For purposes of this chapter, certain words shall have the meanings assigned to them in § 355-6 below. These definitions are intended to interpret and clarify word usage in the Delran Township Zoning Ordinance and not necessarily intended to be used to interpret or clarify word usage in other portions of the Code of the Township of Delran. When words are used in this chapter but are not defined herein, the definitions used in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., as applicable, shall control and be utilized to interpret and clarify word usage. In addition, the following shall apply:
A.Â
Words in the present tense include the future. The
singular form of a word includes the plural form, and the plural form
of a word includes the singular form.
B.Â
The word "building" includes "structure" and any part
thereof.
C.Â
The phrase "used for" includes "arranged for," "designed
for," "intended for," "maintained for," "constructed for," "altered
for," "converted for," "rented for," "leased for," or "occupied for."
D.Â
The word "person" includes an individual, corporation,
partnership, incorporated association, or any similar legal entity.
E.Â
The words "include" or "including" or the term "such
as" where used herein shall be considered as introducing a typical
or illustrative rather than an entirely exclusive or inclusive designation
of permitted or prohibited uses, activities, establishments or structures
and shall not limit the term to the specified examples, but is intended
to extend their meaning to all other instances of like kind and character.
F.Â
The words "shall" and "will" are mandatory and not
discretionary, and the word "may" is permissive.
G.Â
The feminine gender includes the masculine gender
and vice versa.
H.Â
The word "lot" includes the word "plot."
As used in this chapter, the following terms
shall have the meanings indicated:
A building, use or structure which is customarily associated with and is subordinate and incidental to the principal building, use or structure, including, but not limited to, garages, carports, barns, decks, sheds, nonportable swimming pools, and all roofed structures. Any accessory building or structure attached to the principal building shall be considered part of the principal building. No more than two accessory structures shall be permitted on any one lot, except as set forth in § 355-13I(10)(d).
[Amended 4-25-2006 by Ord. No. 2006-4]
Recreational activities which require physical participation,
including sports such as soccer, baseball, softball, tennis, basketball,
field hockey, football, lacrosse, and street hockey; and individual
activities such as skateboarding, roller-blading and bicycling; and
facilities including playground equipment of all types.
A facility providing nursing care to sick, invalid, infirm,
disabled or convalescent persons in addition to lodging and board
or health-related service, or any combination of the foregoing.
The Secretary sections of the reviewing board or other Township
official so designated by the Township Administrator.
Any person or entity submitting an application for any permit
or approval.
A dwelling unit varying in square feet from 200 to 500 square
feet that provides a residential living environment assisted by congregate
meals, housekeeping and personal services, for persons 55 years of
age or older, who have temporary or periodic difficulties with one
or more essential activities of daily living, such as feeding, bathing,
dressing or mobility. Assisted living units shall be located in a
facility that may include accessory uses including dining rooms, bathing
areas, common areas, offices and other space necessary to provide
the above services. The definition of "assisted living unit" shall
include any partially assisted and fully assisted living units.
See "junkyard."
A story partly underground and having more than 1/2 of its
height above ground.
A road designed to accommodate the shared use of the roadway
by bicycles and motor vehicles.
A bikeway physically separated from motorized vehicular traffic
by an open space or barrier, and either within the highway right-of-way
or within an independent right-of-way or easement.
Any road, path, or way which in some manner is specifically
designated as being open to bicycle travel, regardless of whether
such facilities are designated for the exclusive use of bicycles or
are to be shared with other transportation modes.
An area within a property or site, generally adjacent to
and parallel with the property line, either consisting of trees, shrubs
or other landscaping and/or berms, designed to continuously limit
the view and control other impacts of the site from adjacent sites,
properties or roadways.
Landscaping, including permitted fencing, placed within designated
buffers.
That central portion of any lot lying inward from all required
setback lines.
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of any person,
animal or chattel. The word "building," whenever used herein for purposes
of setbacks from roads, boundaries or property or lot lines, shall
not be construed to include parking lots or vehicular rights-of-way.
The vertical distance measured from the elevation of the
average height of the finished grade along the front of the building
to the highest point of the roof or building structure.
