Shall mean all practices that are conducted in compliance with all Federal, State, County and/or local laws and/or regulations and/or the Recommended Practices articulated in ANSI A300.

Shall mean a building, structure or use which is customarily associated with and is subordinate and incidental to the principal building, structure or use and which is located on the same lot therewith. An accessory building attached to the principal building shall comply in all respects with the requirements applicable to the principal building.

Shall mean a way for vehicular and foot traffic leading from any street.

Shall mean 43,560 square feet.

Shall mean the New Jersey Municipal Land Use Law, Chapter 291 of the Laws of 1975, as supplemented and amended.

Shall mean the Clerk of the municipality unless a different municipal official or officials are designated by ordinance or statute.

Shall mean a dwelling unit that is restricted to occupancy and sale to persons of low and moderate income as established by the New Jersey Council on Affordable Housing, and in accordance with the Township's Affordable Housing Plan.

Shall mean soils classified in the Soil Survey of Hunterdon County, New Jersey, U.S. Department of Agriculture, Soil Conservation Service, November, 1974. The term, unless otherwise specified, refers to land capability classes I, II, and III; those soils which may be considered prime agricultural soils.

Shall mean a minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.

Shall mean and include, but are not limited to, the following:

Shall mean a person, partnership, corporation, or public agency requesting permission to engage in land development or land disturbance.

Shall mean the fully and properly completed application form and all accompanying documents and information required by this chapter, within the relevant development application checklist, unless waivers for such information have been granted by the Board having jurisdiction, and all requisite fees submitted in a manner that would allow the application to be deemed complete in accordance with the Act and this chapter, for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to Section 25 (C. 40:55D-34); or Section 27 (C. 40:55D-36) of the Act.

Shall mean a Woodland Management Plan that has been reviewed and endorsed by the Union Township Planning Board following review and report to the Board by the Environmental Commission, Tree Committee.

Shall mean the Union Township Planning Board unless a different agency is designated by ordinance when acting pursuant to the authority of the Act.

Shall mean the total area of a sign including all borders and trim but not structural elements.

Shall mean the cross sectional area of a tree measured at a point 4.5 feet above the surface of the natural grade.

See Site Area, Base.

Shall mean an enclosed area partly or completely below grade. It shall be considered a building story if more than 1/3 of the perimeter walls are five feet or more above grade and if the net area of the door or window openings in the exterior walls is equal to at least 10% of the enclosed floor area.

See Sign, Outdoor Advertising.

Shall mean the Union Township Board of Adjustment established pursuant to Section 56 (C. 40:55D-69) of the Act.

Shall mean a person occupying any room or group of rooms forming a single, habitable unit used or intended to be used for living and sleeping but not for cooking or eating purposes, and paying compensation for lodging or board and lodging by prearrangement for a week or more at a time to the owner or operator. Any person occupying such room or rooms and paying such compensation without prearrangement or for less than a week at a time shall be classified for the purposes of this chapter not as a roomer, boarder, or lodger but as a guest of a commercial lodging establishment (motel, hotel, tourist home).

Shall mean a strip of required yard space adjacent to the boundary of a property, district, road, street, or highway, not less in width than is designated in this chapter, and on which is placed year-round shrubbery, hedges, evergreens, or other suitable plantings of sufficient height and density to constitute an effective screen and to give maximum protection and immediate screening to an abutting property or district. A buffer yard may include a wall or fence or a solid wall or fence, provided that such wall or fence is screened or constructed in such a manner that it will not conflict with the character of the abutting district.

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

Shall mean the line parallel to the proposed right-of-way line at a distance therefrom equal to the depth of the front yard required for the district in which the lot is located; provided that, in the case of a lot situated at the end of a cul-de-sac where the side lines are divergent, the building setback line shall be where lot width first coincides with the required minimum lot width but in no case closer to the street than the required front yard.

Shall mean the term used to describe the size of buildings or other structures and their relationship to each other, to open areas such as yards, and to lot lines, and therefore included;

Shall mean a measurement of the size of a tree equal to the diameter of its trunk measured 4 1/2 feet above natural grade.

Any person or entity holding a Class 1 cannabis cultivator license issued by the State of New Jersey that grows, cultivates, or produces cannabis in the State of New Jersey, 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.

The transportation of cannabis items and related supplies to a consumer. “Cannabis delivery” also includes the use by a licensed cannabis retailer of any third-party technology platform to receive, process, and fulfill orders by consumers, which third party shall not be required to be a licensed cannabis establishment, distributor, or delivery service, provided that any physical acts in connection with fulfilling the order and delivery shall be accomplished by a certified cannabis handler performing work for or on behalf of the licensed cannabis retailer, which includes a certified cannabis handler employed or otherwise working on behalf of a cannabis delivery service making off-premises deliveries of consumer purchases fulfilled by that cannabis retailer.

