Township of Moorestown, NJ Article I Purpose; Definitions

§ 180-1 Purpose.

A. The purposes of this chapter, which is adopted in the exercise of the police power, are the following: to lessen the congestion in the streets; to prevent the overcrowding of land and buildings; to avoid undue concentration of population; to conserve the value of property; to secure safety from fire, flood, panic and other natural and man-made disasters; to provide adequate light, air and open space; to provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private; to promote a desirable visual environment through creative development techniques and good civic design and arrangements; to promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land; and to guide the appropriate use or development of all lands in a manner which will promote the public health, safety, morals and general welfare.

B. There is a need to provide affordable housing in Moorestown Township pursuant to the Fair Housing Act, N.J.S.A. 52:27D-301 et seq. The enactment of the R3-TH and R-1-Aa Districts will provide funding for the construction of low- and moderate-income housing and will permit achievement of the settlement agreement, dated April 27, 1987, by permitting cluster development as a conditional use with proper transitional zoning and buffering.

[Added 5-11-1987 by Ord. No. 1356][1]

[1] Editor's Note: Former Section 101, which immediately followed this section, relating to short title, was deleted 3-13-1989 by Ord. No. 1463-89.

C. There is a need to provide affordable housing in Moorestown Township, pursuant to the Fair Housing Act, N.J.S.A. 52:27D-301 et seq. The enactment of the Low- and Moderate-Income Residence District will provide sites for the construction of low- and moderate-income housing and will permit the New Jersey Council on Affordable Housing to certify that the Land Development Regulations of the Township of Moorestown satisfy the standards of the Fair Housing Act.

[Added 6-27-1988 by Ord. No. 1359]

D. There is a need to provide open space and natural resource conservation areas in Moorestown Township in order to provide opportunities for recreation, land for the preservation of wildlife habitats and other natural environments, a gathering place for community events, and visual relief from urbanization, as stated in the Master Plan. Conservation design provides a mechanism to provide additional open space in the Township, while still maintaining landowner equity. Conservation design zoning options shall be applied to any parcel equal to or greater than five acres in size in the R-1 and R-1-A Residence Districts, and parcels equal to or greater than three acres in the R-2 Residence District. The purposes of conservation design are as follows:

[Added 9-22-2008 by Ord. No. 21-2008]

(1) To conserve open land, including those areas containing unique and sensitive natural features such as woodlands, steep slopes, streams, floodplains and wetlands, by setting them aside from development;

(2) To provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads, utility lines, and the amount of paving required for residential development;

(3) To reduce erosion and sedimentation by the retention of existing vegetation, and the minimization of development on steep slopes;

(4) To provide for a diversity of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups, and residential preferences, so that the community's population diversity may be maintained;

(5) To implement adopted municipal policies to conserve a variety of irreplaceable and environmentally sensitive resource lands as set forth in the municipality's Master Plan, including provisions for reasonable incentives to create a greenway system for the benefit of present and future residents;

(6) To implement adopted land use, transportation, and community policies, as identified in the municipality's Master Plan;

(7) To create neighborhoods with direct visual access to open land, with amenities in the form of neighborhood open space/conservation areas, and with a strong neighborhood identity;

(8) To provide for the conservation and maintenance of open land within the municipality to achieve the above-mentioned goals and for active or passive recreational use by residents;

(9) To provide multiple options for landowners in order to minimize impacts on environmental resources (sensitive lands such as wetlands, transition areas, vernal pools, floodplain, and steep slopes) and disturbance of natural or cultural features (such as mature woodlands, hedgerows and tree lines, critical wildlife habitats, historic buildings, and fieldstone walls);

(10) To provide standards reflecting the varying circumstances and interests of individual landowners, and the individual characteristics of their properties;

(11) To conserve scenic views and elements of the municipality's rural character, and to minimize perceived density, by minimizing views of new development from existing roads; and

(12) To protect areas of the municipality with productive agricultural soils for continued or future agricultural use.

§ 180-2 Definitions.

