A. 
For purposes of this chapter, the word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. The present tense includes the future; the singular number includes the plural, and the plural includes the singular. The word "shall" is mandatory. The word "may" is permissive. The words "used" and "occupied" include the words "intended, designed or arranged to be used or occupied."
B. 
The term "such as" shall be considered as introducing a typical or illustrative designation of items and shall not be interpreted as constituting a complete list.
C. 
Words not herein defined shall have the meanings given in Webster's Unabridged Dictionary. Unless otherwise stated in context, words and phrases set forth in the following section shall have the meanings therein given.
[Amended 10-28-1982 by Ord. No. 244; 5-7-1987 by Ord. No. 291; 9-1-1988 by Ord. No. 316]
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY USE OR STRUCTURE
An accessory use or structure is a use or structure which:
A. 
Is subordinate to and serves a principal building or a principal use, including but not limited to the production, harvesting and storage as well as washing, grading and packaging of unprocessed produce grown on site.
B. 
Is subordinate in area, extent and purpose to the principal structure or principal building or principal use.
C. 
Contributes to the comfort, convenience or necessity of the occupants, business or industry of the principal use or principal structure served.
D. 
Is located on the same lot as the principal use or principal structure served, except as otherwise expressly authorized by the provisions of this chapter.
ADMINISTRATIVE OFFICER
The Secretary of the Planning Board, in the case of matters involving the Planning Board; the Municipal Clerk, in the case of matters involving the governing body; the Zoning Officer, in the case of matters involving the issuance of zoning permits and the enforcement of regulations.
[Amended 8-31-1989 by Ord. No. 337[1]]
ADT (AVERAGE DAILY TRAFFIC)
The average number of cars per day that pass over a given point.
AFFORDABLE HOUSING DEVELOPMENT
A housing development with one or more components affordable to low- and moderate-income households (see Chapter 108) that is included in the Upper Deerfield Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable development.
[Added 9-5-2019 by Ord. No. 810]
AGRICULTURE
The growing and harvesting of crops and/or raising and breeding of poultry and livestock, including dairies, nurseries, greenhouses, orchards and accessory buildings incidental to agricultural uses.
AGRICULTURAL EMPLOYEE HOUSING
Residential dwellings considered as an accessory use to a farm or agricultural use/activity and used for the seasonal use of employees of an agricultural or horticultural use.
AGRICULTURAL SERVICES
A facility or use principally established to serve on-site farming or ranching activities including but are not limited to the following: auditing and accreditation, organic certification, local food research and development, lab testing and approval, market research and analysis, grants and opportunities, transportation research, plant variety protection, research and promotion programs, pesticide data programs.
[Added 2-15-2018 by Ord. No. 770]
AGRICULTURAL USE/PURPOSE
Land which is devoted to the production, for sale, of plants and animals, including but not limited to forages and sod crops; grain and feed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, including the breeding and raising of all such animals; bees and apiary products; fur animals; trees and forest products. Also included shall be land devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agreement with an agency of the federal government. For purposes of this chapter, "agricultural use" does not include a dwelling. See "farm."
AGRITOURISM
Agricultural uses, such as farms, ranches and vineyards that, through promotion and advertising, facilities and activities, seek to attract visitors, guests and vacationers.
[Added 11-19-2009 by Ord. No. 643]
AIRPARK
Any area of land, adjacent to a public use airport, to be utilized as a combined single-family residence and aircraft storage facility.
[Added 8-2-1990 by Ord. No. 360]
AIRPORT
Any area of land or water, or both, designed and set aside for the landing and taking off of fixed-wing aircraft, utilized or to be utilized by the general public for such purposes, publicly or privately owned, and licensed by the Commissioner of the New Jersey Department of Transportation as a public use airport or landing strip or an area which has been determined by the Commissioner of the Department of Transportation to be likely to be so licensed within one year of the determination.
AIRPORT HAZARD
A. 
Any use of land or water, or both, which may create a dangerous condition for persons or property in or about an airport or aircraft during landing or taking off at an airport.
B. 
Any structure or tree which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport.
AIRPORT HAZARD AREA
Any area of land or water, or both, upon which an airport hazard might be created or established if not prevented as provided by this chapter.
ALLEY OR SERVICE WAY
A minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting a street.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required by ordinance for approval of a subdivision plat, 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 or 40:55D-36.
APPROVING AUTHORITY
The Upper Deerfield Township Planning Board unless a different agency is designated by ordinance, when acting pursuant to the authority of N.J.S.A. 40:55D-1 et seq.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.
ARTERIAL STREET
Streets and highways which will be used primarily for high vehicular speeds and heavy volumes of traffic.
ASSISTED LIVING FACILITY
Residences for the frail elderly that provide rooms, meals, personal care, and supervision of self-administered medication.
[Added 11-19-2009 by Ord. No. 643]
ASSISTED LIVING RESIDENCE
A facility licensed to provide apartment-style housing and congregate dining that ensures the availability of assisted living services when needed, for four or more adult persons unrelated to the proprietor. Apartment units offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette, and a lockable door on the unit entrance.
[Added 2-15-2018 by Ord. No. 770]
AUTOMOBILE REPAIR GARAGE
Any premises used for the retail sales of oil or other products necessary for the maintenance and operation of motor vehicles and for servicing and repairs thereof, including vehicular painting and/or bodywork, and where no junked or unregistered vehicles are kept or stored.
[Added 2-15-2018 by Ord. No. 770]
AUTOMOBILE SERVICE STATION
Any premises used for the retail sales of gasoline, oil or other products necessary for the maintenance and operation of motor vehicles and for servicing and minor repairs thereof, but where no vehicular painting and/or bodywork is done and where no junked or unregistered vehicles are kept or stored.
BASE FLOOD
Any flood having a one-percent chance of being equaled or exceeded in any given year.
BASEMENT
A story of a building that is partly underground, having more than 1/2 of its interior height, measured from the floor to finished ceiling, below average finished grade of the ground adjoining the building. In connection with floodplain regulations contained in § 405-25 herein, the term "basement" shall be defined as any area of the building having its floor subgrade (below ground level) on all sides.
BLOCK
The length of one side of the street between two street center lines.
BOARD OF ADJUSTMENT
The Board established pursuant to N.J.S.A. 40:55D-69.[2]
BOARDINGHOUSE
A rooming house in which the renting individuals are also served with meals prepared in one kitchen by the owner or operator of the house in return for a valuable consideration.
BUFFER
An area within a property or site, generally adjacent to and parallel to the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences, walls and/or berms, designed to continuously limit view of and/or sound from the site to adjacent sites or properties.
BUILDING
The combination of materials to form a construction adapted to permanent, temporary or continuous occupancy by persons, animals or chattels and having a roof. The term "building" shall include "structure," and the term "structure" shall include "building."
BUILDING AREA
The aggregate of the areas of all enclosed and roofed spaces of a principal building and all accessory buildings. Such areas shall be computed by using outside building dimensions measured on a horizontal plane at ground level.
BUILDING HEIGHT
The vertical dimensions measured from the average elevation of the finished lot grade at the midpoint of the front of the building to the highest point of the roof for flat roofs, to the deckline of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs. Conventional accessory structures, such as chimneys, spires, aerials and elevator enclosures, shall not be included in building height calculation.
BUILDING LINE
The line parallel to the street line at a distance therefrom equal to the depth of the required front yard in the district under consideration. In the case of a lot abutting two streets, required front yard setbacks from both streets shall be observed.
