Word and phrases shall be presumed to have their
ordinary meanings, unless specifically defined or interpreted differently
in this article. Disputes concerning definition or interpretation
of a word shall be resolved by the Board of Adjustment or the Planning
Board.
A.
For the purpose of this chapter, certain words and
terms are defined as follows: Words used in the present include the
future; words used in the singular include the plural number, and
words in the plural include the singular number; the word "person"
includes an individual, corporation, partnership, public agency, business
trust, association, two or more individuals or entities having a joint
or common interest or any other legal entity; the word "building"
shall include the word "structure"; the term "used" shall include
the words "arranged, designed or intended to be used"; the term "occupied"
shall include the words "arranged, designed or intended to be occupied";
the word "lot" includes the word "plot"; the word "zone" includes
the word "district"; the word "premises" includes "vacant land"; the
term "shall" indicates a mandatory requirement; and the term "may"
indicates a permissive action.
B.
This chapter, being necessary for the welfare of Hamilton
Township and its inhabitants, shall be construed liberally to effect
the purposes of this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
A structure or use which:
Is subordinate to, customarily incidental to
and serves a principal building or principal use;
Is subordinate in area, extent and purpose to
the principal structure or principal use served;
Contributes primarily to the comfort, convenience
or necessity of the occupants, business or industry of the principal
structure or principal use served; and
[Amended 8-4-1997 by Ord. No. 1280-97]
Is located on the same parcel as the principal
structure or principal use served, except as otherwise expressly authorized
by the provisions of this chapter.
[Amended 8-4-1997 by Ord. No. 1280-97]
An area designed and equipped for the conduct of sports,
leisure-time activities and other customary and usual recreational
activities.
The construction of a new improvement as part of an existing
improvement when such new improvement changes the exterior appearance
of the existing improvement.
An establishment primarily engaged in management and general
administrative functions such as executive, personnel, finance and
sales activities performed centrally for other establishments of the
same company.
The Zoning Officer of Hamilton Township, unless a different
municipal officer is designated within this chapter or by statute.
Housing which falls within the financial means of a household,
guidelines being that a household will not have to spend more than
30% of its annual income for shelter or expend more than two times
the amount of its annual income for the purchase of a home.
Airfield and heliports which are accessory to agricultural
uses and are used exclusively for the storage, fueling, loading and
operation of aircraft as a part of an ongoing agricultural operation.
A retail sales establishment primarily intended to sell agricultural
products produced in the Pinelands. An agricultural commercial establishment
may be seasonal or year-round and may or may not be associated directly
with a farm; however, it does not include supermarkets, convenience
stores, restaurants and other establishments which coincidentally
sell agricultural products, nor does it include agricultural production
facilities such as a farm itself nor facilities which are solely processing
facilities. Such establishments shall not exceed 5,000 square feet
of commercial sales area and shall conform to all highway commercial
bulk, design and sign controls.
Residential dwellings for the seasonal use of employees of
an agricultural or horticultural use which, because of their character
or location, are not to be used for permanent housekeeping units and
which are otherwise accessory to a principal use of the lot for agriculture.
Any 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 of such animals;
bees and apiary products; fur animals; trees and forest products;
fruits of all kinds, including grapes, nuts and berries and 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 an
agency of the federal government.
A facility designed, constructed and operated for the express
purpose of processing agricultural products grown in the Pinelands,
including washing, grading and packaging of those products.
An establishment, the primary purpose of which is the sale
of goods, commodities or services that support active farm operations.
A minor way which may or not be legally dedicated and which
affords only a secondary means of access to abutting property. It
is not intended for general traffic circulation.
Any work done on any improvement which is not an addition
and which changes the exterior appearance of any improvement.
An individual or community on-site wastewater 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,
and that has been approved by the Pinelands Commission for participation
in the alternate design wastewater treatment systems pilot program
pursuant to N.J.A.C. 7: 50-10.23(b). Detailed plans and specifications
for each authorized technology are available at the principal office
of the Pinelands Commission.
[Added 12-2-2002 by Ord. No. 1443-2002; amended 7-16-2018 by Ord. No. 1879-2018]
A means for making changes in the text of this chapter and
the Zoning Map, which have more or less general significance or application,
as expressly authorized by the provisions of this chapter.
Any outdoor, freestanding, round or oval structure with a
central arena and tiers of concentric seats for spectators.
[Added 5-4-2009 by Ord. No. 1647-2009]
Medical and health service facilities, including rehabilitation
therapy centers and public health facilities, that relate to the care
of domestic animals.
[Added 5-4-2009 by Ord. No. 1647-2009]
Those animals specified in N.J.A.C. 7:50-6.32 or successor
regulations.
Any sign or part of a sign which changes physical condition
by any movement or rotation or which gives the visual impression of
such movement or rotation.
One or more rooms comprising an independent self-contained
dwelling unit in a building containing two or more such dwelling units.
See "dwelling, multiple."
A means for obtaining review of a decision, determination,
order or failure to act pursuant to the terms of this chapter.
A developer submitting an application for development.
Any board, body or other authority within the township with
authority to approve or disapprove subdivisions, site plans, construction
permits or other applications for development approval.
A continuous passageway parallel to and open to a street,
open space or building, usually covered by a canopy or permanent roofing
and accessible and open to the public.
See "street, arterial."
The establishment of tree cover through direct or supplemental
seeding or planting.
[Added 6-18-2012 by Ord. No. 1722-2012]
See "studio."
[Added 5-4-2009 by Ord. No. 1647-2009]
A one-story, attached dwelling unit with private individual access for a single family. The maximum height is 12 feet. Each dwelling unit shall have a private yard which shall have a southern orientation and which shall be enclosed by a wall at least six feet in height in the rear or sides and average 6 1/2 feet in the front. All living spaces shall face the privacy road. (See § 203-190.)
See "dwelling, attached."
A device designed or intended to attract attention by sudden,
intermittent or rhythmic movement, physical change or lighting change,
such as pennants, banners, flags, streamers, balloons, propellers,
whirlygigs, searchlights and flashing lights.
That part of a building which is immediately below and wholly
or partly within the roof framing, not generally used as living space.
An automobile service station that includes a building, or
part of a building, of less than 1,000 square feet in area, for the
sale of prepackaged food products, sandwiches, household products
and other goods normally associated with a convenience store.
[Added 7-7-1997 by Ord. No. 1261-97]
Any premises used for repair or servicing of motor vehicles,
not including automotive wrecking.
Any building, land area or other premises used for the display
and sale of new or used automobiles, panel trucks or vans, trailers
or recreation vehicles, but not including any repair work other than
warranty and other repair services conducted as an accessory use on
such premises.
Any building, land area or other premises, or portion thereof,
used for the retail dispensing or sales of vehicular fuels; servicing
and repair of automobiles; and including as an accessory use the sale
and installation of lubricants, tires, batteries and similar vehicle
accessories.
[Added 5-4-2009 by Ord. No. 1647-2009]
Any building, land area or other premises or portion thereof
used or intended to be used for the retail dispensing or sales of
automobile fuels, which activity may be accompanied by accessory uses
such as sales of lubricants, tires, accessories or supplies, minor
repairing of automobiles or a single-bay auto wash; provided, however,
that automobile wrecking, major repairing of automobiles, parking
or storing of automobiles for hire and the operation of more than
one towing vehicle will not be deemed accessory uses of an automotive
service station.
Any building or premises or portion thereof which is devoted
to the business of washing automobiles for a fee, whether by automated
cleaning devices or otherwise.
The dismantling or disassembling of motor vehicles or trailers
or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecking vehicles or their parts.
A sign that is mounted or painted on or attached to an awning,
canopy or marquee that is otherwise permitted by this chapter. No
such sign shall project above, below or beyond the physical dimensions
of such awning, canopy or marquee.
A business establishment in which money is kept for saving
or commercial purposes or is invested, supplied for loans or exchanged.
For purposes of this chapter, this term includes savings-and-loan
institutions and credit unions.
[Added 5-4-2009 by Ord. No. 1647-2009]
A banking facility which, by design, physical facilities,
service and square footage allocation, permits or encourages customers
to conduct banking transactions or services while remaining in their
motor vehicles.
An establishment used primarily for the service of liquor
by the drink to the general public and where food or package liquors
may be served or sold only as accessory to the primary use.
A story partly underground, having at least 1/2 of its
height above the average level of the adjoining ground. A basement
shall be counted as a story for the purpose of height measurement
if the vertical distance between the ceiling and the average level
of the adjoining ground is more than five feet or if used for business
or dwelling purposes. (See "cellar.")
Overnight accommodations and a morning meal in a dwelling
unit (B&B) provided to transients for compensation.
[Added 5-4-2009 by Ord. No. 1647-2009]
A silvicultural practice involving the preparation of land
before planting in the form of small mounds so as to concentrate topsoil
and elevate the root zone of seedlings above temporary standing water.
[Added 6-18-2012 by Ord. No. 1722-2012]
A mound of soil on a site used to shield and buffer uses
or to serve to control the direction of water flow and to act as a
dam.
A pathway or unobstructed right-of-way designed, marked and
paved for the use of foot-powered, nonmotorized bicycles. Such bike
path shall be designed in accordance with this chapter.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered at a location
other than the premises on which the sign is located and designed
in conjunction with the sign standards of this chapter.
A Board of the Township of Hamilton established pursuant
to the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-69, and
sometimes referred to as the "Zoning Board of Adjustment."
A silvicultural practice involving the dragging of cut trees
or other objects across a parcel to remove or reduce aboveground shrub
cover, debris, leaf litter and humus without disturbance to mineral
soil horizons and associated roots.
[Added 6-18-2012 by Ord. No. 1722-2012]
An area within a property or site generally adjacent to or
parallel with the property line, consisting of existing vegetation
and supplemented by or created by, where necessary, the use of evergreen
trees (predominantly), deciduous trees and shrubs and may include
elements such as fences, berms or walls, the purpose of which is to
visibly separate and screen one land use from another or to shield/block
noise, lights or other nuisances.
[Amended 7-7-1997 by Ord. No. 1261-97]
Any structure, either temporary or permanent, having a roof
and designed, intended or used for the sheltering or protection of
persons, animals, chattels or property of any kind.
See "ground area of a building."
The Uniform Construction Code of New Jersey as from time
to time adopted, readopted and amended.
The exterior wall of a building facing the front line of
a lot.
See "structure height."
The line parallel to the street line at a distance therefrom
equal to the depth of the required front yard.
A building in which is conducted the main or principal use
of the lot, to which all other buildings on the lot are accessory.
An established line within a property defining the minimum
required distance between the face of any structure to be erected
and an adjacent right-of-way or street line.
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 includes the size, height and floor
areas of buildings or other structures; the relation of the number
of dwelling units and residential buildings to the area of the lot
(usually called "density"); and all open areas and yard space relating
to buildings and other structures.
A sign which identifies an institution or organization on
the premises on which it is located and which contains the name of
the institution or organization, the name or names of the person or
persons connected with it and greetings, announcements of events or
activities occurring at the institution or similar messages.
A sign which directs attention to a business or profession
conducted or to a commodity or service sold, offered or manufactured
or to an entertainment offered on the premises where the sign is located.
An informal restaurant or coffee shop offering a range of
hot meals and made-to-order sandwiches.
[Added 5-4-2009 by Ord. No. 1647-2009]
A portable structure which is self-propelled or mounted on
or towed by another vehicle, designed and used for temporary living
for travel, recreation, vacation or other short-term uses. Camper
does not include mobile homes or trailers.