[Amended 7-26-1982 by Ord. No. 1125; 9-26-1983 by Ord. No. 1173; 4-9-1984 by Ord. No. 1189; 4-9-1984 by Ord. No. 1210; 5-14-1984 by Ord. No. 1231; 7-8-1985 by Ord. No. 1278]

A. Terms defined. As used in this chapter, the following terms shall have the meanings indicated:

ACCESSORY APARTMENT

A self-contained residential dwelling unit with a kitchen, bathroom, sleeping quarters and a private entrance which is created to be occupied by a low-or moderate-income household.

[Added 5-20-2019 by Ord. No. 7-2019]

ACCESSORY BUILDING

A building on the same lot with but subordinate to the main building and used exclusively for a purpose customarily incidental to that of the main building.

ACCESSORY STRUCTURE

A structure on the same lot with but subordinate to that of the main building and used exclusively for a purpose customarily incidental to that of the main building. Swimming pools and tennis courts are considered "accessory structures." Fences are not considered "accessory structures."

[Added 2-27-1989 by Ord. No. 1462]

ACCESSORY TRUCK TERMINAL

An accessory truck terminal is an incidental use to the primary warehouse/distribution use. Accessory truck terminal facilities are used for the loading and unloading of freight at a facility where goods are transferred or stored or pending transfer, and which may include truck dispatching, parking and minor maintenance and repair. Minor maintenance and repair includes safety checks for lights, tire pressure or fluid levels, excluding tire and fluid change and fueling. An accessory truck terminal does not include overnight accommodations for truck drivers.

[Added 11-17-2008 by Ord. No. 18-2008]

ACCESSORY USE

A use on the same lot with but subordinate and customarily incidental to the main use of the lot or of the main building thereon.

ACTIVE AND IMPROVED COMMON RECREATION AREA

That portion or portions of a parcel of land associated with multiple-dwelling units that have been specifically reserved as recreation areas by deeds restriction approved by the municipal agency. These lands shall be graded, drained, landscaped, paved and otherwise improved with appropriate furniture and equipment to provide active recreation areas for the different age groups anticipated to inhabit the associated dwellings.

ACTIVE RECREATION

Includes activities where individuals can physically participate in active, sports-oriented behavior.

ACTIVE RECREATION FACILITIES

Those facilities designed for use by people engaged in active recreation and shall include but not be limited to playgrounds, ballfields and hard-surfaced court areas.

AGE-QUALIFIED DEVELOPMENT

A residential development including accessory buildings and required or permitted social, cultural and recreational facilities requiring at least one permanent resident 55 years of age or older in each dwelling and prohibiting any resident from being less than 19 years of age, as permitted by law, and conforming to 24 CFR Part 100, Subpart E, Housing for Older Persons, implementing the federal Fair Housing Amendments Act of 1988, as it may be amended or superseded.

[Added 12-17-2001 by Ord. No. 1977-01]

AMATEUR RADIO ANTENNA and ANTENNA

The arrangement of wires or metal rods used in the sending and receiving of electromagnetic waves.

[Added 11-23-1987 by Ord. No. 1388]

AMATEUR RADIO STATION

A radio station operated in the amateur radio service under license by the Federal Communications Commission.

[Added 11-23-1987 by Ord. No. 1388]

ANTENNA SUPPORT STRUCTURE

Any structure, mast, pole, tripod or tower utilized for the purpose of supporting an antenna or antennas for the purpose of transmission or reception of electromagnetic waves (by federally licensed amateur radio operators).

[Added 11-23-1987 by Ord. No. 1388]

ARCADE

Any building, room, suite, structure, area, premises or other place where four or more automatic commercial game machines or devices (as such machines and devices are defined in Chapter 87, Games, Automatic and Commercial) are made available for play, use or operation by the public or a substantial part or number of the public as a principal use. Indoor amusement parks and children's recreational activity centers shall not be classified as "arcades."

[Amended 2-14-1994 by Ord. No. 1691-94; 12-13-2010 by Ord. No. 25-2010]

AUTOMOBILE WRECKING YARD

Any establishment, building or place where an activity carried on involves wrecking or dismantling motor vehicles or the outdoor storing of two or more unregistered motor vehicles which are unfit for reconditioning for use on a public highway and which may include using parts therefrom to equip, repair or rebuild other motor vehicles and the storing, selling or otherwise disposing of such accessories or parts.