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 P.L. 2021, c.
16 (N.J.S.A. 24:61-31 et seq.), for use in cannabis products, but
shall not include the weight of any other ingredient combined with
cannabis to prepare topical or oral administrations, food, drink,
or other product.
[Added 7-27-2021 by Ord.
No. 2021-13]
Any person or entity that holds any of the six classes of
licenses established under P.L. 2021, c. 16, the New Jersey Cannabis
Regulatory, Enforcement Assistance, and Marketplace Modernization
Act.[1]
[Added 7-27-2021 by Ord.
No. 2021-13]
Any licensed person or entity that grows, cultivates, or
produces cannabis, 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.
[Added 7-27-2021 by Ord.
No. 2021-13]
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.
[Added 7-27-2021 by Ord.
No. 2021-13]
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.
[Added 7-27-2021 by Ord.
No. 2021-13]
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
[Added 7-27-2021 by Ord.
No. 2021-13]
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or canpabis retailers, but not to consumers.
This person or entity shall hold a Class 2 cannabis manufacturer license.
[Added 7-27-2021 by Ord.
No. 2021-13]
A product containing usable cannabis, cannabis extract, or
any other cannabis resin and other ingredients intended for human
consumption or use, including a product intended to be applied to
the skin or hair, edible cannabis products, ointments, and tinctures.
"Cannabis product" does not include: 1) usable cannabis by itself;
or 2) cannabis extract by itself; or 3) any other cannabis resin by
itself.
[Added 7-27-2021 by Ord.
No. 2021-13]
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.
[Added 7-27-2021 by Ord.
No. 2021-13]
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 whesaler
license.
[Added 7-27-2021 by Ord.
No. 2021-13]
A governmental acquisition of real property or major construction
project.
A story partly underground which has less than half its height
above ground level.
A certificate issued by the Zoning Officer pursuant to the
provisions of this chapter.
A certificate issued by the Construction Official under the
provisions of the Uniform Construction Code, N.J.A.C. 5:23-2.23(c)
and (d).
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses, and other storage buildings or transshipment points.
The grouping of buildings or lots by reducing the minimum
lot size for subdivisions or situating buildings closer together,
provided that the total development density does not exceed that which
could be constructed on the site under conventional zoning subdivision
regulation unless a density bonus is provided. The additional land
that remains undeveloped is then preserved as open space, recreational
land and/or as an environmental resource.
An advertising sign, structure or symbol erected and maintained
by an individual or corporation engaged in the sale or rental of space
thereon to a clientele of manufacturing, service or commercial enterprises,
upon which space there is displayed, by means of painting, posting
or other means, advertising copy describing a wide variety of products
or services which are not made, produced, assembled or sold from the
lot or premises upon which the advertisement is displayed.
A facility which has a primary purpose of providing housing
and continuing care for people 55 years of age or older or where either
the husband or wife is 55 years of age or older, and consists of independent
apartment units, assisted living units, skilled care nursing units
and single-family detached and attached residential dwelling units
and which must include comprehensive retirement community accessory
uses.
Within a comprehensive retirement community, any use reasonably
necessary for, or incidental to, the operation of the facility or
for the benefit or convenience of the residents and their guests,
including, but not limited to, kitchen and dining facilities, exercise
and vocational rooms, places of worship, indoor and outdoor recreational
buildings and uses, including swimming pools, retail and banking facilities,
beauty salons and barber shops, gift shops, classrooms, security facilities,
conference rooms, common areas, guest rooms, administration, general,
medical and other offices associated with the CRC, postal center,
pharmacy, maintenance facilities, hobby, craft and music rooms, library,
computer and television rooms, and heating and cooling equipment structures,
off-street parking and loading areas as required for the use of occupants
of the CRC and signs as permitted and garages, provided that the comprehensive
retirement community accessory use is for the use and benefit of the
comprehensive retirement community.
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter and upon the issuance of an authorization
therefor by the Planning Board.
A designated area of land which is intended to be preserved
and managed for the protection of its natural resources and, where
appropriate, opened to the public for passive enjoyment of the natural
resources.
