Township of Robbinsville, NJ Article II Definitions and Word Usage

§ 142-7 Definitions; word usage.

A. Word usage. For the purposes of this chapter, certain phrases and words are herein defined as follows: words used in the present tense include the future; words used in the singular number include the plural number and vice versa; the word "used" shall include "arranged," "designed," "constructed," "altered," "converted," "rented," "leased" or "intended to be used"; the word "lot" includes the words "plot," "premises" and "tract"; the word "building" includes the words "structure," "dwelling" or "residence"; the word "shall" is mandatory and not discretionary; and the word "may" indicates a permissive action. Any word or term not defined herein shall be used with a meaning of standard usage. Moreover, whenever a term is used in this chapter which is defined in N.J.S.A. 40:55D-1 et seq., such term is intended to have the meaning as defined in N.J.S.A. 40:55D-1 et seq., unless specifically defined otherwise in this chapter.

B. When used in this chapter, the following terms shall have the meanings herein ascribed to them:

ABUTTING

Having a common border with, or being separated from such common border by an alley or easement.

ACCESS

A means of vehicular approach or entry to or exit from property.

ACCESSORY BUILDING or ACCESSORY STRUCTURE

A structure or building detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use.

ACRE

Forty-three thousand five hundred sixty square feet.

ADMINISTRATIVE OFFICER

The Director of Community Development or his/her designee who shall be responsible for the review of any development applications which affect the areas of the Township which are subject to this chapter and any other duties set forth in this chapter.

[Amended 4-23-2021 by Ord. No. 2021-13]

ADMINISTRATIVE SITE PLAN REVIEW

The professional examination and review of documents submitted for site improvements on a lot for a single-family home, or other site improvements, that do not require site plan approval from a board of jurisdiction or technical review committee. Review of plans and documents and any other professional services that may be required shall be in accordance with the provisions of this chapter.

[Added 10-10-2013 by Ord. No. 2013-23]

ADULT BOOKSTORE

An establishment devoted to sale, rental or distribution of pornographic books, magazines, pamphlets, photographs, motion pictures, phonograph records and video and audio tapes devoted to the presentation and exploitation of illicit sex, lust, passion, depravity, violence, brutality, nudity, immorality, and other obscene objects; etc., used in connection with the aforementioned purposes.

ADVERSE EFFECT

Conditions or situations creating, imposing, aggravating or leading to impractical, unsafe, visually unacceptable or unsatisfactory conditions on a subdivided property or adjacent property, such as improper circulation and drainage rights-of-way as defined in N.J.S.A. 40:55D-6, as amended, inadequate drainage facilities, insufficient street widths, unsuitable street grades, unsuitable street locations to accommodate prospective traffic or coordinate and compose a convenient system, improper screening, location of lots, structures and parking in an inappropriate manner for the intended purposes without danger to health and welfare or peril from flood, fire, erosion, noise or other menace, providing for lots of insufficient size and neither providing nor making future allowance for access to the interior portion of the lot or for other facilities required by this chapter. Also, any condition or situation existing or proposed adverse to the purposes for which zoning and planning ordinances may be adopted as defined by statute or case law; provided, however, the condition or situation is not expressly permitted beyond.

AFFORESTATION

The establishment of a biological community dominated by trees and other woody plants, at a density of at least 100 trees per acre with at least 50 of the trees having the capability of growing to a diameter of two inches or more within seven years, over an area that has not had forest cover for a long period of time.

AGE-RESTRICTED HOUSING

A housing unit which is restricted for occupancy to persons who are at least 55 years of age or older so as to qualify as "housing for older persons" within the exemption provisions of Title VII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, the Housing for Older Persons Act of 1995 and any subsequent amendments thereto.

AGRICULTURAL ACTIVITY

Farming, including plowage, tillage, cropping, installation of best management practices, seeding, cultivating, and harvesting for the production of food and fiber products (except commercial logging and timber operations); grazing and raising of livestock; aquaculture; nursery; and the cultivation of products as part of a recognized commercial enterprise.

AGRICULTURAL SOILS, PRIME

The soils which are best suited for the production of food, feed and other crops. Prime agricultural soils meet the following criteria:

(1) They have an adequate moisture supply, either by natural rainfall or irrigation, and have good water-storage capacity;

(2) They have a mean annual temperature and growing season necessary for high crop yields;

(3) They are neither too acid nor too alkaline for vigorous plant growth;

(4) The water table is either lacking or so deep that it does not adversely affect plant growth;

(5) The soils are neither very salty nor high in sodium;

(6) They are not flooded more often than once in two years during the growing season;

(7) They do not have serious erosion hazards;

(8) They have a permeability rate of at least 0.06 inch per hour in the upper 20 inches; and

(9) The surface soils are not so stony as to hinder farming operations with large machines.

(10) They have a medium to high production index.

AGRICULTURAL USE

The use of land for common farm site activities, including but not limited to production, harvesting, storage, grading (of produce), packaging, processing and the wholesale and retail marketing of crops, plants, animals and other related commodities and the use and application of techniques and methods of soil preparation and management, fertilization, weed, disease and pest control, disposal of farm waste, irrigation, drainage and water management, and grazing.

AIRPORT

The Trenton-Robbinsville Airport located in the Township of Robbinsville, Mercer County, New Jersey.

ALTERATIONS OR ADDITIONS, STRUCTURAL

A change, rearrangement or improvement in the structural parts or existing facilities of a building or structure, whether by extension in any direction or by any increase in height or by movement from one location or position to another.

AMATEUR RADIO ANTENNA

Any antenna that is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communications Commission.

[Amended 2-23-2012 by Ord. No. 2012-1]

AMUSEMENT ARCADE

Any place of business containing more than three amusement devices.

AMUSEMENT DEVICE

Any machine, contrivance, or device, which, upon the insertion of a coin, slug, token, plate, disc or key into a slot, crevice, or other openings, or by the payment of any price, is operated or may be operated by the public generally for use as a game, entertainment, or amusement, whether or not registering a score, and shall include electronically operated game operations but shall not include pool or billiard tables.

APARTMENT

A dwelling unit contained in a building comprising three or more dwelling units, two of which have an entrance to a hallway or entry porch/foyer in common with each other.

APPEAL

A means for obtaining review of a decision, determination, order or failure to act pursuant to the terms of this chapter.

APPLICANT

The landowner or the agent, optionee, contract purchaser or other person authorized to act for and acting for the landowner submitting an application under this chapter.

APPLICATION FOR DEVELOPMENT

The application or appeal forms and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction for the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.

APPROVED FORESTER

A forester who is listed with the State of New Jersey Department of Environmental Protection, Division of Parks and Forestry, as being eligible to attest that a landowner is in compliance with the woodland management plan and program.

ARTERIAL ROAD OR STREET

The highest order of roads, including Route 130, Route 33 and the proposed loop road, but not including the limited access roads like the Turnpike. These roads have a minimum right-of-way (ROW) of 120 feet. Frontage for residential is not allowed and commercial has limited frontage.

ATTIC

That part of a building which is immediately below and wholly or partly within the roof framing, and not approved for habitation.

BASEMENT

A story partly underground and typically used for storage. Bedrooms shall be prohibited unless the basement has at least two means of egress, one of which must be located within the bedroom. Also referred to as a "cellar."

[Amended 12-12-2022 by Ord. No. 2022-44]

BASE SITE AREA

A calculated area including inside surveyed property lines measured in acres. Acres must be expressed to the 1/100 of an acre. Commonly referred to as the "gross site area."

BEDROOM

A room occupied or intended to be occupied for sleeping purposes, which also contains a closet or other permanently installed area to be used for storage purposes and having access to a bathroom without passing through another bedroom.

[Amended12-12-2022 by Ord. No. 2022-44]

BILLBOARD

Any structure or portion thereof on which letters or pictorial matter is displayed for the purposes of advertising a business product or use not conducted or produced on the same premises.

BOARD OF JURISDICTION

The Land Use Board of the Township of Robbinsville, depending on the application and the appropriate jurisdictional requirements for the same.

[Amended 7-20-2022 by Ord. No. 2022-27]

BUFFER

An area of a specified minimum width, which shall be vacant, except for landscaping, fence or wall, as required and approved by the Board, and which is established to shield the noise and view of activities on a lot surrounding properties and/or to provide a transition between activities or structures of unequal intensity, character or appearance.

BUFFER YARD

A unit of land, together with a specified type and amount of planting thereon, and any structures which may be required between land uses to eliminate or minimize conflicts between them.

BUILDING

Any structure having a roof supported by columns, piers or walls, including tents, dining cars, or having other supports, and any unroofed platform, terrace or porch having a vertical face higher than three feet above the level of the ground from which the height of the building is measured. Any construction with interior areas not normally accessible for human use, such as gas holders, oil tanks, water tanks and other similar constructions, are not considered as "buildings," but as structures. A structure built, maintained or intended for use for the shelter or enclosure of persons, animals or property of any kind. The term is inclusive of any part thereof. Where independent units with separate entrances are divided by party walls, the composite of the units is a building.

BUILDING AREA

The total of areas of outside dimensions on a horizontal plane at ground level of the principal buildings and all accessory buildings.

BUILDING COVERAGE

The proportion of the lot area, expressed as a percentage of total lot area, that is covered by the horizontal plane around the periphery of the foundations of the principal buildings and all accessory buildings, which shall also include the area under the roof of any structure supported by columns, but not having walls, as measured around the outside of the outermost extremities of the roof above the columns.

BUILDING FRONT

That exterior wall of a building which faces a front lot line of the lot. This is not to be confused with the visual front, which may contain the front and part or all of the side elevations.

BUILDING HEIGHT

The vertical distance measured to the highest average point from the mean elevation of the finished grade along the side(s) of the building facing a street or to the street line. On a corner lot, the height shall be measured on the street having the greatest slope. In all cases where this chapter provides for height limitations by reference to a specified height and a specified number of stories, the intent is to limit height to the specified maximum footage and the specified number of stories within the footage. This height limitation shall not include chimneys, cupolas or steeples.