A place used or suitable for camping on which temporary shelter,
such as a tent or camper, may be placed and occupied on a temporary
and seasonal basis.
[Amended 11-20-1989 by Ord. No. 1014-89]
A building which operates the preparation, staging and storage
of equipment providing food and drink service at a remote site.
[Added 5-4-2009 by Ord. No. 1647-2009]
A story partly underground and having more than 1/2
of its clear height below the average level of the adjoining ground.
A cellar shall not be considered in determining the permissible number
of stories, nor shall it be considered in the calculation of habitable
area called for in various residential districts. (See "basement.")
See "street, center line of."
A certificate issued by the Planning Board, Board of Adjustment or the Historic Preservation Commission in accordance with Article XVIII, Historic District Site Plan Review, of this chapter for the construction, alteration, addition to, relocation, improvement, removal or demolition of a landmark, historic district or part thereof or a Pinelands designated site.
[Amended 11-20-1989 by Ord. No. 1014-89]
A document issued by the Zoning Officer or other proper authority
certifying that the plans for proposed use meet all applicable codes
and regulations.
A certificate issued by the Executive Director of the Pinelands
Commission pursuant to N.J.A.C. 7:50-4.34 that a complete application
for development has been filed.
A statement signed by the Zoning Officer or other authorized
officer setting forth that a nonconformity is lawfully existing as
of a specified date.
A document signed by the Zoning Officer or other authorized
officer allowing the occupancy or use of a building and certifying
that the structure or use has been constructed and will be used in
compliance with all the applicable codes and ordinances.
A watercourse with a definite bed and banks which confine
and conduct the normal, continuous or intermittent flow of water.
A building or structure or group of buildings or structures
which, by design and construction, are primarily intended for the
conducting of organized religious services and accessory uses associated
therewith. Excluded are buildings used exclusively for residential,
educational, burial, recreational or other uses not normally associated
with the conducting of religious services.
The system, structure 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.
A district into which a parcel of land is placed and the
body of regulations to which it is subjected by this chapter and the
Zoning District Map.
A silvicultural practice involving removal of an entire forest
stand in one cutting for purposes of regeneration, either obtained
artificially, by natural seed or from advanced regeneration. Clearcutting
typically results in the removal of all woody vegetation from a parcel
in preparation for the establishment of new trees; however, some trees
may be left on the parcel.
[Added 6-18-2012 by Ord. No. 1722-2012]
An establishment where patients who are not lodged overnight
are admitted for examination and treatment by one or more of a group
of physicians, dentists, psychologists or social workers practicing
together.
A group of people organized for a common purpose to pursue
common goals, interests or activities and usually characterized by
certain membership qualifications, payment of fees and dues, regular
meetings and a constitution and bylaws.
[Added 5-4-2009 by Ord. No. 1647-2009]
See "residential cluster."
The coastal area designated by the New Jersey Coastal Facility
Review Act Rules and Regulations[1] or successor legislation.
The coastal wetlands designated by N.J.A.C. 7:50-6.4 or the
New Jersey Wetlands Act of 1970[2] or successor legislation.
Any amusement machine or device operated by means of the
insertion of a coin, token or similar object for the purpose of amusement
or skill and for the playing of which a fee is charged. Coin-operated
amusement device does not include vending machines in which are not
incorporated gaming or amusement features, nor does the term include
any coin-operated mechanical musical device or coin-operated devices
for the viewing of videotapes or movies.
Actual construction on a parcel of land in accordance with
a permit issued by the applicable jurisdiction if the cost of the
physical improvements completed constitutes at least 25% of the projected
total cost of the development or the completion of all required foundations
of a form and character, such that the foundations are not usable
for any other form of development, except that authorized by the issued
permit.
A building, the principal use of which is a commercial use.
Any use first permitted in a commercial district.
The Pinelands Commission of New Jersey created pursuant to
Section 5 of the Pinelands Protection Act.[3]
An open space area within or related to the upland portion
of a site designated as a development and designed and intended for
the common use or enjoyment of the residents and owners of the development,
not individually owned or dedicated to public use. Common open space
may contain such complementary structures and improvements as are
necessary and appropriate for the enjoyment and use of the residents
and owners of the development, not including parking lots, minimum
residential lot areas, public or private streets or rights-of-way
or other vehicular buildings or structures. Wetlands are not considered
common open space for purposes of this definition.
A building or group of public buildings for the social, cultural
and educational activities of a neighborhood or an entire community.
[Added 5-4-2009 by Ord. No. 1647-2009]
A building separated on all sides from the adjacent open
area or from other buildings or structures by a permanent roof and
by exterior walls or party walls, pierced only by windows or doors
normally provided for the accommodation of persons, goods or vehicles.
However, a parking structure which has less than 50% of its outer
wall space open shall be considered a completely enclosed building.
The plan adopted by the Commission pursuant to Section 7
of the Pinelands Protection Act, as amended.[4]
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 the zoning provisions and upon the issuance of an
authorization therefor by the Planning Board. Conditional uses are
specified by zoning district within this chapter.
The construction, erection, reconstruction, alteration, conversion,
demolition, removal or equipping of buildings or structures.
The official specified in the Building Code designated as
such by the Township Committee to enforce the provisions of the Building
Code.
A temporary sign erected on premises on which construction
is taking place, during the periods of such construction, indicating
the names of the architects, contractors and similar artisans and
the owners, financial supporters, sponsors and similar persons or
firms having a role or interest with respect to the structure or project.
A structure standing on wheels, towed or hauled by another
vehicle and used for the short-term storage of goods or as a temporary
office to oversee the construction of a project.
[Added 5-4-2009 by Ord. No. 1647-2009]
Land which is connected or adjacent to other land so as to
permit the land to be used as a functional unit, provided that separation
by lot lines, streams, dedicated public roads which are not paved,
rights-of-way and easements shall not affect the contiguity of land,
unless a substantial physical barrier is created which prevents the
land from being used as a functional unit.
[Amended 5-17-1993 by Ord. No. 1148-93]
A facility that provides short-term, primarily inpatient
care, treatment and/or rehabilitation services for persons recovering
from illness or injury who do not require continued hospitalization.
[Added 5-4-2009 by Ord. No. 1647-2009]
Any retail establishment offering for sale prepared food
products, sandwiches and coldcuts, household items and other goods
commonly associated with the same and having a gross floor area of
less than 5,000 square feet.
[Added 7-7-1997 by Ord. No. 1261-97]
A convenience store with a gross floor area greater than
1,000 square feet that also has one or more locations on site for
the retail sale of automotive fuel.
[Added 7-7-1997 by Ord. No. 1261-97]
Any development other than planned development.
A silvicultural practice involving the production of forest
stands from vegetative sprouting by the trees that are harvested (stump
sprouts, root suckers, and naturally rooted layers). Coppicing typically
involves short rotations with dense stands of short trees.
[Added 6-18-2012 by Ord. No. 1722-2012]
A composite of the Master Plan for the physical development
of the county in which the municipality is located, with the accompanying
maps, plats, charts and descriptive and explanatory matter adopted
by the County Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4.
The Atlantic County Planning Advisory Board.
An open area, unobstructed from the ground to the sky, which
is bounded on more than three sides by the exterior walls of one or
more buildings.
An open area, unobstructed from the ground to the sky, which
is bounded on not more than three sides by the exterior walls of one
or more buildings.
See "lot coverage."
A turnaround at the end of a dead-end street, often used
to describe the street itself, which is a street having a single means
of ingress and egress and having a turnaround.
The permanently established grade of the curb top in front
of a lot.
A calendar day.
Daytime care or instruction of three or more children away
from their own homes for more than three but less than 16 hours per
day by an individual, an association, a corporation, an institution
or an agency, whether or not for compensation or reward.
A place other than an occupied residence providing or designed
to provide day care or an occupied residence providing or designed
to provide day care for seven or more children.
An occupied residence providing or designed to provide day
care for not more than six children.
A place providing or designed to provide daytime care or
instruction for three or more children from two to five years of age
for up to three hours per day, whether or not for compensation or
reward.
A plant with foliage that is shed annually.
[Added 7-7-1997 by Ord. No. 1261-97]
The transfer of property from private to public ownership
for a public purpose.
The razing of any improvement or the obliteration of any
natural feature of a lot.
The average number of housing units per unit of land.
See "net density."
The transfer of all or part of the permitted density on a
parcel to another. Also known as the "transfer of development rights
(TDR)." Density transfer may be used to preserve farmland, open space,
historic areas and critical areas.
[Added 5-4-2009 by Ord. No. 1647-2009]
See "lot depth."
A group of commercial establishments planned and architecturally
designed as a single principal structure in which the various architectural
components are there in terms of design, choice of material, color
combinations, etc. Such facilities shall be managed as a total entity
with customer and employee parking provided on site, with provisions
for goods delivery separated from customer access and protection from
the elements. A design commercial shopping center occupies 20 or more
acres of land and contains a minimum of 150,000 square feet of gross
leasable area.
One which has yard access on all four sides.
That portion of a parcel that is not wetlands area as designated
by any federal, state, county, or municipal laws, rules, policies,
or regulations that may be adopted from time to time.
[Added 11-15-2001 by Ord. No. 1417-2001]
The legal or beneficial owner or owners of a lot or 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.
The change or enlargement of any use or disturbance of any
land, the performance of any building or mining operation, the division
of land into two or more parcels and the creation or termination of
rights of access or riparian rights, including but not limited to:
A change in type of use of a structure or land.
A reconstruction, alteration of the size or
material change in the external appearance of a structure or land.
A material increase in the intensity or use
of land, such as an increase in the number of businesses, manufacturing
establishments, offices or dwelling units in a structure or on land.
Commencement of forestry activities, resource
extraction, drilling or excavation on a parcel of land.
Demolition of a structure or removal of trees.
Deposit of refuse, solid or liquid waste or
fill on a parcel of land.
In connection with the use of land, the making
of any material change in noise levels, thermal conditions or emissions
of waste material.
Alterations, either physically or chemically,
of a shore, bank or floodplain, seacoast, river, stream, lake, pond,
wetlands or artificial body of water.
Any approval granted by an approval agency, including appeals
to the governing body, except certificates of occupancy and variances,
pursuant to N.J.S.A. 40:55D-70, which does not otherwise include issuance
of a construction permit, subdivision or site plan approval.
Any division of land into five or more lots; any construction
or expansion of any housing development of five or more dwelling units;
any construction or expansion of any commercial or industrial use
or structure on a site of more than three acres; or any grading, clearing
or disturbance of an area in excess of 5,000 square feet.
All development other than major development.
Any permit or certificate required to be issued for any development
regulated this chapter.
The Hamilton Township Developmental Ordinance regulating
zoning, subdivision, site plan, the Official Map or other municipal
regulation of the use and development of land or amendments thereto
adopted and filed pursuant to the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq., and this chapter.
A silvicultural practice involving the drawing of one or
more heavy, round, concave, sharpened, freely rotating steel disks
across a site for the purposes of cutting through soil and roots or
cutting and turning a furrow over an area.
[Added 6-18-2012 by Ord. No. 1722-2012]
The distance from the exterior wall surface of a building
to the sign element the farthest distance from such surface.
A part, zone or geographic area within Hamilton Township
within which certain zoning or development regulations apply.
The lines enclosing a district as shown on the Hamilton Township
Zoning Map. Any uncertainty as to the location of the district boundary
lines shall be resolved pursuant to this chapter.
Any lot or parcel of land, the lot line of which coincides
with a district boundary line or which is contiguous to any public
or private right-of-way containing a district boundary line.
See "lot, double-frontage."