The official appointed by the Township to be the head of
the local enforcing agency for the New Jersey Uniform Construction
Code.
A permit required for the erection, alteration, or extension
of a structure.
A composite of the Master Plan for the physical development
of the county in which the municipality is located, with the accompanying
maps, plats, charts and descriptive and explanatory matter adopted
by the County Planning Board.
An open-floor-type structure having neither roof, walls,
nor enclosing features except for safety handrails.
The permitted number of dwelling units per gross acre of
land to be developed.
A man-made or natural stormwater management collector facility
designed to collect surface and subsurface water in order to impede
its flow and to release the same gradually at a rate not greater than
that prior to the development of the property, into natural or man-made
outlets.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any building or other structure, or
of any mining, excavation or landfill, and any use or change in the
use of any building or other structure, or land or extension of use
of land, for which permission may be required pursuant to this chapter.
A building or portion thereof used or designed as a residence
for two or more apartments or dwelling units, including apartment
houses, apartment hotels and flats, but not including automobile courts.
A townhouse, duplex or other dwelling unit that is attached
to but is neither above nor below any other unit, has its own entrance
directly to the exterior of the building and shares at least one side
wall with another dwelling unit.
A detached building designed for or occupied exclusively
by one family or dwelling unit.
A room or group of connected rooms that are designed for
permanent residency containing living space, cooking, sleeping and
sanitary facilities for one housekeeping unit for the exclusive use
of a single family maintaining a household. Dwelling units provide
permanent living quarters, as opposed to motels or other temporary
accommodations.
One or more persons living as a single, nonprofit housekeeping
unit who share common expenses and housekeeping chores, as distinguished
from individuals or groups occupying a hotel, club, fraternity or
sorority house. The "family" shall be deemed to include necessary
servants when servants share the common housekeeping facilities and
services.
The private residence of a family day-care provider which
is registered as a family day-care home pursuant to the Family Day
Care Provider Registration Act, N.J.S.A. 30:5B-16 et seq.
Agricultural activity or the raising of livestock, poultry
or small animals as a major source of income and is conducted on a
lot or plot of not less than three acres in area.
The United States agency responsible for federal programs
related to emergency and disaster mitigation and response.
An artificially constructed barrier of wood, wire, metal
or any other manufactured material or combination of materials.
The official action of the reviewing board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for their completion, or approval conditioned upon the posting
of such guaranties.
The area which is calculated to be inundated with floodwaters
during a one-hundred-year storm. The one-hundred-year storm has a
1% chance of occurring in any one year.
The total enclosed horizontal area of a structure used for
residential, business or commercial activities. Floor area may include
the area enclosed by the exterior foundation wall excluding garages,
open patios, unfinished basements and unfinished attics for residential
uses and customer facilities, showcase facilities, storage and sales
facilities for business and commercial uses.
A building used for the housing or storing of self-propelled
motor vehicles or unit portions thereof designed for use on public
highways.
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing of historical,
archaeological, cultural, scenic or architectural significance.
An institution housed in a building or a series of buildings
providing public health services primarily for inpatient medical or
surgical care of the sick or injured and including related facilities,
such as out-patient and emergency departments, conference, training,
diagnostic and central service facilities, cafeteria, gift shop, pharmacies,
administrative and staff offices and employee day care, which are
integrated with the hospital facilities or complex.
One or more persons living together in one dwelling unit
and using or sharing living space, cooking, sleeping, and sanitary
facilities.
A surface that has been covered by buildings, structures
or compacted or covered with a layer of material so that it is highly
resistant to infiltration by water. Impervious surface shall not include
the water area of a swimming pool.
The use of any lot for the storage, keeping or abandonment
of junk, including scrap metals or other scrap material, or for the
dismantling, demolition or abandonment of structures, automobiles
or other vehicles, equipment and machinery or parts thereof; provided,
however, that this definition shall not be deemed to include any of
the foregoing uses which are accessory and incidental to any agricultural
or industrial use permitted in any zone. The term "junkyard" as herein
defined includes automobile wrecking yards.