BUILDING, PRINCIPAL
A building in which is conducted the principal use of the lot on which said building is situated.
CAPITAL IMPROVEMENT
A governmental acquisition of real property or major construction.
CARTWAY
The actual road surface area from curbline to curbline, which may include travel lanes, parking lanes and deceleration and acceleration lanes. Where there are no curbs, the "cartway" is that portion between the edges of the paved, or hard surface, width.
CERTIFICATE OF OCCUPANCY
A document which shall be deemed to authorize and be required for each occupancy and use of the building or land to which it applies and shall continue in effect only so long as such building and the use thereof and use of such land is in full conformity with the requirements of the Upper Deerfield Township Development Regulations Ordinance, the Uniform Construction Code, the Existing Structures Code[3] and other pertinent ordinance or code of the Township dealing with the use and maintenance of property and/or structures. A certificate of occupancy shall only be issued upon completion of alteration or prior to any changes in occupancy of a building or land and only after it is determined by the appropriate issuing officer that said construction or change is in full compliance with Chapters 405 and 303 of this Code and the Uniform Construction Code.[4] Maintenance of a valid certificate of occupancy shall be the responsibility of the property owner.
CHANNEL
The identifiable bed and banks of a stream which convey a normal, constant or intermittent flow of a stream.
CHILD-CARE CENTER
An establishment providing for the care, supervision, and protection of children.
[Added 11-19-2009 by Ord. No. 643]
CIRCULATION
The system, structures 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 for the handling of people and goods by such means as terminals, stations, shelters, warehouses and other storage buildings or transshipment points.
CLUB
Any organization catering exclusively to members and their guests or any organization for religious, vocational, civic, service, recreational or athletic purposes which is not conducted for financial gain.
CLUSTER DEVELOPMENT
Development based on an overall density for the entire tract allowing reduced lot sizes so that higher densities result in individual segments of the tract, provided that the gross density of the entire tract permitted by this chapter is not exceeded and open space preservation is an integral part of the design.
COLLECTOR STREETS
Streets which will carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
COMMERCIAL POULTRY FARM
A farm or industrial use designed and intended primarily for breeding, raising and processing of poultry or fowl for commercial sale, and where the number of birds shall exceed 300 birds per use at any one time.
COMMISSIONER
The Commissioner of the New Jersey Department of Community Affairs; in the case of § 405-20 of this chapter, the Commissioner of the New Jersey Department of Transportation.
COMMON OPEN SPACE
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/or lot or dwelling owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
COMMUNITY CENTER
A facility used for recreational, social, educational and cultural activities.
[Added 11-19-2009 by Ord. No. 643]
COMMUNITY/CORPORATE CENTER
A facility used for recreational, social, educational, cultural and business meeting activities.
[Added 2-15-2018 by Ord. No. 770]
COMMUNITY SHOPPING CENTER
See "planned commercial development."
CONCEPT PLAN
A preliminary presentation and attendant documentation of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification.
CONDITIONAL USE
The use permitted in a particular zone district only upon a showing that such use in a specified location will comply with the conditions and standards for the location and operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the appropriate municipal agency.
CONDOMINIUM
A method of ownership of real property under a master deed in which one or more owners holds full title and undivided interest in the common grounds, common elements and/or supporting facilities of the property. "Condominium" may also refer to the unit held in single ownership.
CONTIGUOUS LANDS
In the case of planned developments requiring minimum tract acreage, lands shall be considered contiguous to each other if they abut each other or if they are separated by streets, ways, pipelines, electric power lines, conduits or rights-of-way owned or controlled by third parties.
CONVENIENCE STORE
A retail establishment of up to 6,000 square feet selling primarily food products, household items, newspapers and magazines, candy, beverages, and a limited amount of freshly prepared foods such as sandwiches and salads for off-premises consumption.
[Added 7-7-2011 by Ord. No. 675; amended 2-15-2018 by Ord. No. 770]
CONVENTIONAL DEVELOPMENT
A development other than a planned development.
CONVERSION
The remolding or alteration of an existing structure so as to accommodate the provision of more dwelling units than were originally intended. "Conversion" includes the alteration of a nonresidential structure into a dwelling unit for at least one family; the modification of a single-family structure so as to accommodate two or more dwelling units; and the alteration of a multifamily structure so as to accommodate more units than originally intended.
CORPORATE OFFICE
Any administrative headquarters of a business or industry which is characterized as a single employer primarily serving a regional, national or international clientele.
[Added 12-30-2021 by Ord. No. 832]
COUNTY MASTER PLAN
A composite of the master plans for the physical development of Cumberland County, with the accompanying maps, plats, charts and descriptive and explanatory matter, adopted by the Cumberland County Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4.
COUNTY PLANNING BOARD
The Cumberland County Planning Board.
COVERAGE
The percentage of the plot or lot area covered by all structures, paving and nonporous materials, other than retaining walls, shrubbery and fences. Any area of a lot covered by porous material will not be included in the calculation of lot coverage.
CREMATORIUM
A funeral establishment containing properly installed, certified apparatus intended for use in the act of cremation.
[Added 2-15-2018 by Ord. No. 770]
CUL-DE-SAC
A minor land service street closed at one end and having an adequate vehicle turning area at the closed end.
CULTURAL FACILITY
An establishment that documents the social and religious structures and intellectual and artistic manifestations that characterize a society and includes museums, art galleries, and botanical and zoological gardens of a natural, historic, educational or cultural interest.
[Added 11-19-2009 by Ord. No. 643]
DATA CENTER
A facility that contains a large group of networked computer servers typically used by organizations for the remote storage, processing, or distribution of large amounts of data.
[Added 2-15-2018 by Ord. No. 770]
DAY CARE
A facility providing for the care, supervision, and protection of more than six children at one time on a regular basis, for periods of less than 24 hours per day in a place other than the child’s own dwelling unit that is licensed and/or registered by the State of New Jersey as required.
[Added 7-7-2011 by Ord. No. 675]
DAY CARE, ADULT
A facility providing for the care and supervision of 10 or more elderly and/or functionally impaired adults in a protective setting for a portion of a twenty-four-hour day that is licensed and/or registered by the State of New Jersey as required.
[Added 7-7-2011 by Ord. No. 675]
DAYS
Calendar days.
DENSITY, GROSS
The number of dwelling units per acre for a given area that includes streets and other common or public open spaces. In the case of mixed-use development, space devoted to nonresidential uses is also included.
DENSITY, NET
The number of dwelling units per acre for a given area that excludes streets and other common or public open spaces. In the case of mixed-use development, space devoted to nonresidential uses is also excluded.
DESIGNATED USE AREAS
Areas shown on a planned development wherein particular types of dwelling units or commercial, industrial, institutional or common open space uses may be situated and which are employed for the purpose of calculating the maximum net density limitation and area requirements applicable to said use. Such areas may, but need not be, coextensive with any existing or proposed record lot lines.
DETENTION BASIN
A man-made or natural water collector facility designed to collect surface and subsurface water in order to impede its flow and to release the same gradually, at a rate not greater than that prior to the development of the property, into natural or man-made outlets.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in the proposed development, including the holder of an option for contract purchase or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure; any mining, excavation or landfill; any use or change of use of any building or other structure or land; or the extension of use of land for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq. In connection with § 405-20, Air safety and hazardous zoning, the term "development" shall mean the construction, reconstruction, creation or establishment of any structure or planting of a tree. In connection with § 405-25, Flood hazard requirements, the term "development" shall mean any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations located within an area of special flood hazard. Also see "project."
