Township of Hanover, NJ
Morris County
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Table of Contents
Table of Contents
This chapter shall be known as the "Land Use Ordinance" of the Township of Hanover.
It is the intent and purpose of this chapter to:
A. 
Encourage action to guide the appropriate use or development of all lands in the Township of Hanover in a manner which will promote the public health, safety, morals and general welfare.
B. 
Secure safety from fire, flood, panic and other natural and man-made disasters.
C. 
Provide adequate light, air and open space.
D. 
Ensure that the development of the Township of Hanover does not conflict with the development and general welfare of neighboring municipalities.
E. 
Promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods and the entire municipality as well as the preservation of the environment.
F. 
Encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies.
G. 
Provide sufficient space in appropriate locations for a variety of residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements.
H. 
Encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging the location of such facilities and routes which result in congestion or blight.
I. 
Promote a desirable visual environment through creative development techniques and good civic design and arrangements.
J. 
Promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land.
K. 
Establish orderly and uniform procedures relating to land use and development regulation.
L. 
Encourage senior citizen community housing construction.
[Added 12-11-1997 by Ord. No. 34-97]
M. 
Promote utilization of renewable energy sources.
[Added 12-11-1997 by Ord. No. 34-97]
N. 
Promote the maximum practicable recovery and recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the State Recycling Plan goals and to complement Township recycling programs.
[Added 12-11-1997 by Ord. No. 34-97]
A. 
It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically or impliedly repealed by this chapter, or any private restrictions placed upon property by covenant, deed or other private agreement unless repugnant hereto.
B. 
Where this chapter imposes a greater restrictions upon the use of buildings or premises or upon the height of buildings or lot coverage or requires greater lot area or longer yards or other open spaces than are imposed or required by such rules, regulations or permits or by such private restrictions, the provisions of this chapter shall control.
A. 
For the purposes of this chapter, certain terms are defined as follows:
ACCESSORY BUILDING
A subordinate building or structure on the same lot as a main building, or a portion of the main building, occupied or devoted exclusively to an accessory use. When an accessory building is attached to a main building in a substantial manner by a wall or roof, such accessory building shall be considered part of the main building.
ACCESSORY USE
A use naturally and normally incident to and subordinate to the primary function of the premises. More particularly, but not by way of limitation, the same shall be construed to include a driveway, private swimming pool, private road, alley, railroad spur, sidetrack or switch or other facilities for ingress and egress, whether by foot or vehicle.
ACTIVE ADULT RESIDENTIAL DWELLING
A residential development for persons 55 years of age or older so as to qualify for the "housing of older persons" within the meaning of the Fair Housing Amendments Act of 1998 and any amendments thereto, including but not limited to the Housing for Older Persons Act of 1995.
[Added 12-19-2005 by Ord. No. 36-2005]
ACTIVE RECREATIONAL AREA
An area devoted to leisure-time activities, usually of a formal nature and often performed with others, requiring equipment and taking place at prescribed places, sites or fields. Active recreational areas include, but are not necessarily limited to, facilities for swimming, tennis and other court games, baseball, football, soccer and other field sports, track and playground activities, and the parking areas that serve such facilities.
