average lot areas and dimensions, yards and setbacks within the subdivision conform to the conventional norms of the municipal development regulations; provided that such standards shall be appropriate to the type of development permitted.

Lot Size Reduction. In order to encourage and promote flexibility, economy and environmental soundness in layout and design, the Planning Board may approve the varying, within a conventional subdivision, of lot areas and dimensions, and yards and setbacks otherwise required by municipal development regulations in such a way that the average lot areas and dimensions, yards and setbacks within the subdivision conform to the conventional norms of the municipal development regulations; provided that such standards shall be appropriate to the type of development permitted.

Lot Width. The distance between side lot lines measured at the minimum required building setback from the street line, except on flag lots the lot width shall be measured at the building line.

Low and Moderate Income. An income level which is equivalent, in the case of the term "low income", to the very low income level, and in the case of the term "moderate income", to the low income level, established by the U.S. Department of Housing and Urban Development pursuant to 42 United States Code Section 1437a(b) and pertaining for the Township at the time of the relevant rental or sale of an involved dwelling unit. The term "family" or "household" when used with, or in the context of, the term "low and moderate income" or "lower income" shall have the meaning ascribed to the singular of the word "families" in the above code provision. In all events the foregoing terms in quotations shall have the meaning attributed to them by then current regulations adopted by New Jersey Council on Affordable Housing (COAH).

Low-Income Household. A household with a total gross annual household income equal to 50 percent or less of the regional median household income by household size.

Low-Income Unit. A restricted unit that is affordable to a low-income household.

Maintenance Guarantee. Any security which may be accepted by the Township of Tewksbury for the maintenance of any improvements required under N.J.S.A. 40:55D-1 et seq., including but not limited to, surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5 and cash.

Major Development. Development requiring major subdivision or major site plan approval.

Make-Ready Parking Space. The pre-wiring 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 (C.48:25-1 et al.).

Manufacturing. The production of articles or finished products from previously refined raw materials by giving them new forms or qualities.

Master Plan. A composite of one or more written or graphic proposals for the development of the Township of Tewksbury as set forth in and adopted pursuant to N.J.S.A. 40:55D-28.

Mayor. The chairman of the governing body of the Township of Tewksbury.

Merger. The consolidation of two or more lots into a single lot by the removal of the lot lines.

Mining. The extraction or quarrying of minerals, rocks and other solid material including operations of milling, crushing, screening, washing, flotation and other preparation customarily done at the mine site or as part of the mining activity.

Minor Subdivision. A subdivision of land that does not involve:

A.

The creation of more than three (3) lots, including the remainder of the original lot;

B.

A planned development as defined in the Municipal Land Use Law;

C.

Any new street;

D.

The extension of any off-tract improvement, the cost of which is to be prorated pursuant to Section 900 of this Ordinance.

If the lot to be subdivided has been part of a minor subdivision under this Ordinance or any ordinance repealed hereby, a further division of the lot shall not be classified as a minor subdivision if it would result in three or more lots being created within a 3-year period, including the remainder of the original lot.

Mixed Use. A development which includes residential, public, quasi-public, commercial, office and open space uses, and which has significant functional and physical integration of project components, including uninterrupted pedestrian connections, and which is in conformance with a comprehensive design plan.

Moderate-Income Household. A household with a total gross annual household income in excess of fifty (50) percent but less than eighty (80) percent of the regional median household income by household size.

Moderate-Income Unit. A restricted unit that is affordable to a moderate-income household.

Motion Sensor Device. A device that senses motion and will switch on lighting for a brief duration.

Mulch. A layer of wood chips, dry leaves, straw, hay, plastic, or other materials placed on the surface of the soil around plants to retain moisture, prevent weeds from growing, hold the soil in place, and aid plant growth.

Municipal Agency. The Planning Board, Board of Adjustment or Township Committee of the Township of Tewksbury when acting pursuant to N.J.S.A. 40:55D-1 et seq.

NA. The expressions "na", "n.a." or similar expression, found in a table in this Ordinance, means "not applicable."

Municipal Housing Liaison. The municipal employee duly designated by the governing body with the responsibility for monitoring, reporting oversight and general administration of the affordable housing program for the Township of Tewksbury. The previous title and role of the Housing Officer is transferred to the Municipal Housing Liaison.