DEVELOPMENT REGULATIONS
A zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other municipal regulation of the use and development of land, or amendment thereto, adopted and filed pursuant to N.J.S.A. 40:55D-1 et seq.
DIRECTOR
The Director of the Division of Aeronautics.
DISTRICT, ZONING
A portion of the territory of Upper Deerfield Township wherein certain regulations and requirements or various combinations thereof apply pursuant to the provisions of this chapter.
DIVISION
The Division of State and Regional Planning in the Department of Community Affairs. In connection with § 405-20, Air safety and hazardous zoning, the word "Division" means the Division of Aeronautics of the Department of Transportation.
DRAINAGE
The removal of surface water or groundwater from land by drains, grading or other means, and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution and to maintain the integrity of stream channels for their biological functions as well as for drainage; and the means necessary for water supply preservation and prevention or alleviation of flooding.
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of stormwater sewers and/or drainage ditches or 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 and applicable state regulations and laws.
DWELLING
Any structure or portion thereof which is designed or used for residential purposes.
DWELLING, QUADRAPLEX
Four attached dwellings in one building in which each unit has two open space exposures and shares a common interior wall with one or two adjoining units, with separate ground floor access for each unit. Units are joined side to side, but are not located one above another.
[Added 9-5-2019 by Ord. No. 810]
DWELLING UNIT
Any room or group of rooms located within a structure forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, eating and sanitation by one family.
DWELLING, DETACHED SINGLE-FAMILY
A building detached from other buildings and used for residential purposes by one family and which has its own cooking, sleeping, sanitary and general living facilities.
DWELLING, MULTIFAMILY
Any residential structure or grouping of structures designed to provide dwelling units in attached fashion wherein each unit occupies its own structure from ground to roof with outside entrance and includes such attached housing as plexes (triplex, containing dwelling units for three families; quadriplex, four families; and so on), patio houses and atrium houses.
DWELLING, TOWNHOUSE
A single-family two-story dwelling unit with two vertical party walls shared with adjacent dwelling units, or one party wall if at the end of a group of dwelling units, provided with on-site vehicular access and parking or designed as part of a residential cluster with shared access and parking.
DWELLING, TWO-FAMILY
Any residential structure designed to provide dwelling units to two families which are attached to each other, wherein each unit occupies its own structure from ground to roof with an independent outside entrance to each and includes such housing as duplexes, side-by-side homes, or twin-family homes. Such dwellings may be one- or two-story.[5]
[Amended 12-4-2003 by Ord. No. 537-A]
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 COMMISSION
A municipal advisory body created pursuant to N.J.S.A. 40:56A-1 et seq.
ENVIRONMENTAL CONSTRAINT
Features, natural resources or land characteristics that are sensitive to improvements and may require conservation measures or the application of creative development techniques to prevent degradation of the environment or may require limited development or in certain instances may preclude development.
EROSION
The detachment or movement of soil and rock fragments by water, wind, ice or gravity.
EROSION AND SEDIMENT CONTROL PLAN
A plan which fully indicates necessary land treatment measures, including a schedule of the timing for their installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee.
ESSENTIAL SERVICE
Structures and physical improvements, whether publicly or privately owned, necessary to permit the orderly development of an area, including such facilities as streets, water, sewerage, gas, telephone or electric lines; supporting structures such as manholes and catch basins; pumping stations; solid waste collection stations or recycling centers or depots; transformer stations and utility poles; but not including generating or storage plants, processing stations, maintenance yards, administrative headquarter facilities or housing or quarters for installation, repair or trouble crews.
EXCAVATION or CUT
Any act by which soil or rock is cut into, dug, uncovered, removed, displaced or relocated.
FAMILY
One or more persons occupying a dwelling unit as a single nonprofit housekeeping unit, who are living together as a bona fide, stable and committed living unit, being a traditional family unit or the functional equivalent thereof, exhibiting the generic character of a traditional family.
[Amended 9-20-2007 by Ord. No. 590]
FARM
One or more lots, which may contain a residence, with at least five additional acres used exclusively for agricultural purposes.
FARM BUILDING
Any building located on a farm and used for housing of agricultural equipment, produce, livestock, poultry or for the incidental or customary processing of farm products, provided that such building is used in conjunction with an active farming operation. The term "farm building" shall not include a dwelling.
[Amended 1-19-1996 by Ord. No. 449]
FARM CONSERVATION PLAN
A plan which takes into account the capabilities and limitations of the soil on a given farm and proposes appropriate crop rotation and soil conservation techniques for each field.
FARM MARKET
An accessory farm building or structure with requisite off-street parking and loading space designed for seasonal sale of unprocessed agricultural and/or horticultural products, and homemade handicrafts, with at least 51% of its sales consisting of goods produced on the farm on which it is located. No commercially packaged handicrafts or commercially processed or packaged foodstuffs shall be sold at a farm market.
[Added 2-15-2018 by Ord. No. 770]
FAST TRACK
An accelerated system of application review procedures.
FENCE or WALL
A structure which permanently or temporarily prohibits or inhibits unrestricted travel between properties or portions of properties or between the street or public right-of-way and the property.
FINAL APPROVAL
The official action of the Planning Board taken on preliminarily approved major subdivisions or site plans 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.
FLOOD HAZARD BOUNDARY MAP (FHBM)
The official map issued by the Federal Insurance Administration, where the areas of special flood hazard have been designated "Zone A."
FLOOD or FLOODING
A general or temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or the unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPLAIN
The area adjoining any natural stream or watercourse subject to periodic flooding or overflow and containing Berryland, Muck or Pocomoke soils as delineated by the Soil Survey Report, Cumberland County, New Jersey, as prepared by the United States Department of Agriculture, Natural Resources Conservation Service (NRCS).
FLOODWAY
Any portion of a floodplain lying within 100 feet of the adjacent channel edge of a natural stream, being defined as any stream carrying water on an average of six months of the year, or within 25 feet from the edge of a lake or center line of any watercourse other than a natural stream.
FLOOR AREA RATIO
The sum of the area of all floors of buildings or structures compared to the total area of the site.
FLOOR AREA, GROSS
The sum of the gross horizontal areas of the several floors of the principal commercial structure on a lot, excluding basement space unless designed to be used for customary visits by the commercial clientele, but including the area of permanent roofed porches and terraces. All dimensions shall be measured between exterior wall faces.
FLOOR AREA, HABITABLE
An area fully enclosed by the inside surfaces of walls, windows, doors and partitions and having a headroom of at least six feet six inches, including living, eating, cooking, sleeping, storage, circulation, service, utility and other related household spaces, but excluding garages, carports, porches, unheated sheds and basements. Attics or portions thereof may be considered "habitable floor area," provided that they are fully finished and meet the proper height requirements.
FORESTRY
The growing and harvesting of trees for commercial purposes; except that the removal of trees located on a parcel of land one acre or less in size on which a dwelling has been constructed, directly associated with the use of the property for a nursery, garden center, Christmas tree plantation or orchard, directly associated with the use of the property for a landfill authorized pursuant to provisions of this chapter, necessary for the maintenance of a public right-of-way, for the personal use by the property owner or necessary to ensure public safety shall not be considered "forestry."