BANK

That land area immediately adjacent to the bed of the stream which is essential in maintaining the integrity thereof.

[Added 9-28-1998 by Ord. No. 1867-98]

BERM

A mound of earth or the act of pushing earth into a mound.

[Added 11-14-2005 by Ord. No. 32-2005]

BOUNDARIES OF LOT

The boundary lines of a parcel of land as fixed by the recorded deed of conveyance or by a map filed in the office of the County Clerk; provided, however, that where any boundary line of a lot is located within the side lines of a street, road or highway, the boundary line of the lot shall be deemed to be the side line of such street, road or highway.

BREWERY, WINERY OR DISTILLERY

Any establishment or facility that brews, distills, manufactures, blends, or bottles alcoholic beverages, including, but not limited to, wine, hard cider, mead, cordials, or liquors.

[Added 7-27-2020 by Ord. No. 17-2020]

BUILDING

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

[Amended 10-28-2002 by Ord. No. 2013-02]

BUILDING COVERAGE

Land areas covered by buildings and other roofed structures. Building coverage shall be calculated as the ratio of the horizontal area by which all buildings occupy a lot, as measured by a vertical plane established by the outside edge of the roof or roofs, to the total lot area.

[Added 9-11-2000 by Ord. No. 1936-00; amended 10-28-2002 by Ord. No. 2013-02]

BUILDING ENVELOPE

The area of a building lot remaining after the subtraction of the front, rear and side yard depth requirements from the total lot area.

[Added 11-13-2000 by Ord. No. 1935-00]

BUILDING FRONT

The wall or walls that face directly or indirectly to the street address which is the address listed in the municipal tax records for that property.

BUILDING LINE

A line located on the plot parallel with the front street line at the distance therefrom equal to the depth of the front yard required for the district in which the lot is located; provided, however, that in determining the "building line" for radial, panhandle or otherwise irregularly shaped lots which do not front on a street for the required lot width, the "building line" shall be along a line parallel with or tangent to a line parallel with the front street line where the required lot width is closest to the front street line but no closer to the front line of the lot, or to the street line in the case of radial lots, than the required front yard depth. (See Drawing Nos. 1 and 2.[1])

CONFERENCE CENTER

A training and meeting facility for hire for personnel engaged in business, educational, scientific, or research endeavors and for social, cultural or leisure activities, but not to include business or trade schools.

[Added 12-17-2001 by Ord. No. 1978-01]

CONTINUING-CARE FACILITY FOR THE ELDERLY

See "continuing-care retirement community."

[Amended 5-20-2019 by Ord. No. 7-2019]

CONTINUING-CARE RETIREMENT COMMUNITY

An age-restricted development for persons 62 years of age or older that provides a continuum of accommodations and care, from independent living to long-term bed care and which enters into contracts to provide lifelong care in exchange for the payment of monthly fees plus an entrance fee in excess of one year of monthly fees conforming to N.J.S.A. 52:27D-330 et seq.

[Added 5-20-2019 by Ord. No. 7-2019]

CORNER LOT

A lot or parcel of land abutting upon two or more streets, roads or highways at their intersection or upon two parts of the same street forming an interior angle of less than 135°.

[Amended 11-14-2005 by Ord. No. 32-2005; 6-13-2011 by Ord. No. 17-2011]

CORNER LOT YARDS

In determining yard setbacks for corner lots, the short side of a corner lot shall be deemed the primary frontage and shall meet the front yard setback requirements, and the long side of said lot shall be deemed the secondary frontage and shall meet the front yard setback requirements applicable thereto. The yard opposite the primary frontage shall meet the minimum rear yard requirement. The remaining yard shall meet the minimum side yard requirement.

[Added 6-13-2011 by Ord. No. 17-2011]

COUNTRY PROPERTIES

Large lots in conservation design subdivisions and/or site plans that have a conservation easement placed on them that protects the natural features on the site and prohibits further subdivision of the lot. In conservation design subdivisions with country properties, no common open space/conservation area land is provided. See R-1, R-1-A, and R-2 Residence Districts for lot size requirements.

