Township of Lumberton, NJ Article II Definitions

§ 130-3 Word usage and definitions.

A. Any word or term not defined herein or in the Municipal Land Use Law shall be used with a meaning of standard usage for the context in which the word is used.

B. As used in this chapter, the following terms shall have the meanings indicated:

ACCESSORY BUILDING, STRUCTURE OR USE

A subordinate building, structure or use incidental to the principal use or building located on the same lot.

ADMINISTRATIVE OFFICER

For the purposes of the receipt of applications for development and all other requests for action called for by the Land Development Board, the Administrative Officer shall be the Township Clerk; and in issues relating to completeness of applications under N.J.S.A. 40:55D-10.3, the Township Clerk shall make the determination of completeness in conjunction with the Technical Advisory Committee ("TAC") authorized under § 130-11 of this Code.

[Amended 8-18-1997 by Ord. No. 1997-17; 1-20-2004 by Ord. No. 2004-1]

ADVERSE EFFECT

Designs, situations or existing features creating or leading to unsafe, unsatisfactory or noncomplying conditions, such as a layout inconsistent with the zoning regulations;[1] insufficient street width; unsuitable street grade; unsuitable street location; inconvenient street system; inadequate utilities such as water, drainage, shade trees and sewerage; unsuitable size, shape and location of any area reserved for public use or land for open space in a planned development; infringement upon land subject to flooding; and the creation of conditions leading to soil erosion by wind or water from excavation or grading; all as set forth in N.J.S.A. 40:55D-38, or any amendments or supplements thereto, and measured against the design and performance standards of this chapter.

AGE-RESTRICTED DEVELOPMENT

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100, Subpart E, Housing for Older Persons, of the federal Fair Housing Amendments Act of 1988, as it may be amended or superseded.

[Added 4-17-2006 by Ord. No. 2006-8]

AGRICULTURAL USE/PURPOSE

Land devoted to agriculture. For purposes of this chapter, "agricultural use" does not include a dwelling. See definition of "farm."

AGRICULTURE

Land devoted to the production of plants and animals useful to man, including but not limited to forages and sod crops; grains and feed crops; dairy animals and dairy products; poultry and poultry products; livestock, including 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; vegetables; nursery, floral, ornamental and greenhouse products; and other similar uses and activities.

ALTERNATIVE TOWER STRUCTURE

Mounting structures that camouflage or conceal the presence of antennas or towers.

[Added 6-21-1999 by Ord. No. 1999-11]

ALTERNATIVE TREATMENT CENTER

An organization issued a permit pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c.307 (N.J.S.A. 24:6I-1 et seq.) to operate as a medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary, or clinical registrant, as well as any alternative treatment center deemed pursuant to Section 7 of that Act (N.J.S.A. 24:6I-7) to concurrently hold a medical cannabis cultivator permit, a medical cannabis manufacturer permit, and a medical cannabis dispensary permit, as set forth by N.J.S.A. 24:6I-33.

[Added 6-17-2021 by Ord. No. 2021-09]

ANCHOR STORE

A department store, warehouse club or a home improvement store and the like containing at least 100,000 square feet of gross leasable area.

[Added 2-1-1999 by Ord. No. 1999-4]

ANTENNA

Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, satellite dishes and omni-directional antennas.

[Added 6-21-1999 by Ord. No. 1999-11]

APPROVING AUTHORITY

The Land Development Board of the Township of Lumberton unless a different agency is designated by ordinance when acting pursuant to the authority of N.J.S.A. 40:55D-1 et seq.

[Added 9-5-1995 by Ord. No. 1995-17; amended 1-20-2004 by Ord. No. 2004-1]

AUTOMOBILE SERVICE STATION

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

BACKHAUL NETWORK

The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices and/or long distance providers or the public switched telephone network.

[Added 6-21-1999 by Ord. No. 1999-11]

BILLBOARD

An off-site lettered or pictorial advertising sign.

BODY SHOP

A use providing for the repair, repainting or restoration of the bodies and frames of motor vehicles.

BUILDING COVERAGE

The area of a lot covered by buildings measured around the periphery of the foundation(s).

BUILDING HEIGHT

The vertical distance measured from the finished grade of the front elevation of a building to its highest point.

