A. Usage. For the purposes of this chapter, certain phrases and words are herein defined as follows: Words used in the present tense include the future; words used in the singular number include the plural number, and vice versa; the word "used" shall include "arranged, designed, constructed, altered, converted, rented, leased or intended to be used"; the word "lot" includes the words "plot," "premises" and "tract"; the word "building" includes the word "structure" or "dwelling" or "residence"; the word "shall" is mandatory and not discretionary. Whenever a term is used in this chapter which is defined in N.J.S.A. 40:55D-1 et seq., such term is intended to have the meaning as defined in said Act,' unless specifically defined to the contrary in this chapter. Any word or term not defined herein shall be used with a meaning of standard usage. [Amended 1-31-1977 by Ord. No. 1-1977]
B. Definitions of township-wide application. As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING, STRUCTURE OR USE A building, structure or use which is customarily associated with and is subordinate in area, extent and purpose and incidental to the principal building, structure or use, contributes primarily to the comfort, convenience or necessity of the occupants, business or industry of the principal structure or principal use served 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. [Amended 8-6-1982 by Ord. No. 16-1982; 4-3-1997 by Ord. No. 1-1997]
ADMINISTRATIVE OFFICER - The Planning Board and/or Zoning Board Secretary, as may be appropriate. [Added 5-30-1979 by Ord. No. 8-1979]
AFFORDABLE SENIOR CITIZEN HOUSING -Housing for households where at least one member is 62 years of age or older and which is affordable by low- and moderate-income households according to standards promulgated by the Council on Affordable Housing or as otherwise provided through a state or federal housing program designed to provide affordable housing. [Added 7-21-1994 by Ord. No. 7-1994]
AGRICULTURE - A production of plants or animals useful to man, including but not limited to forages or 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, and including the breeding and grazing of any or all such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables, nursery, floral, ornamental and greenhouse products; or any land devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under any agency of the state or federal government; specifically excluded from this definition, however, are processing plants. Notwithstanding the foregoing activities which qualify as forestry within the meaning of the definition of forestry found at Section 190-5(D) of this Code shall not constitute agriculture under this definition.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 5-2000.
AIRPORT SAFETY ZONE - An overlay zone delineated in accordance with the standards and methodology promulgated by the New Jersey Department of Transportation, Division of Aeronautics, as set forth by N.J.A.C. 16:62-3.1 or such other superseding or amending regulation. [Added 5-1-1997 by Ord. No. 3-1997]
ALTERATIONS OR ADDITIONS, STRUCTURAL - Any change in or additions to the supporting members of a building, such as walls, columns, beams, girders, posts or piers, or in the dimensions or configurations of the roof or exterior walls. [Amended 8-6-1982 by Ord. No. 16-1982]
**Webmaster's Note: The previous is current through Supplement dated 10-20-98.
ALTERNATE DESIGN PILOT PROGRAM TREATMENT SYSTEM : An individual or community on site waste water treatment system that has the capability of providing a high level of treatment including a significant reduction in the level of total nitrogen in the wastewater, limited to the following systems authorized for use for residential development by the pilot program established in N.J.A.C. 7:50-10, Part IV:
a. Ashco RES III;
b. FAST;
c. Cromaglass;
d. Bioclere; and
e. Amphidrome
**Webmasters Note: The previous definition has been added as per Ordinance No. 19-2003.
ALTERNATIVE TOWER STRUCTURE - mounting structures that camouflage or conceal the presence of towers;
**Webmasters Note: The previous definition has been added as per Ordinance No. 9-2000.
ANTENNA - any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, satellite dishes and omni-directional antennas;
**Webmasters Note: The previous definition has been added as per Ordinance No. 9-2000.
APPLICATION FOR DEVELOPMENT - The application form and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction for the issuance of a permit pursuant to N J S A 40.55D-1 et seq. or N.J.S.A 13:18A-1 et seq. [Added I31-77 by Ord. No. 1-1977; amended 8-6-82 by Ord. No. 16-1982]
BACKHAUL NETWORK - the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers or the public switched telephone network;
**Webmasters Note: The previous definition has been added as per Ordinance No. 9-2000.
BALCONY - An exterior floor projecting from and supported by a structure without additional independent supports, shall be subject to the setback requirements as outlined in the Schedule of Area and Yard Requirements, for that zone for the principal building.