GARAGE, PRIVATE
A building or portion thereof used as an accessory to the main building on a lot, designed or used primarily to provide for the storage of not more than three motor vehicles and in which no occupation, business or service for profit is carried on.
GARAGE, REPAIR
A building used for the off-street storage of motor vehicles, the provision of incidental motor fuel service, the sale of accessories and the repair of motor vehicles, excluding bodywork.
GARDEN APARTMENT
One or more one- or two-story multifamily structures, generally built at a gross density of six dwelling units per acre, with each structure containing no more than 12 dwelling units and including related off-street parking, open space and recreation. Dwelling units can be located back to back, adjacent and on top of each other.[6]
[Added 6-16-2005 by Ord. No. 557]
GARDEN OR STORAGE SHED
A subordinate structure or building intended to store lawn, garden and pool care equipment, and similar items, which is not to be served by a permanent heat source, or plumbing.
[Added 10-7-2021 by Ord. No. 830]
GASOLINE SERVICE STATION
An area of land, including any structures thereon, used primarily for the retail sale and direct delivery to motor vehicles of motor fuel and lubricants, as well as such incidental services as the lubrication and hand-washing of motor vehicles and the sale, installation and minor repair of automotive accessories such as tires and batteries, but where no vehicular painting and/or bodywork is done and where no junked or unregistered vehicles are kept or stored.
[Amended 2-15-2018 by Ord. No. 770]
GLARE
Illumination from a source of light producing a reading of 50 or more on a standard Weston photographic light meter or its equivalent at a distance of three feet from the public right-of-way or a reading of 0.8 or more when such meter or its equivalent is held anywhere on a residential property line.
GOVERNING BODY
The Township Committee of the Township of Upper Deerfield in the County of Cumberland.
GRADE
A reference plane consisting of the average finished ground level adjacent to a structure, building or facility at all visible exterior walls.
GROUND COVER
Low-growing plants or sod that in time form a dense mat covering the area in which they are planted, preventing soil from being blown or washed away and the growth of unwanted plants.
GUEST ROOM (HOTEL/MOTEL)
A one-story room that is not susceptible to permanent division and which may contain a kitchen or kitchenette and not more than one bathroom.
[Added 2-15-2018 by Ord. No. 770]
GUTTER
A shallow channel usually set along a curb or the pavement edge of a road for purposes of catching and carrying off runoff water.
HEALTH CARE FACILITY
A facility or institution, public or private, principally engaged in providing services for health maintenance and the treatment of mental or physical conditions. Health care facilities include general or special hospitals, public health centers, diagnostic centers, treatment centers, outpatient clinics, dispensaries, surgical centers, emergent care, physical therapy and rehabilitation facilities.
[Added 11-19-2009 by Ord. No. 643]
HEALTH CARE SERVICES
Establishments providing support to medical professionals and their patients, such as medical and dental laboratories, blood banks, oxygen, and miscellaneous types of medical supplies and services.
[Added 11-19-2009 by Ord. No. 643]
HEALTH CLUB
An establishment that provides facilities for aerobic exercises, running, jogging, exercise equipment, game courts, swimming facilities, and saunas, showers, massage rooms, and lockers.
[Added 11-19-2009 by Ord. No. 643]
HISTORIC SITE
Any building, structure, area or property that is significant in the history, architecture, archaeology or culture of this state, its communities or the nation and has been designated according to statute.
HOME OCCUPATION
An occupation, craft or skill conducted for the generation of revenue entirely within a dwelling, or in an accessory structure located on the same lot or tract as a dwelling. The use must: be clearly incidental and secondary to the use of the property for residential purposes; not change the character of the structure or area; or have any exterior evidence of the home occupation except as permitted by the Township Code. Home occupations are intended to be limited to low-intensity uses that produce or repair a product, but can be operated in such a way that they do not adversely affect adjacent properties.
[Amended 2-15-2018 by Ord. No. 770]
HOME PROFESSIONAL OCCUPATION
The office or studio in the residence of a physician, surgeon, dentist, lawyer, architect, professional planner, licensed land surveyor, engineer, barber or beautician, psychologist, accountant, teacher or other state or federal recognized profession for which a permit or license is issued, but excluding any school, class or similar activity whether licensed or not, including but not limited to dance, martial arts, aerobics, exercise or music activities. The use must: be clearly incidental and secondary to the use of the property for residential purposes; not change the character of the structure or area; or have any exterior evidence of the home professional occupation except as permitted by the Township Code.
[Amended 2-15-2018 by Ord. No. 770]
HORTICULTURAL USE
Land which is devoted to the production for sale of fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or when devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agreement with an agency of the federal government.
HOTEL
Any structure providing overnight accommodations, other than dwelling units, for hire to the traveling public, including a motel or motor inn or lodge.
HOUSE, ROOMING or GUESTHOUSE
A single-family dwelling wherein furnished rooms without cooking facilities are rented for valuable consideration to one or more individuals unrelated by blood or marriage to the owner or operator of the house.
IMPERMEABLE SURFACE
Any surface which does not permit fluids to pass through or penetrate its pores or spaces.
IMPROVEMENT
Any man-made, immovable item which becomes part of, placed upon or is affixed to real estate.
INCLUSIONARY DEVELOPMENT
A residential development in which a proportion of all units are reserved for low-income households, as defined by the New Jersey Council on Affordable Housing, and in which an equal proportion of units are reserved for moderate-income households, as defined by the New Jersey Council on Affordable Housing. For developments in which the units are sold by fee simple, condominium, cooperative or similar form of ownership, the sum of low- and moderate-income units shall be 20% of the total number of units. For developments in which the units are rented, the sum of low- and moderate-income units shall be 15% of the total number of units.
[Amended 7-19-2018 by Ord. No. 779]
INDUSTRIAL PARK
An area of a minimum contiguous acreage as specified by this chapter, 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 this chapter.
[Amended 2-15-2018 by Ord. No. 770]
INJUNCTIVE RELIEF
A restraining order issued by a court of equity, forbidding a person to do a particular act.
INTERESTED PARTY
A. 
In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey.
B. 
In the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under Township development regulations or has been denied, violated or infringed by an action or failure to act under Township development regulations.
JUNKYARD
The use of more than 1,000 square feet in the case of an agricultural parcel or more than 200 square feet of the area of any other lot, whether inside or outside a building, or the use of any portion of that half of any lot that adjoins a public right-of-way for the storage, keeping, processing or abandonment of wastepaper, rags, scrap metal or other discarded material or for the dismantling, demolition or abandonment of automobiles or other vehicles, machinery or parts thereof.
KENNEL
Any building or land parcel used for the keeping of dogs and other small household pets. The keeping of more than five such animals on any one property shall constitute a "kennel."
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.
LAND DISTURBANCE
Any activity involving clearing, grading, transporting, filling or any other actions which cause land to be exposed to the danger of erosion.
LANDOWNER
See "developer."
LANDSCAPING
The installation of plant material or seed as part of development.
LIGHT MANUFACTURING
Any activity involving the fabrication, reshaping, reworking, assembly or combining of products, parts and/or materials:
[Added 12-30-2021 by Ord. No. 832]
A. 
Which does not involve the union of chemicals, compounds or elements to produce a new compound or substance on-site for direct industrial sale;
B. 
Which does not involve the union of chemicals, compounds or elements on-site for use during the fabrication, reshaping, reworking, assembly or combining of the products, parts and/or materials, except that the incidental application of chemicals or chemical products brought to the site is permitted pursuant to Subsection C of this definition hereinbelow;
C. 