[Amended 4-5-2004 by Ord. No. 2004-12]

BULK REGULATIONS

Standards and controls that establish the maximum and/or minimum size of buildings and structures on a lot, the buildable areas within which a building or structure may be located and including area, coverage, floor area ratio, height setback, and yard of other requirements that affect the physical placement of building and structures on a parcel of land.

[Added 12-18-2006 by Ord. No. 2006-20]

CANNABIS CULTIVATOR

A person or entity holding a Class 1 cannabis cultivator license pursuant to N.J.S.A. 24:6I-31 et seq., and any regulations duly adopted by the Cannabis Regulatory Commission. Class 1 licensees' primary business is the growth, cultivation, or production cannabis in this state, including the sale and transport of such cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.

[Added 6-17-2021 by Ord. No. 2021-09]

CANNABIS DELIVERY SERVICE

A person or entity holding a Class 6 cannabis delivery license pursuant to N.J.S.A. 24:6I-31 et seq., and any regulations duly adopted by the Cannabis Regulatory Commission. Class 6 licensees' primary business is the provision of courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer.

[Added 6-17-2021 by Ord. No. 2021-09]

CANNABIS DISTRIBUTION FACILITY

A facility or other place of business operated by a cannabis distributor or cannabis delivery service in providing services as a Class 4 or Class 6 licensee pursuant to license under N.J.S.A. 24:6I-31 et seq. and any regulations adopted by the Cannabis Regulatory Commission, where such person or entity lawfully engages in the bulk distribution or consumer delivery of cannabis, usable cannabis or cannabis products.

[Added 6-17-2021 by Ord. No. 2021-09]

CANNABIS DISTRIBUTOR

A person or entity holding a Class 4 cannabis distributor license pursuant to N.J.S.A. 24:6I-31 et seq., and any regulations duly adopted by the Cannabis Regulatory Commission. Class 4 licensees' primary business is the transportation of cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator or transporting cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment. Class 4 cannabis distributors may also engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities.

[Added 6-17-2021 by Ord. No. 2021-09]

CANNABIS MANUFACTURER

A person or entity holding a Class 2 cannabis manufacturer license pursuant to N.J.S.A. 24:6I-31 et seq., and any regulations duly adopted by the Cannabis Regulatory Commission. Class 2 licensees' primary business is processing cannabis items in this state by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.

[Added 6-17-2021 by Ord. No. 2021-09]

CANNABIS RETAILER

A person or entity holding a Class 5 cannabis retailer license pursuant to N.J.S.A. 24:6I-31 et seq., and any regulations duly adopted by the Cannabis Regulatory Commission. Class 5 licensees' primary business is purchasing or otherwise obtaining usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, and reselling these to consumers either through a retail store or use of a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers.

[Added 6-17-2021 by Ord. No. 2021-09]

CANNABIS TESTING FACILITY

An independent, third-party entity meeting accreditation requirements established by the Cannabis Regulatory Commission that is licensed to analyze and certify cannabis items and medical cannabis for compliance with applicable health, safety, and potency standards.

[Added 6-17-2021 by Ord. No. 2021-09]

CANNABIS WHOLESALER

A person or entity holding a Class 3 cannabis wholesaler license pursuant to N.J.S.A. 24:6I-31 et seq., and any regulations duly adopted by the Cannabis Regulatory Commission. Class 3 licensees' primary business entails the purchase or otherwise obtaining, storing, selling and otherwise transferring, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers.

[Added 6-17-2021 by Ord. No. 2021-09]

CATEGORY-SPECIFIC STORE

A retail store that has a narrow merchandising focus with a large selection of products in specific merchandising lines, such as consumer electronics, off-price apparel, sporting goods, books, computer hardware and software, bulk foods, records and tapes or building materials and home improvement products.

[Added 2-1-1999 by Ord. No. 1999-4]

CHILD-CARE CENTER

An establishment providing for the care, supervision, and protection of children licensed by the Department of Community Affairs as a provider of services. By definition, a child-care center shall not be considered an educational facility, or an educational use or uses under the Zoning Code.