BUILDING LINE

A line on a lot, generally parallel to a lot line or road right-of-way line, located a sufficient distance therefrom to provide the minimum yards required by this chapter. The building line delimits the area in which buildings, including porches, window projections and balcony overhangs, are permitted subject to all applicable provisions of this chapter.

BUILDING, PRINCIPAL

A building in which is conducted, or in which is intended to be conducted, the main or principal use of the lot on which it is located.

CALIPER

American Association of Nurserymen standard for trunk measurement of nursery stock. Caliper of the trunk shall be taken six inches above the ground for and up to and including four-inch caliper size, and 12 inches above the ground for larger sizes.

CAMPER

(1) A self-propelled, vehicular structure built as one unit on a chassis and designed for temporary living for travel, recreation, vacation or other short-term uses, which may contain cooking, sleeping and sanitary facilities.

(2) An immobile structure containing cooking and sleeping facilities for travel, recreation, vacation or other short-term use and designed to be attached to the body of another vehicle for transporting from one location to another.

(3) A portable, vehicular structure built on a chassis, designed for camping, the body of which is basically rectangular with a flat top not more than four feet above the surface to the ground. The "camper" is designed to have a temporary tent erected above the four-foot level for camping activities.

(4) A portable structure built on a chassis, designed for towing and as a temporary dwelling for travel, recreation, vacation and other short-term uses, and having an outside body width not exceeding eight feet and a length not exceeding 30 feet, and which may contain cooking, sleeping and sanitary facilities.

CANNABIS

All parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured in accordance with the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:6I-32 et seq., for use in cannabis products as set forth in that act, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. "Cannabis" does not include medical cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, N.J.S.A. 24:6I-1 et seq., and N.J.S.A. 18A:40-12.22 et seq.; "marijuana" as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, N.J.S.A. 2C:35B-1 et seq., or "marihuana" as defined in N.J.S.A. 24:21-2 and applied to any offense set forth in the New Jersey Controlled Dangerous Substances Act, N.J.S.A. 24:21-1 et seq.; or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, N.J.S.A. 4:28-6 et seq.

[Added 9-8-2022 by Ord. No. 2022-36]

CANNABIS CULTIVATOR

Any licensed person or entity that grows, cultivates, or produces cannabis in this state, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 1 cannabis cultivator license from the State of New Jersey.

[Added 9-8-2022 by Ord. No. 2022-36]

CANNABIS DELIVERY SERVICE

Any licensed person or entity that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which, after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer. This person or entity shall hold a Class 6 cannabis delivery license from the State of New Jersey.

[Added 9-8-2022 by Ord. No. 2022-36]

CANNABIS DISTRIBUTOR

Any licensed person or entity that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment, and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities. This person or entity shall hold a Class 4 cannabis distributor license from the State of New Jersey.

[Added 9-8-2022 by Ord. No. 2022-36]

CANNABIS ESTABLISHMENT

A cannabis cultivator, cannabis manufacturer, or cannabis wholesaler, but not a cannabis distributor, cannabis retailer, or a cannabis delivery service.

[Added 9-8-2022 by Ord. No. 2022-36]

CANNABIS ITEM

Any usable cannabis, cannabis product, cannabis extract, and any other cannabis resin. "Cannabis item" does not include any form of medical cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, N.J.S.A. 24:6I-1 et seq., and N.J.S.A. 18A:40-12.22 et seq. or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, N.J.S.A. 4:28-6 et seq.

[Added 9-8-2022 by Ord. No. 2022-36]

CANNABIS MANUFACTURER

Any licensed person or entity that processes cannabis items in this state by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, or packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 2 cannabis manufacturer license from the State of New Jersey.

[Added 9-8-2022 by Ord. No. 2022-36]

CANNABIS RETAILER

Any licensed person or entity that purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, and sells these to consumers from a retail store, and may use a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers. A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer. This person or entity shall hold a Class 5 cannabis retailer license from the State of New Jersey.

[Added 9-8-2022 by Ord. No. 2022-36]

CANNABIS WHOLESALER

Any licensed person or entity that purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers. This person or entity shall hold a Class 3 cannabis wholesaler license from the State of New Jersey.

[Added 9-8-2022 by Ord. No. 2022-36]

CARETAKER'S RESIDENCE

A dwelling unit which is used exclusively by either the owner, owner's agent, manager or operator of a principal permitted use and which is located on the same parcel as the principal use.

CARTWAY

The hard or paved surface portion of a street customarily used by vehicles in the regular course of travel. Where there are curbs, the cartway is that portion between the curbs. Where there are no curbs, the cartway is that portion between the edges of the paved or graded width.

CEMETERY

A burial ground.

CERTIFICATE OF APPROVAL

A certificate issued by the Zoning Officer to the Construction Official upon the satisfactory completion of applicable requirements of this chapter for the issuance of a certificate of occupancy by the Construction Official.

CERTIFICATE OF OCCUPANCY

A certificate issued by the Construction Official upon completion of the construction of a new building or upon a change in the occupancy of a building which certifies that all requirements of this chapter, or such adjustments thereof, which have been granted by the Land Use Board, and all other applicable requirements have been complied with, including but not limited to the issuance of a building permit.

[Amended 7-20-2022 by Ord. No. 2022-27]

CERTIFIED LANDSCAPE ARCHITECT

An individual who is certified as a landscape architect by the New Jersey Board of Architects and is in good standing with the New Jersey Board of Architects.

CERTIFIED TREE EXPERT

A person who has been certified as a certified tree expert by the Board of Tree Experts and is in good standing with the Board of Tree Experts.

CHANGE IN USE

(1) Any permitted use that substantially differs from the previous use of a building or land involving any of the following:

(a) The addition of parking spaces based upon the parking requirements of this chapter.

(b) A significant increase 10 or more during a weekly period) in the amount of truck deliveries to the property.

(c) A significant change in the hours of operation from the previous use (a deviation of four or more hours in the morning and/or evening).

(d) The storage or handling of chemicals or hazardous substances.

(e) Proposed changes in intensity of exterior lighting representing a deviation from a previously approved site plan.

[Amended 2-23-2012 by Ord. No. 2012-1]

(2) A permitted use that does not meet the foregoing criteria can be considered a change of occupancy that does not require site plan approval. Subsection (1)(b), (c) and (d) above shall not be applicable in the PCD or OW Zoning Districts.

[Amended 2-23-2012 by Ord. No. 2012-1]

CHILD-CARE CENTER

An establishment providing for the care, supervision, and protection of children that is licensed by the State of New Jersey pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.).

CHURCH

See "house of worship."

CLEARING

Any intentional or negligent act to cut down, remove all or a substantial part of, or damage a tree or other vegetation that will cause the tree or other vegetation to decline and/or die. Such acts shall include but not be limited to damage inflicted upon the root system of the vegetation by the application of toxic substances, by the operation of equipment and vehicles, by storage of materials, by the change of natural grade due to excavation or filling, or by the alteration of natural physical conditions.

COLLECTOR ROAD OR STREET

A roadway having access from arterials with a minimum ROW of 80 feet.

COLUMBARIUM

A structure of vaults lined with recesses for cinerary urns.

COMMERCIAL FOREST

Forestland that is producing or is capable of producing forest products.

COMMERCIAL LOGGING AND TIMBER HARVESTING

The cutting and removal of trees from a site for commercial purposes, leaving the root mass intact.

COMMON PROPERTY

A parcel of land or an area of water, or a combination of land and water, together with the improvements thereon, designed and intended for ownership, use and enjoyment shared by the residents and owners of the development. "Common property" may contain agricultural or wooded lots or such complementary structures and improvements as are necessary and appropriate for the benefit of the residents and owners of the development.

COMPLETE APPLICATION

An application form completed as specified by this chapter and the rules and regulations of Robbinsville Township and all accompanying documents required by this chapter for approval of the application for development, including, where applicable, but not limited to, a site plan or subdivision plat, provided that the municipal agency may require such additional information not specified in this chapter or revisions to the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met, including visual quality and landscaping. The application shall not be deemed incomplete for lack of such additional information or any revisions to the accompanying documents so required by the municipal agency. An application shall be certified as complete immediately upon the meeting of all requirements specified in this chapter and in the rules and regulations of Robbinsville Township and shall be deemed complete as of the day it is so certified by the administrative officer for the purposes of the commencement of the time period for action by the appropriate municipal agency.

COMPREHENSIVE PLAN

A composite of the Robbinsville Master Plan elements, including all accompanying maps, charts and explanatory material adopted by the Land Use Board with all amendments thereto.

[Amended 7-20-2022 by Ord. No. 2022-27]

COMPRESSED NATURAL GAS SERVICE STATION

A service station at which the only fuel dispensed is natural gas.

[Added 7-13-2021 by Ord. No. 2021-20]

CONDITIONAL USE

A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use and upon the issuance of an authorization therefor by the Land Use Board.

[Amended 7-20-2022 by Ord. No. 2022-27]

CONDOMINIUM

The form of ownership of real property under a master deed pursuant to N.J.S.A. 46:8B-1 et seq.

CONSTRUCTION OFFICIAL

The Construction Official of the Township of Robbinsville, as the case may be, when acting pursuant to the Municipal Land Use Law,[1] this chapter and the New Jersey Uniform Construction Code.

CONSTRUCTION PERMIT

Legal authorization for the erection, alteration or extension of a structure.

CONTINUING CARE RETIREMENT COMMUNITY or CONGREGATE AND COMMUNAL ELDERLY HOUSING

A housing unit or residential facility which is restricted for occupancy to persons 62 years of age or older which provides various levels of residential accommodations and care and may include residential, assisted living and nursing home accommodations. Such housing or residences could provide various levels of support services including such things as meals, transportation, maintenance, housekeeping, activities, fitness center, entertainment, chaplain, emergency response, utilities and home health care.