[Added 9-22-2008 by Ord. No. 21-2008]

DBH

Diameter at breast height. Measurements are contained in Chapter 160, Preservation and Restoration of Existing Vegetation.

[Added 11-14-2005 by Ord. No. 32-2005]

DENSITY, RESIDENTIAL

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

[Added 12-17-2001 by Ord. No. 1977-01]

DRIVE-THROUGH COMMERCIAL ESTABLISHMENT OR FACILITY

A retail service establishment or operation or portion thereof which, by design, construction or addition, is intended to serve customers in motor vehicles without said customers leaving their vehicles.

DWELLING:

(1) SINGLE-FAMILY DETACHED DWELLING A wholly detached building constructed or adapted for use exclusively as a place of residence for one family only.

(2) SINGLE-FAMILY SEMIDETACHED DWELLING A building constructed or adapted for use exclusively as a place of residence for one family only and having only one party wall in common with an adjacent building.

(3) TWO-FAMILY DETACHED DWELLING A wholly detached building constructed or adapted for use exclusively as a place of residence for two families only, the place of residence of one family being wholly or partly over the place of residence of the other.

(4) MULTIPLE DWELLING A building constructed or adapted for use exclusively as a place of residence for three or more families.

(5) TOWNHOUSE A single-family dwelling of at least two stories in a row of three or more such units separated from one another by an unpierced vertical wall from ground to roof.

[Amended 5-11-1987 by Ord. No. 1356; 12-17-2001 by Ord. No. 1977-01]

EFFECTIVE DATE OF CHAPTER

The date on which this chapter becomes operative; namely, the date of publication, in full or by title, after final passage and adoption.

EMPLOYEE CAFETERIA

A restaurant, not open to the public, in which patrons are served at, and carry food from, a counter or a serving line to tables for consumption. A cafeteria may also permit patrons to bring their own food for consumption at tables, and may include vending machines.

[Added 11-17-2008 by Ord. No. 18-2008]

FAMILY

Related persons living together as one housekeeping unit; provided, however, that domestic employees residing with a family shall be deemed to be members of the "family" for the purposes of this chapter.

FARM BUILDING

Any building used for storing agricultural equipment or farm produce, housing livestock or poultry or processing dairy products. The term "farm building" shall not include dwellings.

FAST-FOOD RESTAURANT

A commercial establishment where food and drink prepared for immediate consumption is purchased at a counter or a drive-up window and either eaten on the premises, in the purchaser's automobile or off the premises. Those restaurants where food is consumed only at tables on the premises and is either served cafeteria style or by waiters and waitresses shall not be deemed "fast-food restaurants." "Fast-food restaurants" shall also not include those retail stores where food is primarily sold for preparation and consumption elsewhere, although, as a secondary use of the premises, prepared food may also be sold over the counter for immediate consumption, such as a delicatessen.

FLOOR AREA, GROSS

The sum of the gross horizontal areas of all floors of a building measured from the exterior face of exterior walls or from the centerline of a wall separating two buildings, but not to include interior parking spaces, loading areas, any area where the floor to ceiling height is less than 6 1/2 feet or accessory buildings not intended for human occupancy.

[Added 9-11-2000 by Ord. No. 1936-00]

FLOOR AREA RATIO (FAR)

The gross floor area of all buildings on a lot divided by the lot area.

[Added 2-23-1987 by Ord. No. 1344]

FRONT YARD

The required open space extending along each street on which the lot abuts for the full width of the lot; provided, however, that the following encroachments are permitted: overhanging eaves, gutters or cornices, steps and the exterior portion of a chimney foundation, limited to a maximum encroachment of 36 inches in depth.

GROSS FLOOR AREA

The sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the center line of a wall separating two buildings.

[Added 2-23-1987 by Ord No. 1344]

HEALTH CARE CENTER

A facility principally engaged in providing services for health maintenance, education and treatment of physical conditions. A health care center may include facilities for exercise, physical therapy, rehabilitation and outpatient services. Outpatient services may include, but are not limited to, examinations, diagnostics treatment and ambulatory surgery. Uses accessory to a health care center may include a laboratory, internal use laundry, pharmacy, caf, gift shop and spa services.

