Township of Hamilton, NJ
Atlantic County
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Table of Contents
Table of Contents

§ 203-16 Word usage.

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.

§ 203-17 Terminology and interpretation.

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.

§ 203-18 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY STRUCTURE OR USE
A structure or use which:
A. 
Is subordinate to, customarily incidental to and serves a principal building or principal use;
B. 
Is subordinate in area, extent and purpose to the principal structure or principal use served;
C. 
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]
D. 
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]
ACTIVE RECREATION AREA
An area designed and equipped for the conduct of sports, leisure-time activities and other customary and usual recreational activities.
ADDITION
The construction of a new improvement as part of an existing improvement when such new improvement changes the exterior appearance of the existing improvement.
ADMINISTRATIVE OFFICE
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.
ADMINISTRATIVE OFFICER
The Zoning Officer of Hamilton Township, unless a different municipal officer is designated within this chapter or by statute.
AFFORDABLE HOUSING
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.
AGRICULTURAL AIRFIELD
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.
AGRICULTURAL COMMERCIAL ESTABLISHMENT
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.
AGRICULTURAL EMPLOYEE HOUSING
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.
AGRICULTURAL OR HORTICULTURAL PURPOSE OR USE
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.
AGRICULTURAL PRODUCTS PROCESSING FACILITY
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.
AGRICULTURAL SERVICE ESTABLISHMENT
An establishment, the primary purpose of which is the sale of goods, commodities or services that support active farm operations.
ALLEY
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.
ALTERATION
Any work done on any improvement which is not an addition and which changes the exterior appearance of any improvement.
ALTERNATE DESIGN PILOT PROGRAM TREATMENT SYSTEM
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, limited to the following systems authorized for use for residential development by the pilot program established in N.J.A.C. 7:50-10, Part IV:
[Added 12-2-2002 by Ord. No. 1443-2002]
A. 
Ashco RFS III;
B. 
FAST;
C. 
Cromaglass;
D. 
Bioclere; and
E. 
Amphidrome.
AMENDMENT
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.
AMPITHEATER
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]
ANIMAL HOSPITALS OR CLINICS
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]
ANIMALS, THREATENED OR ENDANGERED
Those animals specified in N.J.A.C. 7:50-6.32 or successor regulations.
ANIMATED OR MOVING SIGN
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.
APARTMENT
One or more rooms comprising an independent self-contained dwelling unit in a building containing two or more such dwelling units.
APARTMENT, GARDEN
See "dwelling, multiple."
APPEAL
A means for obtaining review of a decision, determination, order or failure to act pursuant to the terms of this chapter.
APPLICANT
A developer submitting an application for development.
A. 
An application form and all accompanying documents required by this chapter for approval of a subdivision, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 and 40:55D-36 or successor statutes.
B. 
In the Pinelands Area, this shall include any application filed with any permitting agency for any approval, authorization or permit which is a prerequisite to initiating development in the Pinelands Area, except as provided in § 203-9A(2) of Article I.
APPROVING AGENCY
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.
ARCADE
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.
ARTERIAL STREET OR ROAD
See "street, arterial."
ARTIFICIAL REGENERATION
The establishment of tree cover through direct or supplemental seeding or planting.
[Added 6-18-2012 by Ord. No. 1722-2012]
ARTISTS' STUDIOS
See "studio."
[Added 5-4-2009 by Ord. No. 1647-2009]
ATRIUM HOUSE
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.)
ATTACHED DWELLING
See "dwelling, attached."
ATTENTION-GETTING DEVICE
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.
ATTIC
That part of a building which is immediately below and wholly or partly within the roof framing, not generally used as living space.
AUTOMOBILE SERVICE STATION WITH CONVENIENCE STORE
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]
AUTOMOTIVE GARAGE
Any premises used for repair or servicing of motor vehicles, not including automotive wrecking.
AUTOMOTIVE SALES BUILDING
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.
AUTOMOTVE SERVICES
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]
AUTOMOTIVE SERVICE STATION
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.
AUTOMOTIVE WASH
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.
AUTOMOTIVE WRECKING
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.
AWNING, CANOPY OR MARQUEE SIGN
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.
BANK
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]
BANK, DRIVE-IN
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.
BAR, PUB or TAVERN
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.
BASEMENT
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.")
BED-AND-BREAKFAST ESTABLISHMENT
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]
BEDDING
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]
BERM
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.
BIKE PATH
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.
BILLBOARD
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.