CONVENIENCE STORE

A retail establishment selling primarily food products, tobacco products, household items, newspapers and magazines, candy and beverages, a limited amount of freshly prepared food such as sandwiches and salads for off-premises consumption, and is customarily open 15 hours to 24 hours per day.

[Amended 6-27-2016 by Ord. No. 2016-17]

CORNER LOT

See "lot, corner."

COURT

An open landscaped unoccupied space, either on the ground or above, excepting the roof, and not a front, side or rear yard, and bounded on at least two sides by a building.

CRITICAL ROOT ZONE

A region measured outward from a tree trunk representing the essential area of the roots that must be maintained or protected for the tree's survival. At a minimum, the area shall be shown as a circular area around the tree trunk extending 1.5 feet of radial distance for every inch of tree DBH, with a minimum of eight feet. For trees over 24 inches DBH, a probe shall be used in the field to determine the extent of the root zone.

CROWN

The aboveground parts of a tree consisting of the branches, stems, buds, fruits, and leaves. May also be referred to as "canopy."

CUL-DE-SAC

The turnaround at the end of a dead-end street.

CURB

An assembly of materials consisting of either granite block stone or poured concrete, forming a boundary structure to delineate the edge of the roadway or paved area. (See also Residential Site Improvement Standards for residential property development.)

CURB CUT

The opening along the curb at which point vehicles may enter or leave the roadway.

DAY-CARE CENTER

A facility duly licensed by the New Jersey State Department of Institutions and Agencies for the daytime accommodation of children.

DBH

Diameter-at-breast-height tree trunk diameter measured at a height of 4.5 feet above the ground. If a tree splits into multiple trunks below 4.5 feet, the trunk is measured at its most narrow point beneath the split.

DECK

A nonroofed, above grade structure that extends from a dwelling or other structure or is freestanding, and that rises more than 12 inches above grade at any one point. A deck shall be considered part of the building area, except that it shall not be included in floor area ratio.

DEDICATION

The transfer of property interests from private to public ownership for a public purpose. The transfer may be of fee-simple interest or of a less-than-fee interest, including an easement.

DENSITY, DEVELOPABLE

A development intensity measure expressed as the number of units per acre of net buildable site area. The net buildable site area is the buildable portion of a site as determined by development suitability analysis.

DENSITY, GROSS

The quotient of the total number of dwelling units divided by the base site area of a site.

DEVELOPER

The legal or beneficial owner(s) of a lot or parcel of any land proposed for inclusion in a development/subdivision or rehabilitation, including the holder of an option or contract to purchase.

DEVELOPMENT

The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any buildings; any use or change in use of any buildings or land; any extension of any use of land or any clearing, grading, or other movement of land, for which permission shall be required pursuant to this chapter, or any other ordinance, statute or law.

DEVELOPMENT REGULATION

Zoning, subdivision, site plan, official map or other municipal regulation of the use and development of land or amendment thereto adopted and filed pursuant to the Municipal Land Use Law.[2]

DOMESTIC ANIMAL

An animal which customarily eats and sleeps within the same dwelling unit occupied by its owners and which, when housed out of doors, requires not more than 100 cubic feet of shelter space.

DRAINAGE

The removal of surface water or groundwater from land by drains, grading or other means as defined by N.J.S.A. 40:55D-4.

DRAINAGE AND UTILITY RIGHT-OF-WAY

The lands required for the installation and maintenance of stormwater and sanitary sewers, water pipes or drainage ditches and other utilities, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.

DRAINAGEWAY

Minor watercourses which are identified either by soil types associated with streams or by the presence of intermittent or perennial streams.

DRIPLINE

A vertical line extending from the outermost edge of the tree canopy or shrub branch to the ground.

DRIVEWAY

A paved or unpaved area used for ingress or egress of vehicles and allowing access from a street to a lot, building or other structure or facility.

DUPLEX

Two units separated with a vertical wall and called a "horizontal duplex." If separated by a horizontal, fireproofed floor, except for an entry stair, the unit is called a "vertical duplex."

DWELLING

Any building or portion thereof which is designated or used for residential purposes.

DWELLING, ATTACHED

Three or more adjoining dwelling units, each of which is separated from the others by one or more unpierced walls from ground to roof.

DWELLING, MULTIPLE-FAMILY

A building containing more than two residential dwelling units each with its own sleeping, cooking and sanitary facilities and one or more outside walls. Such term shall not include motels.

DWELLING, SEMIDETACHED

Two dwelling units, each of which is attached side to side, each one sharing only one common wall with the other. The common wall can be on the property line and can be limited to sharing a common garage wall.

DWELLING, SINGLE-FAMILY DETACHED

A dwelling designed for and occupied by not more than one family and having no roof, wall, or floor in common with any other dwelling unit, and which has its own sleeping, cooking, sanitary and general living facilities.

DWELLING, TWO-FAMILY

A building containing two residential dwelling units only, each having separate entrances on the first floor, each independent of each other, and each with its own sleeping, cooking and sanitary facilities. The dwelling units shall be entirely separated from one another by vertical walls or horizontal floors, unpierced except for access to the outside or to a common basement.

DWELLING UNIT

A room or series of connected rooms containing living, cooking, sleeping and sanitary facilities for one housekeeping unit. The dwelling unit shall be self-contained and shall not require passing through another dwelling unit or other indirect route(s) to get to any portion of the dwelling unit, nor shall there be shared facilities with another housekeeping unit.

EASEMENT

Authorization by a property owner for the use by another and for a specified purpose of any designated part of his property.

EASEMENT, AGRICULTURAL CONSERVATION

An easement given for agricultural, nursery or other farm purposes.

EASEMENT, CONSERVATION

An encumbrance which creates a legally enforceable land preservation agreement between a landowner and a government agency for the purposes of conservation. It restricts real estate development, commercial and industrial uses, and certain other activities on a property to a mutually agreed upon level. The restrictions are specifically defined and are a part of a recorded legal document that is recorded with the county clerk and becomes part of the chain of title for the property.

EASEMENT, DEVELOPMENT

An interest in land that is less than fee-simple title that enables the owner to develop the land for any nonagricultural purpose as determined by the provisions of this chapter.

ERODIBLE SOIL

Any soil that is identified by the USDA Natural Resources Conservation Service as being susceptible to erosion based on topography and various soil characteristics.

EROSION

The detachment and movement of soil or rock fragments by water, wind, ice or gravity.

EXCEPTION

Permission granted by the Land Use Board to deviate from the requirements of subdivision or site plan checklists, or from design standards, which deviations are reasonable and within the general purpose and intent of the regulations.

[Amended 2-23-2012 by Ord. No. 2012-1; 7-20-2022 by Ord. No. 2022-27]

EXPANSION OF USE

The measurable addition to, enlargement of or increase in the structure(s) or parking area(s) necessary to a land use activity or the level at which such activity is carried on, including, but not limited to, noise, glare, traffic or other measurable effects generated by the activity.

EXTERIOR STORAGE

Outdoor storage of fuel, raw materials, products, and equipment. In the case of lumberyards, exterior storage includes all impervious materials stored outdoors. In the case of truck terminals, exterior storage includes all trucks, truck beds, and truck trailers stored outdoors.

FAMILY

One or more persons related by blood, marriage, civil union, domestic partnership, adoption or guardianship, or not more than six persons not so related occupying a dwelling unit and living as a single housekeeping unit.

FARM

Principal uses: a lot of at least five acres, excluding residential structures and grounds, gainfully used for the growing and harvesting of crops and/or the raising and breeding of livestock, including truck farms, fruit farms, nurseries and greenhouses, dairies and livestock produce.

FARMSTEAD

The principal residence of a farmer's household and the accessory uses of a farm.

FAST-FOOD RESTAURANT

See "restaurant, fast food."

FENCE

Any artificially constructed barrier designed to enclose, separate, shield, screen or protect any portion of a lot, made of wood, vinyl, metal or masonry structure.

FILLING

The depositing on land, whether submerged or not, of sand, gravel, earth, or other materials or any composition whatsoever.

FLOODPLAIN

Located either along stream corridors or inland depressional areas. "Floodplains" are those areas contiguous with a stream or streambed whose elevation is greater than the normal waterpool elevation but equal to or lower than the projected one-hundred-year flood elevation. Inland depressional floodplains not associated with a stream system but which are low points to which surrounding land drains. The water surface created by the one-hundred- and/or five-hundred-year flood elevation.

FLOOR AREA

The sum of the gross floor area for each of the building's stories measured from the exterior limits of the structure. The floor area of a building includes basement floor area, if depressed less than 50% below the average finished ground level, and includes attic floor area only if the attic area meets the Robbinsville Building Code standards for habitable floor area. It does not include cellars. It includes unenclosed porches and balconies and any covered floor space in an accessory building or in the principal building which is designed for the parking of motor vehicles in order to meet the parking requirements of this chapter.

FLOOR AREA RATIO

The sum of the floor area of all floors of buildings or structures compared to the total area of the site, expressed as a percentage.

FOREST

A biological community dominated by trees and other woody plants covering a land area of 10,000 square feet or greater. "Forest" includes areas that have at least 100 trees per acre with at least 50% of those trees having a two-inch-or-greater diameter at 4.5 feet above the ground, and forest areas that have been cut but not cleared. An orchard is not a forest.

FOREST MANAGEMENT PLAN

A plan establishing best conservation and management practices for a landowner and approved by the New Jersey Department of Environmental Protection, Division of Parks and Forestry, or prepared by an approved forester.

FREIGHT FORWARDING WAREHOUSE

A facility whose principal use involves the transferal of goods from one truck to another while such goods are en route from their origin to their destination.

GARAGE

A building or structure used or intended to be used for the parking and storage of motor vehicles.

GARAGE, PRIVATE

An accessory building or structure or portion of a main building or structure primarily for the parking of one or more motor vehicles as an accessory use and maintained for the convenience of the resident occupant of the premises and where no service is rendered to the public or business conducted therein.