[Added 8-21-2006 by Ord. No. 2006-12]

CLUSTER DEVELOPMENT

Form of development that permits a reduction in lot area and bulk requirements, provided there is no increase in the number of lots permitted under a conventional subdivision plan or increase in the overall density of development and the remaining land area is devoted to open space, active recreation, preservation of environmentally sensitive areas, or agriculture. The technique is available for use only in those zoning districts in which it is approved for use and then only after a conventional subdivision plan has been submitted and approved by the Land Development Board to establish the maximum number of units that can be built on the site.

[Amended 7-6-2004 by Ord. No. 2004-24]

COLLOCATION

Use of a common wireless telecommunications tower or a common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or placement of a wireless telecommunications tower on a structure owned or operated by a utility or other public entity.

[Added 6-21-1999 by Ord. No. 1999-11]

COMMERCIAL WIRELESS TELECOMMUNICATIONS SERVICES

Licensed commercial wireless telecommunication services, including cellular, personal communications services, specialized mobilized radio, enhanced specialized mobilized radio, paging and similar services that are marketed to the general public.

[Added 6-21-1999 by Ord. No. 1999-11]

COMMON PROPERTY

Land or water, or a combination, together with improvements within or related to a development, designed and intended for the use or enjoyment of all residents of the development. Common property includes common open space and may contain such complementary structures and improvements as are necessary and appropriate for its use or enjoyment.

COMMUNITY/POWER RETAIL CENTER ESTABLISHMENT

A large retail center that contains at least 250,000 square feet of gross leasable area (GLA) and includes at least one anchor store containing at least 100,000 square feet of GLA. It typically includes at least four smaller, category-specific tenants each having 20,000 square feet to 25,000 square feet of GLA. The community/power retail center is usually managed as a unified shopping center. However, recognizing the need for flexibility in this retail industry, the community/power retail center may contain no more than two stores, such as an anchor store or movie theater, owned on a fee simple basis. These separate fee simple retail entities, which should contain at least 100,000 square feet of GLA, may be provided as a separate pad site or integrated with the primary community/power retail center establishment.

[Added 2-1-1999 by Ord. No. 1999-4]

DAY-CARE CENTER/DAY NURSERY

See "child-care center."

[Added 8-21-2006 by Ord. No. 2006-12]

DAY-CARE CENTER/ADULT

A facility providing care for the elderly and/or functionally impaired adults in a protective setting for part of a twenty-four-hour day.

[Added 8-21-2006 by Ord. No. 2006-12]

DEVELOPMENT POTENTIAL

The maximum number of dwelling units or square feet of nonresidential floor area that could be constructed on a specific lot or in a specified zone under the Master Plan and land use regulations in effect on the date of the adoption of this chapter and in accordance with recognized environmental constraints.

[Added 9-5-1995 by Ord. No. 1995-17]

DEVELOPMENT TRANSFER

The conveyance of development potential or the permission for development from one or more lots to one or more other lots by deed, easement or other means as authorized by this chapter.

[Added 9-5-1995 by Ord. No. 1995-17]

DWELLING, DUPLEX

See "dwelling, semidetached single-family."

[Added 4-17-2006 by Ord. No. 2006-8]

DWELLING, MULTIFAMILY (APARTMENT)

One or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling unit in a building comprising three or more such units.

[Added 4-17-2006 by Ord. No. 2006-8]

DWELLING, SEMIDETACHED SINGLE-FAMILY

A building containing two dwelling units side by side on adjoining lots and having a common or party wall and having separate individual sewerage and water facilities and connections.

[Added 4-17-2006 by Ord. No. 2006-8]

DWELLING, SINGLE-FAMILY

A detached building containing one dwelling unit.

DWELLING, SINGLE-FAMILY DETACHED

A building physically separated from other buildings or portions of buildings which is occupied or intended to be occupied for residential purposes by one family.

[Added 4-17-2006 by Ord. No. 2006-8]

DWELLING, TOWNHOUSE

A building containing three or more attached dwelling units erected in a row on adjoining lots, each unit being separate from the adjoining unit, but attached by a common or party wall, and each unit having separate individual outside access and individual public water and sewerage facilities and connections.

[Added 4-17-2006 by Ord. No. 2006-8]

DWELLING UNIT

A room or series of connected rooms containing living, cooking, sleeping and sanitary facilities for one family.