Any person or entity holding a Class 6 cannabis delivery license issued by the State of New Jersey that 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.

Any person or entity holding a Class 4 cannabis distributor license issued by the State of New Jersey that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports 40 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.

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

Any person or entity holding a Class 2 cannabis manufacturer license issued by the State of New Jersey, that 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.

Any person or entity holding a Class 5 cannabis license issued by the State of New Jersey that 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. A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer.

Any person or entity holding a Class 3 cannabis wholesaler license issued by the State of New Jersey that 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.

Shall mean a governmental acquisition of real property or major construction project.

Shall mean a story, partly underground, and having more than 1/2 of its height (measured from floor to ceiling) below the average level of the adjoining ground or a floor to ceiling height of less than 6 1/2 feet. A cellar should not be considered in determining the permissible number of stories or square footage nor shall it be used for dwelling purposes.

Shall mean a written endorsement of a plan for soil erosion and sediment control by the Township Engineer which indicates that the plan meets the Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee.

Shall mean a person authorized by the Department of Environmental Protection (DEP), New Jersey Forest Service, pursuant to N.J.A.C. 7:3-2, to annually attest that a landowner is in compliance with a Woodland Management Plan and/or program.

Shall mean a commercial facility in which child care services are provided for a fee to six or more children at any one time for more than 15 hours per week, and said use is required to be licensed by the N.J. Department of Human Services pursuant to P.L. 1983, c. 492 (C.30:5B-1 et seq.).

Shall mean any the removal of more than 20% of all standing trees on a lot, parcel or site within any twenty-year period.

Shall mean an area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of the street right-of-way lines.

Shall mean the New Jersey Council on Affordable Housing.

Shall mean the rules and procedures as established by the New Jersey Council on Affordable Housing (COAH) in regard to the collection, use, and administration of development fees for affordable housing purposes.

Shall mean a general plan, sufficiently detailed for discussion purposes.

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

Shall have the meaning as defined within the State Condominium Act. Real estate, portions of which are designed for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the included interests in the common elements are vested in the unit owners.

Shall mean a portion of land dedicated for designated conservation purposes and designated as such on any recorded deed, plat plan and/or as otherwise identified and delineated in any site plan.

Shall mean immediately adjacent, abutting, bordering, and/or sharing a common property line.

Shall mean a residential facility designed to house persons over the age of 65 or handicapped persons whose health requires that special services and support systems be available on-site to enable such persons to live outside of an institution, which residential facility both adjoins and has access to the services of a nursing home as herein defined in addition to the on-site services provided to the residents.

Shall mean development other than planned development.

Shall mean a lot which has an interior angle of less than 135° at the intersection of two street lines. A lot fronting upon a curved street or streets shall be considered a corner lot if the tangents to the curve at points within the lot or at the points of intersection of the side lot lines with the street line intersect at an angle of less than 135°. Front yards are required on both streets, the remaining yards are to be side yards.

Shall mean a composite of the master plan for the physical development of Hunterdon County with the accompanying maps, plats, charges and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.

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

Shall mean any of the following:

Shall mean a street which intersects another street at one end and terminates at the other end in a vehicular turnaround.

Shall mean calendar days.

Shall mean an exterior floor system supported on at least two opposing sides by an adjoining structure and/or posts, pier or independent supports. A deck may be attached to the structure or freestanding. Decks shall be defined as accessory structures.

Shall mean the transfer of property interests from private to public ownership for a public purpose. The transfer may be of fee simple interest or a less than fee interest, including an easement.

Shall mean a measure of the number of permitted dwelling units per gross area of land to be developed including proposed streets, easements and open space portions of a development. Gross density shall be expressed in "dwelling units per acre." This measure is determined by dividing the number of dwelling units into the gross site area.

Shall mean the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

Shall mean the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill, 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 the Act.

See "Application for development."

Shall mean the money paid by an individual, person, partnership, association, company or corporation for the improvement of property in lieu of providing for the construction of affordable housing units within the Township as specified and required by this chapter and the New Jersey COAH rules.

Shall mean the diameter of a tree measured at a point 4.5 feet above the surface of the natural grade.

Shall mean any direct glare source visible from a height above five feet at the subject property line.

Shall mean any activity involving the clearing, excavating, storing, grading, filling, or transporting of soil or any other activity which causes soil to be exposed to the danger of erosion.

Shall mean a channel with or without a supporting ridge on the lower side constructed across or at the bottom of a slope.

Shall refer to the diameter breast height and shall mean the diameter of the stem of a tree measured 4.5 feet above the surface of the ground.