[Amended 12-16-2021 by Ord. No. 2021-32]

GARAGE, PUBLIC

A building or part thereof, other than a private garage, used for the storage, care or repair of motor vehicles customarily used for private transportation, local school buses, commercial vehicles, farm equipment and farm vehicles. A public garage shall not be used for the storage of dismantled or wrecked motor vehicles or machinery or parts thereof or for the collection, storage and sale of wastepaper, rags, scrap metal or discarded material.

GARDEN APARTMENT

A building containing a minimum of six dwelling units and two stories in height. Three or more units sharing a common entrance surrounded on the front and sides by a yard/garden for a minimum of 30 feet with 15 feet on the rear.

GARDEN CENTER

A place of business where retail and wholesale products and produce are sold to the retail consumer. These centers, which may include a nursery or greenhouses, import most of the items sold. These items may include plants, nursery products and stock, fertilizers, potting soil, hardware, power equipment and machinery, hoes, rakes, shovels, and other garden and farm tools and utensils.

GASOLINE STATION

See "service station."

[Amended 7-13-2021 by Ord. No. 2021-20]

GOLF COURSE

An area of 75 or more contiguous acres, containing at least nine holes in length, together with the necessary and usual accessory uses and structures, such as, but not limited to, clubhouse facilities, dining and refreshment facilities, swimming pools, tennis courts and the like, provided that the operation of such facilities is accessory to the operation of the golf course.

GRADE

The average finished ground elevation adjoining a building at project completion or the slope of a road, path, driveway, swales or other surfaces.

GREENHOUSE

An enclosed building, permanent or portable, which is used for the growth of small plants.

GROSS DENSITY

The total number of units to be constructed or the total number of separate building lots to be created on a tract of land based on calculations of its size, which calculations shall encompass all portions of the tract, unless otherwise specifically excluded by this chapter.

GROSS FLOOR AREA

The sum of the floor areas of all stories of a building, as measured by the outside dimensions of the building, and excluding cellars, attics and patios. In nonresidential structures, only those floor areas having a ceiling height of eight feet or more or used for storage space shall be included in the gross floor area. In residential structures, only those floor areas having the minimum ceiling height as prescribed by the Uniform Construction Code of the State of New Jersey shall be included in the gross floor area.

GROUP DWELLING

The residence of a group of six or more persons, not related by blood, marriage, civil union, domestic partnership, adoption or guardianship and living together as a single housekeeping unit.

GROWING SEASON

A period of consecutive frost-free days as stated in the current soil survey for the county.

HEDGEROW

A landscape feature typically found along property boundaries in rural areas. Hedgerows are characterized by a mix of native vegetation and successional plant material arranged in a linear fashion.

HEIGHT OF STRUCTURE

The vertical distance measured from the lowest ground elevation to the highest point on such structure.

HISTORIC DISTRICT

One or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.

HISTORIC SITE

Any real property, man-made structure, natural object or configuration or any portion or group of the foregoing which has been formally designated in the Master Plan as being historical, archaeological, cultural, scenic or architecturally significant.

HOME-BASED BUSINESS or HOME OCCUPATION

A business, profession, occupation or trade conducted for gain or support and located entirely within a residential building or a structural accessory thereto, which use is accessory, incidental and secondary to the use of the building for dwelling purposes and does not change the essential residential character or appearance of such building.

HOTEL

A facility designed to and offering transient lodging accommodations to the general public and which may include additional facilities and services, such as restaurants, meeting rooms, entertainment, personal services, and recreational facilities. "Hotel" does not include a transient accommodation as defined by this chapter.

[Amended 11-22-2019 by Ord. No. 2019-48]

HOTEL/MOTEL CONVENTION CENTER

An establishment consisting of 100 or more individual sleeping units designed for transient travelers and not for permanent residents and further consisting of at least one restaurant and a minimum of 5,000 additional square feet of space devoted to banquet and/or meeting halls, auditoriums or conference rooms.

HOUSEHOLD

A family living together in a single dwelling unit, with common access to and common use of all living and eating areas and all areas and facilities for the preparation and serving of food within the dwelling unit.

HOUSE OF WORSHIP

A building or structure, or groups of buildings or structures, that by design, construction, or alteration are primarily intended for conducting organized religious services and associated accessory uses.

IMPERVIOUS COVER OR SURFACE RATIO

A measure of the intensity of land use which is determined by dividing the total area of all impervious surfaces on a site by base or gross site area.

IMPERVIOUS SURFACE

Any material which does not absorb water. They consist of all buildings, parking areas, driveways, roads, sidewalks, swimming pools, patios and any areas of concrete or asphalt. In the case of lumberyards, areas of stored lumber and masonry constitute impervious surfaces. Streams, water bodies, detention and retention basins are included as impervious surface.

[Amended 2-23-2012 by Ord. No. 2012-1]

INTERESTED PARTY

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 outside of the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter, or whose right to use, acquire or enjoy property under this chapter or under any ordinance of this municipality or any law of the State of New Jersey or of the United States is alleged to have been denied, violated or infringed by an action or a failure to act under N.J.S.A. 40:55D-1 et seq.

JUNKYARD

The use of any space, whether inside or outside a building, for the storage, keeping, or abandonment of scrap metals, paper, rags, glass, brush, wood, lumber, building materials, or other scrap materials, or other reclaimable materials, or for the dismantling, demolition, or abandonment of automobiles or other vehicles or machinery or parts thereof.

KENNEL

Any place in or at which any number of dogs are kept for the purpose of sale or in connection with boarding care or breeding.

LAKES and PONDS

Natural or artificial bodies of water which retain water year round. A lake is a body of water of two or more acres. A pond is a body of water of less than two acres. Artificial ponds may be created by dams or may result from excavation. The shoreline of such bodies of water shall be measured from the maximum condition rather than from the permanent pool in the event of any difference due to drainage.

LAND

Ground, soil or earth including improvements and fixtures on, above or below the surface.

LAND DISTURBANCE

Any activity involving the clearing, cutting, excavating, filling, grading and any other activity which causes land to be exposed to the danger of erosion.

LAND DISTURBANCE PERMIT

A soil erosion/sedimentation control permit as required by the Mercer County Soil Conservation District.

LIMITS OF DISTURBANCE

A clearly designated area within which land disturbance is slated to occur, and outside of which no disturbance or clearing will take place.

LOADING SPACE

An off-street space or berth, of sufficient horizontal dimensions, on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading or unloading.

LOT

A parcel of land undivided by any street or private road and occupied by, or designated to be developed for, one building or principal use and the accessory buildings or uses customarily incidental to such building, use, or development, including such open spaces and yards as are designed and arranged or required by this chapter for such building, use, or development. Any parcel of land separated from other parcels or portions as by a subdivision plat or deed of record, survey map or by metes and bounds, except that, for purposes of this chapter, contiguous undersized lots under one ownership shall be considered one "lot," and except further that no portion of a street shall be included in calculating the lot boundaries or areas. For the purposes of this definition, creation of a public or private street having a separate lot designation will not be considered a lot as defined herein, and therefore will not be required to comply with the bulk requirements set forth in this Land Use Ordinance.

[Amended 10-11-2012 by Ord. No. 2012-17]

LOT AREA

The area contained within the lot lines of a lot, not including any portion of a street right-of-way, and expressed in square feet or acres.[3]

LOT, CORNER

A lot abutting two or more streets at their intersection. A lot on the junction of and abutting two or more intersecting streets where the interior angle of intersection does not exceed 135°. Lot lines not defined as front lot line shall be considered side lot lines.

[Amended 2-23-2012 by Ord. No. 2012-1]

(1) Every portion of a corner lot which abuts a street shall be considered a front yard, and the front yard setback requirements for the zone in which the lot is situated shall be complied with on every street frontage. All yards not meeting the definition of a front yard shall be considered to be side yards and shall meet the side yard requirements of this chapter. There shall be no requirement for a rear yard on a corner lot.

(2) The lot width shall be measured along each required front yard setback line between the side property line and the most nearly opposite street right-of-way line.

(3) The "combined side yard" requirements shall be met on both street frontages separately, and shall be calculated for each street frontage using the respective side yard and front yards.

LOT COVERAGE

A percentage figure, calculated by dividing the total lot area into the sum of the total building area and the area devoted to paved or otherwise impervious surfaces, including all parking and driveway areas whether or not paved with impervious materials.

LOT DEPTH

The shortest horizontal distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line.

LOT FRONTAGE

The horizontal distance between side lot lines measured along the street right-of-way line. The minimum lot frontage shall be the same as the lot width, except that on curved alignments with an outside radius of less than 500 feet, the minimum distance between the side lot lines measured at the street line shall not be less than 75% of the required minimum lot width.

LOT, INTERIOR

A lot other than a corner lot.

LOT LINE

A line bounding a lot from another or from a street or any other public or private space.

LOT LINE, REAR

The lot line opposite and most distant from the front lot line, at the point at which the side lot line meets.

LOT LINE, SIDE

Any lot line other than a front or rear lot line and intersects with a front lot line.

LOT LINE, STREET

In the case of a lot abutting only one street, the street line separating such lot from such street; in the case of a double frontage lot, each street ROW line separating such lot from a street shall be considered to be the front lot line, except where the rear yard requirement is greater than the front yard requirement in which case one of two opposing yards shall be a rear yard.

LOT OF RECORD

Any validly recorded lot which at the time of its recordation complies with all applicable laws, ordinances and regulations.

LOT WIDTH

The mean horizontal distance between the side lot lines measured parallel to, and at, the average building setback line. Where there is only one side lot line, lot measured between such lot line and the opposite lot line or future right-of-way line.

LOW/MODERATE-INCOME HOUSING REGION

The housing region for Robbinsville Township and shall include the County of Mercer, as defined and determined by the New Jersey Council on Affordable Housing or its successor.