BOARD OF ADJUSTMENT
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."
BROADCAST SCARIFICATION
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]
BUFFER
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]
BUILDING
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.
BUILDING AREA
See "ground area of a building."
BUILDING CODE
The Uniform Construction Code of New Jersey as from time to time adopted, readopted and amended.
BUILDING FRONT
The exterior wall of a building facing the front line of a lot.
BUILDING HEIGHT
See "structure height."
BUILDING LINE
The line parallel to the street line at a distance therefrom equal to the depth of the required front yard.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use of the lot, to which all other buildings on the lot are accessory.
BUILDING SETBACK LINE
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.
BULK
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.
BULLETIN BOARD SIGN
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.
BUSINESS SIGN
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.
CAFE
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]
CAMPER
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.
CAMPSITE
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]
CATERING FACILITY
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]
CELLAR
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.")
CENTER LINE OF STREET
See "street, center line of."
CERTIFICATE OF APPROPRIATENESS
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]
CERTIFICATE OF COMPLIANCE
A document issued by the Zoning Officer or other proper authority certifying that the plans for proposed use meet all applicable codes and regulations.
CERTIFICATE OF FILING
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.
CERTIFICATE OF NONCONFORMITY
A statement signed by the Zoning Officer or other authorized officer setting forth that a nonconformity is lawfully existing as of a specified date.
CERTIFICATE OF OCCUPANCY
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.
CHANNEL
A watercourse with a definite bed and banks which confine and conduct the normal, continuous or intermittent flow of water.
CHURCH
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.
CIRCULATION
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.
CLASSIFICATION or ZONING CLASSIFICATION
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.
CLEARCUTTING
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]
CLINIC
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.
CLUB
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]
CLUSTER DEVELOPMENT
See "residential cluster."
COASTAL AREA
The coastal area designated by the New Jersey Coastal Facility Review Act Rules and Regulations[1] or successor legislation.
COASTAL WETLANDS
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.
COIN-OPERATED AMUSEMENT DEVICE
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.
COMMENCEMENT OF CONSTRUCTION
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.
COMMERCIAL BUILDING
A building, the principal use of which is a commercial use.
COMMERCIAL USE OR PURPOSE
Any use first permitted in a commercial district.
COMMISSION
The Pinelands Commission of New Jersey created pursuant to Section 5 of the Pinelands Protection Act.[3]
COMMON OPEN SPACE
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.
COMMUNITY CENTER
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]
COMPLETELY ENCLOSED BUILDING
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.
COMPREHENSIVE MANAGEMENT PLAN
The plan adopted by the Commission pursuant to Section 7 of the Pinelands Protection Act, as amended.[4]
CONDITIONAL USE
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in 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.
CONSTRUCTION
The construction, erection, reconstruction, alteration, conversion, demolition, removal or equipping of buildings or structures.
CONSTRUCTION OFFICIAL
The official specified in the Building Code designated as such by the Township Committee to enforce the provisions of the Building Code.
CONSTRUCTION SIGN
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.
CONSTRUCTION TRAILER
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]
CONTIGUOUS LAND
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]
CONVALESCENT FACILITY
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]
CONVENIENCE STORE
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]
CONVENIENCE STORE WITH GAS PUMPS
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]
CONVENTIONAL DEVELOPMENT
Any development other than planned development.
COPPICING
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]
COUNTY MASTER PLAN
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.
COUNTY PLANNING BOARD
The Atlantic County Planning Advisory Board.
COURT, INNER
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.
COURT, OUTER
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.
COVERAGE
See "lot coverage."
CUL-DE-SAC
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.
CURB LEVEL
The permanently established grade of the curb top in front of a lot.
DAY
A calendar day.
DAY CARE
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.
DAY-CARE CENTER
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.
DAY-CARE HOME
An occupied residence providing or designed to provide day care for not more than six children.
DAY-CARE NURSERY
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.
DECIDUOUS
A plant with foliage that is shed annually.
[Added 7-7-1997 by Ord. No. 1261-97]
DEDICATION
The transfer of property from private to public ownership for a public purpose.
DEMOLITION
The razing of any improvement or the obliteration of any natural feature of a lot.
DENSITY, GROSS
The average number of housing units per unit of land.
DENSITY, NET
See "net density."
DENSITY TRANSFER
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]
DEPTH OF LOT
See "lot depth."
DESIGN COMMERCIAL SHOPPING CENTER
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.
DETACHED HOUSE
One which has yard access on all four sides.