**Webmasters Note: The previous definition has been added as per Ordinance No. 18-2001.
BASEMENT - A story having more than twenty-five percent (25%) of its clear height below average contact grade
BICYCLE LANE (BIKE LANE) A portion of a roadway which has been designated by striping, signing, and pavement markings for the preferential or exclusive use of bicycles.
BICYCLE PATH (BIKE PATH) A bikeway physically separated from motorized vehicular traffic by an open space or barrier, and either within the highway right-of-way or within an independent right-of-way or easement.
BIKEWAY Any road, path, or way which in some manner is specifically designated as being open to bicycle travel, regardless of whether such facilities are designated for the exclusive use of bicycles or are to be shared with other transportation modes.
**Webmasters Note: The previous definitions, Bicycle Lane (Bike Lane) through Bikeway, have been added as per Ordinance No. 21-2008.
BILLBOARD - Any structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes, other than on a building or its grounds, giving the name and occupation of the user of the premises, the nature of the business conducted therein or the products primarily sold or manufactured therein, except that in the Pinelands Area any sign advertising roadside farm stands shall not be considered a "billboard " [Amended 8-6-82 by Ord. No. 16-1982]
BUILDING - Any structure or extension thereof or addition thereto, either temporary or permanent, having a roof supported by such things as columns, posts, piers or walls and intended for the shelter, business, housing or enclosing of persons, animals or property [Amended 8-6-82 by Ord. No. 16-1982]
BUILDING COVERAGE - The square footage or other area measurement by which all buildings occupy a lot, as measured on a horizontal plane around the periphery of the foundation and including the area under the roof of any structure supported by columns but not having walls, as measured around the outside of the outermost extremities of the roof above the columns.
BUILDING HEIGHT - The vertical distance measured to the highest point from the mean elevation of the finished grade five (5) feet away from the foundation along the side(s) of the building facing a street or at the street line, whichever is closer to the foundation. On a corner lot, the height shall be measured on the street having the greatest slope
CAMPER -
(1) A self-propelled vehicular structure built as one (1) unit on a chassis and designed for temporary living for travel, recreation, vacation or other short-term use, which may contain cooking, sleeping and sanitary facilities
(2) An immobile structure containing cooking and sleeping facilities for travel, recreation, vacation or other short-term use and designed to be attached to the body of another vehicle for transporting from one location to another
(3) A portable vehicular structure built on a chassis designed for camping, the body of which is basically rectangular with a flat top not more than four (4) feet above the surface of the ground The camper is designed to have a temporary tent erected above the four-foot level for camping facilities
CHILD-CARE CENTER - Any facility which is maintained for the care, development and supervision of six (6) or more children who attend the facility for less than twenty-four (24) hours per day and which offers such programs as private nonsectarian child-care centers, daycare centers, drop-in centers, day nursery schools, play schools, cooperative child centers, centers for children with special needs, infant-toddler programs, employment-related centers and/or kindergartens that are not an integral part of a private educational institution or system offering elementary education in grades kindergarten through six. A "child-care center" shall not offer programs operated by a public or private day school of elementary and/or high school grades, special activity programs for children, youth camps and/or religious classes or centers [Added 9-6-1990 by Ord. No. 18-1990]
CLUSTER SINGLE-FAMILY RESIDENTIAL DEVELOPMENT - A development technique based on a gross dwelling unit density for the entire tract in the zoning district in which it is located and allowing the lot sizes for detached dwellings to be reduced or individual segments to have higher densities so long as the gross density is not exceeded
CO-LOCATION - use of a common wireless telecommunications tower or a common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or placement of a wireless telecommunications tower on a structure owned or operated by a utility or other public entity;
**Webmasters Note: The previous definition has been added as per Ordinance No. 9-2000.
COMMERCIAL PIGGERIES - Any plot of land that is used for the raising, breeding and selling of hogs, swine or pigs where this use is not incidental to some other primary agricultural use of farm premises containing a dwelling [Added 5-30-79 by Ord. No. 8-1979]
COMMERCIAL WIRELESS TELECOMMUNICATIONS SERVICES - licensed commercial wireless telecommunication services including cellular, personal communications services, specialized mobilized radio, enhanced specialized mobilized radio, paging, and similar services that are marketed to the general public;