MAINTENANCE BOND

Any security acceptable to the governing body to assure the maintenance of duly approved improvements installed by the developer after the final acceptance of the improvement and in such sum required by ordinance.

MAINTENANCE GUARANTY

A guaranty of facilities or work to insure the correction of any failures of any improvements required pursuant to this chapter and regulation, or to maintain same. Any security acceptable to the governing body to assure the maintenance of duly approved improvements installed by the developer after the final acceptance of the improvement and in such sum required by ordinance.

MANUFACTURED HOME

A unit of housing which is:

(1) Mass-produced in a factory.

(2) Designed and constructed for transportation to a site for installation and use when connected to required utilities.

(3) Either an independent, individual building or a module for combination with other elements to form a building on the site.

MANUFACTURED HOME DEVELOPMENT

Intended to be generic, it includes mobile home parks, mobile home subdivisions and mobile home condominiums.

MANUFACTURED HOME SUBDIVISION

A subdivision designed or intended for the sale of lots for residential occupancy by mobile homes.

MANUFACTURED HOUSING

A manufactured building or portion of a building designed for long-term residential use.

MANUFACTURING, LIGHT

An activity which involves the fabrication, manufacture or assembly of products from or treatment of products with previously prepared materials and which does not involve the synthesis of chemicals or chemical products or the processing of any raw materials.

MASTER PLAN

Any or all of the mapped and written proposals recommending the physical development of the municipality which shall have been duly adopted by the Land Use Board pursuant to N.J.S.A. 40:55D-28.

[Amended 7-20-2022 by Ord. No. 2022-27]

MAUSOLEUM

Stone building with places for entombment of the dead above ground.

MEDICAL CANNABIS

Cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, N.J.S.A. 24:6I-1 et seq., and N.J.S.A. 18A:40-12.22 et seq. "Medical cannabis" does not include any cannabis or cannabis item which is cultivated, produced, processed, and consumed in accordance with the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:6I-32 et seq.

[Added 9-8-2022 by Ord. No. 2022-36]

MINIMUM FLOOR ELEVATION

The lowest elevation permissible for the construction, erection or other placement of any floor, including a basement floor.

MINIWAREHOUSE

A building or group of buildings in a controlled-access, landscaped, fenced or otherwise landscaped compound that contains varying sizes of individual, compartmentalized, visually screened and controlled-access stalls or lockers for the dead storage of a customer's goods or wares. No sales, service or repair activities other than the rental of dead storage units are permitted on the premises.[4]

MOBILE HOME

A unit of housing which:

(1) Consists of one or more transportable sections which are substantially constructed off site and, if more than one section, are joined together on site.

(2) Is built on a permanent chassis.

(3) Is designed to be used, when connected to utilities, as a dwelling on a permanent or nonpermanent foundation.

(4) Is manufactured in accordance with the standards promulgated for a manufactured home by the Secretary of the United States Department of Housing and Urban Development pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, P.L. 93-383 (42 U.S.C. § 5401 et seq.) and the standards promulgated by the Commissioner pursuant to P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.).

MOBILE HOME COMMUNITY

A mobile home development with continuing local general management and with special facilities for common use by the occupants, including such items as common recreational buildings and areas, common open space, laundries and the like.

MOBILE HOME LOT

A plot of ground within a mobile home park improved and authorized pursuant to § 142-30 of this chapter for the accommodation of one mobile home, including appurtenances, the mobile home foundation and mobile home yard as defined herein.

MOBILE HOME PARK

A tract or parcel of land on which mobile homes are located and used for residential purposes.

MOBILE HOME SPACE

A plot of ground within a mobile home park improved and authorized pursuant to this chapter for the accommodation of one mobile home.

MOBILE HOME STAND

That part of a mobile home lot which has been reserved exclusively for the placement of a mobile home.

MOBILE HOME TRANSFER CERTIFICATE

A permit issued by a municipality for the purpose of allowing the mobile home to be removed from a leased site within a mobile home park in the municipality.

MOBILE HOME YARD

That part of the mobile home lot excluding the mobile home stand.

MODERATE-INCOME HOUSING UNIT

A housing unit which can be afforded by a moderate-income family; that is, a family whose income is between 50% and 80% of the median income of a family of four for the region (see definition for "low/moderate-income housing region," including Robbinsville Township, with appropriate adjustments for smaller or larger families). For purposes of this definition, "affordable" shall mean that the monthly rent, or in the case of housing for sale, the monthly total of mortgage and amortization, taxes, homeowners' association or condominium fees and insurance, does not exceed 30% of the gross monthly income that would be earned by a family with 80% of the regional median income.

MOTEL

A building or group of buildings consisting of 20 or more individual sleeping units designed for transient travelers and not for permanent residency. A restaurant or coffee shop may be considered an accessory use to a motel. "Motel" does not include a transient accommodation as defined by this chapter.

[Amended 11-22-2019 by Ord. No. 2019-48]

MUNICIPAL AGENCY

The Land Use Board or governing body, or any agency created by or responsible to one or more municipalities, when acting pursuant to N.J.S.A. 40:55D-1 et seq.

[Amended 7-20-2022 by Ord. No. 2022-27]

MUNICIPAL SERVICE FEE

A fee imposed on a mobile home for the purpose of payment for the services rendered to mobile home owners by a municipality, limited to local school board, regional school board, fire district and trash district services. This fee shall be based only upon the services provided to the mobile home park. Sewer and water taxes will not be included in the municipal service fee.

NATIVE

Refers to a plant or animal species whose geographic range during precolonial times included Central New Jersey.

NATURAL REGENERATION

The natural establishment of trees and other vegetation with at least 400 woody, free-to-grow seedlings per acre, which are capable of reaching a height of at least 20 feet at maturity.

NET BUILDABLE SITE AREA

A calculated area determined after a percentage of land characteristics unsuitable for development are subtracted.

NET DENSITY

The number of dwelling units to be constructed or number of separate building lots to be created on a tract of land based on calculations of its size, which calculations shall exclude all lands to be devoted to street rights-of-way, easements, common ownership or public purpose lands, and the land unsuitable for development.

NET TRACT AREA

The total area of site, including both forested and nonforested areas, to the nearest 1/10 of an acre, reduced by the area found to be within the boundaries of the one-hundred-year floodplain and any critical meadow or open space areas as identified by the Land Use Board; except that in agriculture and resource areas, it is the portion of the total tract for which land use will be changed or will no longer be used for primarily agricultural activities, reduced by the area found within the boundaries of the one-hundred-year floodplain.

[Amended 7-20-2022 by Ord. No. 2022-27]

NONCONFORMING BUILDING OR STRUCTURE

A building or structure which, in its location upon a lot or in its size, use, buffering and/or parking, does not conform to the regulations of this chapter for the zone in which it is located.

NONCONFORMING LOT

A lot of record which does not have the minimum width, frontage or depth or contain the minimum area for the zone in which it is located.

NONCONFORMING USE

A use occupying a building, structure or lot which does not conform to the use regulations for the zone in which it is located.

NONCONFORMING USE, PREEXISTING

Any use lawfully existing as of the date of its inception, which has been made unlawful as a result of the passage of this chapter and/or of the predecessor chapter hereto.

NONPERMANENT

Any building or structure on nonmortared blocks, piers, wheels, concrete pad or concrete runners or any other New Jersey Department of Community Affairs approved temporary support system.

NONPERMANENT FOUNDATION

Any foundation consisting of nonmortared blocks, wheels, concrete slab, runners or any combination thereof, or any other system approved by the Township Engineer for the installation and anchorage of a manufactured home on other than a permanent foundation.

NURSERY

An enterprise which conducts the retail and wholesale sale of plants grown on the site, as well as accessory items (but not power equipment such as gas or electric lawn mowers and farm implements) directly related to their care and maintenance. The accessory items normally sold are clay pots, potting soil, fertilizers, insecticides, hanging baskets, rakes and shovels.

OBTAINED THROUGH A TRANSIENT SPACE MARKETPLACE

As defined in N.J.S.A. 40:48E-2, the payment for the accommodation as made through a means provided by a transient space marketplace or travel agency, either directly or indirectly, regardless of which person or entity receives the payment, and where the contracting for the accommodation is made through a transient space marketplace or travel agency.

[Added 11-22-2019 by Ord. No. 2019-48]

OFFICE

A room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government and generally furnished with desks, tables, files, and communication equipment.

OFFICE PARK

A development on a tract of land that contains a number of separate office buildings, with accessory and supporting uses, and open space designed, planned, constructed and managed on an integrated and coordinated basis.

[Amended 2-23-2012 by Ord. No. 2012-1]

OFFICE, PROFESSIONAL

The office of a member of a recognized profession which shall be so designated by the approving authority upon finding by such approving authority that such operation is professional in character and requires at least a bachelor's degree from an accredited college or university, licensing, and training and experience as a condition for the practice thereof, and that the practice of such occupation shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone to any greater extent than would the permitted uses listed in that zone. The issuance of a state or local license for regulation of any such occupation shall not, alone, be deemed indicative of professional standing. When such office is combined with a residence, the conditions of a home occupation shall apply.

[Amended 2-23-2012 by Ord. No. 2012-1]

OFFICIAL MAP

A map adapted by ordinance pursuant to N.J.S.A. 40:55D-32.

OFF SITE

Located outside the lot lines of the lot in question, but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.

OFF-SITE CONSTRUCTION OF A MANUFACTURED HOME, OR SECTION THEREOF

The construction of that home or section at a location other than the location at which the home is to be installed.

OFF-TRACT

Not located on the property which is the subject of a development application nor on a contiguous or adjacent portion of a street or right-of-way.

ON SITE

Located on the lot in question or on a contiguous portion of a street or right-of-way, except in the context of on-site detention, when the term means within the boundaries of the development site as a whole.

ON-SITE JOINING OF SECTIONS OF A MANUFACTURED HOME

The joining of those sections at the location at which the home is to be installed.