[Added 12-13-2001 by Ord. No. 18-2001]
ADMINISTRATIVE OFFICER
Where the Municipal Land Use Law at N.J.S.A. 40:55D-1 et seq. shall reference the "administrative officer," said term shall refer to the following officials in the circumstances indicated, unless a different municipal official or officials are designated by ordinance or statute:
[Amended 5-8-2014 by Ord. No. 17-14]
Statutory Reference
Function
Township Official
N.J.S.A. 40:55D-7
Certification of conforming lots
Zoning Officer
N.J.S.A. 40:55D-7
Zoning permits
Zoning Officer
N.J.S.A. 40:55D-8
Repository of current agency rules and regulations
Township Committee:
Township Clerk
Planning Board:
Board Secretary
Board of Adjustment:
Board Secretary
N.J.S.A. 40:55D-9c
Repository of meeting minutes
Township Committee:
Township Clerk
Planning Board:
Board Secretary
Board of Adjustment:
Board Secretary
N.J.S.A. 40:55D-10b
Repository of maps and documents for development applications and appeals
Township Committee:
Township Clerk
Planning Board:
Board Secretary
Board of Adjustment:
Board Secretary
N.J.S.A. 40:55D-10h
Repository of resolutions setting forth agency decisions on development applications or appeals
Township Committee:
Township Clerk
Planning Board:
Board Secretary
Board of Adjustment:
Board Secretary
N.J.S.A. 40:55D-10.4c
Repository of proof of service regarding failure of agency to act within statutory time limits
Planning Board:
Board Secretary
Board of Adjustment:
Board Secretary
N.J.S.A. 40:55D-12c
Preparation of certified list of property owners for notice purposes
Deputy Township Clerk
N.J.S.A. 40:55D-12.1b
Registrar and repository of list of public utilities, cable television companies and local utilities for notice purposes
Tax Assessor
N.J.S.A. 40:55D-12.2
Notification of local utilities concerning registration requirement for notice
Tax Assessor
N.J.S.A. 40:55D-18
Zoning permits and other permits for development activity
General:
Zoning Officer
Tree permits:
Township Engineer
Grading permits:
Township Engineer
Flood hazard area permits:
Township Engineer
N.J.S.A. 40:55D-45.3,
40:55D-46a, c,
40:55D-46.1a,
40:55D-47b,
40:55D-48a, c,
40:55D-50b,
40:55D-61,
40:55D-67,
40:55D-76c
Submission of development applications; certification of failure of board to act within statutory period
Planning Board:
Board Secretary
Board of Adjustment:
Board Secretary
N.J.S.A. 40:55D-45.7a
Notification of completion of section of general development plan
Planning Board:
Board Secretary
Board of Adjustment: Board Secretary
N.J.S.A. 40:55D-56, 40:55D-57
Certification of subdivision approval
Planning Board:
Board Secretary
Board of Adjustment:
Board Secretary
N.J.S.A. 40:55D-68
Request for and issuance of certification of nonconforming use or structure
Within one year of ordinance rendering use or structure nonconforming:
Zoning Officer
Any time: Board of Adjustment Secretary (submission) or Board of Adjustment (certification)
N.J.S.A. 40:55D-70a,
40:55D-70.2,
40:55D-72,
40:55D-73a,
40:55D-74
Appeal of administrative officer decision regarding zoning regulations or official map regulation
General:
Zoning Officer
Tree permits:
Township Engineer
ADULT DAY-CARE CENTER
A facility or distinct part of a facility which is licensed by the New Jersey State Department of Health to provide preventive, diagnostic, therapeutic and rehabilitative services under medical supervision to meet the needs of functionally impaired adult patients who are not related by marriage, blood or adoption to the person or persons designated to assume legal responsibility for the management, operation and financial viability of facility. Adult day health care facilities provide services to patients for a period of time which does not exceed 12 hours during any calendar day.
[Added 2-12-2004 by Ord. No. 2-2004]
AFFORDABLE
Having a sales price or rent within the means of a low- or moderate-income household as defined in N.J.A.C. 5:93-7.4, or for housing developed in accordance with the third-round rules of the New Jersey Council on Affordable housing, as defined and regulated by N.J.A.C. 5:97-9, as amended.
[Amended 12-9-1999 by Ord. No. 28-99; 6-9-2005 by Ord. No. 19-2005; 8-12-2010 by Ord. No. 22-10]
ALTERATION OF BUILDING
Any change in the supporting members of a building, any addition to or diminution of a building or change in use from that of one zone district classification to another, any conversion of a building or a part thereof or the removal of a building from one location to another.
AMENDED APPROVAL
An action of the Planning Board or Board of Adjustment, as applicable, that amends the subject, terms and/or conditions of a prior approval, and which occurs prior to the issuance of a certificate of occupancy, certificate of continued occupancy, filing of a subdivision plat or deed with the county recording officer, or any other perfection of the such prior approval. Amended approval is by resolution of the board and involves only minor modifications from the original application. Applications that, in the opinion of the reviewing board, deviate substantially from the initial application are not properly the subject of amended approval; rather, such applications are to be considered new applications and are subject to the same requirements for approval as if there had been no prior approval.
[Added 12-22-2008 by Ord. No. 32-08]
AMUSEMENT DEVICE
Any machine, contrivance or device which, upon the insertion of a coin, token, plate, disc or key into a slot, crevice or other opening, 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, without limitation, such devices as marble machines, skill ball, pinball, mechanical games or contrivances commonly known as "baseball," "hockey," "basketball," "football," "target shooting" or "bowling" or any similarly named device or any device which utilizes an electronic display to reproduce symbolic figures and lines intended to be representative of real games or activities.