DEVELOPABLE LAND
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]
DEVELOPER
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.
DEVELOPMENT
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. 
A change in type of use of a structure or land.
B. 
A reconstruction, alteration of the size or material change in the external appearance of a structure or land.
C. 
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.
D. 
Commencement of forestry activities, resource extraction, drilling or excavation on a parcel of land.
E. 
Demolition of a structure or removal of trees.
F. 
Deposit of refuse, solid or liquid waste or fill on a parcel of land.
G. 
In connection with the use of land, the making of any material change in noise levels, thermal conditions or emissions of waste material.
H. 
Alterations, either physically or chemically, of a shore, bank or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial body of water.
DEVELOPMENT APPROVAL
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.
DEVELOPMENT, MAJOR
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.
DEVELOPMENT, MINOR
All development other than major development.
DEVELOPMENT PERMIT
Any permit or certificate required to be issued for any development regulated this chapter.
DEVELOPMENT REGULATION
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.
DISKING
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]
DISTANCE OF SIGN PROJECTION
The distance from the exterior wall surface of a building to the sign element the farthest distance from such surface.
DISTRICT
A part, zone or geographic area within Hamilton Township within which certain zoning or development regulations apply.
DISTRICT BOUNDARY LINES
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.
DISTRICT BOUNDARY LOT
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.
DOUBLE-FRONTAGE LOT
See "lot, double-frontage."
DRAINAGE
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.
DRAINAGE RIGHT-OF-WAY
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.
DRIVE-IN ESTABLISHMENT
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.
DRUGSTORE and PHARMACY
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.
DRUM CHOPPING
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]
DRY-CLEANING ESTABLISHMENT
An establishment providing dry-cleaning machines on the premises for dry-cleaning purposes.
[Added 5-4-2009 by Ord. No. 1647-2009]
DWELLING
A structure, or portion thereof, that is used exclusively for human habitation.
[Added 5-4-2009 by Ord. No. 1647-2009]
DWELLING, ATTACHED
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]
DWELLING, DETACHED
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]
DWELLING, DUPLEX
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.
DWELLING, MULTIPLE
A building or portion thereof containing more than two dwelling units.
A. 
A 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.
B. 
A 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.
DWELLING, PATIO HOME
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]
DWELLING, SINGLE-FAMILY DETACHED
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.
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.
DWELLING UNIT CONVERSION
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.
DWELLING UNIT, EFFICIENCY
A dwelling unit consisting of not more than one habitable room, together with kitchen or kitchenette and sanitary facilities.
DWELLING, ZERO-LOT-LINE
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]
EARTHBORNE VIBRATIONS
A cyclic movement of the earth due to the propagation of mechanical energy.
EFFICIENCY DWELLING UNIT
See "dwelling unit, efficiency."
ELECTRIC DISTRIBUTION LINES
All electric lines other than electric transmission lines.
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.
ENLARGEMENT
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.
ENVIRONMENTAL PROTECTION COMMISSION
A municipal advisory body created pursuant to P.L. 1968, c. 245 (N.J.S.A. 40:56A-1 et seq.).[5]
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
EVERGREEN
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]
EXISTING ELEVATIONS
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.
EXTENSION
An increase in the amount of existing floor area used for an existing use within an existing building.
EXTERIOR WALL
Any wall which defines the exterior boundaries of a building or its courts or of a structure.
FAMILY
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.
FAMILY INDOOR RECREATION FACILITY
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]
FARM BUILDING
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.
FAST-FOOD RESTAURANT
See "restaurant, fast-food."
FILLING
The depositing on land, whether submerged or not, of sand, gravel, earth or other materials of any composition whatsoever.
FINAL APPROVAL
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.
FINISH ELEVATIONS
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.
FIRE HAZARD
The classification of a parcel of land in accordance with the provisions of § 203-185.
FISH AND WILDLIFE MANAGEMENT
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.
FLASHING SIGNS
Any directly or indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means whatsoever.
FLOOD-FRINGE AREA
That portion of the flood hazard area not designated as the floodway.
FLOOD HAZARD AREA
The floodway and any additional designated portions of the floodplain.
FLOODPLAIN
A land area adjoining a river, stream or other watercourse which is likely to be flooded.
FLOODWAY
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.
FLOOR AREA, NET
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.
FLOOR AREA RATIO
The total gross floor area of a building on a lot, divided by the area of the lot.
FLOOR AREA, TOTAL
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.