Which may involve the incidental application of chemicals, compounds or elements of chemical products during the fabrication, reshaping, reworking, assembly or combining of the products, parts and/or materials, including but not limited to painting, gluing and cleaning;
D. 
Which store and contain any and all products, parts and/or materials utilized during the fabrication, reshaping, reworking, assembly or combining of the products, parts and/or materials within completely enclosed buildings; and
E. 
Which may involve storage and warehousing of the items fabricated, reshaped, reworked, assembled or combined during the limited manufacturing activity.
LOADING SPACE
Any off-street space not less than 12 feet in width, 70 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 a public right-of-way. For purposes of this chapter, a trash pickup area shall not be considered a "loading space."
LOCAL STREET
A street which, similar to the minor street, is designed to serve as a means of access to properties which abut it and is not intended to primarily or specifically serve nonlocal traffic, although it may do so, and according to the volume of traffic to use it and the movement of that traffic between other roadways may necessitate wider right-of-way and cartway widths than a minor street.
LOT
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law to be used, developed or built upon as a unit.
LOT AREA
The surface of a land parcel determined by its boundary lines and expressed in terms of square feet or acres. Any portion of a lot included in a street right-of-way shall not be included in calculating the lot area.
LOT FRONTAGE
The line of a lot or portion thereof which is coexistent with the street line. In the case of a street of unidentified width, said line shall be assumed to parallel the center line of the street at a distance of 25 feet therefrom. In the case of corner lots, the smaller of the two lot lines coexistent with street lines shall be considered as the frontage. In no case shall the lot frontage be less than 75% of the lot width.
LOT LINE
Any line forming a portion of the exterior boundary of a lot, which shall be the same line as the street line for that portion of the lot abutting a street.
LOT WIDTH
A horizontal distance between the side lot lines, measured at right angles to the lot depth along the rear lines of the required front yard space.
LOWEST FLOOR
The lowest floor of the lowest enclosed area, including the basement. An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other applicable nonelevation design requirements.
MAINTENANCE GUARANTY
Any security, other than cash, which may be accepted by a municipality for the maintenance of any improvements required under the authority of N.J.S.A. 40:55D-1 et seq.
MAJOR COLLECTOR ROAD
A collector road already identified by the Township's Master Plan as under heavy traffic demands and which serves as a major roadway for the movement of traffic through the Township.
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision.
MANUFACTURED HOME
A unit of housing which:
A. 
Consists of one or more transportable sections which are subsequently constructed off site and, if more than one section, are joined together on site.
B. 
Is built on a permanent chassis.
C. 
Is designed to be used, when connected to utilities, as a dwelling on a permanent or nonpermanent foundation.
D. 
Is manufactured in accordance with the standards promulgated for a manufactured home by the Secretary pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, Public Law 93-383 (42 U.S.C. § 5401 et seq.), and the standards promulgated for a manufactured or mobile home by the Commissioner pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.).
E. 
In connection with floodplain regulations contained in § 405-25 herein, a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 calendar days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles.
MANUFACTURED HOME PARK OR SUBDIVISION
In connection with floodplain regulations contained in § 405-25 herein, a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. (See also "mobile home park.")
MARGINAL ACCESS STREET
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.
MASTER PLAN
A composite of one or more written or graphic proposals for the development of the municipality as set forth and adopted pursuant to N.J.S.A. 40:55D-28.
MAYOR
The Chairman of the Township Committee of the Township of Upper Deerfield.
MIGRANT LABOR HOUSING
See "agricultural employee housing."
MINOR SITE PLAN
A development plan of one or more lots which:
A. 
Proposes new development within the scope of development specifically permitted by § 405-76B as a minor site plan.
B. 
Does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to the provisions of N.J.S.A. 40:55D-42.
C. 
Contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval of a minor site plan have been met.
MINOR STREET
Rights-of-way which are used primarily for access to abutting properties. Minor streets include marginal access roads and culs-de-sac serving no more than six lots.
MINOR SUBDIVISION
A subdivision of land that does not involve:
A. 
The creation of more than four lots, sites or other divisions of land in addition to a single reserved parcel, for the purpose, whether immediate or future, of sale or building development.
B. 
Planned development.
C. 
Any new street.
D. 
Extension of any off-tract improvement, the cost of which is to be prorated pursuant to the provisions of N.J.S.A. 40:55D-42.
MOBILE HOME
Any unit, whether licensed or not, used for living, sleeping or business purposes by one or more persons, built on a chassis, originally designed without a permanent foundation, and includes a dwelling, sleeping or business unit of vehicular design, used or intended or constructed for use as a conveyance upon public streets and highways, whether licensed or not; and further includes self-propelled vehicles and other structures so designed, constructed and reconstructed or added to by means of accessories in such a manner as to permit the occupancy thereof as a dwelling, sleeping place or for business purposes for one or more persons and having wheels, jacks, piers or skirtings so arranged as to be integral with or portable by said mobile home; and further includes that type of dwelling known as a "trailer," "camper," "travel trailer" or "camp car," even though the same may be placed on a foundation. For the purposes of this chapter, "mobile home" shall not include manufactured homes or any combination of mobile or movable structures which, when attached or together in any arrangement, constitute a dwelling unit(s), offices or other uses.
MOBILE HOME PARK
A parcel of land, or two or more parcels of land, containing no fewer than 10 sites equipped for the installation of manufactured homes, where these sites are under common ownership and control for the purpose of leasing each site to the owner of a manufactured home for the installation thereof and where the owner or owners provide services, which are provided by the municipality in which the park is located for property owners outside the park, which services may include but shall not be limited to:
A. 
The construction and maintenance of streets.
B. 
Lighting of streets and other common areas.
C. 
Garbage removal.
D. 
Snow removal.
E. 
Provisions for the drainage of surface water from home sites and common areas.
MOTEL
A type of hotel providing a series of rental units operated as a single business for the primary purpose of providing lodging for transient guests and where only a general kitchen and dining room are provided within the building or as an accessory use thereto. An office and single dwelling (for the hotel manager) may be provided in conjunction with the operation of a motel.
[Amended 2-15-2018 by Ord. No. 770]
MOTEL UNIT
A combination sleeping room and private enclosed full sanitary and bathing facilities which is rented to transients as temporary sleeping accommodations.
MULCHING
The application of plant residue or other suitable materials to the land surface to conserve moisture, hold soil in place and aid the establishing of plant cover.
MUNICIPAL AGENCY
The Planning Board or the governing body of the Township of Upper Deerfield when acting pursuant to the Development Regulations of the Township of Upper Deerfield.
MUNICIPALITY
The Township of Upper Deerfield.
NATURAL STREAM
Any naturally eroded channel with visible evidence of banks and bed, as distinguished from a swale, which shows no evidence of natural erosion except occasional gullying, and from a ditch, which is an artificially excavated channel.
NEW JERSEY STATE SOIL CONSERVATION COMMITTEE
An agency of the State of New Jersey established in accordance with the provisions of Title 4, Chapter 24, of the New Jersey Revised Statutes.
NONCONFORMING BUILDING OR STRUCTURE
A structure or building, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, 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 LOT
A lot, the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of this chapter, 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 this chapter, 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.
NON-FARM DWELLING
A detached single-family dwelling located in the Agriculture Zone existing as of the date of this ordinance which does not include a single-family dwelling on a farm or a rural residence.