ANTENNA
A device used to transmit and/or receive radio or electromagnetic waves between earth and/or outer space based structures.
[Added 12-11-1997 by Ord. No. 34-97]
ANTENNA, EXEMPT
An antenna of any of the following types:
[Added 12-11-1997 by Ord. No. 34-97]
(1) 
An antenna that is designed to receive direct broadcast satellite service (DBS), including direct-to-home satellite service, and is one meter (39.37 inches) or less in diameter.
(2) 
An antenna that is designed to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services (MMDS), instructional television services and local multipoint distribution services, and is one meter (39.37 inches) or less in diameter or diagonal measurement, provided that if such antenna is located on a mast, the mast is 12 feet or less in height.
(3) 
An antenna that is designed to receive television broadcast signals (TVBS), provided that if it is located on a mast, the mast is 12 feet or less in height.
(4) 
A transmission satellite dish no greater than one meter (39.37 inches) in diameter.
(5) 
A receive-only satellite dish greater than one meter (39.37 inches) and less than or equal to two meters (78.74 inches) in diameter and located in a nonresidential zone district.
(6) 
A transmission satellite dish no greater than two meters (78.74 inches) in diameter and located in a nonresidential zone district.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use or zoning variance.[1]
ATTIC
The nonhabitable space between the ceiling of the top habitable floor and roof rafters in a building.
[Added 5-12-2005 by Ord. No. 14-2005]
BASEMENT
An interior space or a portion of an interior space having a floor below the average outside elevation of ground at the foundation wall.
BREEZEWAY
A porch or roofed passageway with open sides, used for connecting two buildings.
[Added 5-12-2005 by Ord. No. 14-2005]
BUFFER
Also referred to as "buffer area," "buffer zone," "buffer yard," and/or "transitional buffer yard." An area of land that provides screening and space between adjoining zone districts and/or land uses and which helps reduce or eliminate harmful and offensive impacts between incompatible zone districts and/or land uses.
[Added 12-13-2001 by Ord. No. 18-2001]
BUILDING
A structure having a roof and exterior walls, all of which extend from the roof to the foundation, and which is completely enclosed on all sides, except for doors and windows, and which is used or intended to be used for the housing or shelter of persons, animals or property of any kind.
BUILDING COVERAGE
The maximum horizontal projection of all buildings or roofed structures on a lot, divided by the lot area and expressed as a percentage. Building coverage shall be measured at the outside face of exterior walls or, in case no exterior walls are involved, measured from the exterior face of columns, railings or the like, but excluding, roof overhangs.
[Added 6-13-1996 by Ord. No. 6-96]
CABLE TELEVISION COMPANY
A cable television company as defined pursuant to Section 3 of P.L. 1972, c. 186 (N.J.S.A. 48:5A-3).
[Added 12-11-1997 by Ord. No. 34-97]
CALIPER
The diameter of a nursery tree measured at six inches above the natural soil grade (root collar) if the resulting measurement is no more than four inches. If the resulting measurement is more than four inches, the measurement is made at 12 inches above the root collar. Trees over eight inches in diameter are measured with the DBH method.
[Added 12-19-2011 by Ord. No. 30-11]
CELLULAR TELECOMMUNICATIONS ANTENNA
An antenna that is intended for commercial transmission or reception of personal wireless telephone services communications and including commercial mobile services communications, unlicensed wireless services communications and common carrier wireless exchange access services and also including any other accessory structures and equipment necessary for such transmission or reception. A "freestanding cellular telecommunications antenna" is such an antenna supported by a tower, mast, pole or similar structure designed primarily for supporting and raising the vertical elevation of such antenna.
[Added 4-10-1997 by Ord. No. 11-97]
CHILD-CARE CENTER
Any facility which is maintained for the care, development or supervision of six or more children who attend the facility for less than 24 hours a day and which is licensed as a child-care center by the Department of Human Services. This term shall not include any of those facilities or uses which are not included within the definition of "child-care center" contained in the Child Care Center Licensing Act (N.J.S.A. 30:5B-1 to 30:5B-15).[2]
[Added 5-13-1993 by Ord. No. 12-93]
COMMON OWNERSHIP
Ownership of two or more contiguous parcels of real vacant property, whether by one person or by two or more persons owning such property jointly as joint tenants, as tenants by entirety or as tenants in common.