[Added 12-5-2005 by Ord. No. 33-2005]

HEAVY INDUSTRIAL

All industrial uses not defined as light industrial.

[Added 11-17-2008 by Ord. No. 18-2008]

HEIGHT OF BUILDING

The vertical measurement from the mean level of the ground adjacent to the building to the highest point of the roof, if the roof is flat or has a slope of less than 15° from the horizontal, or to a point midway between the peak and the eaves of a roof having a slope of 15° or more; provided, however, that any permitted chimneys, spires, elevator penthouses, tanks or similar structures above the roof of a building shall not be included in calculating the height of such building.

HISTORIC LANDMARK or LANDMARK

Any building or structure which possesses an integrity of location, design, setting, materials workmanship or association, and which has been determined, pursuant to the terms of this chapter, to be a significant contributing factor to the history of Moorestown or State and/or National Register of Historic Places, and which is located on an historic site or within an historic district.

[Added 12-17-2001 by Ord. No. 1978-01]

HISTORIC ROADS

Old Salem Road, Kings Highway, Riverton Road, Lenola Road, and Church Street, as designated in the Master Plan.

[Added 9-22-2008 by Ord. No. 21-2008]

HISTORIC SITE

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

[Added 12-17-2001 by Ord. No. 1978-01]

HOME FOR THE AGED

An institutional residence facility for individuals and couples aged 62 years or older. Minimal medical care may be provided, but the "home for the aged" shall be distinguished from continuing-care facilities for the elderly by the absence of skilled nursing care as an integral part of the development.[2]

IMPERVIOUS SURFACE

Land surface areas that do not allow rainwater to be directly absorbed by the ground. These surfaces shall include buildings and other roofed structures, driveways and other paved areas, decks, patios, walkways, tennis courts, and swimming pools. Impervious surface shall not include gravel or loose stone areas that allow water to pass through to the ground below, fences, playground equipment, arbors or outdoor furniture. Impervious surface shall be calculated as the ratio of all land surfaces on a lot that do not allow rainwater to be directly absorbed by the ground to the total lot area.

[Added 9-11-2000 by Ord. No. 1936-00; amended 10-28-2002 by Ord. No. 2013-02]

INCLUSIONARY DEVELOPMENT

A development containing both affordable dwellings and dwellings for occupants without income restriction. This term includes, but is not limited to, new construction, the conversion of a nonresidential structure to residential use and the creation of new affordable units through the gut rehabilitation or reconstruction of a vacant residential structure.

[Added 5-20-2019 by Ord. No. 7-2019]

INDOOR AMUSEMENT PARK

Any building, room, suite, structure, area, premises or other place consisting of at least 35,000 square feet but no more than 60,000 square feet of a retail shopping center or mall that is indoors, open to the public on a regular basis, designed and themed as an arcade, and incorporates at least 70 automatic commercial games, three rides, and a casual family dining area. An indoor amusement park shall be a “recognized amusement park” within the meaning of N.J.A.C. 13:3-1.1 et seq.

[Added 12-13-2010 by Ord. No. 25-2010]

INDOOR SKATEBOARD, IN-LINE SKATING AND NONMOTORIZED BICYCLING ACTIVITY CENTER

An indoor place containing features specially constructed to accommodate skateboarding, in-line skating and/or non-motorized bicycling or other similar activities.

[Added 11-13-2000 by Ord. No. 1939-00]

INN

A commercial facility for transient dwellers providing lodging and meals on a temporary basis for compensation that requires access to guest rooms through a lobby which may include meeting rooms for social, cultural and leisure activities but not to include entertainment uses.

[Added 12-17-2001 by Ord. No. 1978-01]

LANDSCAPE BUFFER

An area containing berms, vegetation, non-solid fences, decorative walls, or a combination thereof used to physically separate or visually screen one use or property from another so as to mitigate impacts of noise, lights or other nuisances. No buildings shall be located in a landscape buffer.