**Webmasters Note: The previous definition has been added as per Ordinance No. 9-2000.
COMMON PROPERTY - A parcel or parcels of land or an area of water, or a combination of land and water, together with the improvements thereon, designed and intended for the ownership, use and enjoyment shared by the residents and owners of the development "Common property" may contain such complementary structures and improvements as are necessary and appropriate for the benefit of the residents and owners of the development
COMPLETE APPLICATION - An application form completed as specified by ordinance and the rules and regulations of the municipal agency and all accompanying documents required by ordinance for approval of the application for development, including, where applicable, but not limited to, a site plan or subdivision plat, provided that the municipal agency may require such additional information not specified in the ordinance or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency An application shall be certified as complete immediately upon the meeting of all requirements specified in the ordinance and in the rules and regulations of the municipal agency and shall be deemed complete as of the day it is so certified by the administrative officer for purposes of the commencement of the time period for action by the municipal agency [Added 5-2-1980 by Ord. No. 12-1980]
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 chapter and upon the issuance of an authorization therefor by the Planning Board [Added 1-31-1977 by Ord. No. 1-1977]
CONDOMINIUM - An apartment or townhouse building(s) where each dwelling unit is individually owned by respective housekeeping units while common property is collectively owned and maintained by all the residents of the building(s)
COUNTY PLANNING BOARD - A county planning board established by a county pursuant to N.J.S.A. 40 27-1 to exercise the duties set forth in such chapter, and also, in any county having adopted the provisions of the Optional County Charter Law, P.L. 1972, c. 154, NJ S A 40-41A-1 et seq., any department, division, board or agency established pursuant to the Administrative Code of such county to exercise such duties, but only to the degree and extent that the requirements specified in such chapter for county planning boards do not conflict with the organization and structure of such department, division, agency or board as set forth in the Administrative Code of such county [Added 5-2-1980 by Ord. No. 12-1980]
DECK - An exterior floor supported on at least two opposing sides by an adjacent structure, and/or posts, piers or other independent supports, except that a handicap ramp meeting barrier free code requirements shall not be considered a deck, and shall not be regulated by this chapter.
DECK, ATTACHED - If constructed 30 or more inches above finished grade and attached to the principal building or constructed within 4" thereof, shall be subject to the setback requirement as outlined in the Schedule of Area and Yard Requirements, for that zone for (lie principal building.
DECK, DETACHED - If constructed 30 or more inches above finished grade, but not attached to the principal building, the deck shall be subject to the Schedule of Area and Yard Requirements, for that zone as an accessory structure.
DECK, GRADE LEVEL - If constructed less than 30 inches in height above grade (measured from finished grade to the top of the deck), is not subject to the Schedule of Area and Yard Requirements, for that zone, except that a minimum setback of ten (10) feet shall be maintained from property lines in all cases.
DECK HEIGHT - For an attached deck, the average vertical distance measured to the highest point of the deck from the mean elevation of the finished grade under the deck a distance of five (5) feet away from the foundation along the side(s) of the building. For a detached deck, the average vertical distance to the highest point of the deck from the mean elevation of the finished grade as measured from a horizontal distance five (5) feet away from the deck on all sides of the deck.
**Webmasters Note: The previous definitions, Deck through Deck Height, have been added as per Ordinance No. 18-2001.
DWELLING, DETACHED - A building physically detached from other buildings or portions of buildings which is occupied or intended to be occupied for residence purposes by one (1) housekeeping unit and which has its own cooking, sleeping, sanitary and general living facilities
DWELLING UNIT - A room or series of connected rooms containing living, cooking, sleeping and sanitary facilities for one (1) housekeeping unit. 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
EQUIPMENT SHED/SHELTER - an enclosed structure, cabinet, shed, or box at the base of the local communications facility within which are housed batteries and electrical equipment.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 9-2000.
EXEMPT HOME OCCUPATION - [Added 12-15-1994 by Ord. No. 8-1994] A low-intensity use, exclusive of those home professional occupations otherwise permitted in this chapter, provided that such exempt home occupation conforms to the following requirements
(1) No person other than members of the household residing on the premises shall be engaged in such occupation
(2) The use of the dwelling unit for the "exempt home occupation" shall be clearly incidental and subordinate to the use of the property for residential purposes by its residents, and not more than twenty percent (20%) of the floor area of the dwelling unit shall be used in the conduct of the "exempt home occupation."