[Added 3-21-2019 by Ord. No. 801]
NONPERMANENT FOUNDATION
Any foundation consisting of nonmortared blocks, wheels, concrete slab or runners, or any combination thereof, or any other system approved by the Commissioner for the installation and anchorage of a manufactured home on other than a permanent foundation.
OFFICIAL MAP
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32 through 40:55D-36.
OFF SITE
Any area located outside the lot lines of the lot in question but within the property (of which the lot is part) which is the subject of a development application or a contiguous portion of a street or right-of-way.
OFF TRACT
Any area not located on the property which is the subject of a development application or a contiguous portion of a street or right-of-way.
OFF-TRACT IMPROVEMENT
Improvements made outside the original tract to accommodate conditions generated inside the original tract that are transferred off site as a result of the proposed development.
ON SITE
Any area located on the lot in question.
ON-SITE FARM OFFICE
An office for the conduct of business for an ongoing, active farming operation, provided that said office is located on the farm whose business is being conducted and is within or attached to a farming-related structure such as a barn, stable, cutting house or storage facility. If unattached, said farm office structure shall not exceed 2,000 square feet of office space. For purposes of this chapter, an "on-site farm office" shall be considered an accessory use to a farm operation and not subject to site plan review. Conversion of an on-site farm office to use for a non-farm-related business shall be considered a change of use requiring a new zoning permit.
[Added 1-19-1996 by Ord. No. 449]
ON TRACT
Any area located on the property which is the subject of a development application or a contiguous portion of a street or right-of-way.
OPEN SPACE
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designed 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 area, 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.
PARCEL
Any quantity of land capable of being described with such definiteness that its location and boundaries may be established and which is designed by its owner as land to be used as a unit
PARKING LOT
An area which contains five or more off-street parking spaces.
PARKING SPACE
An area at least nine feet in width and 18 feet in length exclusive of driveways appurtenant and giving access thereto, accessible from a street, but not located on a street, which is both suitable and intended for the parking of a passenger motor vehicle. Any off-street parking space that is a part of a parking lot shall be so designed as not to require a vehicle to back into or from a street right-of-way.
PARTY IMMEDIATELY CONCERNED
For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under N.J.S.A. 40:55D-12.
PERFORMANCE GUARANTY
Any security which may be accepted by the Township of Upper Deerfield, including cash, provided that the Township shall not require more than 10% of the total performance guaranty in cash.
PERMANENT FOUNDATION
A system of support installed either partially or entirely below grade, which is:
A. 
Capable of transferring all design loads imposed by or upon the structure into soil or bedrock without failure.
B. 
Placed at an adequate depth below grade to prevent frost damage.
C. 
Constructed of material approved by the Commissioner.
PERSON
Any corporation, company, association, society, firm, partnership, joint-stock company, individual, the state and all political subdivisions of the state or any agencies or instrumentalities thereof.
PERSONAL SERVICES
Establishments providing nonmedically related services, including beauty shops and barbershops, spas, clothing rental, dry cleaning pickup, coin-operated laundromats, shoe repair and tanning salons.
[Added 11-19-2009 by Ord. No. 643]
PLAN
See "plat."
PLANNED COMMERCIAL CENTER
An area of a minimum contiguous acreage as specified by this chapter, 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 or other uses incidental to the predominant use that may be permitted by this chapter.
[Added 2-15-2018 by Ord. No. 770]
PLANNED COMMERCIAL DEVELOPMENT
An area of a minimum contiguous acreage as specified by this chapter, 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 or other uses incidental to the predominant use that may be permitted by this chapter.
PLANNED DEVELOPMENT
A planned retirement residential development.
[Added 1-19-1996 by Ord. No. 449]
PLANNED INDUSTRIAL DEVELOPMENT
An area of a minimum contiguous acreage as specified by this chapter, 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 this chapter.
PLANNED RESIDENTIAL RETIREMENT DEVELOPMENT
An area with a specified minimum contiguous acreage of 12 acres or more to be developed as a single entity according to a plan, containing one or more residential clusters designed and intended to serve the needs of individuals 55 years of age and older, which may include commercial or public or quasi-public uses all primarily for the benefit of the residential retirement development.
[Added 1-19-1996 by Ord. No. 449; amended 2-15-2018 by Ord. No. 770]
PLANNED UNIT DEVELOPMENT
An area with a minimum of 250 contiguous acres or more to be developed according to a plan as a single entity, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as provided by this chapter.
PLANNED UNIT RESIDENTIAL DEVELOPMENT
An area with a minimum of 100 contiguous acres or more to be developed as a single entity according to a plan, containing one or more residential clusters, which may include appropriate commercial or public or quasi-public uses, all primarily for the benefit of the residential development.
PLANNING BOARD
The Planning Board of the Township of Upper Deerfield established pursuant to N.J.S.A. 40:55D-23.
PLAT
A map or maps of a subdivision or site plan.
POTABLE WATER SUPPLY
Water suitable for drinking and cooking purposes.
PREAPPLICATION CONFERENCE
An initial meeting between developers and municipal representatives which affords developers the opportunity to present their proposals informally.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46, 40:55D-48 and 40:55D-49 prior to final approval after specific elements of a development plan have been agreed upon by the municipal agency and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory stages of the design of a project, illustrating in schematic form its scope, scale and relationship to its site and immediate environs.
PRINCIPAL USE
The main purpose for which any lot and/or building is used.
PROFESSIONAL OFFICES, BUILDINGS AND COMPLEXES
The office or offices of a physician, dentist, psychologist, lawyer, engineer, accountant, architect, planner or land surveyor or an office building or group of buildings housing such offices.
PROJECT
The disturbance of 5,000 square feet or more of the surface area of land for the accommodation of construction for which a zoning or building permit is required as set forth in this chapter.
PUBLIC AREAS
A. 
Public parks, playgrounds, trails, paths and other recreational areas.
B. 
Other public open spaces.
C. 
Scenic and historic areas.
D. 
Sites for schools and other public buildings and structures or facilities.
PUBLIC DEVELOPMENT PROPOSAL
A master plan, capital improvements program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
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 biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground, where practical, and to lessen nonpoint pollution.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to the Township, a Township agency, the Township Board of Education, the State of New Jersey, an agency of the State of New Jersey or County of Cumberland or other public body for recreational and/or conservational uses.
PUBLIC UTILITY
The use of land for public utility purposes by an entity providing pipeline, gas, electrical, telephone, telegraph, water, or sewage service. "Public utility" also includes the use of land for utility purposes, whether or not owned, controlled, or operated by a public entity, whose services are performed for or commodities delivered to the public or any portion thereof. Private energy production, transmission relay, repeater, translator, radio and television towers and equipment, and cable television facilities are also considered public utilities. "Public utility" does not include airports or television, radio or community television antenna system administration offices, or other types of administrative offices or maintenance yards.
[Added 2-15-2018 by Ord. No. 770]
QUASI-PUBLIC USE
A nonprofit use serving the public or a significant portion thereof, not controlled directly by government or a government agency and financed in whole or in part by either public funds or public contributions. In addition, quasi-public facilities include those operated by nonprofit institutions or organizations which are operated by persons or groups of persons for public purposes but with only limited public control or accessibility.
QUORUM
A majority of the full authorized membership of a municipal agency.
RATIONAL METHOD
A method of runoff calculation.