Shall mean a roadway or passageway which is not a street as defined herein but which prior to adoption of this chapter, has become an established use for owners of abutting lands having no frontage on any existing State, County, or municipal road for ingress or egress over the property of others, between a public street and the abutting properties. Private roads or lanes entirely situated on a single property shall not be considered a driftway.

Shall mean a line connecting points on the ground that lie directly beneath the ends of the outermost stems of a tree.

Shall mean a private strip of land, generally graded, intended for use as a means of vehicular or pedestrian access to an individual lot.

Shall mean a building designed and occupied for residential purposes, excluding hotels, rooming houses, tourist homes, institutional homes, residential clubs, mobile home parks, and the like.

Shall mean one or more rooms for living purposes, together with cooking and sanitary facilities, which are used or intended to be used by one or more persons living together and maintaining a common household. Each shall be accessible from the outdoors either directly or through an entrance hall shared with other dwelling units.

Shall mean a right-of-way or restriction granted for limited use of private land within which the owner of the property may be restricted from erecting permanent structures but shall have the right to make any other use of the land which is not inconsistent with the rights of the grantee.

Shall mean the lowest horizontal line of a sloping roof.

Shall mean Elder Cottage Housing Opportunity unit which is a small removable modular cottage in the rear or side yard of a dwelling. The ECHO unit shall be a separate living quarters, accessory to a primary residence on the premises, not exceeding 750 square feet of gross floor area for the use of and occupancy by not more than two persons who are related by blood, marriage or adoption to the owner who must occupy the primary residence on the premises. One of the ECHO unit occupants shall be 60 years of age or older.

Shall mean a man-made deposit of soil, rock, or other materials.

Shall mean a term referred to in the parking standards as a measure of the number of parking spaces required. It shall refer to the maximum number of employees on duty at any time, whether the employees are full or part time. If shifts are involved in which two shifts overlap, it refers to the total of both shifts.

Shall mean the Zoning Officer, Construction Official or other individual appointed by the municipality to enforce this chapter within the jurisdiction of the municipality.

Shall mean a municipal advisory board created pursuant to P.L. 1968, C. 245 (C. 40:56A-1 et seq.).

Shall mean the value of a property determined by the Municipal Tax Assessor through a process designed to ensure that all property in the municipality is assessed at the same assessment ratio or ratios required by law. Estimates at the time of building permit may be obtained by the Tax Assessor utilizing estimates for construction cost. Final equalized assessed value will be determined at project completion by the Municipal Tax Assessor.

Shall mean the process by which soil and bedrock are worn away.

Shall mean an act by which soil or soils are cut into, dug, quarried, uncovered, removed, displaced or relocated.

Shall mean the vertical location of the existing ground surface prior to cutting or filling.

Shall mean all existing lots identified and recorded in the Township's Map as of the date of adoption of this ordinance.[1]

Shall mean an addition to the floor area of an existing building, an increase in size of another structure, or an increase in that portion of a tract of land occupied by an existing use.

Shall mean the exterior wall, face, or plane of a building. The area of the facade is computed by multiplying the distance between the corners of the facade by the distance from the average level of the finished grade of the ground to the eaves or parapet of the facade.

Shall mean one or more persons related by blood, foster relationship, marriage, or adoption, and, in addition, any domestic servants or gratuitous guests thereof; or a group of not more than five persons who need not be so related; and, in addition, domestic servants or gratuitous guests thereof, who are living together in a single dwelling unit and maintaining a common household with single cooking facilities. A roomer, boarder, or lodger shall not be considered a member of the family.

Shall mean a private residence in which child care services are provided for a fee to not less than three and no more than five children at any one time for no less than 15 hours per week, and said use is registered as a family day care home pursuant to the "Family Day Care Provider Registration Act" P.L. 1987, c. 27 (C. 30:5B-16 et seq.).

Shall mean a lot of at least five acres used solely for agricultural purposes, exclusive of the minimum lot area required for a building intended for habitation.

Shall mean a parcel or parcels of land, whether contiguous or noncontiguous, together with agricultural or horticultural buildings, structures, and facilities, producing agricultural or horticultural products, and operating as a single enterprise.

Shall mean a ground mounted renewable energy generating facility which is rated to generate no more than two MW (megawatts) of electricity and which constitutes an accessory use on agriculturally assessed land and which occupies no more than 10 acres of total land area.

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

Shall mean the final elevation of the ground surface conforming to the proposed design.

Shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from:

Shall mean the 100 year flood elevation, plus a free board safety factor of 1 1/2 feet.

Shall mean that portion of the flood hazard area outside the floodway. The boundaries of the flood fringe are delineated on the Flood Insurance Study for the municipality and on the Flood Boundary and Floodway Maps (as further defined in § 30-6 herein), such maps being a part of the Flood Insurance Study; the Flood Boundary and Floodway Maps are hereby incorporated into this chapter and shall be as much a part of this section as if all were fully described herein.