(3) There shall be no external auditory or visual evidence of the "exempt home occupation "
(4) The "exempt home occupation" shall not necessitate any additional parking at any time in addition to those vehicles ordinarily used by the residents of the home Commercial vehicles shall not be utilized in association with the "exempt home occupation "
(5) No site plan approval is required for an "exempt home occupation" use
FAA - Federal Aviation Administration;
**Webmasters Note: The previous definition has been added as per Ordinance No. 9-2000.
FARM [Amended 5-30-1979 by Ord. No. 8-1979].
(1) PRINCIPAL USES - A lot of at least six (6) acres, with the first acre devoted to the dwelling (if applicable) and at least five (5) additional acres devoted to agricultural use, including the growing and harvesting of crops and the raising and breeding of farm animals, except that commercial piggeries are prohibited Truck farms, fruit farms, nurseries, greenhouses, dairies and livestock produce are permitted
(2) ACCESSORY USES - Buildings incidental to farms such as greenhouses, buildings for the housing of seasonal workers for the farm's own use, barns and packing, grading and storage buildings limited to produce raised on the premises Processing operations, buildings for the keeping of poultry, airstrips for the spraying of crops where primarily local crops are serviced, garages for the storage of farm equipment and farm stands are "accessory farm uses " [Amended 8-6-1982 by Ord. No. 16-1982]
FCC - Federal Communications Commission;
**Webmasters Note: The previous definition has been added as per Ordinance No. 9-2000.
FIRST-FLOOR AREA - The residential portion of a dwelling unit, excluding basements and garages, measured by using the outside dimensions of the residential portion of the building For a split-level, bi-level or tri-level dwelling, the area shall be considered to be the sum of the areas of two (2) adjoining levels, excluding basements and garages, provided both levels are connected by permanent, built-in stairs in the interior of the building
FLAG LOT - A lot which meets the area requirements of this chapter except lot frontage, which may be reduced to permit utilization of lands with limited road frontage [Added 8-6-1982 by Ord. No. 16-1982]
FLOODPLAIN - The relatively flat terrain adjoining a water channel which has been or may be hereafter covered by floodwater of the channel
FLOOR AREA, FINISHED - In the computation of required minimum floor area as required in this chapter, only finished space shall be calculated 'Finished floor area" is that space in which all internal systems (plumbing, heating, electrical service, etc ) are completely installed and operational and where finish materials (sheet rock, paneling, etc ) are in place and ready to receive cosmetic finishing (paint, wall covering, floor coverings, etc ) No floor area of any basement shall be included in the computation of minimum floor area as required in this chapter [Added 5-30-1979 by Ord. No. 8-1979; amended 12-15-1994 by Ord. No. 8-1994]
GARAGE, PRIVATE - An accessory building or structure or portion of a main building or structure for the parking of vehicles and incidental storage requirements of the occupants of the principal use, building or structure of the lot, provided that, in the computation of required minimum floor area, a garage shall include a roof, walls and doors which fully enclose the garage space [Amended 3-3-1978 by Ord. No. 1-1978; 8-6-1982 by Ord. No. 16-1982]
GARAGE, PUBLIC - A building or part thereof, other than a private garage, used for the storage, care or repair of motor vehicles customarily used for private transportation, local school buses, commercial vehicles, farm equipment and farm vehicles
GARDEN APARTMENT - An apartment containing a minimum of six (6) dwelling units and not exceeding two (2) stories in height
GOLF COURSE - An area of fifty (50) or more contiguous acres containing a full-size professional golf course at least nine (9) holes in length, not less than three (3) par each, together with the necessary accessory uses and structures such as clubhouses, dining and refreshment facilities, provided that the operation of such is incidental and subordinate to the operation of the golf course
GRADE, FINISHED - shall mean a reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and a point five (5)' from the building. The finished grade shall include the completed surfaces of lawns, walks, driveways and roads brought to grade as shown on official plans. No certificate of occupancy will be issued until the finished grade has been completed.