RECREATIONAL VEHICLE
Boats, campers, trailers or related vehicles (see "trailer") and including skimobiles.
RENEWABLE ENERGY FACILITY
A facility that engages in the production of electric energy from solar technologies, photovoltaic technologies, or wind energy.
[Added 11-19-2009 by Ord. No. 643]
RESEARCH FACILITY
A facility for investigation into the natural, physical or social sciences, which may include engineering and product development.
[Added 11-19-2009 by Ord. No. 643]
RESOURCE EXTRACTION
The dredging, digging, extraction, mining and quarrying of sand, gravel, clay, or ilmenite for commercial purposes, and/or the removal of soil, from any lot in Upper Deerfield Township.
[Amended 2-15-2018 by Ord. No. 771]
RESTAURANT
Any establishment, however designed, at which food is sold for consumption on the premises. However, a snack bar or refreshment stand at a public or community swimming pool, playground, playfield or park operated solely by the agency or group operating recreational facilities and for the convenience of patrons of the facility shall not be deemed to be a restaurant. "Restaurant" does not include takeout or drive-in establishments which permit the consumption of food within motor vehicles.
RESTAURANT, TAKE-OUT
An establishment where food and/or beverages are sold in a form ready for consumption, where all or a significant part of the consumption takes place outside the confines of the restaurant, and where ordering and pickup of food may take place from an automobile.
[Added 7-7-2011 by Ord. No. 675]
RESTRAINING ORDER
An order which may be issued upon the filing of an application for an injunction, forbidding the defendant to do the threatened act until a hearing on the application can be held.
RESUBDIVISION
The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument. The designation of a subdivision as a "resubdivision" shall be determined on the basis of the tract or parcel affected without regard to any change in ownership.
RETAIL STORE, LARGE-SCALE
A retail or wholesale establishment with more than 50,000 square feet in a freestanding industrial-style one-story building under common ownership or use, having a regional sales market and including membership warehouse clubs, discount stores, and department stores.
[Added 11-19-2009 by Ord. No. 643]
RETAIL STORE, MEDIUM-SCALE
A retail establishment of more than 10,000 square feet and not greater than 50,000 square feet under common ownership or use, selling primarily food products, household items, newspapers and magazines, candy and beverages, and a limited amount of freshly prepared foods such as sandwiches and salads for off-premises consumption.
[Added 11-19-2009 by Ord. No. 643]
RETAIL STORE, SMALL-SCALE
A retail establishment of up to 10,000 square feet under common ownership or use, selling primarily food products, household items, newspapers and magazines, candy and beverages, and a limited amount of freshly prepared foods such as sandwiches and salads for off-premises consumption.
[Added 11-19-2009 by Ord. No. 643]
RETENTION BASIN
A pond, pool or basin used for the permanent storage of water runoff.
RIGHT-OF-WAY LINES
The boundary lines of land used or intended for use as streets and from which required setbacks or front yard and lot depths shall be measured. Where existing records 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.
ROADSIDE STAND
A temporary accessory building or structure not to exceed 300 square feet of gross floor area with no space for customers within the structure, designed for seasonal sale of agricultural and/or horticultural products grown on the property on which the stand is located. The intermittent sale of homegrown produce as an accessory use not involving a building or structure, not occupying more than 300 square feet and not creating any undue traffic hazards shall not be deemed to constitute a "roadside stand."
[Amended 2-15-2018 by Ord. No. 770]
RUNNERS
A system of support consisting of poured concrete strips running the length of the chassis of a manufactured home under the lengthwise walls of that home.
RUNOFF
The water which is removed from the soil over the surface or through drains beneath the surface by natural and/or man-made means.
SCHEDULE OF DISTRICT REGULATIONS
The Zoning Schedule of District Regulations[7] made a part of this chapter by § 405-8.
SCREEN
A structure or planting consisting of fencing, berms and/or evergreen trees or shrubs providing a continuous view obstruction within a site or property.
SEASONAL HIGH WATER TABLE
The level below the natural ground surface to which water seasonally rises in the soil in most years.
SECRETARY
The Secretary of the United States Department of Housing and Urban Development.
SEDIMENT
Solid soil material which has been moved from its site of origin by air, water or gravity and has been deposited elsewhere.
SEDIMENT BASIN
A barrier or dam built at a suitable location to retain rock, sand, gravel, silt or other material.
SEDIMENTATION
Disposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
SELF-SERVICE STORAGE FACILITY
A building or group of buildings in a controlled-access and fenced compound that contains varying sizes of individual compartmentalized and controlled-access stalls or lockers for the storage of customers' good and wares.
[Added 2-15-2018 by Ord. No. 770]
SENIOR HOUSING
A residential development including accessory buildings and required or permitted social, cultural, medical and recreational facilities limited to certain age groups conforming to 42 U.S.C. §§ 3601 through 3619, the federal Fair Housing Amendments Act of 1988, as it may be amended or superseded.
[Added 9-5-2019 by Ord. No. 810]
SEPTIC SYSTEM
An underground system with a septic tank used for the decomposition of domestic wastes.
SEPTIC TANK
A watertight receptacle that receives the discharge of sewage.
SERVICE STATION
See "garage, repair" and "gasoline service station."
SETBACK LINE
See "building line."
SHOPPING CENTER
A group of commercial establishments planned, constructed and managed as a single entity with customer and employee parking, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements.
[Added 7-7-2011 by Ord. No. 675]
SIDEWALK CAFE
A permitted area within the public right-of-way consisting of tables and chairs where patrons may be served food and/or beverages from an adjacent cafe or restaurant. There is an annual permit required for sidewalk cafes that includes an annual fee per calendar year.
[Added 11-19-2009 by Ord. No. 643]
SIGN
Any device designed to inform or attract the attention of persons not on the premises on which the sign is located; provided, however, that the following shall not be included in the application of the Township of Upper Deerfield Development Regulations:
A. 
Signs not exceeding one square foot in area and bearing only property numbers, postbox numbers or names of occupants or date of construction.
B. 
Flags and insignias of any government agency, except when displayed in connection with commercial promotion.
C. 
Legal notices, information or directional signs erected by governmental bodies.
D. 
Integral, decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights.
E. 
Signs directing traffic and parking on private property but bearing no advertising matter.
SITE PLAN
A development plan of one or more lots on which is shown:
A. 
The existing and proposed conditions of the plot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways.
B. 
The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs and lighting and screening devices.
C. 
Any other information that may be reasonably required by a municipal agency in order to make an informed determination pursuant to development regulations adopted pursuant to N.J.S.A. 40:55D-37 et seq.
SOIL
The natural part of the earth's surface being characterized by layers parallel to the surface resulting from modification and stratification of parent material by physical, chemical and biological processes operating under varying conditions during varying periods of time.
SOIL CONSERVATION DISTRICT
A governmental subdivision of this state organized in accordance with the provisions of Title 4, Chapter 24, of the New Jersey Revised Statutes.
SOIL EROSION AND SEDIMENT CONTROL PLAN PERMIT
A certificate issued to perform work in accordance with the provisions of this chapter.
SOLAR ENERGY-GENERATING FACILITY
A solar energy system and all associated equipment which converts solar energy into a usable electrical energy, heats water or produces hot air or other similar function through the use of solar panels.
[Added 11-19-2009 by Ord. No. 643]
SPECIMEN TREE
Any tree of exceptional size which is listed by the New Jersey Division of Parks and Forestry.