The removal of surface water or groundwater from lands by
drains, grading or other means and includes control of runoff to minimize
erosion and sedimentation during and after construction or development
and means necessary for water supply preservation or prevention or
alleviation of flooding.
The lands required for the installation of stormwater sewers
and/or drainage ditches or the land area required along a natural
stream, swale or other watercourse for preserving the channel or drainageway
and providing for the flow or passage of water therein to safeguard
the public from flood damage in accordance with the provisions of
this chapter or applicable state law.
An establishment which, by design, sign, physical service
or a packaging procedure, encourages or permits customers to receive
a service or obtain a product which may be used or consumed in a motor
vehicle on the premises or to be entertained while remaining in their
motor vehicles. This includes curb and/or window counter service to
the motoring public and to pedestrians.
A store where the primary business is the filling of medical
prescriptions and the sale of drugs, medical devices and supplies
and nonprescription medicines but where nonmedical products are sold
as well.
A silvicultural practice involving the drawing of a large
cylindrical drum with cutting blades mounted parallel to its axis
across a site to break up slash, crush scrubby vegetation prior to
burning or planting or to chop up and disturb the organic turf and
roots in the upper foot of soil.
[Added 6-18-2012 by Ord. No. 1722-2012]
An establishment providing dry-cleaning machines on the premises
for dry-cleaning purposes.
[Added 5-4-2009 by Ord. No. 1647-2009]
A structure, or portion thereof, that is used exclusively
for human habitation.
[Added 5-4-2009 by Ord. No. 1647-2009]
A one-family dwelling with ground floor outside access, attached
to two or more one-family dwellings by common vertical walls without
opening. Also known as a "townhouse."
[Added 5-4-2009 by Ord. No. 1647-2009]
A dwelling that is not attached to any other dwelling by
any means and is surrounded by open space or yards.
[Added 5-4-2009 by Ord. No. 1647-2009]
A dwelling designed for and occupied by not more than two
families in separate dwelling units, each of which is totally separated
from the other by an unpierced wall extending from ground to roof
or an unpierced ceiling and floor extending from exterior wall to
exterior wall.
A building or portion thereof containing more than two dwelling
units.
APARTMENT, GARDENA group of not less than three multifamily dwellings, architecturally designed with some units placed on top of other units, not in excess of three stories in height, designed for rental or sale of individual housekeeping units, having common open space and in accordance with the special requirements set forth in this chapter. This does not include occupancy units that are rented or hired out to transient clientele for sleeping purposes.
TOWNHOUSEA residential structure of not more than 2 1/2 stories containing not fewer than three one-family dwelling units, each being separate from the adjoining units by an approved masonry party wall or walls, thus creating a distinct unit intended for separate rental or ownership.
A dwelling on a separate lot with open space setbacks on
three sides. See "zero-lot-line dwelling."
[Added 5-4-2009 by Ord. No. 1647-2009]
A dwelling designed for and occupied by not more than one
family or group family household and surrounded by open space or yards
and having no roof, wall or floor in common with any other dwelling
unit.
A building, or entirely self-contained portion thereof, which
contains complete housekeeping facilities for one family only and
which has no enclosed space for cooking facilities in common with
any other dwelling unit, except vestibules, entrance halls, porches
or hallways. This definition of a dwelling unit shall not include
a temporary shelter, such as a tent. No such vehicle or temporary
shelter shall be used as a permanent residence.
The rebuilding, remodeling, addition to, alteration, extension
or enlargement of or conversion in any manner of an existing building
to increase the number of dwelling units contained therein.
A dwelling unit consisting of not more than one habitable
room, together with kitchen or kitchenette and sanitary facilities.
A building located on a lot in such a manner that one or
more of the dwelling's sides rests on a lot line.
[Added 5-4-2009 by Ord. No. 1647-2009]
A cyclic movement of the earth due to the propagation of
mechanical energy.
See "dwelling unit, efficiency."
All electric lines other than electric transmission lines.
Electric lines which are part of an electric company's transmission
and subtransmission system, which provide a direct connection between
a generating station or substation of the utility company and another
substation of the utility company, a substation of or interconnection
point with another interconnecting utility company or a substation
of a high-load customer of the utility.
An addition to the floor area of an existing building, an
increase in the size of any other existing structure or an increase
in that portion of a tract of land occupied by an existing use.
A municipal advisory body created pursuant to P.L. 1968,
c. 245 (N.J.S.A. 40:56A-1 et seq.).[5]
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
A plant with foliage that persists year-round. When referring
to buffers or screens, unless otherwise noted, an evergreen tree with
branching to extend close to the base.
[Added 7-7-1997 by Ord. No. 1261-97]
The elevations of all portions of a site prior to any site
preparation work related to a proposed use for which approval under
or pursuant to this chapter is required.
An increase in the amount of existing floor area used for
an existing use within an existing building.
Any wall which defines the exterior boundaries of a building
or its courts or of a structure.
One or more persons related by blood, marriage, adoption
or guardianship or any number of persons not so related occupying
a dwelling unit and living as a single housekeeping unit.
An indoor private or public space, including essential buildings
and structures, used for play and recreation space for individuals.
[Added 5-4-2009 by Ord. No. 1647-2009]
Any building used for storing agricultural equipment or farm
produce housing livestock or poultry and processing dairy products.
The term "farm building" shall not include dwellings.
See "restaurant, fast-food."
The depositing on land, whether submerged or not, of sand,
gravel, earth or other materials of any composition whatsoever.
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for their completion or approval conditioned upon the posting
of such guaranties.
The proposed elevations of the land surface of a site after
completion of all site preparation work related to the proposed use
for which approval under or pursuant to this chapter is required.
The classification of a parcel of land in accordance with the provisions of § 203-185.
The changing of the characteristics and interactions of fish
and wildlife population and their habitats in order to promote, protect
and enhance the ecological integrity of those populations.
Any directly or indirectly illuminated sign which exhibits
changing natural or artificial light or color effects by any means
whatsoever.
That portion of the flood hazard area not designated as the
floodway.
The floodway and any additional designated portions of the
floodplain.
A land area adjoining a river, stream or other watercourse
which is likely to be flooded.
The channel of a natural stream and portions of the floodplain
adjoining the channel which are reasonably required to carry and discharge
the floodwater or flood flow of any natural stream.
The floor area of a building, but excluding stairwells and
elevator shafts at each floor; floors or parts of floors devoted exclusively
to vehicular parking or loading; and all floors below the first or
ground floor, excepting when used for or intended to be used for human
habitation or service to the public as customers, patrons, clients
or patients.
The total gross floor area of a building on a lot, divided
by the area of the lot.
The sum of the gross horizontal areas of all floors of any
building or buildings on a lot, measured from the interior walls.
In particular, the total floor area shall be any basement or cellar
space which has been improved for residential purposes (but in no
case may that space which is included as part of the total floor area
exceed 20% of the total basement area); all space other than basement
or cellar spaces with structural headroom of at least seven feet six
inches and all interior balconies and mezzanines.
A unit of illumination; technically, the illumination at
all points, one foot distant from a uniform point source of one candlepower.
The planting, cultivating and harvesting of trees for the
production of wood products, including firewood or for forest health.
It includes such practices as reforestation, site preparation and
other silvicultural practices, including but not limited to artificial
regeneration, bedding, broadcast scarification, clearcutting, coppicing,
disking, drum chopping, group selection, individual selection, natural
regeneration, root raking, seed tree cut, shelterwood cut and thinning.
For purposes of this chapter, the following activities shall not be
defined as "forestry":
[Amended 8-4-1997 by Ord. No. 1280-97; 6-18-2012 by Ord. No. 1722-2012]
Removal of trees located on a parcel of land one acre or less
on which a dwelling has been constructed;
Horticultural activities involving the planting, cultivating
or harvesting of nursery stock or Christmas trees;
Removal of trees necessitated by the development of the parcel
as otherwise authorized by this chapter;
Removal of trees necessary for the maintenance of utility or
public rights-of-way;
Removal or planting of trees for the personal use of the parcel
owner; and
Removal of trees for public safety.
A plan detailing forestry management programs in accordance
with the provisions of N.J.A.C. 7:504.2(b)6.
A uniform group of trees of similar species, composition,
size, age and similar forest structure.
[Added 6-18-2012 by Ord. No. 1722-2012]
A group of people formally organized for a common interest,
business or pleasure. Such groups shall be defined to be similar but
not limited to organizations such as the Masonic Lodge, Knights of
Columbus, etc.
A dwelling unit maintained exclusively for members affiliated
with an academic or professional college, university or other recognized
institution of higher learning.
See "lot line, front."
See "yard, front."
See "yard line, front."
A business that provides burial and funeral services for
the deceased and their families.
[Added 5-4-2009 by Ord. No. 1647-2009]
Any establishment, room or place where more
than four coin-operated amusement devices are available to the public;
or
Any establishment, room or place where more
than two coin-operated amusement devices are available to the public
and which derives more than 50% of its gross revenues in the township
from coin-operated amusement devices.
A building accessory to a dwelling unit used for the housing
of not more than three motor vehicles.
Any garage not included within the definition of "private
garage."
All areas of land and any structure thereon used for the
retail sale of motor fuel, lubricants and incidental services such
as car washing and the sale, installation and repair of tires, batteries
or automobile accessories.
Establishments primarily engaged in rendering services on
a fee or contract basis, such as advertising, mailing, building maintenance,
employment service, management and consulting services, protective
services, equipment rental and leasing, commercial research, development
and testing, printing-reproduction, personal supply services, tax
preparation and real estate sales.
An open area and its necessary buildings used for the playing
of golf.
The government of the United States of America; the State
of New Jersey or any other state; their political subdivisions, agencies
or instrumentalities; and interstate and regional agencies exercising
powers of government.
A sign erected and maintained pursuant to and in discharge
of any governmental function or required by any law, ordinance or
governmental regulation.
For buildings having walls adjoining one street
only, the elevation of the sidewalk at the center of the wall adjoining
the streets.
For buildings having walls adjoining more than
one street, the average of the elevation of the sidewalk at the centers
of all walls adjoining the streets.
For buildings having no walls adjoining the
street, the average level of the finished surface of the ground adjacent
to the exterior walls of the building.
Any wall approximately parallel to and not more
than 20 feet from a street line is to be considered as adjoining the
street.
See "floor area, total."
The horizontal area measured around the outside of the exterior
walls and the floors of roofed porches and roofed terraces of all
principal and accessory buildings on a lot.
Low-growing plants or sod that, in time, form a dense mat
covering the area in which they are planted, preventing the growth
of unwanted plants while holding the soil in place. Examples: rose
species, ajuga species, cotoneaster species, euyonymus species, ivy
species, juniper species, honeysuckle species, pachysandra species,
wine species and sod.
See "lot, coverage."
Any sign, other than a pole sign, placed upon or supported
by the ground independently of any other structure.
A silvicultural practice whereby a group of trees is periodically
selected to be removed from a large area so that age and size classes
of the reproduction are mixed.
[Added 6-18-2012 by Ord. No. 1722-2012]
Floor area in a habitable room which has a clear floor-to-ceiling
height of not less than 7 1/2 feet over an area having no horizontal
dimension of less than seven feet; provided, however, that no floor
area where the ceiling height over such floor area is less than five
feet shall be considered habitable floor area.
Any room or enclosed space used or intended to be used for
sleeping, living, cooking or dining purposes; excluding, however,
kitchens having less than 70 square feet of floor area and further
excluding such enclosed spaces as utility rooms, closets, pantries,
bath or toilet rooms, hallways, cellars, storage spaces, garages and
similar spaces.