[Added 12-17-2001 by Ord. No. 1978-01; amended 11-14-2005 by Ord. No. 32-2005]

LIGHT INDUSTRIAL

The fabrication, assembly or processing, or the storage in bulk, of goods and materials inside of a building and able to meet the conditional use and performance standards listed in this chapter.

[Added 11-17-2008 by Ord. No. 18-2008]

LOT

Any separate parcel of land having boundaries fixed by a recorded deed of conveyance or by a map filed in the office of the County Clerk.

LOT AREA

Shall not include any part of the lot lying within the right-of-way lines of a street, road or highway nor the narrow portion of a panhandle lot which serves as access between a public street, road or highway and the portion of the lot on which buildings may be erected in conformity with yard and area requirements. (See Drawing No. 1.)[3]

LOT COVERAGE

The total area covered by impervious surfaces on a property.

[Added 9-11-2000 by Ord. No. 1936-00; amended 10-28-2002 by Ord. No. 2013-02]

LOW - AND MODERATE-INCOME HOUSING

Any residential development in which a substantial portion of the dwelling units are restricted to low- and moderate-income households, as defined by the New Jersey Council of Affordable Housing.

[Added 6-27-1988 by Ord. No. 1359]

MAJOR THOROUGHFARE

Bridgeboro Road, Borton Landing Road, Centerton Road, Cox Road, Creek Road, East Gate Drive, Fellowship Road, Flynn Avenue, Foster Road, Garwood Road, Glen Avenue (between North Lenola Road and Foster Road), Haines Mill Road, Harper Drive, Hartford Road, King’s Highway, Marne Highway, Marter Avenue, McElwee Road, Mount Laurel Road, New Albany Road, Nixon Drive (between South Lenola Road and NJSH Route 38, North Church Street, North Lenola Road, NJSH Route 38, Riverton Road, Salem Crossing Road, South Church Street, South Lenola Road, Tom Brown Road and Westfield Road.

[Added 11-13-2000 by Ord. No. 1935-00; amended 11-14-2005 by Ord. No. 32-2005]

MUNICIPAL USE

Facilities used for the provision of sanitary sewer and/or potable water service, including pumping stations, well fields, treatment facilities, storage facilities, vents and interconnections; recreation facilities, including parks, playgrounds, athletic fields and buildings used for indoor recreation; fire stations; police stations; communication facilities; sites for the repair and/or storage of equipment and materials used for the provision of municipal services, including sanitation, road maintenance and snow removal.

[Added 1-27-1996 by Ord. No. 1767-96]

NURSING HOME, CONVALESCENT HOME or SANATORIUM

Any premises, other than as a continuing-care facility for the elderly, which is licensed as such by the State of New Jersey in which nursing care and related medical and other health services are provided for a period exceeding 24 consecutive hours for two or more individuals who are not relatives of the operator and not in need of hospitalization but who, because of age, illness, disease, injury, convalescence or physical or mental infirmity, need such care.

OFFICE PARK

A nonresidential land use developed as a single entity combining general, business, professional, and medical offices which may contain accessory personal services primarily for employees as permitted by this chapter.

[Added 12-17-2001 by Ord. No. 1978-01]

ONE-HUNDRED-YEAR FLOODPLAIN

An area which is flooded with an average frequency of one or more times in each 100 years as determined and defined by the Federal Emergency Management Agency (FEMA) and Flood Insurance Rate Maps (FIRM).

[Added 9-28-1998 by Ord. No. 1867-98]

OPEN SPACE

Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.

[Added 12-17-2001 by Ord. No. 1977-01]

OPEN SPACE, COMMON

An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complimentary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

[Added 12-17-2001 by Ord. No. 1977-01]

OPEN SPACE ORGANIZATION

An incorporated, nonprofit organization for the management of common open space operating in a planned development under a recorded land agreement through which:

[Added 12-17-2001 by Ord. No. 1977-01]

(1) Each owner is automatically a member;

(2) Each occupied dwelling unit is automatically subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the organization by the Township; and

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

OPEN SPACE, PUBLIC

An open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency or other public body for recreational or conservational uses.