Neighborhood Store. A retail store or shop which sells dairy products, meat products, sundries, beverages, prepared foods, canned goods, small quantities of vegetables and fruit, magazines, newspapers, other printed periodicals and baked goods. The store is intended to serve its immediate surrounding neighborhood, a village, or a hamlet.

Net Metering. Means, as defined in N.J.A.C. 14:8-1.2, as may be amended from time to time, - means a system of metering and billing for electricity in which the supplier/provider and/or the EDC:

1.

Credits a customer-generator at the full retail rate for each kilowatt-hour produced by a class I renewable energy system installed on the customer-generator's side of the electric revenue meter, up to the total amount of electricity used by that customer during an annualized period determined under N.J.A.C. 14:5.3; and

2.

Compensates the customer-generator at the end of the annualized period determined under N.J.A.C. 14:8-5.3 for any remaining credits, at a rate equal to the supplier/provider's avoided cost of wholesale power.

Non-conforming Lot. A lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

Non-conforming Structure. A building or structure the size, 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 reasons of such adoption, revision or amendment.

Non-conforming Use. 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 reasons of such adoption, revision or amendment.

Nursery. Land or greenhouses used to raise flowers, shrubs and plants for sale.

Office, Business or Professional. A building or portion thereof used as the place of business of a person, corporation, firm or public agency for professional services and administrative and executive purposes, but where retail sales are permitted only if they are an accessory to the principal office use.

Office Park Development. A tract comprehensively planned for office uses whether or not the buildings are erected in one development stage or over a period of time, but where the streets, utilities and lots are approved and constructed or guaranteed for the entire tract prior to construction of any portion of any building on the tract. Parks with no subdivided lots shall have buildings spaced so the mortgage and/or lease lines conform to the requirements for lot lines to establish conformance with this Ordinance for such matters as building setbacks, buffers, driveway locations and distances between buildings.

Official County Map. The map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of Hunterdon County pursuant to R.S. 40:27-5.

Official Map. A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32.

Off-Street Parking Area. An open area, other than a street or other public way, used for the parking of motor vehicles and available for use, whether for a fee or as a service or privilege, by clients, customers, suppliers or residents.

Off-Site Improvements. Improvements to accommodate conditions generated by a proposed development, including, but not limited to, new improvements and/or extensions and modifications of existing improvements. "Off-site" means 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-Tract Improvements. Improvements to accommodate conditions generated by a proposed development, including, but not limited to, new improvements and/or extensions and modifications of existing improvements. "Off-tract" means 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.

Off-Tract or Off-Premises Sign. An outdoor sign, including a billboard or outdoor advertising device, which advertises a commercial business, commodity, service or activity, conducted, sold or offered elsewhere than on the same lot upon which the sign is located. (This definition shall not apply to a sign advertising or relating directly to the sale, lease or construction upon the lot upon which the sign is located.)

On-Site. Located on the lot in question.

On-Tract. 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. 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.

Open Space Ratio. The area of the property that is landscaped or left in a natural state after development expressed as a ratio of the total site area.

Outdoor Light Fixture. An illuminating device which is permanently installed outdoors, including but not limited to, devices used to illuminate any site, structure or sign.

Parking Space. An area for the parking of a motor vehicle that is located on the same lot as the use it is serving. The area of a parking space is intended to be sufficient to accommodate the exterior extremities of the vehicle whether, in addition thereto, wheel blocks are installed within this area to prevent the bumper from overhanging one end of the parking space. The width and length of each space shall be as required by this Ordinance and shall be measured perpendicularly to each other regardless of the angle of the parking space to the access aisle or driveway. In order for a parking space to qualify as meeting the minimum parking requirements of this Ordinance, there must be unobstructed access to the parking space. No parking space may block another.

Party Immediately Concerned. 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 under N.J.S.A 40:55D-12.

Performance Guarantee. Security accepted by the Township under this Ordinance, at least 10 percent of the total of which shall be cash or certified check and the balance either cash, certified check, or bond in which the developer shall be principal and an acceptable surety company licensed to do business in the State of New Jersey shall be surety.

Permanent Standby Generator. An electrical generator which is permanently connected to the building's electrical systems in order to provide backup power in the event of power outages.

Permitted Use. Any use of land, building, or structure as permitted by this Ordinance.