The natural environment of an individual animal or plant
population or community.
An establishment that provides facilities for aerobic exercises,
running and jogging, exercise equipment, game courts, swimming facilities
and saunas, showers, massage rooms and lockers.
[Added 5-4-2009 by Ord. No. 1647-2009]
A facility or institution, whether public or private, principally
engaged in providing services for health maintenance and the treatment
of mental or physical conditions.
[Added 5-4-2009 by Ord. No. 1647-2009]
See "structural height."
The vertical distance measured between grade and the highest
point of the highest element of the sign, excluding any incidental
structural element, such as uplift cable for a projecting sign.
A definable group of lots with improvements which:
Though they may lack individual significance,
when considered tout ensemble, present a cohesive, distinctive and
discernible unit reflecting a period, activity, event or architectural
style significant to the cultural, political, economic or social history
of the Township;
[Amended 11-20-1989 by Ord. No. 1014-89]
By virtue of their singular character, can readily
be viewed as an area or neighborhood distinct from surrounding portions
of the Township; and
Are so designated by the Township Committee in accordance with the provisions of Article XVIII, Historic District Site Plan Review, of this chapter.
Any site, building, area, district, structure or object important
in American history or prehistory, architecture, archaeology and culture
at the national, state, county, local or regional level.
[Amended 11-20-1989 by Ord. No. 1014-89; 8-4-1997 by Ord. No. 1280-97]
Temporary signs in the nature of decorations clearly incidental
to and customarily and commonly associated with any national, local
or religious holiday.
A domestic use or occupation customarily conducted
entirely within the dwelling and entered on solely by the inhabitants
thereof, which is clearly incidental and secondary to the use of the
building for dwelling purposes and does not change the character thereof
or exert a deleterious influence upon surrounding properties.
It shall exclude such uses as a clinic, hospital,
tearoom, tourist house, animal hospital, barbershop or any similar
use.
No display or advertising shall be visible from
the outside of the building except for a home occupation sign.
A sign containing only the name and occupation of a permitted
home occupation.
A business use within a dwelling used solely by the inhabitants
thereof for the administration of business engaged in off-site locations.
Home personal offices shall be clearly incidental to the residential
use of the dwelling, shall not constitute more than 10% of the building
area, shall be for the use of the business owner residing in the dwelling
and shall not be used by nonresident employees and shall not be used
for meetings with clients, patrons or customers or for the retail
sale of products.
[Added 8-17-1992 by Ord. No. 1127-92]
An institution providing health services and medical or surgical
care to persons, primarily temporary inpatients, suffering from illness,
disease, injury, deformity or other abnormal physical or mental condition,
and including as an integral part of the institution related facilities
such as laboratories, outpatient facilities or training facilities.
Hospital does not include institutions for the permanent care of or
occupation by the poor, infirm, incurable or insane.
A commercial establishment, containing 20 or more individual
sleeping rooms or suites, excluding accommodations for employees,
each having a private bath attached thereto, for the purpose of providing
overnight lodging facilities to the general public for compensation,
with or without meals, and in which ingress and egress to and from
all rooms may be made through an inside office or lobby, supervised
by a person in charge at all hours and which provides a general kitchen
and dining room within the building. For the purpose of this chapter,
"overnight" shall mean continued occupancy of a room or suite by the
same person or persons for a period not to exceed 14 days. A hotel
is not a recreation facility.
[Amended 11-20-1989 by Ord. No. 1014-89; 2-20-1990 by Ord. No. 1019-90]
Any plant growing in water or in substrate that is at least
periodically deficient in oxygen as a result of excessive water content.
A sign giving the name; logo, trademark or other identifying
symbol; address; or any combination of the name, symbol and address
of a building, business, development or establishment on the premises
where it is located.
Those persons related by blood or legal relationship in the
following manner: spouses, domestic partners, great-grandparents,
grandparents, great-grandchildren, grandchildren, parents, sons, daughters,
brothers and sisters, aunts and uncles, nephews, nieces and first
cousins.
[Amended 8-4-1997 by Ord. No. 1280-97; 7-16-2018 by Ord. No. 1879-2018]
The coverage of a lot by impermeable surfaces, including
but not limited to principal and accessory buildings, sidewalks, driveways
and other paved surfaces or compacted gravel surfaces. Along scenic
corridors, driveways shall not be calculated as impermeable surfaces.
[Added 8-17-1992 by Ord. No. 1127-92]
Any surface which does not permit fluids to pass through
or penetrate its pores or spaces, typically having a maximum permeability
for water of 10-7 cm/second at the maximum
anticipated hydrostatic pressure. The term "impermeable" is equivalent
in meaning.
[Amended 6-18-2012 by Ord. No. 1722-2012]
Any surface that has been compacted or covered with a layer
of material so that it prevents, impedes or slows infiltration or
absorption of fluid, including stormwater, directly into the ground
and results in either reduced groundwater recharge or increased stormwater
runoff sufficient to be classified as "impervious" in Urban Areas
by the United States Department of Agriculture, Natural Resources
Conservation Service, Title 210, Engineering, 210-3-1, Small Watershed
Hydrology (WINTR-55), Version 1.0. Such surfaces may have varying
degrees of permeability.
[Added 6-18-2012 by Ord. No. 1722-2012]
Any structure or part thereof constructed or installed upon
real property by human endeavor and intended to be kept at the location
of such construction or installation for a period of not less than
60 consecutive days.
A silvicultural practice whereby single trees are periodically
selected to be removed from a large area so that age and size classes
of the reproduction are mixed.
[Added 6-18-2012 by Ord. No. 1722-2012]
A permanent structure containing facilities for recreational
activities such as tennis, platform games, swimming, exercise rooms,
handball and similar activities. Recreation centers may also include
facilities for lectures, arts and crafts and special events.
[Added 5-4-2009 by Ord. No. 1647-2009]
Any building, the principal use of which is an industrial
use.
An area developed pursuant to this chapter as a single entity
according to a plan, containing one or more structures with appurtenant
common areas to accommodate industrial uses and other incidental uses
pursuant to this chapter.
Any use first permitted in an industrial district.
A use which is universally considered of value to the community
because it fundamentally serves the public good and promotes the general
welfare. Such a use includes, but is not limited to, a hospital, school,
child-care center, group home, or a wind, solar or photovoltaic energy
facility or structure.
[Added 10-1-2012 by Ord. No. 1728-2012]
An establishment which provides eating and drinking and may
or may not have lodging for the public.
[Added 5-4-2009 by Ord. No. 1647-2009]
Any land used for the following public or private purposes:
educational facilities, including universities, colleges, elementary
and secondary, and vocational schools, kindergartens, and nurseries;
cultural facilities such as libraries, galleries, museums, concert
halls, theaters and the like; churches; cemeteries; public office
buildings; hospitals, including such education, clinical, research,
and convalescent facilities as are integral to the operation of the
hospital; medical and health service facilities, including nursing
homes, rehabilitation therapy centers and public health facilities;
law enforcement facilities; military facilities; and other similar
facilities. For the purposes of this chapter, an institutional use
shall not include medical offices which are not associated with hospitals
or other medical or health service facilities nor shall it include
assisted living facilities.
[Amended 6-18-2001 by Ord. No. 1401-2001]
A rate of combustion described by a material that burns with
a high degree of activity and is consumed rapidly; for example, sawdust
and powder, flakes or strip magnesium.
See "recreational facility, intensive."
Any person whose right to use, acquire or enjoy property
is or may be affected by any action taken under this chapter or whose
right to use, acquire or enjoy property under this chapter or under
any other law of this state or of the United States has been denied,
violated or infringed upon by an action or failure to act under this
chapter.
The regulations adopted by the Pinelands Commission pursuant
to the Pinelands Protection Act to govern the review of applications
from the adoption of the regulations until the Pinelands Comprehensive
Management Plan took effect on January 14, 1981. These regulations
were formerly codified as N.J.A.C. 7:1G-1 et seq.
A lot other than a corner lot.
A sign which serves as common or collective identification
for two or more commercial, resort or industrial uses sharing an office
plaza, shopping center, industrial park or the like and which is located
on such premises. Such sign shall be limited in content to identification
of the plaza, center, park or the like shared by such uses and shall
not contain any reference to the individual uses sharing the plaza,
center, park or the like.
A lot, land or structure or part thereof used for the purchase,
collection, storage, recycling or sale of wastepaper, rags, scrap
metal or other scrap or discarded goods, materials, machinery or vehicles.
A commercial establishment where four or more domestic animals
more than four months of age are housed, groomed, bred, boarded, trained
or sold.
Includes the surface and subsurface of the earth as well
as improvements and fixtures on, above or below the surface and any
water found thereon.
Any real property, such as a building, structure,
ruins, foundation, route, trail, object or place, including but not
limited to such places as a cemetery, burial ground, locus of prehistoric
Amerindian activity or a site of a significant historic event, which:
Is associated with events of significance to
cultural, political, economic or social history;
Is associated with the lives of persons or institutions
of significance to cultural, political, economic or social history;
Represents distinctive characteristics of a
type, period or method of construction of significance to cultural,
political, economic or social history; or
Has yielded or is likely to yield information
significant to history or prehistory.
All landmarks must be so designated by the Township Committee in accordance with the provisions of Article XVIII, Historic District Site Plan Review, of this chapter and shall be deemed to include the lots on which they are located.
The total area of a site or property, excluding the area
occupied by building(s), but including other structures; the harmonious
blending of these building(s) and structures within the site and with
adjacent property by the use of the existing topography or alterations
to the existing topography, trees, shrubs, ground covers and/or mulches.
A plan clearly indicating the type of plant material to be
incorporated into the overall design of the site. Such plan, at a
minimum, shall show the texture, quantity, seasonal qualities, heights,
size, spacing and organization of such plant material.
A person who, by reason of his special knowledge of the mathematical
sciences, the principles of determining and establishing accurate
field measurements by means of land surveying procedures, the law
pertaining to land and the methods whereby land boundaries are to
be marked, defined or described, that they remain forever fixed, all
acquired by professional training and experience, is qualified to
practice land surveying, as attested by his license as a land surveyor.
A private roadway designed to accomplish easy access into
developed parcels. Minimum roadway widths for ingress and egress lanes
shall be: one-way: 18 feet; two-way: 30 feet; or as described in individual
articles, whichever are more stringent.
An establishment providing washing, drying and/or dry-cleaning
machines on the premises for rental use to the general public for
family laundering or dry-cleaning purposes.
CANDLEPOWERThe amount of light that will illuminate a surface one foot distant from a light source to an intensity of one footcandle. "Maximum (peak) candlepower" is the largest amount of candlepower emitted by any lamp, light source or luminaire.
CUTOFFThe point at which all light rays emitted by a lamp, light source or luminaire are completely eliminated (cut off) at a specific angle above the ground.
CUTOFF ANGLEThe angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source, above which no light is emitted.
CUTOFF-TYPE LUMINAIREA luminaire with elements such as shields, reflectors or refractor panels which direct and cut off the light at a cutoff angle that is less than 90º.
FOOTCANDLEA unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one candle.
GLAREThe brightness of a light source which causes eye discomfort.
LUMINAIREA complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative parts.
MAXIMUM PERMITTED ILLUMINATIONThe maximum illumination measured in footcandles at the interior buffer yard line at ground level.
Any off-street space not less than 12 feet in width, 50 feet
in length and 15 feet in height, available for the loading or unloading
of goods, having direct access to a street or other public way and
so arranged that no vehicle is required to back into the public right-of-way.