**Webmasters Note: The previous definition has been added as per Ordinance No. 18-2001.
GROSS FLOOR AREA - The area measured by using the outside dimension of the building, excluding the area of a garage, attic, open porch or patio Only those floor areas which have a ceiling height of eight (8) feet or more and those areas used for storage space in nonresidential uses shall be included in the "gross floor area " The "gross floor area" of a townhouse, apartment or other attached structure shall be measured from the center of interior walls and the outside of exterior walls
HEIGHT - when referring to a tower or other structure, the distances measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and antenna;
**Webmasters Note: The previous definition has been added as per Ordinance No. 9-2000.
HOME OCCUPATION - An occupation being conducted wholly or in part from a residence or its residential lot as an accessory use Such occupations shall be conducted solely by resident occupants of the residential building, except that no more than two (2) persons not residents of the building may be employed, and provided also that no more than nine hundred (900) square feet or the equivalent of the first-floor area of the building, whichever is smaller, shall be used for such purpose, that the livable floor area for the residence shall remain at least as large as that required of the residences, that no display of products shall be visible from the street, that the residential character of the building shall not be changed, that the occupation shall be conducted entirely within either the dwelling unit or an accessory building, but not both; that no occupational sounds shall be audible outside the building; that no article shall be offered for sale on the premises, that no machinery or equipment shall be used which will cause interference with radio and television reception in neighboring residences, and that the use does not reduce the parking or yard requirements of the principal use
HOMEOWNERS ASSOCIATION - An incorporated, nonprofit organization operating in a cluster or planned unit development under recorded land agreements through which
(1) Each lot owner is automatically a member
(2) 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
(3) Each owner and tenant has the right to use the common property
HOSPITAL, REST HOME AND NURSING HOME An establishment for rest and recuperation containing beds for four (4) or more patients and used for the diagnosis, treatment or other care of human ailments
HOUSEKEEPING UNIT - One (1) or more persons living together in one (1) dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a nonprofit basis
INDUSTRIAL PARK - An area wherein one (1) or more buildings are erected for industrial purposes in relation to one another as part of an integrated and comprehensively planned total unit, whether or not the buildings are erected simultaneously or over a period of time
INTERESTED PARTY - In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey In the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter, or whose rights to use, acquire or enjoy property under this chapter or under any other law of this state or of the United States have been denied, violated or infringed by an action or a failure to act under N.J.S.A 40 55D-1 et seq. [Added 1-31-1977 by Ord. No. 1-1977]
LATTICE TOWER - a freestanding tower with multiple legs and cross-bracing of structural steel;
**Webmasters Note: The previous definition has been added as per Ordinance No. 9-2000.
LIQUEFIED PETROLEUM, LP GAS DISTRIBUTION POINT - Any facility which normally receives LP gas by tank truck and which fills small containers or the engine fuel tanks of motor vehicles on the premises [Added 6-17-1993 by Ord. No. 8-1993]
LOADING SPACE - An off-street space or berth on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading or unloading, with fifteen (15) feet of vertical clearance
LOT - Any parcel of land separated from other parcels or portions as by a subdivision plat or deed of record, survey map or by metes and bounds, except that for purposes of this chapter contiguous undersized "lots" under one (1) ownership shall be considered one (1) "lot," and except further that no portion of a street shall be included in calculating the lot boundaries or areas
LOT AREA - The area contained within the lot lines of a lot, but not including any portion of a street right-of-way
LOT, CORNER - A lot on the junction of and abutting on two (2) or more intersecting streets where the interior angle of the intersection does not exceed one hundred thirty-five degrees (135)
LOT DEPTH - The shortest horizontal distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line
LOT FRONTAGE - The horizontal distance between side lot lines, measured along the street line The minimum "lot frontage" shall be the same as the lot width, except that on curved alignments with an outside radius of less than five hundred (500) feet, the minimum distance between the side lot lines measured at the street line shall not be less than fifty percent (50%) of the required minimum lot width, and except further as permitted in 190-54 In the case of a corner lot, either street frontage which meets the minimum frontage required for that zone may be considered the "lot frontage " [Amended 5-30-1979 by Ord. No. 8-1979]
LOT, INTERIOR - A lot other than a corner lot
LOT LINE - Any line forming a portion of the exterior boundary of a lot and the same line as the street line for that portion of a lot abutting a street
LOT WIDTH - The straight and horizontal distance between side lot lines at setback points on each side lot line measured an equal distance back from the street line The minimum "lot width" shall be measured at the minimum required building setback line Where side lot lines are not parallel, the minimum "lot width" at the setback line shall not be less than seventy-five percent (75%) of the minimum "lot width" for the zoning district in which the lot is located, except that such reduction shall not encroach on required side yards [Amended 5-30-79 by Ord No. 8-1979]