COMMUNITY CENTER
Building(s) and/or land(s) used for recreational, social, educational and cultural activities, and uses ancillary thereto, and which may include an independent/assisted living facility and a multifamily building or buildings as components of the use. A community center is open to the public or a designated part of the public and is owned and operated by a nonprofit group or agency.
[Added 11-14-1996 by Ord. No. 17-96; amended 5-12-2011 by Ord. No. 15-11]
COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIES
A community residential facility licensed pursuant to P.L. 1977, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than 15 persons with head injuries, who require assistance, temporarily or permanently, in order to live in the community, and shall include but not be limited to group homes, halfway houses, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health-care facility within the meaning of the Health Care Facilities Planning Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.).
[Added 6-13-1996 by Ord. No. 6-96]
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
Any community residential facility licensed pursuant to P.L. 1977, c. 448 (N.J.S.A. 30:11B-1 et seq.), providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons who require assistance, temporarily or permanently, in order to live in the community, and shall include but not be limited to group homes, halfway houses, intermediate-care facilities, supervised apartment living arrangements and hostels.
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
Any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services, providing food, shelter, medical care, legal assistance, personal guidance and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.
CONCEPT PLAN
The optional, initial development plan for subdivisions and/or site plans, of sufficient accuracy and detail to be used for the purpose of informal review, evaluation and nonbinding comment by the Planning Board and meeting the requirements of this chapter.
CONDITIONAL USE
A use permitted in a particular zone district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Planning Board.[3]
CONFERENCE CENTER
A facility designed and used for service organizations, business conferences, professional conferences and seminars limited to accommodations for conference attendees, including sleeping, eating and recreation accommodations.
[Added 3-25-2004 by Ord. No. 5-2004]
CONTRIBUTION FIXTURE RATE
The total investment required by Hanover Township for the installation and operation of an underground streetlighting improvement in any application for development pursuant to a program established by the Jersey Central Power and Light Company.
CONVENIENCE STORE
An establishment primarily engaged in the retail sale of convenience foods and beverages, newspapers and magazines.
[Added 12-20-2012 by Ord. No. 27-12]
DATA PROCESSING CENTER
A facility used to house computer, teleprocessing and related equipment where electronic data is processed by equipment and/or persons, including, without limitation, data entry, storage, conversion, backup and disaster recovery. Such facilities may also be referred to as data centers, internet data centers, carrier hotels, telecom hotels or data colocation facilities, and may be used by one entity or shared by multiple entities.
[Added 2-12-2004 by Ord. No. 2-2004; amended 3-25-2004 by Ord. No. 5-2004; 9-8-2011 by Ord. No. 25-11]
DBH (DIAMETER AT BREAST HEIGHT)
The diameter of a tree trunk, measured at a height of 4.5 feet above the ground at the base of the tree, calculated as the circumference (or girth) of the tree divided by pi (3.1416). On sloping ground, the "aboveground" reference point is the average between the highest and lowest points of ground at the base of the tree. If the DBH point falls on a swelling in the trunk, it is measured below the swelling at the point where the diameter is smallest. In the case of trees with multiple trunks, the DBH of each trunk shall be measured separately.
[Added 12-19-2011 by Ord. No. 30-11; amended 8-8-2013 by Ord. No. 22-13]
DENSITY
The permitted number of dwelling units per gross area of land to be developed.
DESIGNED SHOPPING CENTER
A group of commercial establishments, primarily retail sales and retail service establishments, planned, constructed and managed as a single entity and having a minimum gross floor area and a minimum lot area as specified in the zoning regulations, with customer and employee parking provided on site, provision for goods delivery separated from customer access, aesthetic considerations, protection from the elements, landscaping and signage in accordance with an approved plan. Notwithstanding the above, the specific nature of the uses and the number of buildings or attached buildings comprising a designed shopping center shall be as permitted by the zoning regulations, Part 5, of this chapter.
[Added 12-11-1997 by Ord. No. 34-97; amended 12-13-2012 by Ord. No. 23-12]
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure; and any use or change in the use of any building or other structure, or land or extension of the use of land, for which permission may be required pursuant to this chapter.
DISTURBANCE
Any activity involving the clearing, excavating, storing, grading, filling or transporting of soil or any other activity which causes soil to be exposed to the danger of erosion, and any removal of trees.