STANDARDS OF PERFORMANCE
Standards that are adopted by ordinance pursuant to N.J.S.A. 40:55D-65d regulating noise levels, glare, earthborn or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and flammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects and conditions and such other similar matters as may be reasonably required by the municipality or required by applicable federal or state laws or other municipal ordinances.
STORMWATER DETENTION
A provision for storage of stormwater runoff and the controlled release of such runoff during and after a flood or storm.
STORMWATER RETENTION
A provision for storage of stormwater runoff.
STORY
Any covered area with a clear headroom of six feet six inches or more, whether finished or not, except a basement.
STREET
A. 
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way, which:
(1) 
Is existing state, county or municipal roadway;
(2) 
Is shown upon a plat heretofore approved pursuant to law;
(3) 
Is approved by official action as provided by N.J.S.A. 40:55D-1 et seq.; or
(4) 
Is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats.
B. 
Includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking area and other areas within the street lines.
STREET LINES
See "right-of-way lines."
STRIPPING
Any activity which significantly disturbs a vegetated or otherwise stabilized soil surface.
STRUCTURAL ALTERATION
Any change in either the supporting members of a building, such as bearing walls, columns, beams and girders, or in the dimensions or configurations of the roof or exterior walls.
STRUCTURE
A 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. In connection with § 405-20, Air safety and hazardous zoning, the word "structure" shall mean any object constructed or installed by man, including but not limited to buildings, towers, smokestacks, chimneys and overhead transmission lines.
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 chapter if no new streets are created:
A. 
Divisions of land found by the Planning Board or Subdivision Committee thereof to be for agricultural purposes where all resulting parcels are five acres or larger in size.
B. 
Divisions of property by testamentary or intestate provisions.
C. 
Divisions of property by court order, including but not limited to judgments of foreclosure.
D. 
Divisions of property upon court order, including but not limited to judgments of foreclosure.
E. 
Consolidation of existing lots by deed or other recorded instrument.
F. 
The conveyance of one or more adjoining lots, tracts or parcels of land owned by the same person or officer to conform to the requirements of this chapter and shown and designated as separate tracts or parcels on the tax map or atlas of the Township. The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION APPLICATION
The application for approval of a subdivision pursuant to the Municipal Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), or an application for approval of a planned unit development pursuant to the Municipal Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
SUBDIVISION COMMITTEE
A committee of at least three Planning Board members appointed by the Chairman of the Planning Board for the purpose of classifying subdivisions in accordance with the provisions of the development regulations and having such other duties related to land subdivision as may be conferred on this committee by the Planning Board.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary building maintenance or safety code specifications which are solely necessary to assure safe living conditions or any alterations of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
SUPERMARKET
A retail establishment having 10,000 square feet or more of floor area devoted primarily to selling food and other convenience and household goods.
[Added 7-7-2011 by Ord. No. 675]
SWIMMING POOL, PRIVATE
A noncommercial privately owned pool constituting an accessory use to a residential unit or units and located on the same lot therewith. A wading pool with a depth of less than 18 inches or a portable swimming device, located above ground level, with an area less than 125 square feet and a water depth less than three feet, temporary in character and constructed of material other than concrete or masonry, shall not be deemed a swimming pool.
SWIMMING POOL, PUBLIC
A public or privately owned pool open to the public on an annual membership basis and having dressing rooms, off-street parking and other appropriate accessories and facilities.
TOURIST HOUSE
A private home where rooms are rented for overnight accommodation. A "tourist house" shall also include a bed-and-breakfast establishment which, in addition to providing overnight accommodation to tourists, also provides a breakfast to said overnight guests.
[Amended 12-19-1991 by Ord. No. 381]
TOWNHOUSE
See "dwelling, townhouse."
TRAILER
A recreational vehicle, travel trailer, camper or other transportable, temporary dwelling unit, with or without its own motor power, designed and constructed for travel and recreational purposes, to be installed on a nonpermanent foundation if installation is required.
TRANSCRIPT
A typed or printed verbatim record of the proceedings or reproduction thereof.
TRIP
A single or one-way vehicle movement to or from a property or study area. Trips can be added together to calculate the total number of vehicles expected to enter and leave a specific land use or site over a designated period of time.
TRUCK TERMINAL
A facility used by a motor freight company for the receipt, transfer, short-term storage, and dispatching of goods unloaded from interstate trucks and/or intermodal trailers and containers carried on the railroad and loaded onto local delivery trucks.
[Added 2-15-2018 by Ord. No. 770]
VARIANCE
Permission to depart from the literal requirements of this chapter or other Upper Deerfield Township Development Regulations pursuant to N.J.S.A. 40:55D-1 et seq.
WAREHOUSE AND DISTRIBUTION FACILITY
A building used primarily for the storage (including cold storage), wholesale and distribution of manufactured products, supplies, equipment, which may include terminal facilities for handling freight and related maintenance facilities. All items shall be stored within a completely enclosed building, and storage of hazardous chemicals is prohibited.
[Added 12-30-2021 by Ord. No. 832]
WATERCOURSE
Any land area or structure either naturally formed or artificially designed for the storage, passage, retention or flow of water, including but not limited to lakes, ponds, streams, canals, ditches or swales.
WIND ENERGY-GENERATING FACILITY
A wind turbine and all associated equipment, including the base, blade, foundation, nacelle, rotor, tower, transformer, vein, wire, inverter, batteries and other components necessary to fully utilize wind power.
[Added 11-19-2009 by Ord. No. 643]
YARD
An open space on the same lot with the principal building, unobstructed by building structures from the ground surface to the sky, except as otherwise provided in Upper Deerfield Township Development Regulations.
YARD, FRONT
A yard extending across the entire width of the lot between the street right-of-way line and a parallel line across the lot at which the front of the principal building may be located. The setback line shall be synonymous with the rearmost limit of the required front yard area.
YARD, REAR
A yard extending across the whole width of the lot between the rear line of the lot and the nearest line at which any principal building may be located on the lot. The depth of a rear yard shall be measured at right angles to the rear line of the lot or, if the lot is not rectangular, then in the general direction of its side lot lines and midway between them.
YARD, SIDE
A yard extending along the side lot line from the front yard to the rear yard or, in the case of through lots fronting on two streets, between the front yard lines. The width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel to the side lot line.
ZONING PERMIT
A document issued and signed by the Zoning Officer, which:
A. 
Is required by this chapter as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building.
B. 
Acknowledges that such use, structure or building complies with the provisions of this chapter or a variance therefrom duly authorized by a municipal agency pursuant to N.J.S.A. 40:55D-60 and 40:55D-70.
[1]
Editor's Note: In this definition and throughout the Code references to the "Zoning Board of Adjustment" are deleted or changed to the "Planning Board." Ord. No. 649, adopted 12-30-2009, abolished the Zoning Board of Adjustment and transferred its powers to the Planning Board.
[2]
Editor's Note: See "Planning Board" in this section and § 405-93, Functioning as ZBA.
[3]
Editor's Note: See this chapter; Ch. 165, Construction Codes, Uniform; and Ch. 303, Property Maintenance, respectively.
[4]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
[5]
Editor’s Note: The former definition of “earth extraction,” which immediately followed this definition, was repealed 2-15-2018 by Ord. No. 771.
[6]
Editor's Note: The original definition of "garden apartment" was deleted 8-2-1990 by Ord. No. 360.
[7]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.