FOOTCANDLE
A unit of illumination; technically, the illumination at all points, one foot distant from a uniform point source of one candlepower.
FORESTRY
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]
A. 
Removal of trees located on a parcel of land one acre or less on which a dwelling has been constructed;
B. 
Horticultural activities involving the planting, cultivating or harvesting of nursery stock or Christmas trees;
C. 
Removal of trees necessitated by the development of the parcel as otherwise authorized by this chapter;
D. 
Removal of trees necessary for the maintenance of utility or public rights-of-way;
E. 
Removal or planting of trees for the personal use of the parcel owner; and
F. 
Removal of trees for public safety.
FORESTRY MANAGEMENT PLAN
A plan detailing forestry management programs in accordance with the provisions of N.J.A.C. 7:504.2(b)6.
FOREST STAND
A uniform group of trees of similar species, composition, size, age and similar forest structure.
[Added 6-18-2012 by Ord. No. 1722-2012]
FRATERNAL ORGANIZATION
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.
FRATERNITY OR SORORITY HOUSE
A dwelling unit maintained exclusively for members affiliated with an academic or professional college, university or other recognized institution of higher learning.
FRONT LOT LINE
See "lot line, front."
FRONT YARD
See "yard, front."
FRONT YARD LINE
See "yard line, front."
FUNERAL HOME/MORTURARY PARLOR
A business that provides burial and funeral services for the deceased and their families.
[Added 5-4-2009 by Ord. No. 1647-2009]
A. 
Any establishment, room or place where more than four coin-operated amusement devices are available to the public; or
B. 
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.
GARAGE, PRIVATE
A building accessory to a dwelling unit used for the housing of not more than three motor vehicles.
GARAGE, PUBLIC
Any garage not included within the definition of "private garage."
GASOLINE SERVICE STATION
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.
GENERAL BUSINESS ESTABLISHMENTS
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.
GOLF COURSE
An open area and its necessary buildings used for the playing of golf.
GOVERNMENTAL AGENCIES
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.
GOVERNMENTAL SIGN
A sign erected and maintained pursuant to and in discharge of any governmental function or required by any law, ordinance or governmental regulation.
A. 
For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the streets.
B. 
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.
C. 
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.
D. 
Any wall approximately parallel to and not more than 20 feet from a street line is to be considered as adjoining the street.
GROSS FLOOR AREA
See "floor area, total."
GROUND AREA OF A BUILDING
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.
GROUND COVER
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.
GROUND COVERAGE
See "lot, coverage."
GROUND SIGN
Any sign, other than a pole sign, placed upon or supported by the ground independently of any other structure.
GROUP SELECTION
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]
HABITABLE FLOOR AREA
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.
HABITABLE ROOM
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.
HABITAT
The natural environment of an individual animal or plant population or community.
HEALTH AND EXERCISE FACILITY
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]
HEALTH CARE CENTER
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]
HEIGHT
See "structural height."
HEIGHT OF SIGN
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.
HISTORIC DISTRICT
A definable group of lots with improvements which:
A. 
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]
B. 
By virtue of their singular character, can readily be viewed as an area or neighborhood distinct from surrounding portions of the Township; and
C. 
Are so designated by the Township Committee in accordance with the provisions of Article XVIII, Historic District Site Plan Review, of this chapter.
HISTORIC RESOURCE
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]
HOLIDAY DECORATIONS
Temporary signs in the nature of decorations clearly incidental to and customarily and commonly associated with any national, local or religious holiday.
A. 
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.
B. 
It shall exclude such uses as a clinic, hospital, tearoom, tourist house, animal hospital, barbershop or any similar use.
C. 
No display or advertising shall be visible from the outside of the building except for a home occupation sign.
HOME OCCUPATION SIGN
A sign containing only the name and occupation of a permitted home occupation.
HOME PERSONAL OFFICE
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]
HOSPITAL
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.
HOTEL
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]
HYDROPHYTE
Any plant growing in water or in substrate that is at least periodically deficient in oxygen as a result of excessive water content.
IDENTIFICATION SIGN
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.
IMMEDIATE FAMILY
Those persons related by blood or legal relationship in the following manner: grandparents, grandchildren, parents, sons, daughters, brothers and sisters, nieces or nephews, aunts and uncles and first cousins, husbands and wives, great-grandparents and great-grandchildren.
[Amended 8-4-1997 by Ord. No. 1280-97]
IMPERMEABLE COVERAGE
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]
IMPERMEABLE SURFACE
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]
IMPERVIOUS SURFACE
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]
IMPROVEMENT
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.