An antenna and any support structure, together with any accessory
facilities, which comply with the standards in N.J.A.C. 7:50-5.4 and
which is intended to serve a limited, localized audience through point-to-point
communications, including cellular telephone cells, paging systems
and dispatch communications. It does not include radio or television
broadcasting facilities or microwave transmitters.
[Added 8-4-1997 by Ord. No. 1280-97]
The place where members of a local chapter of an association
or a fraternal, cultural or religious organization hold their meetings.
[Added 5-4-2009 by Ord. No. 1647-2009]
A designated parcel, tract or area of land established by
a plat or otherwise permitted by law to be used, developed or built
upon as a unit.
The size of a lot measured within the lot lines and expressed
in terms of square feet. Where a portion of a lot has been or will
be dedicated for public right-of-way widening, that dedicated area
may be included in the calculation of the lot area, up to 10% of the
lot area.
[Amended 7-7-1997 by Ord. No. 1261-97 10-15-2007 by Ord. No. 1608-2007]
A lot located at the intersection of two or more streets.
A lot abutting on a curved street or streets shall be considered a
corner lot if straight lines drawn from the foremost points at the
side lot lines to the foremost point of the lot meet at an interior
angle of less than 135º.
The percentage of lot area occupied by the ground area of
principal and accessory buildings on such lot.
The mean horizontal distance from the front lot line to the
rear lot line, measured perpendicular to the front lot line.
Clearing, cutting, grading, excavating, filling, transporting
or any other activity that alters or eliminates existing wooded areas.
[Added 6-19-2000 by Ord. No. 1368-2000]
A lot having frontage on two nonintersecting streets.
The length of the front lot line measured at the street right-of-way
line. In the case of a corner lot, each side of the lot abutting the
street is considered the frontage. For lots located on a cul-de-sac,
the lot frontage may be reduced to 80% of the minimum required lot
frontage.
[Added 6-18-2001 by Ord. No. 1401-2001]
A lot other than a corner lot.
The dividing line between the lot and the street, except
in the case where a lot has no street frontage but abuts on the right-of-way,
then such right-of-way shall be the front line of the lot.
Any boundary line of a lot.
In the case of an interior lot abutting upon only one street,
the street line separating such lot from such street; in the case
of a double frontage lot, each street line separating such lot from
a street shall be considered a front lot line; in the case of a corner
lot, each side of the lot abutting the street shall be considered
to be a front lot line.
[Amended 6-18-2001 by Ord. No. 1401-2001]
A fully detached dwelling unit for a single-family which
is set on the lot's line. A five-foot maintenance easement shall be
placed on the adjoining lot. House windows are prohibited in that
wall of the house closest to the neighboring lot.
That lot line which is parallel to and most distant from
the front lot line of the lot; provided, however, that in the case
of an irregular, triangular or gore shaped lot, a line 20 feet in
length, entirely within the lot, parallel to and at the maximum possible
distance from the front lot line shall be considered to be the rear
lot line.
Any lot line other than a front or rear lot line.
The mean horizontal distance between side lot lines measured
at right angles to the depth; provided, however, that lot width measured
along the front lot line shall not be less than 80% of the required
minimum lot width.
A household with an annual income of less than 50% of the
median income for the county or standard metropolitan statistical
area.
See "recreational facility, low-intensity."
Any security which may be accepted by the municipality for
the maintenance of any improvements required by the Municipal Land
Use Law,[6] including but not limited to surety bonds, letters of
credit and cash.
[Amended 8-17-1992 by Ord. No. 1127-92]
All subdivisions not classified as minor subdivisions.
A factory-built, single-family structure that meets the Federal
Manufactured Home Construction and Safety Standards Act,[7] commonly known as the "HUD Code."
[Added 5-4-2009 by Ord. No. 1647-2009]
Minor streets which are parallel to and adjacent to arterial
streets and highways and which provide access to abutting properties
and regulated vehicular access to the arterial street or highway.
See "awning, canopy or marquee sign."
Any establishment or business wherein massage is practiced,
including establishments commonly known as "health clubs," "physical
culture studios," "massage studios" or "massage parlors."
The median household income as determined from time to time
by the United States Department of Housing and Urban Development to
be the median.
See "medical facility."
[Added 5-4-2009 by Ord. No. 1647-2009]
A building, or series of buildings, that contain establishments
dispensing health services. Institutional uses, including such education,
clinical, research and convalescent facilities as are integral to
the operation of a medical use; medical and health services facilities,
including nursing homes, rehabilitation therapy centers and public
health facilities.
[Added 5-4-2009 by Ord. No. 1647-2009]
Any subdivision containing not more than three lots, exclusive
of the remaining lot or parcel, fronting upon an existing approved
street, not involving any new street or the extension of municipal
facilities and not adversely affecting the development of the remainder
of the parcel or adjoining property and not in conflict with any provision
or portion of the adopted Master Plan, Official Map or development
ordinance. Any lands, lots or parcels remaining or resulting from
a minor subdivision shall not be resubmitted as a minor subdivision
for a period of three years from and after the date of the approval
of said minor subdivision.
A home, excluding travel trailers, which is a movable or
portable unit designed and constructed to be towed on its own chassis
(comprised of frame and wheels) and designed to be connected to utilities
for year-round occupancy. The terms shall include units containing
parts that may be folded, collapsed or telescoped when being towed
and that may be expanded to provide additional cubic capacity and
units composed of two or more separately towable components designed
to be joined into one integral unit capable of being again separated
into the components for repeated towing.
A rate of combustion described by a material which supports
combustion and is consumed slowly as it burns; for example, wood,
timber and logs.
A household with an annual income which is 50% to 80% of
the median income for the county or standard metropolitan statistical
area.
A commercial establishment providing overnight accommodations,
containing 10 or more rooms or suites, each having a private bathroom
attached thereto, with at least 25% of all rooms or suites having
direct access to the outside without the necessity of passing through
the main lobby of the building. Cooking facilities shall not be permitted
in individual motel rooms or suites, but restaurant facilities may
be provided within the building. For the purpose of this chapter,
"overnight" shall mean continued occupancy of a room or suite by the
same person or persons for a period not to exceed 14 consecutive days.
A motel is not a recreation facility.
[Amended 11-20-1989 by Ord. No. 1014-89; 2-20-1989 by Ord. No. 1019-90]
Any covering placed on soil to conserve moisture, eliminate
weed growth and protect plants from extremes of heat and cold.
A work of art, such as painting or a tile mosaic, applied
to and made integral with a wall.
[Added 7-7-1997 by Ord. No. 1261-97]
An institution in the service of society and of its development,
open to the public, which acquires, conserves, researches, communicates
and exhibits the tangible and intangible heritage of humanity and
its environment for the purposes of education, study and enjoyment.
[Added 5-4-2009 by Ord. No. 1647-2009]
A sign giving the name or address, or both, of the owner
or occupant of a building or premises on which it is located.
Plant material that accomplishes the same general function
as new plantings and is commonly found in existing native stands of
vegetation on site or in similar site conditions (soil, hydrology,
light levels, etc.) within the region.
[Added 7-7-1997 by Ord. No. 1261-97]
The establishment of a plant or plant age class from natural
seeding, sprouting, suckering or layering.
[Added 6-18-2012 by Ord. No. 1722-2012]
A waterway consisting of a naturally eroded channel with
visible evidence of banks and bed, as distinguished from a scale which
shows no evidence of natural erosion, except occasional gullying,
and forms a ditch which consists of an artificially excavated channel.
Water capable of being traversed by pleasure craft.
The number of dwelling units per acre of developable land.
[Amended 11-15-2001 by Ord. No.
1417-2001]
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.
Any sign lawfully existing on the effective date of this
chapter, or any amendment to it rendering such sign nonconforming,
which does not comply with all of the standards and regulations of
this chapter or any amendment hereto.
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 reason of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption, revision or amendment.
A commercial establishment where flowers, shrubs, plants,
seeds, tools and other gardening products are sold. Products shall
be maintained in an orderly manner and shall respect other standards
established in this chapter.
An extended- or intermediate-care facility licensed or approved
to provide full-time convalescent or chronic aid to individuals who,
by reason of advanced age, chronic illness or infirmity, are unable
to care for themselves.
The residing of an individual or individuals overnight in
a dwelling unit or the installation, storage or use of equipment,
merchandise or machinery in any public, commercial or industrial building.
A required permit allowing occupancy of a building or structure
after it has been determined that the building meets all the requirements
of applicable ordinances.
A room or group of rooms used for conducting the affairs
of a business, profession, service, industry or government.
[Added 5-4-2009 by Ord. No. 1647-2009]
The office or studio of a physician, dentist, lawyer, architect,
accountant, engineer, land surveyor or appraiser who is a member of
any professional service licensed by the State of New Jersey.
[Added 5-4-2009 by Ord. No. 1647-2009]
Located outside the lot lines of the lot under review 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.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered at a location
other than the premises on which the sign is located.
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.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
The sum of common open space and wetlands.
Any quantity of land, consisting of one or more lots, that
is capable of being described with such definiteness that its location
and boundaries may be established.
[Amended 8-4-1997 by Ord. No. 1280-97]
Any land area designed and used for the parking of not more
than three vehicles.
Any land area used or intended to be used for the parking
of more than three vehicles.
A space for the parking of a motor-driven vehicle within
a public or private parking area.
Recreational facilities designed specifically for such uses
as passive parks; tot lots and play areas; ballfields; picnic areas;
swimming areas; and jogging and vita paths.
A fully detached one-and-one-half-story dwelling unit for
a single family with the lot area fully enclosed by a wall located
at the lot line. The rear and side walls shall be at least seven feet
in height, and the front wall shall average six feet in height. All
living spaces shall face the yard area of the dwelling unit.
Any security which may be accepted by the township, including
but not limited to surety bonds, letters of credit and cash.
[Added 8-17-1992 by Ord. No. 1127-92]
A landscaped open space intended to enhance the appearance
of parking lots and other outdoor auto-related uses or to screen incompatible
uses along district boundary lines by means of appropriate landscaping
or screening. Except as expressly provided otherwise in the regulations
requiring a perimeter-landscaped open space, such open space shall
extend along the entire length of the lot line in question and shall
have a width equal to 15 feet or the depth or the width of the yard
required along the lot line in question, whichever is greater. Perimeter-landscaped
open space shall be broken only by required accessways. Such perimeter-landscaped
space shall be suitably surfaced with grass, ground cover or decorative
paving material, or a combination thereof, or shall contain landscaping
such as ornamental trees and shrubs or appropriate screening devices
such as decorative walls, fences or berms or a combination thereto
sufficient to create a permanent screen not less than eight feet in
height. Not more than 30% of such screen shall consist of walls or
fences. The space shall also be designed and maintained as to preserve
unobstructed vision of the street and sidewalk at points of access.
Where a perimeter-landscaped space is required, a landscaping plan
shall be submitted to the Planning Board for review.
The rate at which water moves through a unit area of soil,
rock, or other material at a hydraulic gradient of one.
[Added 6-18-2012 by Ord. No. 1722-2012]
Establishments primarily engaged in providing services involving
the care of a person. Personal services include the following: beauty
shops, barbershops, shoe repair and funeral services.
A facility principally engaged in providing services for
health maintenance and the treatment of mental or physical conditions.
[Added 5-4-2009 by Ord. No. 1647-2009]
That area designated as part of the Pinelands Area by Section 10(a) of the New Jersey Pinelands Protection Act (N.J.S.A. 13:18A-1 et seq.), as depicted in the Pinelands Management Area Map incorporated in § 203-12B(4).