EDUCATIONAL INSTITUTION

A college or university authorized by the State Department of Education to award degrees.

[Added 8-21-2006 by Ord. No. 2006-12]

ELEEMOSYNARY OR PHILANTHROPIC INSTITUTION

A private or public organization that is organized and operated for the purpose of providing a service or carrying on a trade or business without profit and for charitable purposes. The term shall not mean a child-care center or day-care center/day nursery.

[Added 8-21-2006 by Ord. No. 2006-12]

ENVIRONMENTALLY SENSITIVE AREAS

Areas which include, but are not limited to, stream corridors and floodplains, streams, bodies of water, freshwater wetlands (as defined by the New Jersey Department of Environmental Protection), slopes greater than 15%, shallow depth to seasonally high water table (two feet or less), highly acidic or erodible soils (as defined by the Soil Conservation Service), mature stands of trees, aquifer recharge areas, aquifer discharge areas, unique natural features and wildlife habitats or such areas as may be designated by federal or state agencies of jurisdiction.

[Added 9-5-1995 by Ord. No. 1995-17]

FAA

Federal Aviation Administration.

[Added 6-21-1999 by Ord. No. 1999-11]

FAMILY

One or more persons occupying a dwelling unit as a single, nonprofit housekeeping unit, who are living together as a stable and permanent living unit, being a traditional family unit or the functional equivalent thereof.

[Amended 11-21-1994 by Ord. No. 1994-20]

FAMILY DAY-CARE HOME

A family day-care home means the private residence of a family day-care provider which is registered as a family day-care home pursuant to the Family Day Care Provider Registration Act (N.J.S.A. 30:5B-16 et seq.). Pursuant to N.J.S.A. 40:55-66.5b, family day-care homes shall be a permitted use in all residential districts of the community.

[Added 8-21-2006 by Ord. No. 2006-12]

FARM

[Amended 11-21-1994 by Ord. No. 1994-20]

(1) PRINCIPAL FARM USES A lot of at least six acres, with the first acre devoted to the dwelling (if applicable) and at least five additional acres devoted to agricultural use, including the growing and harvesting of crops and the raising and breeding of farm animals, except that commercial piggeries are prohibited. Truck farms, fruit farms, nurseries, greenhouses, dairies and livestock produce are permitted.

(2) ACCESSORY FARM USES Buildings incidental to farms such as greenhouses, buildings for the housing of seasonal workers for the farm's own use, barns and packing, grading and storage buildings limited to produce raised on the premises. Processing operations, buildings for the keeping of poultry, garages for the storage of farm equipment and farm stands are "accessory farm uses."

FCC

Federal Communications Commission.

[Added 6-21-1999 by Ord. No. 1999-11]

FLAG LOT

A lot with sufficient width for an access drive with the enlarged buildable portion of the lot located at the end of the access drive.

FRONT ELEVATION

The face of a building that contains the front or main entrance.

[Added 4-5-2004 by Ord. No. 2004-12]

GARAGE

In residential districts, the term refers to a structure that is accessory to a single- or two-family dwelling, is used for the parking and storage of items owned by the residents thereof, and is not a separate commercial enterprise available to the general public. A garage is to contain more than 200 square feet; structures containing less than 200 square feet shall be considered and regulated as a storage shed regardless of the items placed within it.

[Added 7-6-2004 by Ord. No. 2004-24]

GOLF COURSE

An area of 75 or more acres containing a full-sized golf course of at least nine holes, together with usual accessory uses such as but not limited to a clubhouse, dining room, refreshment stand, swimming pool and tennis courts, provided that the accessory uses are incidental to the operation of the golf course.

GROSS FLOOR AREA

The total area measured around the outside of the building at each story. If sharing a common wall, the area shall be measured from the center of interior walls and the outside of exterior walls. In residential uses, the gross floor area shall exclude the areas of the garage, attic, open porch or patio, cellar, unfinished basement, utility areas, heating and cooling rooms. In nonresidential structures, the gross floor area shall exclude areas used for utility, heating, cooling and other mechanical equipment but shall include all other areas, including cellars, warehousing and storage areas.

HEIGHT

When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad of any antenna.