ON-TRACT

Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

OPEN SPACE, DEVELOPED

Lands on which active recreation facilities such as soccer fields, all other ball sports, general recreation and picnic area, and adjunct uses such as parking, toilets and storage are allowed.

OPEN SPACE ORGANIZATION

An incorporated, nonprofit organization operating in a cluster residential development, planned village development or planned commercial development under recorded land agreements through which:

(1) Each property owner in the development is automatically a member.

(2) Each occupant 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.

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

OPEN SPACE RATIO

The proportion of a site consisting of developed and undeveloped open space as defined above which shall be calculated using the gross site area.

OPEN SPACE, UNDEVELOPED

Lands not developed upon and not containing surfaces determined to be impervious. Open space can be both public and private and can include wooded, cultivated, planted or area under water.

OWNER

The person having the right of legal title to, beneficial interest in, or a contractual right to purchase a lot or parcel of land.

PARCEL

The area within the boundary lines of a development.

PARKING SPACE

An area either within a structure or in the open for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes and public rights-of-way, except that nothing shall prohibit private driveways for detached dwelling units from being considered off-street parking areas, provided that no portion of such private driveway within the right-of-way line of the street intersected by such driveway shall be considered off-street parking space. The area is intended to be sufficient to accommodate the exterior extremities of the vehicles, whether or not in addition thereto wheel blocks are installed within this area to prevent the bumper from overhanging one end of the parking space. The width and length of each space shall be measured perpendicular to each other regardless of the angle of the parking space to the access aisle or driveway.

PARK MANAGEMENT

The owner or his designated agents who are administrative officers of the mobile home park and who are responsible for its operation and maintenance.

PATIO

A single or multilevel structure at or within one foot of the finished grade, not covered by a roof. Patios shall not be considered a part of building area but shall be included in the calculation of lot coverage when they constitute impervious cover.

PEEP SHOW

Any establishment showing to patrons in private or semiprivate viewing areas the live or photographic or magnetically recorded depictions of persons engaged in the presentation and exploitation of illicit sex, lust, passion, depravity, violence, brutality, nudity, immorality, and other obscene subjects.

PERFORMANCE GUARANTY

Any security in accordance with the requirements of this chapter which may be accepted to insure that certain improvements be made, including performance bonds, escrow agreements and other similar collateral or surety agreements.

PERMANENT FOUNDATION

A system of support installed either partially or entirely below grade, which is:

(1) Capable of transferring all design loads imposed by or upon the structure into soil or bedrock without failure.

(2) Placed at an adequate depth below grade to prevent frost damage.

(3) Constructed of material approved by the Construction Official.

PERMIT

A certificate issued to perform work under this chapter.

PLANNED COMMERCIAL DEVELOPMENT

An area developed according to the provisions of Article IV of this chapter as a single entity containing one or more structures with appurtenant common areas to accommodate commercial, office and other specified uses; a form of planned development defined as "planned commercial development" in N.J.S.A. 40:55D-1 et seq.

PLANNED UNIT RESIDENTIAL DEVELOPMENT (PURD)

An area with a specified minimum contiguous or noncontiguous acreage of six acres or more to be developed as a single entity according to a plan containing one or more residential clusters, or as part of the comprehensive Town Center development plan for the Township, which may include appropriate commercial, or public or quasi-public uses all primarily for the benefit of the residential development.

PLANNED VILLAGE DEVELOPMENT

An area with a specified minimum contiguous acreage of five 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.

PLAT

The map of a subdivision or site plan, and is used interchangeably in this chapter with "plan."

(1) MINOR PLAT The map of a subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of this chapter.

(2) PRELIMINARY PLAT The preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the Land UsevBoard for Land Use Board consideration and preliminary approval and meeting the requirements of this chapter.

[Amended 7-20-2022 by Ord. No. 2022-27]

(3) FINAL PLAT The final map of all or a portion of the subdivision or site plan which is presented to the Land Use Board for final approval in accordance with these regulations.

[Amended 7-20-2022 by Ord. No. 2022-27]

POND

See "lakes and ponds."

PORCH

A roofed open area, which may be screened, usually attached to or part of and having direct access to and from a building.

PREMANUFACTURED SYSTEM

An assembly of materials or products that is intended to comprise all or part of a building or structure, exclusive of a public school facility, and that is assembled off site by a repetitive process under circumstances intended to ensure uniformity of quality and material content.

PRINCIPAL BUILDING

See "building, principal."

PROFESSIONALLY MANAGED UNIT

As defined in N.J.S.A. 40:48E-2, a room, group of rooms, or other living or sleeping space for the lodging of occupants in the Township, that is offered for rent as a rental unit that does not share any living or sleeping space with any other rental unit, and that is directly or indirectly owned or controlled by a person offering for rent two or more other units during the calendar year. "Professionally managed unit" does not include a hotel, motel, or rooming house.

[Added 11-22-2019 by Ord. No. 2019-48]

PUBLIC IMPROVEMENT

Any improvement, facility, or service, together with customary improvements and appurtenances thereto, necessary to provide for public needs, such as vehicular and pedestrian circulation systems, storm sewers, flood control improvements, water supply and distribution facilities, sanitary sewage disposal and treatment, public utility and energy services.

PUBLIC PURPOSE USE

The use of land or buildings by the governing body of the Township or any officially created authority or agency thereof.

PUBLIC SEWERAGE

Collection and treatment of sewage as arranged or administered by the Township of Robbinsville Utilities Department.

PUBLIC WATER

Supply and distribution of potable water by the Garden State Water Company or other public utility duly regulated by the Public Utilities Commission.[5]

RECORDED LOT

See "lot of record."

RECREATIONAL VEHICLE

A vehicle or a unit that is mounted on or drawn by another vehicle primarily designed for temporary living. Recreational vehicles include travel trailers, camping trailers and motor homes.

RECREATIONAL VEHICLE PARK

A lot on which campsites are established for occupancy by recreational vehicles of the general public as temporary living quarters for purposes of recreation or vacation.

REFORESTATION

The creation of a biological community dominated by trees and other woody plants containing at least 100 trees per acre with at least 50% of those trees having a two-inch or greater diameter at 4.5 feet above the ground, within seven years. Reforestation includes landscaping of areas under an approved landscaping plan that establishes a forest that is at least 35 feet wide and covering 2,500 square feet of area.

REPAIR SHOP, BODY

The land and buildings designed and used for the structural or cosmetic repair and the incidental mechanical repair of passenger, farm or commercial vehicles. No shop in which a substantial portion of the structural and/or cosmetic body repair work done is on vehicles owned by the operator or owner, or leased or rented to such operator or owner, shall qualify as a body repair shop under this definition.

REPAIR SHOP, MECHANICAL

The land and buildings designed and used predominantly for the mechanical repair of passenger, farm or commercial vehicles. No shop in which a substantial portion of the mechanical repair work done is on vehicles owned by the operator or owner of such shop, or leased or rented to such operator or owner, shall qualify as a mechanical repair shop under this definition.

RESEARCH LABORATORY

A facility for investigation into the natural, physical or social sciences, which may include engineering and product development.

[Amended 2-23-2012 by Ord. No. 2012-1]

RESIDENTIAL ACCESS STREET

The lowest order street, which is intended to carry the least amount of traffic at the lowest speeds. A development should be designed so that as many houses as possible front on this type of street. It has a fifty-foot ROW, limited to 200 ADT (average daily trips).

RESIDENTIAL AGRICULTURE

The growing and harvesting of plant life for the enjoyment of the residents on the property and not primarily for commercial purposes. A small roadside produce stand associated with the residential agricultural use shall be permitted, provided that all of the produce offered for sale is grown on the property; that the produce is not grown primarily for commercial purposes; that the stand is not furnished with permanent heating facilities; that the floor area of the stand does not exceed 40 square feet; that the stand is set back from the street right-of-way and property lines at least 30 feet; and that sufficient on-site off-street parking is provided. One unlighted sign, not exceeding four square feet in area, shall be permitted and shall be attached flat against the front facade of the stand. The sign and stand must be removed during the nonharvesting months.

RESIDENTIAL CLUSTER

An area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.

RESIDENTIAL COLLECTOR

The highest order of streets in the residential street hierarchy. It will carry the largest volume of traffic at higher speeds. In large residential developments, this street may be necessary to carry traffic from one neighborhood or cluster to another or from the neighborhood or cluster to streets connected to other areas in the community. This level of street is unsuitable for providing direct access to homes, and provision of such access to homes should be avoided. The right-of-way is 72 feet.

RESIDENTIAL DENSITY

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

RESIDENTIAL STREETS

Streets which include resident access streets, residential subcollector streets and residential collector streets.

RESIDENTIAL SUBCOLLECTOR

The middle order of street in the residential street hierarchy. It will carry more traffic than a residential access street. It should provide an acceptable environment for a residential neighborhood with a fifty-foot right-of-way, limited to 500 average daily trips (ADT) or 1,000 ADT if it is a loop street.

RESIDUAL RESIDENTIAL LOT

A parcel of land created in conjunction with a PURD preservation parcel and complying with the minimum lot requirements of the Rural Residential Zone District and the requirements of § 142-82, Planned unit residential development, regarding creation of such lots.

RESTAURANT

Any establishment, however designated, at which food is sold primarily for consumption on the premises. However, a snack bar or refreshment stand at a public or community swimming pool, playground, golf course, playfield or park, operated solely by the agency or group operating the recreational facility and for the convenience of patrons of the facility, shall not be deemed to be a restaurant.

RESTAURANT, DRIVE-IN

Restaurant, refreshment stand, snack bar, dairy bar, hamburger stand or hot dog stand where food is served primarily for consumption at counters, stools or bars outside or inside the building for consumption in automobiles parked, or waiting in line on the premises, or purchased while in an automobile, commonly referred to as a "drive-through," whether brought to said automobiles by the customer or by employees of the restaurant, regardless of whether or not additional seats or other accommodations are provided for customers inside the building. All such drive-in restaurants and refreshment stands are specifically prohibited in all districts.