The term used for any real property designated by the Pinelands
Commission as an historic or prehistoric resource of importance.
A use right allocated to certain lands within the township
pursuant to N.J.A.C. 7:50-5.43 that can be used to secure a residential
density bonus on other lands within the township or other designated
lands in the Pinelands Area.
The agency responsible from February 8, 1979, until June
28, 1979, for the review of and action on applications for development
in the Pinelands Area which required approvals of other state agencies,
except where the Pinelands Commission acted on applications during
that time period.
See N.J.A.C. 7:50-6.43.
[Added 6-18-2012 by Ord. No. 1722-2012]
Any use which is based on resources which are indigenous
to the Pinelands, including but not limited to forest products, berry
agriculture and sand, gravel, clay or ilmenite.
A housing community consisting of adult households located
and designed to meet the special needs and habits of the senior citizen
population.
[Added 11-15-2001 by Ord. No. 1417-2001]
For the purposes of this chapter, an "adult
household" shall be defined as a single individual, married couple,
or persons living together, of which at least one of the persons is
55 years of age or older at the time of occupancy.
Persons under the age of 55 may reside in an
adult household if the person is essential to the physical care or
economic support of the adult person(s) 55 years of age or older,
or the person is a relative of such age-qualified adult person(s),
except that no such person(s) shall be 18 years of age or younger,
or enrolled in a secondary school. The foregoing limitations are not
intended to apply to a cohabiting spouse, companion, or child at least
19 years of age who is not enrolled in a secondary school subsequent
to the death of the age-qualifying adult; such person(s) may continue
to occupy the home after the death of such age-qualified person. For
purposes hereof, a person shall be deemed to reside in the household
if such person is in occupancy for 30 consecutive days or if the aggregate
of such person's occupancy, whether consecutive or nonconsecutive,
is for 60 days or more in any calendar year.
An area of a minimum contiguous size as specified by an ordinance,
to be developed according to a plan as a single entity, containing
one or more structures with appurtenant common areas to accommodate
commercial or office uses, or both, and any residential and other
uses incidental to the predominant use as may be permitted by ordinance.
Planned adult community, residential cluster, planned commercial
development or planned industrial development.
[Amended 11-5-2001 by Ord. No. 1417-2001]
An area of a minimum continuous size as specified by ordinance,
to be developed according to a plan as a single entity, containing
one or more structures with appurtenant common areas to accommodate
industrial uses and any other uses incidental to the predominant use
as may be permitted by ordinance.
A comprehensively planned facility providing a variety of
indoor and outdoor activities for all age groups that incorporates
a common design theme, consolidated parking, circulation, landscaping,
buffer and other design elements.
[Added 7-7-1997 by Ord. No. 1261-97]
An area with a specified minimum contiguous acreage, to be
developed as a single entity according to a plan, containing one or
more residential clusters or planned adult communities and one or
more public, quasi-public, commercial or industrial areas in such
ranges or ratios of nonresidential uses to residential uses as shall
be specified in the zoning provisions.[8]
[Amended 11-5-2001 by Ord. No. 1417-2001]
A Pinelands plant species whose survival worldwide, nationwide
or in the state is in jeopardy.
A map or maps of a subdivision or site plan.
A sign that is mounted on a freestanding pole or other supports
so that the bottom edge of the sign face is six feet or more above
grade.
A temporary sign announcing or supporting political candidates
or issues in connection with any national, state or local election.
A roofed, open structure projecting from the front, side
or rear wall of a building.
A sign that is not permanently affixed to a building, a structure
or the ground.
The conferral of certain rights pursuant to the New Jersey
Municipal Land Use Law,[9] prior to final approval, after specific elements of a
development plan have been agreed upon by the Planning Board and the
applicant.
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.
A lot, plot or parcel of land, together with the buildings
and structures thereon.
That area so designated by Section 10(b) of the Pinelands
Protection Act.[10]
A building and related facility owned or operated by a corporation,
association or group of persons for social, educational or recreational
purposes of members regularly paying dues, but not primarily for profit
and not to render a service which is customarily carried on as a business.
A temporary sign advertising private sales of personal property
at house sales, garage sales, rummage sales and the like or private,
not-for-profit events, such as picnics, carnivals, bazaars, game nights,
art fairs, craft shows, Christmas tree sales and the like.
A sign that is wholly or partly dependent upon a building
for support and which projects more than 12 inches from such building.
All land within the Pinelands Area which is not included
in the preservation area.
Development by any federal, state, township or other governmental
agency.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water to
safeguard the public against flood damage, sedimentation and erosion.
An open space area converted or otherwise dedicated for a
municipal agency, board of education, state or county agency or other
public body for recreational uses.
Sewer service, gas, electricity, water, telephone, cable
television and other public utilities developed linearly, roads and
streets and other similar services provided or maintained by any public
or private entity.
An area devoted to or planned for use as a public park; a
public school; a federal, state, county or city building or facility
site; or another public use or facility or right-of-way or easement
for a street, transportation corridor, utility corridor, waterway
or drainageway owned or to be owned by a government agency.
The majority of the full authorized membership of a municipal
agency.
A facility for racing of animals, automobiles, motorcycles
or athletes. A race track may also feature grandstands or concourses.
[Added 5-4-2009 by Ord. No. 1647-2009]
A sign pertaining to the sale or lease of the premises or
a portion of the premises on which the sign is located; excluding,
however, "sold by" signs.
The management program which employs the most efficient use
of available technology, natural, human and economic resources.
The largest tree of a particular species in New Jersey based
on its circumference at 4.5 feet above ground level. A listing of
the largest known tree of each species and its location is maintained
at the principal offices of the Pinelands Commission.
[Added 8-4-1997 by Ord. No. 1280-97]
A private or public space, including essential buildings
and structures, used for play and recreational space for individuals.
Includes parks and playgrounds and other sporting fields,
including, but not limited to, golf courses, tennis courts, basketball
courts, softball and baseball fields, swimming areas (lakes, rivers
and pools), bicycle paths and indoor recreational facilities.
[Added 5-4-2009 by Ord. No. 1647-2009]
Any recreational facility which is not a low-intensive recreational
facility, including but not limited to golf courses, marinas and amusement
parks.
A facility or area which complies with the standards of N.J.A.C.
7:50-5, Part III; utilizes and depends on the natural environment
of the Pinelands and requires no significant modifications of that
environment other than to provide access; and which has an insignificant
impact on surrounding uses or on the environmental integrity of the
area. It permits such low intensity uses as hiking, hunting, trapping,
fishing, canoeing, nature study, orienteering, horseback riding and
bicycling. The following standards shall apply:
[Amended 8-4-1997 by Ord. No. 1280-97]
The parcel proposed for low-intensity recreational
use has an area of at least 50 acres.
The recreational use does not involve the use
of motorized vehicles except for necessary transportation.
Access to bodies of water is limited to no more
than 15 linear feet of frontage per 1,000 feet of water body frontage.
Clearing of vegetation, including ground cover
and soil disturbance, does not exceed 5% of the parcel.
No more than 1% of the parcel will be covered
with impermeable surfaces.
Activities that involve relatively inactive or less energetic
activities, such as walking, sitting, picnicking, board and table
games and open space for nature walks and observation.
[Added 5-4-2009 by Ord. No. 1647-2009]
A commercial establishment, including retail, office and
service establishments, which is architecturally designed as a single
principal structure and managed as a total entity with customer and
employee parking provided on site, provisions for delivery of goods
separated from customer access, aesthetic considerations and protection
from the elements. A regional shopping center shall occupy 50 or more
acres of land and have at least one anchor store and a minimum gross
leasable area of 400,000 square feet.
A procedure by which services and/or real or personal property
are temporarily transferred to another person for a specific time
period in exchange for remuneration.
Any work done on any improvement which is not an addition
to the improvement and which does not change the exterior surface
of any improvement.[11]
A facility for investigation into the natural, physical or
social sciences, which may include engineering and product development.
[Added 5-4-2009 by Ord. No. 1647-2009]
A plan prepared for review by the Soil Conservation District
which details the proposed use of agricultural recommended management
practices.
The dredging, digging, extraction, mining and quarrying of
sand, gravel, clay or ilmenite for commercial purposes, not including,
however, the private or agricultural extraction and use of extracted
material by a landowner.
Those resource extraction activities accessory to an existing
agricultural or horticultural use which meet the standards contained
in N.J.A.C. 7:50-6.55 or which do not require an application to the
Pinelands Commission pursuant to N.J.A.C. 7:50-4.1(a)19.
[Added 10-1-2012 by Ord. No. 1728-2012]
A plan, prepared in accordance with the United States Department
of Agriculture, Natural Resources Conservation Service, New Jersey
Field Office Technical Guide, dated June 2005. Such plans shall prescribe
needed land treatment and related conservation and natural resources
management measures, including forest management practices, for the
conservation, protection and development of natural resources, the
maintenance and enhancement of agricultural or horticultural productivity,
and the control and prevention of non-point-source pollution; and
establish criteria for resource sustainability of soil, water, air,
plants and animals.
[Added 6-18-2012 by Ord. No. 1722-2012]
An establishment in which food and drink may be procured,
provided that such food or drink is to be consumed while seated at
a table, counter or booth within the building.
An establishment which, by design or physical facilities
or by service or packaging procedures, permits or encourages the purchase
of prepared, ready-to-eat foods intended to be consumed off the premises
and where the consumption of food in motor vehicles on the premises
is neither permitted nor encouraged.
An establishment where food, frozen desserts or beverages
are sold in a form ready for consumption and where a significant portion
takes place outside the confines of the building, often in a motor
vehicle on the site.
An establishment whose principal business is the sale of
foods, frozen desserts or beverages in ready-to-consume individual
servings for consumption either within the restaurant building or
for carry-out whose design or principal method of operation encourages
high-turnover dining and where either:
[Amended 2-1-1993 by Ord. No. 1140-93]
Foods, frozen desserts or beverages are usually
served in paper, plastic or other disposable containers and where
customers are not usually served their order by a restaurant employee
at the same table or counter where the items are consumed; or
The establishment includes a drive-through service
facility.
Any part of a food establishment located outdoors, not used
for any other purposes and open to the sky, with the exception that
it may have a retractable awning or umbrellas and may contain furniture,
including tables, chairs, railings and planters that are readily moveable.
[Added 8-3-2009 by Ord. No. 1655-2009]
The further division or relocation of lot lines
of any lot or lots within a subdivision previously made and approved
or recorded according to law; or
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 retail sale of goods may include grocery stores; drug
stores; furniture and appliance stores; gift shops; dry good stores;
meat and poultry stores; baked good stores, where no mass commercial
production baking is done for wholesale commercial distribution on
premises (i.e., national or regional baking companies); flower shops;
confectionary stores; household supply stores; stationery supplies,
tobacco and periodical stores; haberdashery, dress goods and notions;
hardware, plumbing supplies and electrical supplies, provided that
all materials are stored within a completely enclosed building and
that only trucks incidental to the use located on the premises are
permitted, and such trucks shall be parked in the appropriately screened
and landscaped areas such that they are not visible from adjacent
lots or streets; shops or artisans and craftsmen; and video sales
and rental stores.
[Added 5-4-2009 by Ord. No. 1647-2009]
The boundary line of land used or intended for use as streets
or public ways and from which required setbacks for front yard and
lot depths shall be measured. Where existing roads are vague or show
a lesser dimension, they shall be considered to be not less than 50
feet apart or 25 feet from the street center line.
Those tidal lands of the State of New Jersey which are now
or were formerly flowed by mean high water.