[Added 12-17-2001 by Ord. No. 1977-01]

PASSIVE AND IMPROVED COMMON OPEN SPACE

That area of a parcel of land associated with multiple-dwelling units that has been specifically reserved as open land by a deed restriction approved by the municipal agency. This land shall be graded, drained, seeded and landscaped as necessary to provide a contiguous area for walking, jogging, biking, sitting, picnicking and the general visual enjoyment of the inhabitants of the associated dwellings. Buffer areas for parking lots are not included in this category of open space.

PATIO HOME

A single-family detached dwelling with appropriate architectural treatment permitted to be constructed on a lot in a planned unit development.

[Added 1-25-1988 by Ord. No. 1392]

PERSON

Includes a natural person, copartnership, corporation and any number of them.

PLANNED UNIT DEVELOPMENT

An area with a contiguous acreage of 20 acres or more to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and may also contain one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in this chapter.

[Added 1-25-1988 by Ord. No. 1392][4]

PLANTING STRIP

The area between the street cartway and the sidewalk or bikeway, or the right-of-way if there is no sidewalk or bikeway.

[Added 11-14-2005 by Ord. No. 32-2005]

PRIMARY CONSERVATION AREAS (PCAs)

Floodplains, wetlands and transition areas, stream corridors, slopes over 20% and vernal pools.

[Added 9-22-2008 by Ord. No. 21-2008]

PUBLIC STREET

A street, road or avenue maintained by the Township, county or state or a dedicated street, road or avenue shown on a map or plan approved by the Township Council or the Planning Board of said Township for filing in the office of the County Clerk and duly filed in such office. Such street shall meet the requirements for approval set forth in N.J.S.A. 40:55D-35.

[Added 5-14-1990 by Ord. No. 1522-90]

REAR YARD

The required open space, the full width of the lot, extending along the rear boundary line or property line of the lot; provided, however, that the following encroachments are permitted: overhanging eaves, gutters or cornices, steps and the exterior portion of a chimney foundation, limited to a maximum encroachment of 36 inches in depth.

RESTAURANT

A commercial establishment where food and drink are prepared, served and consumed. As used in this chapter, a "restaurant" shall not include a fast-food restaurant, as defined herein.

RETAIL

The sale of good in small quantities directly to the consumer.

[Added 8-25-2008 by Ord. No. 19-2008]

REVERSE FRONTAGE LOT

A lot with frontage on two streets that do not intersect at the boundaries of the lot (i.e., not a corner lot).

[Added 11-14-2005 by Ord. No. 32-2005]

SCENIC ROADS

Haines Drive along Strawbridge Lake, Garwood Road, Cox Road, and McElwee Road, as designated in the Master Plan.

[Added 9-22-2008 by Ord. No. 21-2008]

SECONDARY CONSERVATION AREAS (SCAs)

Areas of high groundwater recharge (11 to 16 inches per year), slopes between 10% and 20%, Natural Heritage Priority Sites, and critical habitat areas as designated by the NJDEP Landscape Project, as well as other scenic, natural, cultural and historic features such as viewsheds, natural swales, groves of trees, local landmarks, and historic structures that may be unmapped but should be incorporated into site plans during the site visit.

[Added 9-22-2008 by Ord. No. 21-2008]

SELF-SERVICE STORAGE

A warehouse-type structure containing relatively small storage spaces usually in varying sizes which are leased or rented individually. Individuals are typically permitted to access their storage spaces directly without appointment during designated business hours. A self-service storage use is also known as a mini-warehouse.

[Added 11-17-2008 by Ord. No. 18-2008]

SENIOR CITIZEN HOUSING

See "age-qualified development."

[Amended 4-9-1984 by Ord. No. 1189; 12-17-2001 by Ord. No. 1977-01]

SENIOR CONGREGATE CARE COMMUNITY

A building or complex of buildings for persons 55 years of age or older that consists of multiple dwellings and/or townhouses that offers communal dining facilities and services, such as housekeeping, organized social and recreational activities, transportation services, and other similar support services for residents.