[Added 6-21-1999 by Ord. No. 1999-11]

HOME OCCUPATION

An occupation being conducted wholly or in part from a residence or the residential lot as an accessory use.

HOMEOWNERS' ASSOCIATION

A nonprofit corporation operating under a recorded land agreement through which:

(1) Each lot or dwelling unit owner shall be a member.

(2) The owner of each lot or dwelling unit is subject to a charge for a proportionate share of the organization's expenses for activities and maintenance, including maintenance costs levied against the association by the Township.

(3) Each owner and tenant has a right to use the common property.

INDUSTRIAL OR OFFICE PARK

A tract comprehensively planned for industrial or office use, whether the buildings are erected in one development stage or over a period of time, but where the streets, utilities and lots and/or tenants' parcels are set forth on a plan for the entire tract prior to construction of any portion of the tract. As development takes place, changes may be made in the plans for the undeveloped section(s), provided that the modifications conform to logical extensions of installed segments of streets, drainage, utilities and other facilities. Parks with no subdivided lots shall have buildings spaced so the mortgage and/or lease lines conform to the requirements for lot lines to establish conformance with this chapter for such matters as building setbacks, buffers, driveway locations and distances between buildings.

LOADING SPACE

An off-street berth on the same lot as the building being served for the temporary parking of a vehicle while loading or unloading.

LOT AREA

The area contained within the lot lines but not including any portion of a street. The minimum lot area of a lot fronting on a street proposed to be widened in the adopted Master Plan shall be the minimum area required, plus the additional area needed to anticipate the widening of the street.

[Amended 8-3-1992 by Ord. No. 1992-6]

LOT, CORNER

A lot at the junction of two or more intersecting public streets where the interior angle of intersection does not exceed 135°. All yards on a corner lot which do not meet the definition of a front yard shall be considered to be side yards. A private street or access drive shall not be considered a public street until it has been dedicated to and accepted by the Township.

[Amended 8-3-1992 by Ord. No. 1992-6; 7-21-2009 by Ord. No. 2009-6-008]

LOT COVERAGE

The area of a lot covered by buildings and other impervious surfaces.[2]

LOT FRONTAGE

The distance between the side lot lines measured along the street line. The minimum "lot frontage" shall be the same as the lot width except that on curved streets with an outside radius of less than 500 feet, the lot frontage may be reduced to not less than 50% of the required minimum lot width. On corner lots, the lot frontage requirements shall be met for each street frontage and the measurement shall be made from side lot line to front lot line or from front lot line to front lot line, as the case may be.

[Amended 8-3-1992 by Ord. No. 1992-6]

LOT LINE

Any line, including the street line, forming a portion of the boundary of a lot.

LOT WIDTH

The distance between side lot lines measured parallel to the street line at the minimum required building setback from the street right-of-way. On flag lots, the "lot width" shall be measured at the building location.[3][4]

OFFICE

A place for the transaction of business where reports are prepared and records kept but where no retail sales or goods are offered and where no manufacturing, assembling or fabricating takes place.

MONOPOLE

A single, freestanding pole-type structure, tapering from base to top, and supporting one or more antenna for wireless transmission.

[Added 6-21-1999 by Ord. No. 1999-11]

PARKING BAY

A regularly repeated distance defined by a given number of parking spaces. A parking bay may include one or two rows of parking spaces with the associated landscape islands.

[Added 2-1-1999 by Ord. No. 1999-4]

PEDESTRIAN/BICYCLE PATH, SEPARATE

A path constructed of permanent materials, as set forth in this chapter, which does not share or occupy the same cartway or driving surface used by motor vehicles and is used solely for pedestrian and bicycle traffic.

[Added 9-5-1995 by Ord. No. 1995-17]

PERMITTED USE

Any use of land or buildings permitted by this chapter.

PERSONAL SALES AND SERVICES

Establishments primarily engaged in providing limited sales and services involving the care of a person or his or her personal goods and apparel, including, but not limited to, laundry, dry cleaning, barbershops, beauty salon, tanning salon, candy and flower shops, home movie rental and take-out food establishments.