The fabrication, assembly or processing, or the storage in
bulk, of goods and materials inside of a building where such activities
or materials create no hazard from fire or explosion or produce no
toxic or corrosive fumes, gas, smoke, odors, obnoxious dust or vapor,
offensive noise or vibration, glare, flashes or objectionable effluent.
An area within a dwelling unit.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
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, provided that in triangular lots having no rear
lot line the distance shall be measured to the midpoint of a line
parallel to the front lot line which shall be not less than 10 feet
in length measured between its intersections with the side lot lines.
That portion of a lot abutting and extending along the front
property line. This definition shall apply to all lots, including,
but not limited to, odd-shaped lots, triangular lots and lots having
curved or irregular front lines.
The total horizontal area included within lot lines. Where
the front lot line is the center line of a street or lies in part
or in whole in the street area, the lot area shall not include that
part of the lot in use or to be used as a right-of-way.
The mean horizontal width measured at right angles to the
lot depth to be measured at the building line.
Any security which may be accepted by a municipality for
the maintenance of any improvements required by this chapter, including
but not limited to surety bonds, letters of credit and cash.
The minimum amount of the gross acreage of the entire tract
prior to any subdivision or development.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
but fails to conform to the requirements of the zoning district in
which it is located by reason of such adoption, revision or amendment.
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reasons of such adoption, revision or amendment.[2]
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.[3]
A facility providing nursing care to sick, invalid, infirm,
disabled or convalescent persons in addition to lodging and board
or health-related service, or any combination of the foregoing.
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32.
Any fence or barrier that is not more than 75% solid. Examples
of such fencing would be, but shall not be limited to, wire, chain-link,
picket, post and rail, staggered board-on-board, louvered or a similar
type fence.
Any parcel or area of land essentially unimproved and set
aside, dedicated, designated or reserved for public or private use
or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets,
off-street parking, stormwater management facilities and other improvements
that are designed to be incidental to the natural openness of the
land.
That area required for the parking or storage of one automobile.
An unimproved area of land which may include water set aside,
dedicated, designated, or reserved for public or private use and enjoyment
which utilizes and depends on the natural environment and requires
no significant modifications of that environment other than to provide
access. It permits such low-density uses as hiking, fishing, canoeing,
kayaking, unpowered rafting, nature study, horseback riding, and bicycling.
Passive open space typically includes wooded areas, streams, lakes,
and other varieties of natural vegetative areas. For the purpose of
this definition, detention and retention basins represent a developed
use of the land and are not considered passive open space.
Any surface that permits a significant portion of surface
water to be absorbed.
An area of a minimum contiguous or noncontiguous size as
specified by ordinance to be developed according to a plan as a single
entity containing one or more structures with appurtenant common areas
to accommodate commercial or office uses, or both, and any residential
and other uses incidental to the predominant use as may be permitted
by ordinance.
Any person or entity whose principals are required to be
licensed by New Jersey law and who supply legal representation, engineering
services, planning services, expert testimony or written reports in
support of an application. Professionals shall include both any individuals
supplying the representation, testimonies or reports and the firms
or entities in which such individuals practice.
A man-made or natural stormwater management collector facility
designed to collect surface and subsurface water and to retain some
or all water that drains into it.
A lot which fronts upon two parallel streets and is not accessible
from one of the parallel streets.
The Planning Board, Board of Adjustment, or other municipal
agency or body which, pursuant to the Municipal Land Use Law and the
Township Ordinance, has jurisdiction over the particular application.
The professional engineer retained or hired by the reviewing
board to advise such reviewing board as to the engineering issues
applicable to particular applications before it.
As covered under N.J.S.A. 18A:1-1 et seq. and the regulations
promulgated thereunder.
A person 55 years of age or older.
A line within any lot, usually marking the limits of a required
yard space, parallel to any property line between which line and the
property line no building, structure or use or portion thereof may
be erected, except as otherwise provided herein.