Personal Private Recreational Facility or Athletic Facility or Activity. A recreational or athletic facility or activity conducted as an accessory use on the same lot as the principal permitted use and designed to be used primarily by the occupants of the principal use and their guests. This definition is not intended to include an agricultural accessory use. Nor is it intended to include the keeping and boarding of horses on single family residential lot as an accessory use in the Highlands District (HL), Lamington District (LT), Farmland Preservation (FP) and Piedmont District (PM); see, however, Section 709 C.11 and Section 710 C.10, which regulate such accessory uses.

Planned Development. Unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.

Planned Unit Development. An area with a specified minimum contiguous acreage of 10 acres or more to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in this Ordinance.

Planned Unit Residential Development. An area with a specified minimum contiguous acreage of 5 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, or public or quasi-public uses all primarily for the benefit of the residential development.

Planning Board. The Planning Board of Township of Tewksbury, Hunterdon County, New Jersey established pursuant to N.J.S.A. 4-40:5323.

Plants, Indigenous. Plants that are native to the Eastern United States and not imported stock from other areas of North America or other continents.

Plat. A map or maps of a subdivision.

Plat, Final. The plat of all or a portion of the development submitted for final approval prepared in accordance with the Map Filing Law R.S. 46:23-9.9.

Plat, Informal or Sketch. The plat submitted for purposes of discussion.

Plat, Preliminary. The plat submitted as a part of the application for preliminary approval.

Porch. A roofed open structure projecting from the front, side and/or rear wall of a building and having no enclosed features of glass, wood or other material except screening and the necessary columns to support the roof.

Portable Generator. An electrical generator that is not permanently connected to the building's electric systems which utilizes a self-contained fuel source and has wheels or is light enough to be carried by hand.

Preliminary Approval. The conferral of certain rights pursuant to sections 34, 36, and 37 of P.L. 1975, c. 291 (C. 40:55D-46; C. 40:55D-48; and C. 40:55D-49) prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.

Preliminary Floor Plans and Elevations. Architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form, its scope, scale and relationship to its site and immediate environs.

Principal Building or Structure. A building or structure within which is conducted the main or principal use of the lot on which said building is situated.

Principal Use. The main purpose for which any lot, building, and/or structure is used.

Private EVSE. EVSE that has restricted access to specific users, such as single- and two-family homes, or executive parking fleet parking with no access to the general public.

Private Recreation Club. A recreation facility operated by an organization (for profit or non-profit), and open only to bona fide members and guests of such organization. Such uses are principally for the enjoyment of outdoor recreation such as golf, tennis, swimming, riding, hiking, hunting and fishing. Accessory facilities may be included if clearly subordinate to the outdoor use such as covered tennis courts fewer in number than open courts, year-round pools, lockers and incidental eating and social facilities.

Processing. As used in Article VII, processing shall mean crushing, grinding, pulverizing, screening, stockpiling, loading or other procedures necessary to prepare rock, stone, sand or other natural excavated materials of a quarry for sale and/or distribution from the premises. It shall not include mixing with asphalt or other petroleum based products, or mixing or batching of concrete or cement based products.

Public Areas.

A.

Public parks, playgrounds, trails, paths and other recreational areas;

B.

Other public open spaces;

C.

Public scenic and historic sites; and

D.

Sites for schools and other public buildings and structures.

Public Drainage Way. The land reserved or dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream or water course for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen nonpoint pollution.

Public Open Space. An open space area conveyed or otherwise dedicated to the Township, Township agency, Township Board of Education, State or County agency, or other public body for recreational or conservational uses.

Public Utility. Any public utility regulated by the Board of Public Utilities and defined pursuant to C. 48:2-13.

Public Water Supply System. A water supply providing piped water to the public for human consumption, if such system has at least 15 service connections or regularly service at least 25 individuals pursuant to N.J.A.C. 7:19-1 et seq.

Publicly-Accessible EVSE. EVSE that is publicly available, such as park and ride, public parking lots and garages, on-street parking, shopping center parking or non-reserved parking in multi-family parking lots.

Quarrying. The business of conducting a quarry, including the extraction, excavation or processing of materials, and the sale or shipping of raw materials such as rock, stone or sand.

Recreational Vehicle. A vehicle which is:

A.