Shall mean:

Shall mean those floodplain districts specifically designated in each municipality, as being inundated primarily by the 100-year flood. Such areas include the Floodway District, the Flood Fringe District, and the Approximated Floodplain District.

Shall mean areas subject to periodic flooding and listed in the Soil Survey of Hunterdon County, N.J., U.S. Department of Agriculture, Soil Conservation Service, November, 1974 as being "on the floodplain" or subject to "flooding."

The following soil types are floodplain soils:

Shall mean structural or other changes or adjustments to properties or obstructions for the reduction or elimination of flood damages to such properties and obstructions, or to the contents of the structure.

Shall mean the channel of a river or other watercourse and the adjacent land areas required to carry and discharge the flood of the one hundred (100) year magnitude without causing more than a two-tenths (0.2') foot rise above the current natural conditions. The boundaries of the floodway are delineated on the Flood Insurance Study and the Flood Boundary and Floodways Maps referred to in § 30-6.

Shall mean the sum of the areas of the several floors of a building measured from the outside face of the exterior walls or from centerlines of walls separating two buildings. In particular, floor area includes, but is not limited to, the following:

Shall mean the sum of the area of all floors of buildings or structures to the total area of the site.

Shall mean a unit of illuminance on a surface one foot square in area onto which there is a uniform flux of one lumen.

Shall mean the ongoing program of clearing or cutting timber resources within the forested or wooded areas and coordinated with a reforestation program. Forestry does not include authorized clearing in accordance with plans approved pursuant to this chapter, the issuance of a building permit, nor the removal of sick or dead trees.

Shall mean a margin of safety, expressed in feet above the 100-year flood elevation.

Shall mean a light fixture with cutoff optics that allows no light emissions above a vertical cutoff angle of ninety (90°) degrees and a maximum of ten (10%) percent of numeric value of the lamp lumen output radiates over an eighty (80°) degree angle above nadir (straight down at perfect vertical) through the light fixture's lowest light emitting part when mounting height is sixteen (16') feet or less. Any structural part of the light fixture providing this cutoff angle must be permanently affixed. No direct up light.

Shall mean 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 the loss of visual performance and visibility.

Shall mean the Township Committee, the chief legislative body of the municipality.

Shall mean any stripping, cutting, filling, stockpiling, or any combination thereof and shall include the land in its cut or filled condition.

Shall mean a permit issued to authorize work to be performed under this chapter in situations not requiring subdivision or site plan approval.

Shall mean a natural or constructed path, usually broad and shallow, covered with erosion resistant grasses, used to conduct surface water from a field diversion or other site feature.

Shall mean a renewable energy generating facility which is rated to produce greater than two megawatts of electricity and which constitutes a principal use on the property.

Shall mean the first floor of a building other than a cellar or basement.

Shall mean a level, landscaped, and/or surfaced area, also referred to as a ground level patio which does not rise above the existing grade, and is not covered by a permanent roof.

Shall mean a tree or limbs thereof that meet one or more of the criteria below. Trees that do not meet any of the criteria below and are proposed to be removed solely for development purposes are not hazard trees.

Shall mean a grouping of 10 or more trees where the width group is less than the average height of the trees and the length of the group is at least four times average height of the trees. Hedgerows are typically located along property lines or between areas of vegetation in earlier stages of succession or along roads and parallel thereto.

Shall mean the vertical distance measured from the average level of the finished grade along all the exterior walls of a building to:

Shall mean one or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.

Shall mean any real property, man-made structure, natural object or configuration, or any portion or group of the foregoing, of historical, archeological, cultural, scenic or architectural significance.

Shall mean trees that are of unique historical value, as determined by the Planning Board in consultation with the Union Township Historical Society, and therefore constitute an important community resource.

Shall mean as defined under § 30-5.5hl, H-1 Home Occupation.

Shall mean an incorporated, nonprofit organization operating in a cluster or planned development under recorded land agreements through which (a) each lot owner is automatically a member; (b) each occupied dwelling unit is automatically subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the Township, and (c) each owner and tenant has the right to use the common property.

Shall mean Illuminating Engineering Society of North America. An organization that provides standards for the lighting industry.

Shall mean:

Shall mean buildings for public or quasipublic use, grading, paving, street lights and signs, fire hydrants, water mains, sanitary sewers, storm drains, sidewalks, crosswalks, bridges, culverts, monuments, retaining walls, and shade trees; as proposed or required, and intended for dedication to the municipality.

Shall mean a performance subdivision or other type of residential development in which at least 5% of the units are reserved for low income households as defined by the New Jersey Council on Affordable Housing and in which at least 5% are reserved for moderate income households as defined by the New Jersey Council on Affordable Housing.