[Added 4-17-2006 by Ord. No. 2006-8]

PETROLEUM DISTRIBUTION TERMINAL

A place of business, the primary purpose of which is the sale of petroleum products delivered to the customer by truck. Storage facilities shall be permitted on the site but only to the extent needed to support the distribution facility. A "petroleum distribution terminal" shall not include long-term bulk storage facilities of the type commonly known as a "tank farm."

[Added 4-18-1988 by Ord. No. 1988-7]

PLAT, FINAL

The plat of all or a section of a development submitted for final approval.

PLAT, PRELIMINARY

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

[Amended 8-3-1992 by Ord. No. 1992-6]

PREEXISTING TOWERS AND ANTENNAS

Any tower or antenna for which a building permit has been properly issued prior to the effective date of this chapter, including permitted towers or antennas that have not yet been constructed, so long as such approval is current, and not expired.

[Added 6-21-1999 by Ord. No. 1999-11]

PRINCIPAL USE

The main purpose for which any lot and/or building is used.

PRIVATE SCHOOL

An institution of education whose general course work is comparable to the public school system and whose curriculum is approved by the New Jersey Department of Education or the New Jersey Department of Higher Education.

PUBLIC PURPOSE

The use of land and/or building(s) by a municipal, county, state or federal agency or authority.

RECEIVING AREA or RECEIVING ZONE

An area designated in the Master Plan and this chapter within which development is to be increased and which is consistent with the provisions of N.J.S.A. 40:55D-118.

[Added 9-5-1995 by Ord. No. 1995-17; amended 3-21-1996 by Ord. No. 1996-3]

RECREATION, ACTIVE

Leisure time activities, usually of a more formal nature and, in general, performed with other participants, often requiring equipment and taking place at prescribed places, sites or fields.

[Added 9-5-1995 by Ord. No. 1995-17]

RECREATION, PASSIVE

Any leisure time activity not considered active.

[Added 9-5-1995 by Ord. No. 1995-17]

RIGHT-OF-WAY

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

SCHOOL

Any building or parts thereof that is designed, constructed, or used for education or institution in any branch of knowledge which is licensed by the State Department of Education.

[Added 8-21-2006 by Ord. No. 2006-12]

SCHOOL, ELEMENTARY

Any school that meets state requirements for elementary education.

[Added 8-21-2006 by Ord. No. 2006-12]

SCHOOL, PAROCHIAL

A school supported, controlled, and operated by a religious organization. See "school, private."

[Added 8-21-2006 by Ord. No. 2006-12]

SCHOOL, PRIVATE

Any building or group of buildings, the use of which meets State Department of Education requirements for elementary, secondary, or higher education and which does not secure the major part of its funding from any governmental agency.

[Added 8-21-2006 by Ord. No. 2006-12]

SCHOOL, SECONDARY

Any school that is licensed by the State Department of Education and authorized to award diplomas for secondary education.

[Added 8-21-2006 by Ord. No. 2006-12]

SCHOOL, VOCATIONAL

See "vocational school."

[Added 8-21-2006 by Ord. No. 2006-12]

SENDING AREA or SENDING ZONE

An area designated in the Master Plan and this chapter within which development is to be prohibited or restricted and which is otherwise consistent with the provisions of N.J.S.A. 40:55D-118.

[Added 9-5-1995 by Ord. No. 1995-17; amended 3-21-1996 by Ord. No. 1996-3]

SETBACK LINE

A line parallel to a street line or lot line beyond which a building is not permitted to project under the terms of this chapter. The minimum yard requirements shall be the minimum required setbacks. All setbacks from public streets shall be measured from the proposed right-of-way width as shown on the adopted Master Plan.

[Amended 8-3-1992 by Ord. No. 1992-6]

SHOPPING CENTER

A group of commercial establishments, the majority of which are retail stores, built on a site which is planned, developed, owned and managed as an operating unit and which provides on-site parking in definite relationship to the types and total size of the commercial establishments.

SIGHT TRIANGLE

An area where unobstructed visibility is maintained outside the right-of-way, as regulated in this chapter.

SIGN

Any announcement, display or illustration used to advertise or promote the interest of any person or product when the same is placed in a position to be seen by the general public from any street or public way.