Built on a single chassis;

B.

400 square feet or less when measured at the longest horizontal projections;

C.

Designed to be self-propelled or permanently towable by another vehicle; and

D.

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

Repair. Work done on any improvement which is not an addition to the improvement, and does not change the appearance of the exterior surface of the improvement (other than for repainting or other work which restores the original exterior surface).

Replacement. Repair which requires a building permit.

Required Improvable Area. A unitary, unfragmented area of a lot within the building envelope which does not contain existing or proposed street rights-of-way, wetlands and their associated transition areas as determined and/or verified by the N.J. Department of Environmental Protection, flood plains, severe slopes, critical slopes, stormwater detention and/or retention facilities, existing easements which preclude structures, and areas of 0—1 foot seasonal high water table, based upon the Hunterdon County soil survey. The unitary, unfragmented area shall have a minimum width dimension of fifty (50) feet. The required improvable area shall be accessible to frontage on a street.

Research Facilities. Buildings or structures for experimentation in pure or applied research design, development and production of prototype machines or devices or of new products and uses accessory thereto, wherein products are not manufactured primarily for wholesale or retail sale, wherein commercial servicing or repair of commercial products is not performed and wherein there is no display of any materials or products.

Reservation.

A.

A provision in a deed or other real estate conveyance that retains a right for the existing owner even if other property rights are transferred;

B.

A method of holding land for future public use be designating public areas on a plat, map, or site plan as a condition of approval.

Residential Cluster. (See definition "Cluster Residential Development".)

Residential Density. The number of dwelling units per gross acre of residential land area including streets, easements and open space portions of a development.

Restaurant. A public eating facility where patrons are first seated at tables, 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 restaurants or fast-food restaurants as otherwise defined in this Section.

Restaurant, Drive-in. An establishment where patrons are served soft drinks, ice cream and other food products for consumption outside the confines of the principal building or in automobiles parked upon the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for the patrons.

Restaurant, Fast-Food. Any fast-food restaurant, including drive-in restaurants, which may or may not have tables, which is essentially designed to dispense quick, ready-made food of limited variety and at which the patron obtains food directly from the dispensing counter for consumption on or off such premises.

Retail Use. A commercial use as defined by Division G within the Standard Industrial Classification system (SIC).

Retaining Wall. A structure erected between lands of different elevation to protect structures and/or to prevent the washing down or erosion of earth from the upper slope level.

Retention Basin. A pond, pool or basin used for the storage of water runoff, whether natural or manmade, designed to contain water permanently.

Reverse Frontage Lots. Lots abutting a major street, with no access to the major street, but having driveway access to a side street or to a minor street running parallel to the major street.

Ridge Top Line. A line of ridges which are areas of similar topographic relief as identified by topographic mapping.

Right-of-Way. The total width and length of the course of a street, watercourse, utility alignment or other way and within which all improvements and rights of access are confined.

Road Ordinance. The Road Ordinance of the Township of Tewksbury, adopted March 9, 1960, and any amendments thereto.

Roadside Stand, Commercial. Shall mean any roadside stand that is not an integrated roadside stand.

Scenic Corridor. A right-of-way or an area visible from a highway, waterway, railway or major hiking, biking, or equestrian trail that is accessible to the public, and which provides vistas over water, across expanses of vegetation such as farmlands, woodlands or wetlands, or from mountaintops or ridges.

Scenic Ridge Corridors. Corridors of linear expanses of topographically elevated lands that are visually significant or geologically or botanically unique.

Scenic Road. A road that has been designated as scenic according to the criteria within the Scenic Road Ordinance, adopted December 30, 1996, and any amendments thereto.

Schools, Private Non-Profit. An institution of education whose general course work is comparable to the public school system.

Schools, Public. Schools whose curriculum is approved by the N.J. Department of Education or the N.J. Department of Higher Education as a unit receiving state financing and administration.

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

Sediment Basin. A barrier, dam, excavated pit, or dugout constructed across a waterway or at other suitable locations to intercept and retain sediment.

Sedimentation. 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 Housing. A residential development including accessory buildings and required or permitted social, cultural, medical and recreational facilities limited to certain age groups conforming to 24 CFR Part 100 Subpart E, Housing for Older Persons, of the Federal Fair Housing Amendments Act of 1988, as it may be amended or superseded.