Shall mean of, relating to, concerning, or arising from the assembling, fabrication, finishing, manufacturing, packaging, or processing of goods. This does not include recycling operations or quarrying operations or reclamation.

Shall mean:

Shall mean an undeveloped substandard lot in separate ownership from surrounding property.

Shall mean natural or artificial bodies of water which retain water year-round. Artificial ponds may be created by dams or result from excavation. The shoreline of such water bodies shall be measured from the permanent pool elevation. Lakes are bodies of water two or more acres in extent. Ponds are any body less than two acres in extent.

Shall mean and include improvements and fixtures on, above or below the surface.

Shall mean trees that are of unique ecological or aesthetic value, as determined by the Planning Board, and therefore constitute an important community resource.

Shall mean a portion of land dedicated for landscaping and, more specifically, the installation or planting of landscape materials including but not limited to trees, shrubs, ground covers, turf and/or other planting materials. A landscape easement may be required as a landscape barrier or buffer between properties of different uses or between residential neighborhoods and arterial streets and/or areas of a nonresidential nature. Additionally, a landscape easement may be identified and delineated in a deed, plat plan and/or site plan.

Shall mean any form of artificial illuminance emanating from a light fixture or illuminated sign that penetrates other property and creates a nuisance, as specified in § 30-7.5.

Shall mean an area abutting the building especially designated for the loading and unloading of vehicles and which has convenient access to a storage location for the goods loaded or unloaded, such access being furnished by an elevated floor, a recessed vehicle parking area, a ramp, or other facility of like purpose.

Shall mean a street which has two points of intersection with the same road. In its simplest form a loop street enters a tract, follows a course through it, and returns to the same road at some distance from the other intersection.

Shall mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

Shall mean total gross household income equal to 50% or less of the median household income for households of the same size and using the median income data for households accepted by the Council on Affordable Housing for the region which includes Union Township.

Shall mean the lowest floor of the enclosed area, including basement.

Shall mean any security which may be accepted by a municipality for the maintenance of any improvements required by this act, including but not limited to surety bonds, letters of credit under the circumstances specified in Section 16 of P.L. 1991, c. 256 (C. 40:55D-53.5), and cash.

Shall mean any subdivision not classified as a minor subdivision.

Shall mean a unit of housing which:

Shall mean a composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to Section 19 (C. 40:55D-28) of the Act.

Shall mean the chief executive of the municipality, whatever his or her official designation may be, except that in the case of municipalities governed by municipal council and municipal manager the term "mayor" shall not mean the mayor of such municipality.

Shall mean a meteorological tower used for gathering atmospheric information, such as wind speed and direction.

Shall mean a subdivision of land which does not involve (1) the creation of more than one lot per calendar year and a remainder; (2) planned development; (3) any new street; or (4) extension of any off-tract improvements. No plat shall be classified as a minor subdivision if it results in any remaining lands capable of being resubdivided into one or more building lots.

Shall mean:

Shall mean a total gross household income between 50% and 80% of the median household income for households of the same size and using the median income data for households accepted by the Council on Affordable Housing fort the region which includes Union Township.

Shall mean the application of plant or other suitable materials on the soils surface to conserve moisture, hold soil in place, and aid in establishing plant cover.

Shall mean a municipal Planning Board or Board of Adjustment, or a governing body of a municipality when acting pursuant to this act and any agency which is created by or responsible to one or more municipalities when such agency is acting pursuant to the Act.

Shall mean the Township of Union.

Shall mean the ground surface in its original state before any grading, excavation or filling.

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

Shall mean a 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.

Shall mean a use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

Shall mean nursery stock that complies with the standards and recommended practices of the American Nursery and Landscape Association (ANLA) ANSI Z60.1 and/or American Association of Nurserymen.

Shall mean a health care facility duly licensed as a nursing or convalescent care facility, which provides nursing care in addition to shelter and board, and for which a certificate of need has been issued by the New Jersey Department of Health.

Shall mean any structure or assembly of materials including fill above and below the surface of land or water, and any activity which might impede, retard or change flood flows. The planting, cultivation, and harvesting of field and orchard crops, or the grazing of livestock, including the maintenance of necessary appurtenant agricultural fencing, shall not be considered any obstruction under this definition and shall not be subject to regulation under these regulations.

Shall mean the legal occupant of a building or premises licensed to engage in a business, residence, or profession, or exempt from license due to governmental, educational, religious, or other privileged status.

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

Shall mean not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.

Shall mean the map, with changes and additions hereto, adopted and established by resolution of the County Board of Chosen Freeholders pursuant to N.J.S.A. 40:27-5.

Shall mean a map adopted by ordinance pursuant to New Jersey MLUL Chapter 291, Article 5 (C. 40:55D-32 et seq.).