INDIVIDUAL SELECTION
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]
INDOOR RECREATION CENTER
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]
INDUSTRIAL BUILDING
Any building, the principal use of which is an industrial use.
INDUSTRIAL PLANNED DEVELOPMENT
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.
INDUSTRIAL USE OR PURPOSE
Any use first permitted in an industrial district.
INHERENTLY BENEFICIAL USE
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]
INN
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]
INSTITUTIONAL USE
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]
INTENSE BURNING
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.
INTENSE RECREATIONAL FACILITY
See "recreational facility, intensive."
INTERESTED PERSON OR PARTY
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.
INTERIM RULES AND REGULATIONS
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.
INTERIOR LOT
A lot other than a corner lot.
JOINT IDENTIFICATION SIGN
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.
JUNKYARD
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.
KENNEL
A commercial establishment where four or more domestic animals more than four months of age are housed, groomed, bred, boarded, trained or sold.
LAND
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.
A. 
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:
(1) 
Is associated with events of significance to cultural, political, economic or social history;
(2) 
Is associated with the lives of persons or institutions of significance to cultural, political, economic or social history;
(3) 
Represents distinctive characteristics of a type, period or method of construction of significance to cultural, political, economic or social history; or
(4) 
Has yielded or is likely to yield information significant to history or prehistory.
B. 
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.
LANDSCAPE
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.
LANDSCAPE PLAN
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.
LAND SURVEYOR
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.
LANES, INGRESS AND EGRESS
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.
LAUNDROMAT
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.
A. 
The 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.
B. 
The 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.
C. 
The 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.
D. 
A 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.
E. 
A unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one candle.
F. 
The brightness of a light source which causes eye discomfort.
G. 
A complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative parts.
H. 
The maximum illumination measured in footcandles at the interior buffer yard line at ground level.
LOADING SPACE
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.
LOCAL COMMUNICATIONS FACILITY
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]
LODGE
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]
LOT
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.
LOT AREA
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]
LOT, CORNER
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.
LOT COVERAGE
The percentage of lot area occupied by the ground area of principal and accessory buildings on such lot.
LOT DEPTH
The mean horizontal distance from the front lot line to the rear lot line, measured perpendicular to the front lot line.
LOT DISTURBANCE
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]
LOT, DOUBLE-FRONTAGE
A lot having frontage on two nonintersecting streets.
LOT FRONTAGE
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]
LOT, INTERIOR
A lot other than a corner lot.
LOT, INTERIOR FRONT LINE
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.
LOT LINE
Any boundary line of a lot.
LOT LINE, FRONT
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]
LOT LINE HOUSE
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.
LOT LINE, REAR
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.
LOT LINE, SIDE
Any lot line other than a front or rear lot line.
LOT WIDTH
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.
LOW-INCOME HOUSEHOLD
A household with an annual income of less than 50% of the median income for the county or standard metropolitan statistical area.
LOW-INTENSITY RECREATIONAL FACILITY
See "recreational facility, low-intensity."
MAINTENANCE GUARANTY
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]
MAJOR SUBDIVISION
All subdivisions not classified as minor subdivisions.
MANUFACTURED HOME
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]
MARGINAL ACCESS STREETS
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.
MARQUEE SIGN
See "awning, canopy or marquee sign."
MASSAGE BUSINESS
Any establishment or business wherein massage is practiced, including establishments commonly known as "health clubs," "physical culture studios," "massage studios" or "massage parlors."
MEDIAN INCOME
The median household income as determined from time to time by the United States Department of Housing and Urban Development to be the median.
MEDICAL COMPLEXES
See "medical facility."
[Added 5-4-2009 by Ord. No. 1647-2009]
MEDICAL FACILITY
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]
MINOR SUBDIVISION
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.
MOBILE HOME
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.
MODERATE BURNING
A rate of combustion described by a material which supports combustion and is consumed slowly as it burns; for example, wood, timber and logs.
MODERATE-INCOME HOUSEHOLD
A household with an annual income which is 50% to 80% of the median income for the county or standard metropolitan statistical area.
MOTEL
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]
MULCH
Any covering placed on soil to conserve moisture, eliminate weed growth and protect plants from extremes of heat and cold.
MURAL
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]
MUSEUM
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]
NAMEPLATE SIGN
A sign giving the name or address, or both, of the owner or occupant of a building or premises on which it is located.