Service Station. Lands and buildings providing for the fueling of vehicles as well as the sale of lubricants, and automotive accessories, and mechanical/electrical repair.

Service Use. A commercial use as defined by Division I within the Standard Industrial Classification system (SIC).

Setback. The minimum distance between a street line or a lot line and the principal building, said space to be unobstructed except by fences or by shrubbery or other planting.

Setback Line. A line drawn parallel to a street line or lot line and drawn to the point of the building nearest to the street line or lot line beyond which a building does not project. The minimum yard requirements shall be the minimum required setbacks. All setbacks from public streets shall be measured from the proposed right-of-way width as shown on the adopted Master Plan, Official Map, or Road Ordinance, except that on flag lots the minimum setback shall exclude the access strip.

Shed. An accessory structure with dimensions that are not less than sixty (60) square feet nor greater than one hundred fifty (150) square feet in area and not exceeding eight (8) feet in height at the eaves and used solely for storage purposes, and not for keeping or housing animals. A shed may maintain electrical service, but not heating, plumbing or water service.

Shed, Storage. An accessory structure which is used for storage purposes and which does not maintain any electrical, heating or water service. Any structure which is large enough to store road licensed or farm vehicles shall be considered a garage.

Shielded Light Fixture. A light fixture with a focused lens that allows no direct light emissions above a vertical cutoff angle of eighty (80) degrees through the light fixture's lowest light emitting part as certified by a photometric test. Any structural part of the light fixture providing this cutoff angle must be permanently affixed.

Sidewalk (Area). A paved path provided for pedestrian use and usually located at the side of a road within the right-of-way.

Sight Triangle. A triangular area at each corner of intersecting streets, or of streets and driveways, where the grading and landscaping is maintained and structures are restricted so as to allow drivers an unobstructed view along the intersecting street and driveway.

Sign. Any object, device, display, mural, obstructive, or a part thereof, situated indoors or outdoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, services, event or location by any means including words, letters, figures, designs symbols, fixtures, colors, illuminated or project images. Any announcement, declaration, demonstration, billboard, display, illustration or insignia used to promote or advertise the interests of any person, group of persons, company, corporation, service or product when the same is placed, erected, attached, painted or printed, whether inside or outside the building where it may be viewed from the outside of any structure on the premises where placed.

Sign Area. The area of any sign as calculated in this ordinance shall be computed as the product of the largest horizontal width and the largest vertical height of the lettering, illustration, display or background. This shall not be construed to include the supporting members of any sign which are used solely for such purpose. If the lettering, illustration, display or background is attached directly to the face of a building, the height or width of the sign shall be the height or width of the largest letter, illustration, display or background, which ever is the greater.

Sign Canopy. A sign that is mounted or painted on, or attached to, an awning, canopy or marquee.

Sign Facade. Any sign erected, constructed or maintained on a building with the principal support of said sign being the building, including specifically the painting of signs or displays on the exterior surface of a building.

Sign, Freestanding. Any sign, not attached to a building, which is erected, constructed, supported or maintained on a post or pole or other bracing or supporting device.

Sign, Ground-Mounted. Any freestanding sign which is flush to or rests upon the ground rather than erected on a post or pole.

Sign Height. In the case of a freestanding sign, the height will be computed from grade level to the greatest height at any one point in the sign.

Sign, Identification. Any sign which shall be used to advertise and identify the business conducted on the premises where the sign is located.

Siltation Basin. A facility through which stormwater is directed and which is designed to collect eroded soil from a designated area.

Site Plan, Major. 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, floodplains, 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 this Ordinance which requires review and approval of site plans by the Planning Board adopted pursuant to C. 40:55D-37 et seq.

Site Plan, Minor. The development plan of one or more lots which does not involve planned development, any new street or extension of any off-tract improvement and contains the information reasonably required in order to make an informed determination as to whether the requirements established by this chapter for approval of a minor site plan have been met.

A.

A change in use involving no building construction, other than interior modifications or interior structural alterations, and no need for additional off-street parking, lighting or drainage improvements.

B.

Minor structural changes, such as entry enclosures, porticos and other structural appurtenances, including roof appurtenances.

C.