Shall mean located on the lot in question.

Shall mean located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

An auction house shall be considered as a retail commercial use per Use E-1 or E-2 herein, conducted in a place where objects of art, furniture, and other goods are offered for sale to persons who bid on the object in competition with each other.

Open air auctions are commercial uses per § 30-5.3 herein, conducted in the open air on a recurring basis where objects of art, furniture, machinery, farm equipment and other goods are offered for sale to persons who bid on the object in competition with each other.

Shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment 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.

Shall mean an electrically powered illuminating device which is either temporarily or permanently installed outdoors, including but not limited to, devices used to illuminate any site, architectural structure or sign. The face of the lamp must be recessed within the enclosure and any glass/plastic protective or diffusing device cannot extend beyond that enclosure.

Shall mean light fixture suitable for outside use.

Shall mean any individual, firm, association, syndicate, copartnership, or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.

Shall mean the top of a building wall or facade which is raised above the roof.

Shall mean any security which may be accepted by a municipality, including but not limited to surety bonds, letters of credit under circumstances specified in Section 16 of P.L. 1991, c.256 (C. 40:55D-53.5), and cash.

Shall mean a subdivision in which mixed residential types are encouraged in order to promote appropriate land planning and to provide a variety of housing choices and to encourage clustering so as to provide open space.

Provided, however, that any proposed project in the AP or CR Zones created under the performance subdivision provision herein shall not contain an excess of more than 10% of the total lots or units that could have been created in a standard subdivision or site plan under the provisions for a conventional project in the same district.

Shall mean natural persons, corporations and all other entities.

Shall mean the Union Township Planning Board established pursuant to Section 14 (C. 40:55D-23) of the Act.

Shall mean a map or maps of a subdivision or site plan.

Shall mean the contamination of any waters such as will create a nuisance or to render such waters harmful, detrimental, or injurious to public health, safety, or welfare; or to domestic, municipal, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses; or to livestock, wild animals, birds, fish, or other aquatic life, including but not limited to such contamination by alteration of the physical, chemical, or biological properties of such waters, or change in temperature, taste, color, or odor thereof, or the discharge of any liquid, gaseous, radioactive, solid, or other substances into such waters.

A portable self-storage container that is delivered to and retrieved from a residential property for the temporary storage of personal property, and which is located for such purposes outside an enclosed building other than an accessory building or shed complying with all building codes and land use requirements. Such containers are not on a chassis and do not have axles or wheels.

Shall mean the preliminary plat indicating the proposed layout of the subdivision which is submitted to the secretary of the Planning Board for Planning Board consideration and tentative approval, and meeting the requirements of this chapter.

Shall mean any tax parcel within a municipality.

Shall mean a ground mounted renewable energy generating facility which constitutes an accessory use on a preserved farm and which shall be permitted at a scale not to exceed 110% of the previous years energy demand for the farm management unit or 1% of the total acreage of the farm management unit which ever is greater. In no case shall a facility be rated to generate more than two megawatts of electricity.

Shall mean the main purpose for which a lot or building, or portion of a lot or building, is used.

Shall mean an accessory building for the storage of motor vehicles owned and operated by the occupants of the principal building and which no occupation, business or service for a fee either monetary or otherwise is carried on. Said buildings shall be limited in total capacity to three vehicles.

Shall mean:

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

Shall mean any building or structure or extension thereof used, or to be used, by a public utility, corporation or authority for public utility purposes.

Shall mean visible from a public thoroughfare, public lands or buildings, public pathways, trails, bicycle paths or waterways or from private property not owned by the applicant.

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

Shall mean a level, landscaped, and/or surfaced area, also referred to as a raised patio, that is raised above the existing grade, and is not covered by a permanent roof. Raised terraces shall be defined as accessory structures.

Shall mean a space allocated for the collection and storage of source separated recyclable materials.

Shall mean a facility and all associated equipment that engages in the production of electric energy from solar technologies, photovoltaic technologies, or wind energy.

Shall mean any deciduous or evergreen woody plant of the caliper required in this chapter, planted for the purpose of replacing trees, removed.

See § 30-6.4a3(b)(5), Resource Protection Ratio.

Shall mean an area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.

Shall mean the number of dwelling units per gross acre of residential land area including streets, easements and open space portions of a development.

Shall mean a renewable energy generating facility which is rated to generate no more than 110% of the historical energy use from the previous year of the meter connected to the renewable energy system and which constitutes an accessory use to a principal residential or commercial use.

Shall mean a building accessory to a detached dwelling unit which is utilized for the storage of tools, lawn and garden equipment and furniture and similar household items and personal property owned by the occupants of the detached dwelling unit. For the purposes of this definition, travel trailers, campers, mobile homes, shipping containers and storage containers such as "PODS^®" are not considered as residential sheds.