NATIVE VEGETATION
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]
NATURAL REGENERATION
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]
NATURAL STREAM
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.
NAVIGABLE WATERS
Water capable of being traversed by pleasure craft.
NET DENSITY
The number of dwelling units per acre of developable land.
[Amended 11-15-2001 by Ord. No. 1417-2001]
NONCONFORMING LOT
A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING SIGN
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.
NONCONFORMING STRUCTURE
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.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NURSERY AND GARDEN PRODUCTS
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.
NURSING HOME
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.
OCCUPANCY
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.
OCCUPANCY PERMIT
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.
OFFICE, BUSINESS (GENERAL)
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]
OFFICE, PROFESSIONAL
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]
OFF SITE
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.
OFF-SITE COMMERCIAL ADVERTISING SIGN
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.
OFF TRACT
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.
ON SITE
Located on the lot in question.
ON TRACT
Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN SPACE
The sum of common open space and wetlands.
PARCEL
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]
PARKING AREA
Any land area designed and used for the parking of not more than three vehicles.
PARKING LOT
Any land area used or intended to be used for the parking of more than three vehicles.
PARKING SPACE
A space for the parking of a motor-driven vehicle within a public or private parking area.
PARKS AND PLAYGROUNDS
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.
PATIO HOUSE
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.
PERFORMANCE GUARANTY
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]
PERIMETER-LANDSCAPED OPEN SPACE
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.
PERMEABILITY
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]
PERSONAL SERVICES
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.
PERSONAL TRAINING CENTER
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]
PINELANDS AREA
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).
PINELANDS DESIGNATED
The term used for any real property designated by the Pinelands Commission as an historic or prehistoric resource of importance.
PINELANDS DEVELOPMENT CREDIT
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.
PINELANDS DEVELOPMENT REVIEW BOARD
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.
PINELANDS NATIVE FOREST TYPE
See N.J.A.C. 7:50-6.43.
[Added 6-18-2012 by Ord. No. 1722-2012]
PINELANDS RESOURCE-RELATED USE
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.
PLANNED ADULT COMMUNITY
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]
A. 
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.
B. 
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.
PLANNED COMMERCIAL DEVELOPMENT
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 DEVELOPMENT
Planned adult community, residential cluster, planned commercial development or planned industrial development.
[Amended 11-5-2001 by Ord. No. 1417-2001]
PLANNED INDUSTRIAL DEVELOPMENT
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.
PLANNED RECREATION AND ENTERTAINMENT COMPLEX
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]
PLANNED UNIT DEVELOPMENT
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]
PLANTS, THREATENED OR ENDANGERED
A Pinelands plant species whose survival worldwide, nationwide or in the state is in jeopardy.
PLAT
A map or maps of a subdivision or site plan.
POLE SIGN
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.
POLITICAL SIGN
A temporary sign announcing or supporting political candidates or issues in connection with any national, state or local election.
PORCH
A roofed, open structure projecting from the front, side or rear wall of a building.
PORTABLE SIGN
A sign that is not permanently affixed to a building, a structure or the ground.
PRELIMINARY APPROVAL
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.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form its scope, scale and relationship to its site and immediate environs.
PREMISES
A lot, plot or parcel of land, together with the buildings and structures thereon.
PRESERVATION AREA
That area so designated by Section 10(b) of the Pinelands Protection Act.[10]
PRIVATE CLUB OR LODGE
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.
PRIVATE SALE OR EVENT SIGN
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.
PROJECTION SIGN
A sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building.
PROTECTION AREA
All land within the Pinelands Area which is not included in the preservation area.
A. 
Public parks, playgrounds, trails, paths and other recreational areas.
B. 
Other public open spaces.
C. 
Scenic and historic sites.
D. 
Sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT
Development by any federal, state, township or other governmental agency.
PUBLIC DRAINAGEWAY
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.
PUBLIC OPEN SPACE
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.
PUBLIC SERVICE INFRASTRUCTURE
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.
PUBLIC SITE OR RIGHT-OF-WAY
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.
QUORUM
The majority of the full authorized membership of a municipal agency.
RACETRACK
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]
REAL ESTATE SIGN
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.
RECOMMENDED MANAGEMENT PRACTICE
The management program which employs the most efficient use of available technology, natural, human and economic resources.
RECORD TREE
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]
RECREATIONAL AREA
A private or public space, including essential buildings and structures, used for play and recreational space for individuals.