Building additions not exceeding one thousand (1,000) square feet in ground coverage and accessory buildings and structures not exceeding four thousand (4,000) square feet in ground coverage, provided that the same do not invade upon any required parking area, setback area or otherwise violate any requirements of the Township Development Regulations.

Site Plan Review. The examination of the specific development plans for a lot. The term "site plan approval" means a requirement that the minor or major site plan be approved by the approving authority prior to the issuance of a building permit and a certificate of occupancy.

Slope. The degree of deviation of a surface from the horizontal, usually expressed as a percent or ratio of horizontal to vertical.

Slopes, Severe. Slopes having a gradient of at least 15% and not greater than 25%.

Slopes, Critical. Slopes having a gradient of greater than 25%.

Soil. All unconsolidated mineral or organic material, of whatever origin, that overlies bedrock and which can be readily excavated.

Soil Erosion and Sediment Control Plan. The plan indicating the proposed scheduling and construction details for soil erosion and sediment control.

Solar or Photovoltaic Energy System. Means a system of solar or photovoltaic modules, panels or arrays for the production of electrical energy that:

(1)

(a)

Generates electrical power by converting solar radiation into electricity;

(b)

Is located on the power beneficiary's premises;

(c)

Is designed and intended primarily to offset part or all of the beneficiary's requirements for electric energy consumption on-site; and

(d)

Is accessory to the beneficiary's principal use of the premises for other lawful purpose(s); and/or

(2)

Qualifies as a "net-metering" system as determined by the electric distribution retailer serving the area in which the property upon which the system is located.

Solar Panel. Means an elevated panel or plate, or a canopy or array thereof, that captures and converts solar radiation to produce power, and includes flat plate, focusing solar collectors, or photovoltaic solar cells and excludes the base or foundation of the panel, plate, canopy or array.

Specimen Tree. A particularly impressive or unusual example of a species due to its size, shape, age, historic significance or any other trait that epitomizes the character of the species.

Standards of Performance. Standards:

A.

Adopted by ordinance pursuant to subsection (C. 40:55D-65d.) regulating noise levels, glare, earthborn 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 by the Township; or

B.

Required by applicable Federal or State laws or Township ordinances.

Store, Retail. A building or part thereof in which retail uses are conducted.

Story. A. That portion of a building included between the surface of any floor and the surface of the next floor above it or, if there be no floor above it, then the surface between the floor and the ceiling next above it.

B.

The interior of the roof shall not be considered a ceiling; rather, the underside of the highest horizontal surface separating the area above from the remainder of the structure below shall be considered the ceiling.

C.

Cellars and basements ordinarily shall not be considered stories when considering the height of a building; provided, however, that finished basements in nonresidential buildings shall be considered a story for the purposes of height, floor area and parking computations in accordance with the requirements of this Ordinance.

D.

A half-story is the area under a pitched roof at the top of a building, the floor of which is at least 4 feet but no more than 6 feet below the plate; and such half-story shall not be used for nonresidential uses.

Street. Any street, avenue, boulevard, road, parkway, viaduct, drive or other way meeting that represents any of the following:

A.

Is an existing state, county or municipal roadway;

B.

Is shown upon a plat heretofore approved pursuant to law;

C.

Is approved by official action under N.J.S.A. 40:55D-1 et seq.; or

D.

Is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a planning board and the grant to such board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street line.

Street, Arterial. A higher-order, interregional road in the street hierarchy; conveys traffic between centers; should be excluded from residential areas. (See definition "Street Hierarchy".)

Street, Collector. A street that distributes traffic between residential access and subcollector streets, and, arterial order streets in residential subdivision design and between nonresidential uses and arterial roads. Such streets are intended to carry up to 3,000 vehicles per day (AADT).

Street, Cul-de-sac. A street with a single means of ingress and egress and having a turnaround, the design of which may vary. (See definition "Street Hierarchy".)

Street, Divided. A street having an island or other barrier separating moving lanes of traffic.

Street Furniture. Man-made, above ground items that are usually found in street rights-of-way, including benches, kiosks, bicycle racks, canopies, decorative traffic control fixtures, shelters and phone booths.

Street Hardware. The mechanical and utility systems within a street right-of-way such as hydrants, manhole covers, traffic lights and signs, utility poles and lines, parking meters, and the like.