Any legal instrument issued by the State of New Jersey which
allows the use of riparian lands in the manner prescribed by that
instrument as required generally by N.J.S.A. 12:3-1 et seq.
Any legal instrument issued by the State of New Jersey which
allows the use of riparian lands in the manner prescribed by that
instrument as required generally by N.J.S.A. 12:3-1 et seq.
A sign that is mounted upon the roof of a building or which
is wholly dependent upon a building for support and which projects
more that six inches above the highest point of a building with a
flat roof, the eave line of a building with a gambrel, gable or hip
roof or the deckline of a building with a mansard roof.
A silvicultural practice involving the drawing of a set of
tines, mounted on the front or trailed behind a tractor, over an area
to thoroughly disturb tree and vegetation roots and/or to collect
stumps and slash.
[Added 6-18-2012 by Ord. No. 1722-2012]
Any overland flow of water across the ground surface.
A structure standing on wheels, towed or hauled by another
vehicle and used as a temporary sales office for the sale of property
within a development.
[Added 5-4-2009 by Ord. No. 1647-2009]
Those roads and waterways as designated by the Pinelands
Commission.
A duly organized school, other than a public school, giving
regular instruction in subjects ordinarily taught in the public schools
and not under the jurisdiction of the school district but properly
registered with the State of New Jersey.
A structure or planting providing a continuous view obstruction
within the site or property consisting of evergreen plants, fencing,
walls, berms or any harmonious combination thereof, the purpose of
which is to reduce the impact of noise or unsightly visual intrusion.
[Amended 7-7-1997 by Ord. No. 1261-97]
The level below the natural ground surface to which water
seasonally rises in the soil in most years.
The level below the natural ground surface to which water
seasonally rises in the soil in most areas.
A silvicultural practice involving the removal of old forest
stand in one cutting, except for a small number of trees left singly,
in small groups or narrow strips, as a source of seed for natural
regeneration.
[Added 6-18-2012 by Ord. No. 1722-2012]
Wastewater treatment facilities which meet the requirements of § 203-186 of this chapter, entitled "Water quality."
A silvicultural practice involving the establishment of a
new, essentially even-aged forest stand from release, typically in
a series of cuttings, of new trees started under the old forest stand.
A shelterwood cut involves the establishment of the new forest stand
before the old forest stand is removed.
[Added 6-18-2012 by Ord. No. 1722-2012]
Any plant(s), deciduous or evergreen, generally multistemmed,
classified and sold by height or spread, measured in inches or feet,
listed in standards set forth by the American Association Nurserymen.
See "dwelling, duplex."
Any object, device, display, structure or part thereof, situated
outdoors or indoors, which is used to advertise, identify, display,
direct or attract attention to an object, person, institution, organization,
business, product, service, event or location by any means, including
words, letters, figures, designs, symbols, fixtures, colors, illumination
or projected images. Signs do not include the flag or emblem of any
nation, organization of nations, state, city, religious, fraternal
or civic organization; also merchandise and pictures or models or
products or services incorporated in a window display, works of art
which in no way identify a product or scoreboards located in athletic
fields. Definitions of particular functional, locational and structural
types of signs are listed in this section.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered at a location
other than the premises on which the sign is located; also known as
"billboards."
[Added 7-7-1997 by Ord. No. 1261-97]
Any sign or part of a sign which changes physical position
by any movement or rotation or which gives the visual impression of
such movement or rotation.
[Added 7-7-1997 by Ord. No. 1261-97][12]
A sign which provides special information, such as direction,
price, sales information, hours of operation or warning, and which
does not include names, brand names or information regarding produce
lines or services. Examples of such signs include directories of tenants
in buildings, no-trespassing signs and signs which list prices of
gasoline.
A sign that is mounted or painted on or attached to an awning,
canopy or marquee that is otherwise permitted.
[Added 7-7-1997 by Ord. No. 1261-97]
A sign which identifies an institution or organization on
the premises of which it is located and which contains the name of
the institution or organization, the names of individuals connected
with it and general announcements of events or activities occurring
at the institution, or similar messages.
[Added 7-7-1997 by Ord. No. 1261-97]
A sign which directs attention to a business or profession
conducted or to a commodity or service sold, offered or manufactured
or to an entertainment offered on the premises where the sign is located.
[Added 7-7-1997 by Ord. No. 1261-97]
A temporary sign erected on the premises on which construction
is taking place, during the period of such construction, indicating
the names of the architects, engineers, landscape architects, contractors
or similar artisans and the owners, financial supporters, sponsors
and similar individuals or firms having a role or interest with respect
to the structure or project.
[Added 7-7-1997 by Ord. No. 1261-97]
A sign which, by symbol or name, identifies a development.
It may also provide an index of uses (tenants) included in the development.
Signs limited to directional messages, principally for pedestrian
or vehicular traffic, such as "one-way," "entrance," and "exit."
[Added 7-7-1997 by Ord. No. 1261-97]
That area or display surface used for the message.
[Amended 7-7-1997 by Ord. No. 1261-97]
Any directly or indirectly illuminated sign which exhibits
changing natural or artificial light or color effects by any means
whatsoever.
[Added 7-7-1997 by Ord. No. 1261-97]
Any nonmovable sign not affixed to a building.
[Added 7-7-1997 by Ord. No. 1261-97]
A sign erected and maintained pursuant to and in discharge
of any governmental functions or required by law, ordinance or other
governmental regulations.
[Added 7-7-1997 by Ord. No. 1261-97]
A sign which is an integral part of a building facade. The
sign is painted directly on, carved in or otherwise permanently embedded
in the facade. Signs in shop windows are included unless they qualify
as auxiliary signs.
Any sign, other than a pole sign, placed upon or supported
by the ground independent of any other structure.
[Added 7-7-1997 by Ord. No. 1261-97]
Temporary signs, in the nature of decorations, clearly incidental
to and customarily and commonly associated with any national, local
or religious holiday.
[Added 7-7-1997 by Ord. No. 1261-97]
A sign containing only the name and occupation of a permitted
home occupation.
[Added 7-7-1997 by Ord. No. 1261-97]
A sign giving the nature, logo, trademark or other identifying
symbol; address; or any combination of the name, symbol and address
of a building, business, development or establishment on the premises
where it is located.
[Added 7-7-1997 by Ord. No. 1261-97]
A sign lighted by or exposed to artificial lighting either
by lights on or in the sign or directed towards the sign.
[Added 7-7-1997 by Ord. No. 1261-97]
Methods of illumination which may be divided into several
types:
GENERALThe sign itself neither is lighted internally nor has an external source of light specifically directed at it; rather, the sign depends on the general illumination of the area (e.g., parking lot, traffic or pedestrian areas) for its illumination.
INTERNALThe sign is made of translucent material with internal lights.
BACK LIGHTThe letters are raised beyond the sign's background and the cover-lighting sources which illuminate the background.
SPOTLIGHTThe sign is lighted by spotlights specifically directed at it.
A sign, tablet or plaque memorializing a person, event, structure
or site.
[Added 7-7-1997 by Ord. No. 1261-97]
A sign, located on the premises, giving the name or address,
or both, of the owner or occupant of a building or premises.
[Added 7-7-1997 by Ord. No. 1261-97]
A sign commonly associated with, and not limited to, information
and directions necessary or convenient for visitors coming on the
property, including signs marking entrances and exits, parking areas,
circulation direction, rest rooms and pickup and delivery areas.
[Added 7-7-1997 by Ord. No. 1261-97]
A sign that is mounted on a freestanding pole or other support
so that the bottom edge of the sign face is six feet or more above
grade.
[Added 7-7-1997 by Ord. No. 1261-97]
A temporary sign announcing or supporting political candidates
or issues in connection with any national, state or local election.
[Added 7-7-1997 by Ord. No. 1261-97]
A sign that is not permanent, affixed to a building, structure
or the ground.
[Added 7-7-1997 by Ord. No. 1261-97]
A temporary sign advertising private sales of personal property
such as "house sales," "garage sales," "rummage sales" and the like
or private not-for-profit events, such as picnics, carnivals, bazaars,
game nights, art fairs, craft shows and Christmas tree sales.
[Added 7-7-1997 by Ord. No. 1261-97]
A sign that is wholly or partly dependent upon a building
for support and which projects more than 12 inches from such building.
[Added 7-7-1997 by Ord. No. 1261-97]
A sign pertaining to the sale or lease of the premises, or
a portion of the premises, on which the sign is located.
[Added 7-7-1997 by Ord. No. 1261-97]
A sign that is mounted on the roof of a building or which
is wholly dependent upon a building for support and which projects
above the point of a building with a flat roof, the eave line of a
building with a gambrel, gable or hip roof or the deck line of a building
with a mansard roof.
[Added 7-7-1997 by Ord. No. 1261-97]
A sign or advertising display constructed of cloth, canvas,
fabric, plywood or other light material and designed or intended to
be displayed for a short period of time.
[Added 7-7-1997 by Ord. No. 1261-97]
A sign fastened to or painted on the wall of a building or
structure in such a manner that the wall becomes the supporting structure
for or forms the background surface of the sign and which does not
project more than 12 inches from such building or structure.
[Added 7-7-1997 by Ord. No. 1261-97]
Signs limited to messages of warning, danger or caution.
[Added 7-7-1997 by Ord. No. 1261-97]
A sign that is applied or attached to the exterior or interior
of a window or located in such manner within a building that it can
be seen from the exterior of the structures through a window.
[Added 7-7-1997 by Ord. No. 1261-97]
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 and proposed
buildings, drives, parking spaces, walkways, means of ingress and
egress, drainage facilities, utility services, landscaping, structures,
signs, lighting and screening devices, and any other information that
may be reasonably required in order to make an informed determination
pursuant to Hamilton Township Development Regulations.
All site plans not classified as minor site plans.
[Added 8-21-2006 by Ord. No. 1573-2006]
A proposed building, the conversion of the existing building
from one use to another or the enlargement of an existing building
or any combination of the same that does not exceed 5,000 square feet
for retail commercial uses, exceed 10,000 square feet for industrial
uses, nor require more than 25 new parking spaces.
[Added 8-21-2006 by Ord. No. 1573-2006]
A solar energy system and all associated components, including,
but not limited to, panels, arrays, footings, supports, mounting and
stabilization devices, inverters, electrical distribution wires and
other on-site or off-site infrastructure necessary for the facility,
which converts solar energy into usable electrical energy, heats water
or produces hot air or other similar function.
[Added 7-16-2018 by Ord. No. 1879-2018]
The maximum area of floodplain that, on the average, is likely
to be flooded once every 100 years (i.e., that has a one-percent chance
of being flooded each year).[13]
Wildlife species whose prospects for survival are in immediate
danger because of a loss of or change in habitat, overexploitation,
predation, competition, disease, disturbance or contamination and
designated as such by a governmental agency.
[Added 5-4-2009 by Ord. No. 1647-2009]
Wildlife species that may become endangered if conditions
surrounding them begin or continue to deteriorate and that are so
designated by a governmental agency.
[Added 5-4-2009 by Ord. No. 1647-2009]
See "recreational areas, active."
[Added 5-4-2009 by Ord. No. 1647-2009]
A large open or enclosed place used for games and major events
and partly or completely surrounded by tiers of seats for spectators.
Stadiums may include restaurants and retail stores as accessory to
the principal use.
[Added 5-4-2009 by Ord. No. 1647-2009]
That part of any building comprised between the level of
one finished floor and the level of the next-higher finished floor
or, if there is no higher finished floor, then that part between the
highest finished floor and the top of the roof beams.