SILTATION BASIN

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

SITE PLAN, EXEMPT 

The following shall be exempt from site plan review:

[Amended 8-3-1992 by Ord. No. 1992-6; 1-20-1998 by Ord. No. 1998-4]

(1) Single-family dwellings and their accessory buildings, structures and uses, except for home occupations, which shall require site plan review.

(2) Two-family dwellings and their accessory buildings, structures and uses.

(3) Fences, on single-family and two-family lots.

(4) Building alterations which do not involve exterior changes, which do not involve increased floor area, where there is no change in use and where there is no increase in impervious surfaces.

(5) Changes in tenancy which do not involve exterior building alterations, where there is no change in the actual use of the building (i.e., a clothing store becomes a clothing store, or a restaurant becomes a different restaurant) and where there is no increase in impervious surfaces. A change in use from a permitted use to another permitted use, where the proposed actual use is different from the existing actual use (i.e., changing a restaurant to a clothing store) would require site plan review, even though both uses might be permitted in that particular zone. However, said review shall be limited to the consideration of those items delineated and described at § 130-16B and C of this chapter.

[Amended 12-21-1998 by Ord. No. 1998-35]

SITE PLAN, MINOR

A site plan for a development or building alterations requiring fewer than 10 parking spaces, containing less than 2,500 square feet of new floor area and adding no more than 10% to lot coverage.

SITE PLAN, MAJOR

All site plans not defined as minor or exempt.

STREAMERS

Linear displays of fringed material no more than 12 inches in height and of any length, made of weather-resistant material and strung essentially parallel to the ground. Streamers shall be considered signs for the purposes of this chapter, but they shall not be counted as freestanding signs, and the area of the streamers shall not be counted toward the sign area limitations of this chapter.

[Added 5-9-1988 by Ord. No. 1988-9]

STREET LINE

The edge of the existing or future street right-of-way, whichever would result in the widest right-of-way, as shown on the adopted Master Plan or Official Map or as required by this chapter, forming the dividing line between the street and property line. For the purposes of relating the street line to the setback requirements of this chapter, this definition shall control.

STRUCTURE

[Added 12-18-2007 by Ord. No. 2007-20]

(1) Any construction or any production or piece of work or any combination of materials, artificially built up or composed of parts joined together in some definite manner, whether installed on, above or below the surface of any parcel of land.

(2) Examples of structures include, but are not limited to, buildings, decks, fences, standards, signs, flagpoles, towers, swimming pools, tennis courts, landfills, levees, bulkheads, dikes, jetties, embankments, causeways, culverts, roads, railroads, bridges, utility facilities, sound walls, acoustical barriers, whether completed or under construction, alteration or repair.

(3) For the purposes of this definition, a parcel of land includes any body of water that may be located on the parcel. Trees and other vegetation shall not be considered structures.

SUBDIVISION, MAJOR

Any subdivision not classified as minor or exempt.

SUBDIVISION, MINOR

A subdivision of land that does not adversely affect the development of the remainder of the tract or any adjoining property and does not involve the creation of more than three lots fronting on an existing improved street (including the remainder of the original lot); planned development; any new street; or extension of any off-tract improvement, the cost of which is to be prorated pursuant in accordance with the terms of this chapter. Approval of a minor subdivision shall be deemed final approval and as such shall be prepared in accordance with the final plat requirements.

SWIMMING POOL

Facilities constructed or assembled above or below ground having a depth of more than two feet and/or water surface of 100 square feet or more, and designed and maintained for swimming purposes. Swimming pools shall include all buildings, structures, equipment and appurtenances thereto.

TDR BANK

A municipally established development transfer bank created to work in conjunction with the Burlington County Transfer of Development Rights Bank in order to encourage the transfer of development credits within the private market, provide for the acquisition of development credits in hardship circumstances and secure agricultural loans using TDR credits as collateral in conforming with the provisions of N.J.S.A. 40:55D-125.

[Added 9-5-1995 by Ord. No. 1995-17]

TDR DEVELOPMENT

A development located within the receiving zone which utilizes, to achieve a portion of its density, units obtained from credits or rights transferred from parcels of land located in the sending zone.