Street Hierarchy. The conceptual arrangement of streets based upon function. A hierarchical approach to street design classifies streets according to function, from high-traffic arterial roads to streets whose function is residential access.

Street Line. The edge of the existing or future street right-of-way, whichever would result in the widest right-of-way, as shown on the adopted master plan or official map, forming the dividing line between the street and a lot.

Street, Loop. A street that has its only ingress and egress at two (2) points on the same subcollector or collector street.

Street, Major Arterial. A street designed to move traffic from municipality to municipality within a region and to provide connections between higher and lower orders of streets, with an AADT between 10,000 and 25,000 vehicles typically, though not exclusively, under county jurisdiction.

Street, Marginal Access. A service street that runs parallel to a higher-order street which provides access to abutting properties and separation from through traffic. It may be designed as a residential access street or minor collector as anticipated daily traffic dictates.

Street, Minor Arterial. A street which provides connections between major arterials and residential or nonresidential collector streets, and also functions as an intra-municipal travel path, typically under county jurisdiction. Such streets are intended to handle 3,000 and 10,000 AADT.

Street, Principal Arterial. A street intended to handle large volumes of regional and through traffic, typically under the jurisdiction of the State or Federal Government such as the Interstate Highway System, with an AADT exceeding 25,000 vehicles.

Street, Residential Access. The lowest order, other than rural street type, of residential street (see definition "Street Hierarchy"). Provides frontage for access to private lots and carries traffic having destination or origin on the street itself. Designed to carry traffic at slowest speed.

Street, Residential Major Collector. The highest order of residential street (see definition "Street Hierarchy"). Conducts and distributes traffic between lower-order residential streets and higher-order streets (arterials and expressways).

Street, Residential Minor Collector. Middle order of residential streets (see definition "Street Hierarchy"). Provides frontage for access to lots, and carries traffic to and from adjoining residential access streets.

Street, Residential Neighborhood. A type of residential access street conforming to traditional subdivision street design, which provides access to building lots fronting on a street and provides parking on both sides of street (see definition "Street Hierarchy").

Street, Rural. As it pertains to streets, when density is one dwelling unit per acre or lower, a road primarily serving as access to abutting building lots, which has no on-street parking, and lot-to-street access is designed so vehicles do not back out of lots onto the street (see definition "Street Hierarchy").

Streetscape. All of the elements that constitute the physical makeup of a street and that, as a group, define its character, including building frontage, street paving, street furniture, landscaping, including trees and other plantings, awnings and marques, signs and lighting.

Street, Stub. A street which is to be extended when the adjacent property is developed.

Street Tree. A tree in a public place, street, special easement or right-of-way adjoining a street typically large in size when mature.

Structure. A combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.

Subdivision. The division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or other divisions of land for sale or development. The term "subdivision" shall also include the term "resubdivision".

A.

The further divisions or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or

B.

The alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.

The following shall not be considered subdivisions within the meaning of this Ordinance, 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 (5) 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 of the municipality.

Subdivision, Agricultural. A form of exempt subdivision (determined by the Planning Board) that is five (5) acres or larger, will not contain a dwelling unit on the designated agricultural tract, and will be deed restricted to agriculture.

Subdivision and Site Plan Review Committee. A committee of at least three Planning Board members appointed by the Chairman of the Board for the purposes of classifying subdivisions and site plans in accordance with the provisions of this Ordinance, and having such other duties relating to subdivision and site plan reviews as may be conferred on the committee by the Board and this Ordinance, including the ability to approve minor subdivisions and minor site plans.

Townhouse. One dwelling unit in a building of 3 or more attached dwelling units connected by common vertical walls from the ground to the roof so that no unit shall be above or under another.

Township. The Township of Tewksbury in the County of Hunterdon.

Tract. An area of land composed of one or more lots which are the subject of the development application, as well as all contiguous property in the same ownership of which such lot(s) are a part, plus all portions of a street or right-of-way contiguous to such lot(s) or other property.

Trailer. A structure standing on wheels, or designed to be supported by wheels, and designed to be towed or hauled by another vehicle and used for carrying animals, goods or objects.

Trailers, Temporary Construction. A trailer for office or storage for the period of construction beginning with the issuance of a construction permit and concluding with the issuance of the final certificate of occupancy.

Transcript. A typed or printed verbatim record of the proceedings or reproduction thereof.