RECREATIONAL AREAS, ACTIVE
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]
RECREATIONAL FACILITY, INTENSIVE
Any recreational facility which is not a low-intensive recreational facility, including but not limited to golf courses, marinas and amusement parks.
RECREATIONAL FACILITY, LOW-INTENSITY
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]
A. 
The parcel proposed for low-intensity recreational use has an area of at least 50 acres.
B. 
The recreational use does not involve the use of motorized vehicles except for necessary transportation.
C. 
Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage.
D. 
Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel.
E. 
No more than 1% of the parcel will be covered with impermeable surfaces.
RECREATION AREA, PASSIVE
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]
REGIONAL DESIGN SHOPPING CENTER
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.
RENTAL
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.
REPAIR
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]
RESEARCH AND DESIGN LABORATORY
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]
RESOURCE CONSERVATION PLAN
A plan prepared for review by the Soil Conservation District which details the proposed use of agricultural recommended management practices.
RESOURCE EXTRACTION
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.
RESOURCE EXTRACTION, AGRICULTURAL
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]
RESOURCE MANAGEMENT SYSTEM PLAN
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]
RESTAURANT
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.
RESTAURANT, CARRY-OUT
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.
RESTAURANT, DRIVE-IN
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.
RESTAURANT, FAST-FOOD
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]
A. 
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
B. 
The establishment includes a drive-through service facility.
RESTAURANT, OUTDOOR
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]
A. 
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
B. 
The alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
RETAIL STORES AND SHOPS
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]
RIGHT-OF-WAY LINE
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.
RIPARIAN LANDS
Those tidal lands of the State of New Jersey which are now or were formerly flowed by mean high water.
RIPARIAN LICENSE
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.
RIPARIAN PERMIT
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.
ROOF SIGN
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.
ROOT RAKING
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]
RUNOFF, SURFACE WATER
Any overland flow of water across the ground surface.
SALES TRAILER
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]
SCENIC CORRIDOR
Those roads and waterways as designated by the Pinelands Commission.
SCHOOL, PRIVATE
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.
SCREEN
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]
SEASONAL HIGH-WATER TABLE
The level below the natural ground surface to which water seasonally rises in the soil in most years.
SEDIMENTATION
The level below the natural ground surface to which water seasonally rises in the soil in most areas.
SEED TREE CUT
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]
SEWER AVAILABILITY
Wastewater treatment facilities which meet the requirements of § 203-186 of this chapter, entitled "Water quality."
SHELTERWOOD CUT
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]
SHRUBS
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.
SINGLE-FAMILY ATTACHED
See "dwelling, duplex."
SIGN
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.
SIGN, ADVERTISING
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]
SIGN, ANIMATED OR MOVING
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]
SIGN, AUXILIARY
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.
SIGN, AWNING CANOPY or MARQUEE
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]
SIGN, BULLETIN BOARD
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]
SIGN, BUSINESS
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]
SIGN, CONSTRUCTION
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]
SIGN DEVELOPMENT
A sign which, by symbol or name, identifies a development. It may also provide an index of uses (tenants) included in the development.
SIGN, DIRECTIONAL
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]
SIGN, FACE
That area or display surface used for the message.
[Amended 7-7-1997 by Ord. No. 1261-97]
SIGN, FLASHING
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]
SIGN, FREESTANDING
Any nonmovable sign not affixed to a building.
[Added 7-7-1997 by Ord. No. 1261-97]
SIGN, GOVERNMENTAL
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]
SIGN, GRAPHIC
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.
SIGN, GROUND
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]
SIGN, HOLIDAY DECORATION
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]
SIGN, HOME OCCUPATION
A sign containing only the name and occupation of a permitted home occupation.
[Added 7-7-1997 by Ord. No. 1261-97]
SIGN IDENTIFICATION
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]
SIGN, ILLUMINATED
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]
SIGN LIGHTING
Methods of illumination which may be divided into several types:
A. 
The 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.
B. 
The sign is made of translucent material with internal lights.
C. 
The letters are raised beyond the sign's background and the cover-lighting sources which illuminate the background.
D. 
The sign is lighted by spotlights specifically directed at it.
SIGN, MEMORIAL
A sign, tablet or plaque memorializing a person, event, structure or site.
[Added 7-7-1997 by Ord. No. 1261-97]
SIGN, NAMEPLATE
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]
SIGN, ON-SITE INFORMATIONAL
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]
SIGN, POLE
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]
SIGN, POLITICAL
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]
SIGN, PORTABLE
A sign that is not permanent, affixed to a building, structure or the ground.