RESTAURANT, FAST-FOOD

An establishment whose principal business is the sale of food and/or beverages in a ready-to-consume state for consumption:

(1) Where patrons purchase food while within the restaurant building which is obtained by self service or from an employee of the establishment over a counter;

(2) Within a motor vehicle parked or waiting in line on the premises; or

(3) Off the premises as carry out orders, and whose principal method of operation includes the following characteristics: food and/or beverages are usually served in edible containers or in paper, plastic, or other disposable containers.[6]

RESTAURANT, STANDARD

An establishment whose principal business is the sale of food or beverages to customers in a ready-to-consume state, and whose principal method of operation includes one or both of the following characteristics:

(1) Customers, normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which food and beverages are consumed;

(2) A cafeteria-type operation where food and beverages generally are consumed within the restaurant building.

RESTRICTIVE, MORE (LESS)

A regulation imposed by this chapter is more (less) restrictive than another if it prohibits or limits development to a greater (lesser) extent or by means of more (less) detailed specifications.

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 excluding conveyances so as to combine existing lots by deed or other instrument.

RETAIL

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

ROOMING HOUSE

A dwelling where lodging is provided, for compensation, for from four to 10 persons, who are not members of a family occupying that dwelling unit and who do not occupy the dwelling as a single housekeeping unit. "Rooming house" does not include a transient accommodation as defined by this chapter.

[Amended 11-22-2019 by Ord. No. 2019-48]

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.

SATELLITE DISH ANTENNA

A dish-shaped, parabolic-shaped, spherical or circular-shaped antenna for the reception and/or transmission of satellite signals, including television signals, AM radio signals, FM radio signals, telemetry signals, data communications signals or any other reception or transmission signals using free air space as a medium, whether for commercial, public or private use. Such objects shall also be known as "earth stations," "earth terminals," "home video earth stations," "microwave dish antennas," "satellite dishes," "satellite earth stations" and "satellite radio frequency signal reception and/or transmission devices."

SCREEN

Evergreen trees and shrubs or a berm, fence or wall, or a combination of these, together with decorative plantings, installed in such a manner as to provide an opaque visual barrier between the activities, structures and uses which exist on either side of it. Such a screen would be one-hundred-percent visually impervious at all times of the year.

SEDIMENTATION

The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a result of erosion.

SEEDLING

An unbranched woody plant, less than 24 inches in height and having a diameter of less than one-half-inch caliper measured at two inches above the root collar.

SERVICE STATION

Lands and/or structures providing primarily for the sale or dispensing of gasoline, oil or other fuel directly to motor vehicles or approved containers from a pump or dispenser located outside a building or from drive-through hydrant, lift or pit inside a building, and for the minor repair and servicing of motor vehicles to include the exchange of parts, oil changes, engine tune-ups and similar routine maintenance work. No auto body work/repairs, welding or painting of vehicles or the extended storage of vehicles, including inoperable or wrecked vehicles, shall be permitted. All permitted minor repair work must be made inside of the enclosed building. No outdoor storage of repair or retail materials shall be permitted. The service station is herein defined to include but not be required to provide a convenience store with minimum 2,500 square feet.

[Amended 7-13-2021 by Ord. No. 2021-20]

SETBACK

The minimum horizontal distance between the street, rear or side lines of the lot and the front, rear or side of the building or structure. When two or more lots under one ownership are used, the exterior property lines, so grouped, shall be used in determining setbacks.

SETBACK LINE

A line within any lot, parallel to any street or property line, between which and the street or property line no building or portion thereof may be erected, except as otherwise provided for in this chapter.

SHOPPING CENTER

A group of commercial establishments built on one or more tracts that is planned, developed, owned and managed as an operating unit; it provides on-site parking in definite relationship to the type and total size of the stores. The commercial establishments may be located in one or several buildings, attached or separated.

SIGHT TRIANGLE EASEMENT AT INTERSECTION

A triangular shaped area established in accordance with the requirements of this chapter in which no grading or structure shall be erected or maintained higher than 30 inches, except for street signs, fire hydrants and light standards and trees which have no low-hanging branches which would block the view triangle from a height 30 inches to 10 feet from the ground.

SIGN

Any outdoor or indoor device, structure or display of any writing, printing, picture, painting, emblem, drawing or similar device intended to invite or draw the attention of the public to any goods, services, activity or location.

SIGN AREA

The maximum projected area of the shape which encloses the sign, device or presentation. In the case of lettering attached to building facades, the sign area shall be the product of the maximum horizontal dimension of all lettering and symbols times the vertical dimensions of all lettering and symbols which form the sign.

SITE AREA

See "base site area."

SITE PLAN

A development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including, but not necessarily limited to, topography, vegetation, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, wells and septic systems, landscaping, structures and signs, lighting and screening devices shown on isometric and two-dimensional drawings, and any other information that may be reasonably required in order to make an informed determination concerning the adequacy and visual quality of the plan in accordance with the requirements of this chapter.

(1) MINOR SITE PLAN A development plan involving a small addition or alteration to an existing development in which the increase in floor area and impervious surface cover is insubstantial and that requires no variances, does not require a new street or the extension of an existing street, does not require the expansion of any off-tract improvements, and contains all the information that reasonably may be required to act on the plan.

[Amended 12-16-2021 by Ord. No. 2021-32]

(2) MAJOR SITE PLAN Any development plan not classified as a minor site plan.

SITE PLAN REVIEW

The professional examination and review of the materials submitted for the specific development plans for a lot. Whenever the term "site plan approval" is used in this chapter, it shall be understood to mean a requirement that the site plan be reviewed and approved by a board of jurisdiction or when permitted through the administrative site plan approval.

[Added 10-10-2013 by Ord. No. 2013-23; amended 12-16-2021 by Ord. No. 2021-32]

SPECIMEN TREE

A tree that is particularly impressive or an unusual example of a species due to its size, shape, age, or any other trait that demonstrates the character of the species. Any tree having a diameter at breast height of 24 inches or greater.

SPORTS COURT

An area designed and built to accommodate a variety of athletic purposes or recreational pastimes, such as, but not limited to, tennis, basketball, and roller hockey, typically located in the rear yard of a single-family residence.

[Added 11-24-2021 by Ord. No. 2021-29]

STABLE, COMMERCIAL

A building or land where horses are kept for remuneration, hire, sale, boarding, riding or show.

STABLE, PRIVATE

Any building, incidental to an existing residential, principal use, that shelters horses for the exclusive use of the occupants of the premises.

STAGGERED SETBACK

A nonuniform setback with no two adjacent units sharing a similar setback.

STEEP SLOPES

Land area where the inclination of the land's surface from the horizontal is 15% or greater. Slope is determined from on-site topographic surveys prepared with a two-foot contour interval.

STORY

That portion of a building included between the surface of any floor and the surface of the next floor above it, with a clear headroom of seven feet in the basement, seven feet six inches in the first story and seven feet four inches in upper stories; however, in apartments all upper stories shall have a clear headroom of seven feet six inches or more whether finished or not. If the ceiling or underside of supporting members is less than four feet above the average grade surrounding any space, that space shall not be considered a "story" or counted as floor area.

STORY, HALF

A partial story under a gable, hip or gambrel roof, the wall plates of which, on at least two opposite exterior walls, are not more than two feet above the floor of such story. Such space can only be used for storage.

STREAM BUFFER

A strip of natural vegetation contiguous with and parallel to the bank of a perennial or intermittent stream, the width of which shall be a minimum of 50 feet from each side of the stream bank. Stream buffers must include adjacent one-hundred-year floodplain areas, wetlands and wetland transition buffers as defined by the New Jersey Department of Environmental Protection regulations.

STREET

Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway, or which is shown upon a plat heretofore approved pursuant to law, or which is approved by N.J.S.A. 40:55D-1 et seq., or which is shown on a plat duly filed and recorded in the Office of the County Recording Officer prior to the appointment of a Land Use Board and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas, utility easements and other areas within the street line.

[Amended 7-20-2022 by Ord. No. 2022-27]

STREET LINE

The edge of the existing or future street right-of-way, whichever would result in the widest right-of-way, as shown in the adopted Master Plan Official Map, forming the dividing line between the street and a lot. Where the definite right-of-way width has not been established or is not specified in the above documents, the street line shall be assumed to be at a point 25 feet from the center line of the existing pavement.

STRUCTURAL ALTERATION

Any change in the supporting members of a building, such as the bearing walls, beams or girders, or any change in the dimension or configuration of the roof or exterior walls.

STRUCTURE

Anything constructed, assembled or erected which requires location on the ground or attachment to something having such location on the ground, including but not limited to buildings, platforms, sheds, storage bins, tanks, towers, display signs, advertising devices, tennis courts and swimming pools.

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: divisions of property upon court order, including but not limited to judgments of foreclosure; consolidation of existing lots by deed or other recorded instrument; and the conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the Zoning Officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map or Atlas of the municipality. The term "subdivision" shall also include the term "resubdivision."

[Amended 4-23-2021 by Ord. No. 2021-13]

(1) MINOR SUBDIVISION Any division of land containing an aggregate of not more than three lots (two new lots and the remaining parcel), each fronting on an existing street or streets, not involving any new street or the installation of any street improvements or the extension of Township facilities; not involving any street(s) requiring additional right-of-way width as specified in the Master Plan or Official Map and the street requirements of this chapter, unless such additional right-of-way width, either along one or both sides of the street(s), as applicable, shall be deeded to the Township or to the appropriate governmental authority prior to classification as a minor subdivision; not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision of the Master Plan, Official Map or this chapter; and not being a further division of an original tract of land for which previous minor subdivision(s) have been approved by the Township since 1967. The original tract of land shall be considered any tract in existence as of 1967. Any readjustment of lot lines resulting in no new lots shall be classified as a minor subdivision.

(2) MAJOR SUBDIVISION Any division of land not classified as a minor subdivision.