UHAC. The Uniform Housing Affordability Controls set forth in NJAC 5:80-26 et seq.

Useable Yard Area. The portion of a yard surrounding a structure which is viable for any use permitted by this Ordinance.

Use. 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.

Utility. Services limited to sewage treatment, water supply, gas, electric, telephone and cable television.

Variance. Permission to depart from the literal requirements of a zoning ordinance pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-70c. and 40:55D-70d.

Very Low-Income Household. A household with a total gross annual household income equal to 30 percent or less of the regional median household income by household size.

Very Low-Income Unit. A restricted unit that is affordable to a very low-income household.

Village House. A single-family detached dwelling on a small fee simple lot.

Vistas. A unique view from or to a particular point.

Waiver. The granting of relief from one or more submission requirements for an application or relief from design requirements as set forth in this Ordinance.

Wetlands. A freshwater wetland as defined in the New Jersey Freshwater Wetlands Protection Act N.J.S.A. 13:9B-1 et seq.

Wetland Buffer Area. A transition area as defined in the Freshwater Wetlands Protection Act (N.J.S.A. 13:9B-1 et seq.). The buffer or transition area shall have a width approved by the NJDEP (N.J. Dept. of Environmental Protection) under such Act. It is an area where the permitted uses shall be restricted to those approved under such Act and this Ordinance.

Yard. An open space extending between the closest point of any building and a lot line or street line. In a townhouse or other development where more than one building may be erected on a lot, yards shall also be the open space extending between structures. All yard dimensions shall be measured horizontally and at right angles to either a straight street line, lot line or building facade or perpendicular to the point of tangency of curved lines and facades. The minimum distance between buildings in developments where there is more than one building on a lot shall be the sum of the two required yards of the structures and in no event shall two structures be closer to one another than the sum of both required side yards.

Yard, Front. The area extending across the full width of a lot between the street line and the principal building or accessory facade(s) generally facing the street, extending from each end of the building facade(s) in lines parallel to the street line. For developments where more than one building may be erected on a lot, the width of the front yard shall be measured away from the designated front of the building to an imaginary line a designated distance away from the front of the building. In the case of a flag lot, the required front yard shall be provided between the nearest point of the front of the building and the nearest lot line.

Yard, Rear. The open space extending across the full width of the lot between the rear lot line and the principal building or accessory facade(s) generally facing the rear lot line, extending from each end of the building facade(s) in lines parallel to the street line. For developments where more than one building may be erected on a lot, the width of the rear yard shall be measured away from the designated rear of the building to an imaginary line a designated distance away from the rear of the building. In the case of a flag lot, the required yard shall be provided between the nearest point of the rear of the building and the nearest lot line. The building includes porches and decks.

Yard, Side. An area, unoccupied except by a use as hereinafter specifically permitted, extending from the front yard to the rear yard of a lot and lying between the side lot line and the nearest part of the principal structure on the lot.

Zero Lot Line Detached Residence. A single-family detached unit which is located in such a manner that one of the building's sides rests directly on a lot line.

Zoning Officer. The individual appointed by the Township Governing Body to enforce the Development Regulations Ordinance herein.

Zoning Permit. A certificate issued by the Zoning Officer:

A.

Which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building; and

B.

Which acknowledges that such use, structure or building complies with the provisions of the municipal zoning ordinance or variance there from duly authorized by a municipal agency.

Flood Control

The definitions relating to Flood Control can be found at § 724, Subsection B.

(Ord. 11-2023 § 1, 2023; Ord. 11-2022 § 1, 2022; Ord. 10-2021 § 1, 2021; Ord. 08-2021 § 1, 2021; Ord. 04-2021 § 1, 2021; Ord. 09-2019 § III, 2019; Ord. 07-2014 § 2, 2014; Ord. 09-2010 §§ 1, 2, 2010; Ord. 10-2009 § 1, 2009; Ord. 22-2005 § 6, 2005; Ord. 28-2004 § 1, 2004; Ord. 08-2004 § 1, 2004; Ord. 03-2003 § 1, 2003; Ord. 20-2002 §§ 1, 2, 2002; Ord. 30-2000 § 1, 2000; Ord. 18-2000 § 1, 2000; Ord. 11-2000 (part), 2000)