[Added 5-20-2019 by Ord. No. 7-2019]

SHELTERED CARE UNIT

Any premises licensed as such by the State of New Jersey in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 consecutive hours for two or more individuals who are not relatives of the operator and who require assistance or supervision in such matters as dressing, bathing, diet or medication prescribed for self-administration but who do not require hospitalization or care in a skilled nursing facility.

SIDE YARD

The required open space from the front yard to the rear yard on the lot extending along the side boundary line or property line of the lot; provided, however, that the following encroachments are permitted: overhanging eaves, gutters or cornices, steps and the exterior portion of a chimney foundation, limited to a maximum encroachment of 36 inches in depth.

SKILLED NURSING FACILITY

Any premises licensed as such or as an intermediate-care facility by the State of New Jersey in which nursing care and related medical and other health services are provided for a period exceeding 24 hours for two or more individuals who are not relatives of the operator and who are not in need of hospitalization but who, because of age, illness, disease, injury, convalescence or physical or mental infirmity, need such care.

STREAM

The bed and bank of any perennially flowing watercourse, including rivers, lakes and ponds.

[Added 9-28-1998 by Ord. No. 1867-98]

STREAM CORRIDOR

The one-hundred-year floodplain plus a strip of 25 feet landward from the one-hundred-year floodplain or from the top of the bank of the stream where there is no one-hundred-year floodplain.

[Added 2-28-2000 by Ord. No. 1914-00]

STREET LINE

The side line of the street, road or highway as dedicated to the public or as otherwise acquired by the Township, county or state for public use and, for the purposes of this chapter, is the boundary line between the public way and the adjacent land.

STRUCTURE

Any combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.

[Added 2-27-1989 by Ord. No. 1462]

TENANT HOUSE

A second residence on a single lot that serves as a dwelling, on a temporary basis only, for workers who both live and work on the property, provided that the property is a farm that consists of a minimum of two acres, and the farm is agricultural or equestrian in nature.

[Added 5-14-2001 by Ord. No. 1957-01]

TRACT

A contiguous area of land composed of one or more lots that is the subject of an application for development and which shall not include lands that are a part of any other tract.

[Added 12-17-2001 by Ord. No. 1977-01]

TRUCK TERMINAL

A truck terminal is a facility used primarily for the fueling, loading and unloading of trucks, where storage of cargo is incidental to the primary function of motor freight shipment, and minor maintenance and repair of these types of vehicles is performed.

[Amended 11-17-2008 by Ord. No. 18-2008]

WAREHOUSE

A building used principally for the storage of goods, materials or merchandise for subsequent processing or for delivery elsewhere for processing or sale.

WAREHOUSE/DISTRIBUTION

A warehouse/distribution use includes structures, or parts thereof, or areas used principally for the storage or distribution of goods and merchandise to retailers, nonresidential users, or to other wholesalers. This use may include accessory truck terminals but does not include a truck terminal.

[Added 11-17-2008 by Ord. No. 18-2008]

WHOLESALE

An establishment with the set purpose of selling commodities or goods in large quantities typically to a retail merchant for resale.

[Added 11-17-2008 by Ord. No. 18-2008]

[1] Editor's Note: Drawing Nos. 1 and 2, Panhandle Lots and Radial Lots, respectively, are included at the end of § 180-2A.

[2] Editor's Note: The definition of "home professional office," as amended, which followed this definition, was repealed 6-14-1993 by Ord. No. 1666-93; the definition of "indoor children's recreational activity center," added 2-14-1994 by Ord. No. 1691-94, was repealed 11-13-2000 by Ord. No. 1939-00.

[3] Editor's Note: Drawing No. 1, Panhandle Lots, is included following the definition of "Warehouse."

[4] Editor's Note: The former definition of “political sign,” which immediately followed this definition, was repealed 7-26-2004 by Ord. No. 20-2004. See now § 180-80.2.

B. Word usage.

[Amended 8-28-78 by Ord. No. 942]

(1) The singular shall include the plural, and the plural shall include the singular.

(2) The present tense shall include the future tense.

(3) In addition to its usual meaning, the word "construct" includes the meaning of the words "reconstruct," "build," "erect," "alter," "adapt," "rebuild," and "arrange."