Shall mean:

Shall mean:

Shall mean a pond, pool or basin used for the permanent storage of water runoff.

Shall mean a lot extending between and having frontage on a major street and a minor street with vehicular access solely from the minor street.

Shall mean:

Shall mean the classification of roads as described in the Comprehensive Master Plan for Union Township or approved plans of Hunterdon County or the State Department of Transportation.

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

Shall mean the cross sectional dimension of the circle swept by the rotating blades of a wind-powered energy generator.

Shall mean any immature woody plant having at least one stem greater than 0.75 inch and less than three inches in diameter at a point 4.5 feet above the natural ground surface and having a mature height of greater than 20 feet.

Shall mean a barrier or dam built across a waterway or at other suitable locations to retain rock, sand, gravel, silt, or other material.

Shall mean a reservoir space allotted to the accumulation of submerged sediment during the life of a structure.

Shall mean the deposition of solid material, both mineral and organic, that was in suspension and that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.

Shall mean any municipality or privately owned sewer system in which sewage is collected from several buildings on a single property or from several lots and treated at a common plant. The design, operation, and location of the sewer plant shall be in accordance with the waste water policies of Union Township, participating municipalities and the State Department of Environmental Protection. For the purposes of this chapter, community sewage systems shall be defined in accordance with the administrative regulations of the Department of Environmental Protection.

Shall mean a single or multi-stem woody plant having a mature height of less than 20 feet.

Shall mean a triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection; also known as sight easement.

Shall mean:

Shall mean the ownership of a lot, tract, or parcel of land by one or more persons, partnerships, corporations or other legal entities, which is separate and distinct from the ownership of any abutting or adjoining lot, tract, or parcel. Separate and distinct means that the lot, tract, or parcel owned does not abut or adjoin any other lot, tract, or parcel of land under the ownership or control of the same one or more persons, partnerships, corporations, or other legal entities.

Shall mean:

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

Shall mean the sketch map of a subdivision used for the purpose of classification and meeting the requirements of this chapter.

Shall mean luminance in the atmosphere caused by dust, water vapor, and other particles that reflect and scatter any stray lighting that is reflected or emitted into the atmosphere.

Shall mean degree of deviation of a surface from the horizontal, usually expressed in percent.

Shall mean a wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which as a rated capacity consistent what applicable provisions of the State Uniform Construction Code promulgated pursuant to the "State Uniform Construction Code Act" P.L. 1975, c. 217 (C. 52:27D-119 et seq.) and technical bulletins issued pursuant to Section 2 of P.L. 2009, c. 244 (C. 40:55D-66.13), and which will be used primarily for on-site consumption.

Shall mean all unconsolidated mineral and organic matter of whatever origin that underlies bedrock and which can be readily excavated.

Shall mean a plan which fully indicates necessary land treatment measures, including a schedule for the timing of their installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee.

Shall mean a facility and all associated equipment that engages in the production of electric energy from solar or photovoltaic technologies.

Shall mean 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.

Shall mean any of the following:

Shall mean and include substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation.

Shall mean any storm drainage technique that retards or detains runoff, such as a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells or any combination thereof.

Shall mean that part of a building located between the surface of any floor and the floor or roof next above. The first story of a building is the lowest story having 50% or more of its area above grade level or having the floor at the level of the exterior grade on one or more sides. A 1/2 story is a story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor. Also see Basement, herein.

Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way (1) which is an existing State, County or municipal roadway, or (2) which is shown upon a plat heretofore approved pursuant to the law, or (3) which is approved by official action as provided by this Act, or which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines. The specific classification for each street is shown on the "Street Classification Map," in the master plan and is hereby made a part of this chapter.[3]

Shall mean the dividing line between the street and the lot. The street line shall be the same as the legal right-of-way; provided that where an ultimate right-of-way width for a road or street has been established in the adopted master plan or official map, that width shall determine the location of the street line.

Shall mean any activity which removes or disturbs the vegetative surface cover including clearing and grubbing operations.

Shall mean a combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land, including gas and liquid storage tanks and mobile homes.

Shall mean any individual, firm, association, syndicate, copartnership, corporation, trust, or any other legal entity commencing proceedings under this chapter to affect a subdivision of land hereunder for himself or for another with the written consent of the owner according to the provisions of this chapter.

Shall mean a division of a lot, tract, or parcel of land into two or more lots, tracts, parcels, or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created:

Shall mean any repair, reconstruction, or improvement of an existing mobile home park or mobile home subdivision where such repair, reconstruction, or improvement of the streets, utilities and pads will equal or exceed 50% of the value of the streets, utilities and pads before the repair, reconstruction, or improvement is started.