Any space partially within the roof framing where the clear
height of not more than 75% of such space between the top of the floor
beams and the structural ceiling level is seven feet six inches or
more.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway
or is shown on a plat heretofore approved pursuant to law or is approved
by official action pursuant to N.J.S.A. 40:55D-1 et seq. or is shown
upon a plat duly filed and recorded in the office of the County Clerk
prior to the appointment of a Planning Board and the granting to such
Board of the power to review plats, and includes the land between
the right-of-way lines, whether improved or unimproved, and may compromise
pavements, shoulders, gutters, curbs, sidewalks, parking areas and
other areas within the right-of-way lines.
A street carrying traffic from collector streets.
A street which carries traffic from a minor street to the
major system of arterial streets. It shall include the principal entrance
street(s) of a residential development and streets for circulation
within such development.
The dividing line between a lot and a public street, road
or highway or a private street, road or way over which two or more
dominant estates have the right-of-way.
A street which is used primarily for access to the abutting
properties.
A street which is parallel to and adjacent to an arterial
street or highway and which provides access to abutting properties
and protection from through traffic.
See "street, local."
A deciduous tree planted primarily to provide shade and visual
harmony along a roadway with a minimum installation size of 13 feet
in height, two-and-one-half-inch caliper and limbed to a minimum height
of seven feet.
[Added 7-7-1997 by Ord. No. 1261-97]
Any change in the supporting members of a building or any
substantial change in the roof or in the exterior walls.
A combination of materials to form a construction for occupancy,
use or ornamentation having a fixed location on, above or below the
surface of land or attached to something having a fixed location on,
above or below the surface of land.
The vertical distance of a building measured from grade to
the highest point of the roof for flat roofs, to the deck line for
mansard roofs and to the mean height between eaves and ridge for gable,
hip and gambrel roofs. For structures, the vertical distance measured
from grade to its highest point; provided, however, that no height
limitation in this chapter shall apply to any of the following structures,
provided that such structures are compatible with uses in the immediate
vicinity: antennas which do not exceed a height of 200 feet and which
are accessory to an otherwise permitted use, silos, barns and other
agricultural structures, church spires, cupolas, dome, monuments,
water towers, fire observation towers, electric transmission lines
and supporting structures, windmills, smokestacks, derricks, conveyers,
flag poles and masts, or aerials, solar energy facilities, chimneys
and similar structures to be placed above the roof level and not intended
for human occupancy. The height limitations of this definition shall
also not apply to the antenna and any supporting structure of a local
communication facility of greater than 35 feet, provided that the
standards set forth in N.J.A.C. 7:50-5.4(c) are met.
[Amended 8-4-1997 by Ord. No. 1280-97]
A building or portion of a building used as a place of work
by an artist, photographer or artisan.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development. The following shall not be considered subdivisions within
the meaning of this act if no new streets are created: divisions of
land found by the Planning Board or Subdivision Committee thereof
appointed by the Chairman to be for agricultural purposes where all
resulting parcels are five acres or larger in size; divisions of property
by testamentary or intestate provisions; divisions of property upon
court order, including but not limited to judgments of foreclosure;
consolidation of existing lots by deed or other recorded instrument;
and the conveyance of one or more adjoining lots, tracts or parcels
of land owned by the same person or persons, and all of which are
found and certified by the administrative officer to conform to the
requirements of the Municipal Development Regulations and are shown
and designated as separate lots, tracts or parcels on the Tax Map
or atlas of the municipality. The term "subdivision" shall also include
the term "resubdivision."
Those lands which are inundated with water throughout the
year.
A structure or container installed either in-ground or aboveground
with a filtration system and used in conjunction with a private residence
for the purpose of swimming or wading.
An area of land used for or devoted to the storage of a commodity,
such as but without limitation gas, oil, propane, chemicals and similar
substances.
[Added 1-20-2004 by Ord. No. 1485]
A sign or advertising display constructed of cloth, canvas,
fabric, paper, plywood or other light material designed or intended
to be displayed for a short period of time.
One established for a fixed period of time with the intent
to discontinue such use upon the expiration of such time. Such uses
do not involve the construction or alteration of any permanent building
or structure. No use expressly permitted or permissible as a permanent
or temporary use in any district pursuant to the provisions of this
chapter shall be allowed as a temporary use in any other district.
A level plane or surfaced patio directly adjacent to a principal
building, at or within three feet of grade and not covered by any
permanent structure.
A building or part of a building devoted to showing motion
pictures or for dramatic, musical or live performances. Seating shall
be provided for all patrons in an auditorium manner. All sitting areas
shall be visible and unobstructed.
A silvicultural practice involving the removal of competing
trees to favor certain species, sizes and qualities of trees.
[Added 6-18-2012 by Ord. No. 1722-2012]
The removal of the right to develop or build, expressed in
dwelling units per acre or floor area, from land in one zoning district,
and the transfer of that right to land in another district where such
transfer is permitted.
[Added 5-4-2009 by Ord. No. 1647-2009]
A vehicular, portable structure built on a chassis designed
to be used as a temporary dwelling for travel, recreational and vacation
uses, permanently identified "travel trailer" by the manufacturer
of the trailer and, when factory equipped for the road, having a body
width not exceeding eight feet and a body length not exceeding 32
feet.
Any large woody plant, deciduous or evergreen, having one
or more self-supporting stems or trunks and numerous branches, classified
and measured according to standards set forth by the American Association
of Nurserymen.
[Added 7-7-1997 by Ord. No. 1261-97]
Any purpose for which a building or other structure or tract
of land may be designed, arranged, intended, maintained or occupied
or maintained under the zoning provisions.
The many or primary purpose or purposes for which land, a
structure or a building is designed, arranged or intended or for which
it may be occupied or maintained under the zoning provisions.
An area used for the storage and display of used automobiles
advertised for sale, including motorcycles, trucks or any other motorized
vehicle.
Lines, conduits or pipes located in a street, road, alley
or easement through which natural gas, electricity, telephone, cable
television, water, sewage or stormwater discharge is distributed to
or from service lines extending from the main line to the distribution
system of the building or premises served. Utility distribution lines
do not include electric transmission lines.
[Amended 8-4-1997 by Ord. No. 1280-97]
Permission to depart from the literal requirements of a zoning
ordinance pursuant to New Jersey Municipal Land Use Law, P.L. 1975
c. 291, Section 47, N.J.S.A. 40:55D-60; and Subsections 29.2b, 57c
and 57d of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-40
and 40:55D-70.
Any plant material, including grasses, shrubs and trees.
An establishment which, by design of physical facilities
or by service or packaging procedures, encourages or permits pedestrians
to receive a service or obtain a product without entering the establishment
building.
A sign fastened to or painted on the wall of a building or
structure in such a manner that the wall becomes the supporting structure
for or forms the background surface of the sign and which does not
project more than 12 inches from such building or structure.
A sign limited to messages of warning, danger or caution.
Any area of land either naturally formed or artificially
designed for the storage, passage, retention or flow of water, including
but not limited to the following: lake, pond, stream, canal, ditch
or swale.
Any installation or structure designed to provide a portable
water supply.
An attached dwelling unit for a single family with only one
dwelling unit from ground to roof and with individual outside access.
Each dwelling unit shall have both a one- and two-story section, with
the one-story section at least 10 feet wide or 30% of the lot width,
whichever is greater.
Those lands which are inundated or saturated by water at
a magnitude, duration and frequency sufficient to support the growth
of hydrophytes. Wetlands include lands with poorly drained or very
poorly drained soils, as designated by the National Cooperative Soils
Survey of the Soil Conservation Service of the United States of America
Department of Agriculture and further defined in N.J.A.C. 7:50-6.3
through 6.5.
The establishment of a characteristic wetland or the removal
of exotic species or Phragmites from a wetland in accordance with
the standards of N.J.A.C. 7:50-6.10. For purposes of this definition,
"exotic species" are those that are not indigenous to North America.
[Added 6-18-2012 by Ord. No. 1722-2012]
Any legal instrument issued pursuant to N.J.S.A. 13:9A-1
et seq. and N.J.A.C. 7:7A-1 et seq. permitting the applicant to engage
in an activity specified thereon.
Those soils designated as very poorly drained or poorly drained
by the Soil Conservation Service of the United States Department of
Agriculture, including but not limited to Atsion, Bayboro, Berryland,
Colemantown, Elkton, Keansburg, Leon, Muck, Othello, Pocomoke, Saint
Johns and freshwater marsh and tidal marsh soil types.
A business engaged in the sale of commodities in quantity,
usually for resale or business use, chiefly to retailers, other businesses,
industries and institutions.
A sign which is applied or attached to the exterior or interior
of a window or located within three feet of the interior of a window
and which can be seen from the exterior of the structure.
A facility or structure for the purpose of supplying electrical
energy produced from wind, solar, or photovoltaic technologies, whether
such facility or structure is a principal use, part of the principal
use or an accessory use or structure.
[Added 10-1-2012 by Ord. No. 1728-2012]
An open unoccupied space on the same lot with a main building,
open and unobstructed from the ground upward.
A yard extending the full width of the lot and extending
from the front line of the main building, projected to the side lines
of the lot, to the street line.
The minimum distance between the front line to the front
yard line.
A line drawn parallel to a front lot line at a distance therefrom
equal to the depth of the required rear yard.
A line drawn parallel to a side lot line at a distance therefrom
equal to the depth of the required side yard.
A line drawn parallel to a rear lot line at a distance therefrom
equal to the depth of the required rear yard.
A yard extending the full width of the lot and extending
from the rear line of the lot to the rear line of the main building,
projected to the side lines of the lot.
The main distance from the rear lot line or its vertical
projection to the part of the building that is nearest thereto at
any store level.
A yard extending from the front yard to the rear yard between
the main building and the adjacent side line of the lot.
The minimum distance between the side lot line or its vertical
projection and the side walls of the building.
A plan, prepared in accordance with the underlying zoning
and subdivision regulations, which documents and quantifies the permitted
number of units for a given parcel.
[Added 6-18-2012 by Ord. No. 1722-2012]
The Zoning District Map[14] shall consist of the following four maps:
A document signed by the Zoning Officer which is required
by ordinance as a condition precedent to commencement of a use or
the development, erection, construction, reconstruction, alteration,
conversion or installation of a structure or building and which acknowledges
that such use, structure or building complies with the provisions
of the ordinance or a duly authorized variance therefrom.
[1]
Editor's Note: See N.J.A.C. 7:7D-2.1 et seq.
[2]
Editor's Note: See N.J.S.A. 13:9A-1 et seq.
[3]
Editor's Note: See N.J.S.A. 13:18A-5.
[4]
Editor's Note: See N.J.S.A. 13:18A-8.
[6]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[7]
Editor's Note: See 24 CFR 3280.1 et seq.
[8]
Editor's Note: The former definition of "planned
unit residential development," which immediately followed this definition,
was repealed 11-15-2001 by Ord. No. 1417-2001.
[9]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[10]
Editor's Note: See N.J.S.A. 13:18A-11b.
[11]
Editor's Note: The former definition of "residential
cluster," which immediately followed this definition, was repealed
11-15-2001 by Ord. No. 1417-2001.
[12]
Editor's Note: The definition of "sign, arterial,"
which immediately followed this definition, was repealed 7-7-1997
by Ord. No. 1201-97.
[13]
Editor's Note: The former definitions of "specimen,
tree" and "standard subsurface sewage disposal system," which immediately
followed this definition, were deleted 8-4-1997 by Ord. No. 1280-97.
[14]
Editor's Note: The Zoning Map is on file in
the office of the Township Clerk, where it may be examined during
regular business hours.