Any object, device, display or structure, or part thereof,
situated outdoors, which is used to advertise, identify, display,
direct or attract attention to an object, person, institution, organization,
business, product, service, event or location by any means, including
words, letters, figures, designs, symbols, fixtures, colors or illumination
or projected images. Signs do not include the standard size flag or
emblem of any nation, organization of nations, state or city or any
political subdivision thereof or any fraternal, religious or civic
organizations; merchandise, prices, pictures or models of products
or services incorporated in an indoor window display; works of art
which in no way identify a product; or scoreboards located on athletic
fields.
Any site plan not classified as a minor site plan.
A site plan of one or more lots which includes the following:
Does not propose the new construction or addition
to any building or structure greater than 5,000 gross square feet;
Does not disturb more than 10,000 gross square
feet of land area;
Requires 15 or fewer off-street parking spaces;
Is not a planned development, as defined by
N.J.S.A. 40:55D-1 et seq.;
Does not involve the extension of any new street
or off-tract improvement; and
Contains information sufficient to make an informed
judgment as to whether the requirements established by this chapter
for the approval of a minor site plan have been met.
A nursing bed or individual room which provides board, shelter
and twenty-four-hour skilled nursing and medical care to chronic or
convalescent patients. Skilled care nursing units shall be in a facility
that may include accessory uses, including dining rooms, bathing areas,
common areas, offices, clinics, therapy areas, medical facilities
and other space necessary to provide the above services.
Any fence that is a solid, close-boarded-type fence.
That portion of a building included between the surface of
any floor and the surface of the next floor above it or, if there
is no floor above it, then the space between the floor and the ceiling
next above it. No story shall be deemed to be a first story if its
floor level is more than six feet above the level from which the height
of the building is measured. A mezzanine floor shall be counted as
a story if it covers over 1/3 the area of the floor next below it.
For the purposes of this chapter, a split level shall be considered
a one-story structure.
A story, any two exterior sides of which meet a sloping roof
not more than two feet above the floor of such story, or that portion
of any structure herein defined as a "basement."
The dividing line between the lot and the street.
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders, or in the utility system
or mechanical equipment of a structure which materially alters its
usability, capacity or function.
Anything constructed, assembled or erected, the use of which
requires location on the ground or attachment to something having
location on or in the ground and shall include fences which are more
than fifty-percent solid, tanks, towers, advertising devices, bins,
tents, lunch wagons, trailers, dining cars, camp cars or similar structures
on wheels or other supports used for business or living purposes.
The word "structure" shall not apply to service utilities entirely
below the ground.
Any subdivision not classified as a minor subdivision.
A subdivision of an existing conforming lot for the creation
of not more than four lots, one of which includes the remainder of
the original lot, created over a total period of five years; provided
that such subdivision does not involve a planned development, any
new street or the extension of any off-tract improvement, the cost
of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
One of a group of two or more attached dwelling units divided
from each other by vertical walls and each having separate front and
rear or front and side entrances from the outside.
The Township engineering official appointed by the Mayor.
The purpose for which land or a building thereon is designed,
arranged or intended or for which it is or may be occupied or maintained.
Those areas meeting the definition of wetlands under N.J.S.A.
13:9B-1 et seq. and enforced by the New Jersey Department of Environmental
Protection.[4]
An open space located on the same lot with a building or
a group of buildings, which open space lies between the principal
building or group of buildings and the nearest lot line and is unoccupied
and unobstructed from the ground upward except as herein permitted.
A yard extending across the full width of the lot and lying
between the front property line of the lot and the front yard building
or parking setback line. The depth of the front yard shall be measured
at right angles to the front property line of the lot.
A yard extending across the full width of the lot and lying
between the rear property line of the lot and the rear yard building
or parking setback line. The depth of a rear yard shall be measured
at right angles to the rear property line of the lot.
An open, unoccupied space between the side property line
of the lot and the side yard building or parking setback line and
extending from the front yard to the rear yard, or in the absence
of either of such yards, to the front or rear property lines as the
case may be. The width of a side yard shall be measured at right angles
to the side property line of the lot.
The Zoning Officer shall be the Township Official appointed
by the Township Council.
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