Shall mean any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started, or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or any alteration to a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

Shall mean a determination made by COAH approving a municipality's housing element and fair share plan in accordance with the provisions of the Act and the rules and criteria as set forth herein. A grant of substantive certification shall be valid for a period of six years in accordance with the terms and conditions contained therein.

Shall mean:

Shall mean stabilization of erosive or sediment producing materials.

Storage for a limited duration until a Township-issued permit for such use expires.

Shall mean the area of a plane passed through the stem of a tree at right angles to its longitudinal axis and at a height of 4.5 feet above the ground. Because the area approximates a circle it can be computed from the following formula: ᴨr² here r equals 1/2 the diameter of the tree at 4.5 feet above the ground. Where a tree contains multiple stems, total basal area of the tree shall be the sum total of the basal area for each stem as calculated using the methodology set forth above.

Shall mean any woody plant having at least one stem greater than three inches in diameter at a point 4.5 feet above the natural ground surface and having a mature height of at least 20 feet.

Shall mean any action that results in the death or significant degradation of the health or vigor of a living tree including but are not limited to the following:

Shall mean the application form, as approved by the Township Committee, to be submitted by an applicant in connection with any proposed tree removal activity as described in this ordinance.

Shall mean the fee, as approved by the Township Committee, to be collected with each tree removal application submitted to the Township of Union.

Shall mean written authorization issued by the Union Township Zoning Officer authorizing the removal of a designated tree or trees identified in the applicant's tree removal permit application.

Shall refer to the minimum standards set forth in this chapter regarding planting requirements for replacement trees and including but not limited to those set forth in Subsection d as well as those set forth as accepted nursery practices and/or recommended practices of the American Nursery and Landscape Association.

Shall mean:

Shall mean those services customarily rendered by public utility corporations, municipalities, or municipal authorities, in the nature of electricity, gas, telephone, water and sewerage, including the appurtenances used in connection with the supplying of such services (buildings, wires, pipes, poles, and the like).

Shall mean permission to depart from the literal requirements of a zoning ordinance pursuant to Section 47 and subsections 29.2b, 57c and 57d. (C. 40:55D-40b., C. 40:55D-70c., C. 40:55D-70d.) of the Act.

Shall mean stabilizations of erosive or sediment producing areas, by covering the soil with permanent seeding, producing long-term vegetative cover; short term seeding producing temporary vegetative cover; or sodding, producing areas covered with turf of perennial sod forming grass.

Shall mean any natural or artificial waterway, stream, river, creek, ditch, channel, millrace, canal, conduit, culvert, drain, gully, ravine, or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel, bed, and banks, and shall include any area adjacent thereto subject to inundation by reason of overflow of floodwater.

Shall mean areas known as marshes, swamps, or wetlands, including all areas with a slope of less than 0.5% or less and greater than 1/4 of an acre where standing water is retained for a portion of the year and unique vegetation has adapted to the area.

Shall mean a wind generator and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component necessary to fully utilize the wind generator.

Shall mean equipment that converts energy from the wind into electricity. This term includes the rotor, blades and associated mechanism.

Shall mean a facility or structure for the purpose of supplying electrical energy produced from wind, solar, or photovoltaic electrical energy produced from wind, solar or photovoltaic technologies, whether such a facility or structure is a principal use, a part of the principal use, or an accessory use or structure.

Shall mean a vertical structure designed to support wireless telecommunications antennas which may be of monopole or self-supporting or guyed lattice construction.

Shall mean a fenced-in area which houses wireless telecommunications buildings, antennas, equipment and/or towers.

Shall mean any area with more than 10 trees greater than six inches in caliper measured at a point four feet above grade on any 1/2 acre of a subdivided lot for single-family detached dwelling.

Shall mean a written plan, prepared by a certified forester and in accordance with N.J.S.A. 54:4-23.3, that outlines proposed management of woodlands, forests and/or trees on a particular property.

Shall mean areas, groves, or stands or mature or largely mature trees (i.e. greater than six (6") inches caliper as measured at a point four and one-half (4.5') feet above grade) covering an area greater than one-quarter (1/4) acres; or groves of mature trees (greater than twelve (12") inches caliper as measured at a point four and one-half (4.5') feet above grade) consisting of more than ten (10) individual trees. Woodlands consist of three (3) different associations with can be determined by field survey in combination with air photo interpretation.

Shall mean:

Shall mean the Zoning Officer of the Township of Union, Hunterdon County.

Shall mean a document signed by the administrative officer (1) 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 (2) which acknowledges that such use, structure or building complies with the provisions of the municipal zoning ordinance or variance therefrom duly authorized by a municipal agency pursuant to Sections 47 and 57 (C. 40:55D-60, C. 40:55D-70) of the Act.