SWIMMING POOL, PRIVATE

Any swimming or bathing pool or tank, whether permanently installed, portable, collapsible or otherwise, having either an inside structural depth in excess of 24 inches or a surface area in excess of 120 square feet, or a capacity in excess of 1,400 gallons, constructed or maintained on any lot by any person for use by himself or any one or more members of his family or guests of himself or his family. Regulations pertaining to the location, alteration, maintenance and operation of private swimming pools and wading pools and providing for the issuance of permits therefor are specified in an applicable ordinance of the Township.

SWIMMING POOL, PUBLIC

Any pool other than a private residential swimming pool designed to be used collectively by persons for swimming and bathing purposes, including pools designed as part of any hotel or motel use or any cluster residential or planned village development. Public swimming pools shall be further classified into types in accordance with their particular use and shall meet the appropriate design standards as set forth by the Uniform Construction Code of the State of New Jersey (Chapter 90, Construction Codes, Uniform), and shall comply with approved bacteriological standards which may be promulgated by regulations issued by Chapter 288, Swimming Pools,[7] the State of New Jersey or other authority having jurisdiction.

TECHNICAL REVIEW COMMITTEE

An advisory committee established pursuant to § 142-76 of the Code of the Township of Robbinsville for the purpose of reviewing developmental applications pending before the Land Use Board. Such review is undertaken prior to action by the particular board to determine whether such application complies with all ordinance provisions. Other duties related to site plans and/or subdivisions may be conferred on this Committee by the Land Use Board through a motion duly adopted or recorded; provided, however, that final approval of all applications shall rest with either the Land Use Board.

[Amended 7-20-2022 by Ord. No. 2022-27]

TENNIS CENTER

A structure and appurtenant land areas consisting of courts designated for the playing of tennis, racquetball, paddle tennis and similar games and other necessary accessory uses or facilities and which is specifically planned and constructed for commercial purposes.[8]

TOWNHOUSE

Connecting structures consisting of at least three, but no more than eight, connected dwelling units, which two units share a common fireproof and soundproof wall, which each dwelling unit is compatibly designed in relation to all other units, but is distinct by such design features as width, setback, roof, window and doorway treatment or decorative details such as fences, landscaping, and other features, singularly or in combination. Each dwelling unit may be a maximum of three stories in height, but nothing in this definition shall be construed to allow one dwelling over another.

TOWNSHIP

The Township of Robbinsville, Mercer County, New Jersey.

TRACT

An area of land composed of one or more lots adjacent to one another and contiguous portions of existing streets or rights-of-way having sufficient dimensions and area to make one parcel of land meeting the requirements of this chapter for the use(s) intended. The original land area may be divided by one existing public street and still be considered one "tract," provided that the street is not a major arterial or collector road and that a linear distance equal to more than 75% of the frontage of the side of the street having the larger street frontage lies opposite an equivalent linear distance of street frontage on the other side of the street.

TRANSCRIPT

A typed or printed verbatim record of the proceedings before a municipal agency, or reproduction thereof.

TRANSIENT ACCOMMODATION

As defined in N.J.S.A. 40:48E-2, a room, group of rooms, or other living or sleeping space for the lodging of occupants, including but not limited to residences or buildings used as residences, that is obtained through a transient space marketplace or is a professionally managed unit. "Transient accommodation" does not include a hotel or hotel room; a room, group of rooms, or other living or sleeping space used as a place of assembly; a dormitory or other similar residential facility of an elementary or secondary school or a college or university; a hospital, nursing home, or other similar residential facility of a provider of services for the care, support and treatment of individuals that is licensed by the state; a campsite, cabin, lean-to, or other similar residential facility of a campground or an adult or youth camp; a furnished or unfurnished private residential property, including but not limited to condominiums, bungalows, single-family homes and similar living units, where no maid service, room service, linen changing service or other common hotel services are made available by the lessor and where the keys to the furnished or unfurnished private residential property, whether a physical key, access to a keyless locking mechanism, or other means of physical ingress to the furnished or unfurnished private residential property, are provided to the lessee at the location of an offsite real estate broker licensed by the New Jersey Real Estate Commission pursuant to N.J.S.A. 45:15-1 et seq.; or leases of real property with a term of at least 90 consecutive days.

[Added 11-22-2019 by Ord. No. 2019-48]

TRANSIENT SPACE MARKETPLACE

As defined in N.J.S.A. 40:48E-2, a marketplace or travel agency through which a person may offer transient accommodations to customers and through which customers may arrange for occupancies of transient accommodations. "Transient space marketplace" does not include a marketplace or travel agency that exclusively offers transient accommodations in the state owned by the owner of the marketplace or travel agency.

[Added 11-22-2019 by Ord. No. 2019-48]

TREE

A large, wood plant having one or several self-supporting stems or trunks and numerous branches that reach a height of at least 20 feet at maturity.

USABLE DEVELOPMENT AREA or USABLE CONTIGUOUS DEVELOPMENT AREA

(1) The area of a lot which is not encroached upon by any of the following features:

(a) An existing or proposed public right-of-way.

(b) A one-hundred-year floodplain.

(c) Wetlands and/or any required wetlands transition areas except where construction, fill or disturbance has been authorized pursuant to the New Jersey Freshwater Wetlands Protection Act (N.J.S.A. 13:9B-1 et seq.).

(d) Slope areas where the inclination of the land surface from the horizontal is 15% or greater for a five-foot interval.

(e) Lakes, ponds or other open waters.

(2) Where it is specified that the usable development area is to be located within the required setbacks, this shall be construed to mean that the usable development area shall be located within the envelope that is delineated by the required yards and buffers of the zone district for the placement of the principal building.

USE

The purpose or activity for which land or any building thereon is designed, arranged, or intended or for which it is occupied or maintained.

USE, ACCESSORY

An accessory use which:

(1) Is subordinate to and serves a principal structure or a principal use.

(2) Is subordinate in area, extent and purpose to the principal structure or use served.

(3) Is located on the same lot as the principal structure or use served, except as otherwise expressly authorized by provision of this chapter.

(4) Is customarily incidental to the principal structure or use.

USE, PERMITTED

Any use of land or structures as permitted by this chapter.

USE, PRINCIPAL

The main purpose for which a lot or building is used.

USE, TEMPORARY

A use established for a fixed period of time with the intent to discontinue such use upon the expiration of such time. Such uses do not involve the construction or alteration of any permanent structure.

VARIANCE

Permission to depart from the literal requirements of this chapter.

WAIVER

See "exception."

WETLAND

An area where standing water is retained for a portion of the year and unique vegetation has adapted to the area, which has been noted in the Development Suitability Analysis of the Township, the NJDEP, or by the US Army Corps of Engineers.

WHIP

An unbranched woody plant greater than 24 inches in height and having a diameter of less than one-inch caliper measured at two inches above the root collar.

WHOLESALE DISTRIBUTION CENTER

A business establishment whose principal activities are the temporary storage, sale or shipment or delivery of goods in bulk quantities to other business establishments for resale.

WOODLAND

An area of plant material covering 1/2 acre or more and consisting of 30% or more canopy trees having an eight-inch or greater caliper, or any grove consisting of eight or more trees having a ten-inch or greater caliper.

WOODLAND, MATURE

An area of plant material covering 1/4 acre or more and consisting of 30% or more canopy trees having a sixteen-inch or greater caliper, or any grove consisting of eight or more trees having an eighteen-inch or greater caliper.

WOODLANDS, YOUNG

An area of plant material covering one acre or more and consisting of 70% or more canopy trees having a two-and-one-half-inch caliper or greater, or a tree plantation for commercial or conservation purposes where 70% or more of the canopy trees have a two-and-one-half-inch or greater caliper.

YARD

The space between a lot line and building line.

YARD, FRONT

An open space extending across the full width of the lot and lying between the street line and closest point of the principal building on the lot. The depth of the front yard shall be measured horizontally and at right angles to either a straight street line or the tangent lines of curved street lines. The minimum required front yard shall be the same as the required setback. A corner lot shall have two front yards.

YARD, REAR

An open space extending across the full width of the lot and lying between the rear lot line and the closest point of the principal building on the lot. The depth of the rear yard shall be measured horizontally at right angles to either a straight rear lot line or the tangent of curved rear lot lines.

YARD, SIDE

An open space extending from the rear of the front yard to the front of the rear yard and lying between each side lot line and the closest point of the principal building on the lot. The width of the required side yard shall be measured horizontally and at right angles to either a straight side lot line or the tangent lines of curved side lot lines.

ZONING OFFICER

An official of the Township who shall be appointed by the Mayor and who shall have jurisdiction to grant or deny zoning permits pursuant to § 142-92 of this chapter and any other duties and responsibilities set forth in this chapter.

[Amended 4-23-2021 by Ord. No. 2021-13]

ZONING PERMIT

A document signed by the Zoning Officer which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of the municipal zoning ordinance or variance therefrom duly authorized by a municipal agency.

[Amended 4-23-2021 by Ord. No. 2021-13]

[1] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

[2] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

[3] Editor's Note: The former definition of "lot area, minimum," which immediately followed this definition, was repealed 2-23-2012 by Ord. No. 2012-1.

[4] Editor's Note: The former definition of "mobile food vendor," which immediately followed, was repealed 11-30-2023 by Ord. No. 2023-63.

[5] Editor's Note: As to the Public Utilities Commission generally, see N.J.S.A. 48:2-1 et seq.

[6] Editor's Note: Former Subsection B(4) of the definition "Restaurants, Fast-food," which immediately followed, was repealed 11-30-2023 by Ord. No. 2023-63.

[7] Editor's Note: Former Ch. 288, Swimming Pools, derived from Ch. BH:8 of the 2001 Code, as amended, was repealed 2-23-2007 by Ord. No. 2007-7. For current provisions regarding swimming pools, see § 142-51.

[8] Editor's Note: The former definition of "tennis court," which immediately followed this definition, was repealed 11-24-2021 by Ord. No. 2021-29.