[Added 7-7-1997 by Ord. No. 1261-97]
SIGN, PRIVATE SALE OR EVENT
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]
SIGN, PROJECTING
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]
SIGN, REAL ESTATE
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]
SIGN, ROOF
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]
SIGN, TEMPORARY
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]
SIGN, WALL
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]
SIGN, WARNING
Signs limited to messages of warning, danger or caution.
[Added 7-7-1997 by Ord. No. 1261-97]
SIGN, WINDOW
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]
SITE PLAN
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.
SITE PLAN, MAJOR
All site plans not classified as minor site plans.
[Added 8-21-2006 by Ord. No. 1573-2006]
SITE PLAN, MINOR
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]
SPECIAL FLOOD HAZARD AREA
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]
SPECIES, ENDANGERED
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]
SPECIES, THREATENED
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]
SPORTS COMPLEXES
See "recreational areas, active."
[Added 5-4-2009 by Ord. No. 1647-2009]
STADIUM
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]
STORY
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.
STORY, HALF
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.
STREET
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.
STREET, ARTERIAL
A street carrying traffic from collector streets.
STREET, COLLECTOR
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.
STREET LINE
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.
STREET, LOCAL
A street which is used primarily for access to the abutting properties.
STREET, MARGINAL ACCESS
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.
STREET, MINOR
See "street, local."
STREET TREE
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]
STRUCTURAL ALTERATION
Any change in the supporting members of a building or any substantial change in the roof or in the exterior walls.
STRUCTURE
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.
STRUCTURE HEIGHT
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]
STUDIO
A building or portion of a building used as a place of work by an artist, photographer or artisan.
SUBDIVISION
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."
SUBMERGED LAND
Those lands which are inundated with water throughout the year.
SWIMMING POOL
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.
TANK FARM
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]
TEMPORARY SIGN
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.
TEMPORARY USE
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.
TERRACE
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.
THEATER
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.
THINNING
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]
TRANSFER OF DEVELOPMENT RIGHTS (TDR)
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]
TRAVEL TRAILER
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.
TREE
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]
USE
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.
USE, PRINCIPAL
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.
USED CAR LOT
An area used for the storage and display of used automobiles advertised for sale, including motorcycles, trucks or any other motorized vehicle.
UTILITY DISTRIBUTION LINES
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]
VARIANCE
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.
VEGETATION
Any plant material, including grasses, shrubs and trees.
WALK-UP ESTABLISHMENT
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.
WALL SIGN
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.
WARNING SIGN
A sign limited to messages of warning, danger or caution.
WATERCOURSE
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.
WATER SUPPLY SYSTEM
Any installation or structure designed to provide a portable water supply.
WEAKLINK TOWNHOUSE
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.
WETLANDS
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.
WETLANDS MANAGEMENT
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]
WETLANDS PERMIT
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.
WETLANDS SOILS
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.
WHOLESALE ESTABLISHMENT
A business engaged in the sale of commodities in quantity, usually for resale or business use, chiefly to retailers, other businesses, industries and institutions.
WINDOW SIGN
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.
WIND, SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR 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]
YARD
An open unoccupied space on the same lot with a main building, open and unobstructed from the ground upward.
YARD, FRONT
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.
YARD, FRONT DEPTH
The minimum distance between the front line to the front yard line.
YARD LINE, FRONT
A line drawn parallel to a front lot line at a distance therefrom equal to the depth of the required rear yard.
YARD LINE, SIDE
A line drawn parallel to a side lot line at a distance therefrom equal to the depth of the required side yard.
YARD LINE, REAR
A line drawn parallel to a rear lot line at a distance therefrom equal to the depth of the required rear yard.
YARD, REAR
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.
YARD, REAR DEPTH
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.
YARD, SIDE
A yard extending from the front yard to the rear yard between the main building and the adjacent side line of the lot.
YARD, SIDE WIDTH
The minimum distance between the side lot line or its vertical projection and the side walls of the building.
YIELD PLAN
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]
ZONING DISTRICT MAP or ZONING MAP
The Zoning District Map[14] shall consist of the following four maps:
A. 
Zoning Boundaries Map.
B. 
Pinelands Management Areas Map.
C. 
Mays Landing Zoning Boundary Map.
D. 
Historic Areas Map.
ZONING PERMIT
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.
[5]
Editor's Note: See also Ch. 25, Environmental Protection Commission.
[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.