[Added 9-5-1995 by Ord. No. 1995-17]

TDR EASEMENT

A deed-like document recorded against the title of a parcel of land to create transferable development rights of credits. The document shall restrict the use of the parcel of land against which it is recorded in the fashion required by TDR easement form.[5]

[Added 9-5-1995 by Ord. No. 1995-17]

TOWER

Any ground or roof mounted pole, spire, structure or combination thereof that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including supporting lines, cables, wires, braces and masks. The term includes radio and television transmission towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.

[Added 6-21-1999 by Ord. No. 1999-11]

TOWER, MULTI-USER

A tower to which is attached the antennas of more than one commercial wireless telecommunications service provider or governmental entity.

[Added 6-21-1999 by Ord. No. 1999-11]

TOWER, SINGLE-USER

A tower to which is attached only the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple users as required by this chapter.

[Added 6-21-1999 by Ord. No. 1999-11]

TOWNHOUSE

One dwelling unit in a line of three or more attached dwelling units, with each dwelling unit extending from the ground to the roof and having individual outside entrances. No interior rooms or hallways shall be shared with another dwelling unit.

[Amended 8-3-1992 by Ord. No. 1992-6]

TRANSFER OF DEVELOPMENT RIGHTS

A measure of the development potential of a parcel stated in unit terms. One development right equals the right to build one single-family detached dwelling or an equivalency. The term is synonymous with "TDR," "development right," "TDR credit" or "credit."

[Added 9-5-1995 by Ord. No. 1995-17]

UTILITY

Services such as, but not limited to, sewage treatment, water supply, gas, electric, telephone, and cable TV.

VOCATIONAL SCHOOL

A secondary or higher education facility primarily teaching usable skills that prepares students for jobs in a trade, and meeting the state requirements as a vocational facility licensed by the Department of Education.

[Added 8-21-2006 by Ord. No. 2006-12]

WATER'S EDGE

The edge of running or standing water at the time of year when the depth to seasonal high water is at its shallowest (least) depth.

[Added 9-5-1995 by Ord. No. 1995-17]

YARD

Space unoccupied, except as permitted in this chapter, extending between any building and a lot line or street line. All "yard" dimensions shall be measured parallel to the horizon and at right angles to either a straight street line, lot line or building facade or perpendicular to the point of tangency of curved lines and facades.

[Amended 8-3-1992 by Ord. No. 1992-6]

YARD, FRONT

The area extending across the full width of a lot between the street line and the nearest point of the building to the street line, extending to the side lot lines from such point in lines parallel or concentric to the street line. On lots with multiple lot frontages, such as corner lots, the "front yard" standards shall apply to all lot frontages.

[Amended 8-3-1992 by Ord. No. 1992-6]

YARD, REAR

The area extending across the full width of a lot between the rear lot line and nearest point of the building to the rear lot line, extending to the side lot lines from such point in lines parallel or concentric to the street line.

[Amended 8-3-1992 by Ord. No. 1992-6]

YARD, SIDE

The area extending from the front yard to the rear yard and lying between each side lot line and the nearest point of the building to a side lot line. On corner lots, all yards not meeting the definition of a front yard shall be considered to be "side yards," and the "side yard" shall be measured from each side lot line to the nearest point of the building to a side lot line.

[Amended 8-3-1992 by Ord. No. 1992-6]

ZONING OFFICER

The officer designated by the Township Committee to administer the zoning ordinance[6] and issue zoning permits.

[Amended 8-3-1992 by Ord. No. 1992-6]

[1] Editor's Note: See Art. VI, Zoning.

[2] Editor's Note: The original definition of "lot depth," which immediately followed this definition, was deleted 8-3-1992 by Ord. No. 1992-6.

[3] Editor's Note: The original definition of "mobile home," which immediately followed this definition, was deleted 8-3-1992 by Ord. No. 1992-6.

[4] Editor's Note: The former definitions of "marijuana alternative treatment center,” “marijuana cultivation facility,” “marijuana distribution,” “marijuana products,” and “marijuana testing facility," added 10-23-2018 by Ord. No. 2018-27, were repealed 6-17-2021 by Ord. No. 2021-09. See now "alternative treatment center" and other definitions relating to cannabis.

[5] Editor's Note: The TDR easement form is on file in the office of the Township Clerk.

[6] Editor's Note: See Art. VI, Zoning.