[Added 12-19-2011 by Ord. No. 30-11]
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of stormwater sewers or drainage ditches 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 in accordance with Chapter 1 of Title 58 of the Revised Statutes,[4] and including lands intended as flood-control basins.
DRIP LINE
An imaginary line on the surface and subsurface of the ground defined by the outer limits of the branches of a tree and measured plumb from the branches to the ground. When the outer limits of the branches are indistinct or otherwise unclear, the drip line shall be presumed to be located 1 1/2 feet from the center of the trunk of a tree for each inch of the trunk DBH. In the case of trees with multiple trunks, the drip line of each trunk shall be measured separately.
[Added 12-19-2011 by Ord. No. 30-11; amended 8-23-2012 by Ord. No. 19-12; 8-8-2013 by Ord. No. 22-13]
DWELLING UNIT
Living accommodations designed and used for occupancy by one family only, provided that said unit may contain not more than two persons, who shall be referred to as "roomers" or "boarders," but said roomers or boarders shall be guests or lessees of the primary occupants of the dwelling and shall not have separate kitchen or dining facilities, and further provided that such living accommodations shall not be divided or partitioned in any way so as to prevent free access between all portions of the dwelling unit. For the purposes of this chapter, a kitchen or dining facility shall contain a refrigerator and a stove or cooking unit of any type.[5]
[Amended 10-22-1998 by Ord. No. 25-98]
FAMILY
Up to two persons unrelated by blood, marriage or adoption, or any number of individuals related by blood, marriage or adoption, living privately together as a single housekeeping unit and using certain rooms and cooking facilities in common. Nothing herein contained shall be construed to prevent the placement of foster children by the New Jersey State Board of Child Welfare or a duly incorporated child welfare agency with families living in a one-family zone district.
FAMILY DAY-CARE HOME
A private residence in which child-care services are provided for a fee to no more than five children at any one time for no less than 15 hours per week and 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.).
[Added 5-13-1993 by Ord. No. 12-93]
FAST-FOOD RESTAURANT
An establishment whose principal business is the sale of meals, desserts or beverages to the customer in a ready-to-consume state for consumption either within the restaurant building or for carry out with consumption off the premises, and which typically serves or sells such items in edible containers or in paper, plastic or other disposable containers.
[Added 11-23-2009 by Ord. No. 18-09]
FINAL APPROVAL
The official action of the Planning 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.
FINAL PLAT
The final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with these regulations and which, approved, shall be filed with a county recording officer. A final plat shall have affixed thereto a seal of a licensed land surveyor in compliance with all provisions of Chapter 141 of the Laws of 1960.[6] This must be filed with the appropriate county officials within 90 days after final approval is granted.
FLOOR AREA
Also known as "gross floor area." The area of all floors in a building or other roofed structure, measured from the outside face of exterior walls, and including the area of interior walls. The regulations of floor area, and exclusions from such regulation, are as set forth in various sections of this chapter.
[Amended 6-13-1996 by Ord. No. 6-96; 5-12-2005 by Ord. No. 14-2005; 8-23-2012 by Ord. No. 17-12; 2-12-2015 by Ord. No. 1-15]
FLOOR AREA RATIO
The floor areas of all principal and accessory buildings divided by the total area of the site, subject to the exclusions in § 166-113.2 unless specifically defined or regulated otherwise in the zoning regulations.
[Amended 8-23-2012 by Ord. No. 17-12; 2-12-2015 by Ord. No. 1-15]
FRESHWATER WETLAND
An area defined, designated and regulated by the New Jersey Department of Environmental Protection at N.J.A.C. 7:7A.
[Added 12-19-2011 by Ord. No. 30-11]
FRESHWATER WETLAND TRANSITION AREA
An area of upland adjacent to a freshwater wetland defined, designated and regulated by the New Jersey Department of Environmental Protection at N.J.A.C. 7:7A.
[Added 12-19-2011 by Ord. No. 30-11]
GARAGE, PRIVATE
A detached accessory building, portion of the main building or other roofed structure designed and used primarily for the storage of motor vehicles.[7]
[Amended 5-12-2005 by Ord. No. 14-2005]
GASOLINE STATION
An establishment primarily engaged in retailing automotive fuels (e.g., diesel fuel, gasohol, gasoline, alternative fuels) and in the refueling of motor vehicles to the general public on the same premises where the fuel is stored.
[Added 5-12-2016 by Ord. No. 15-16]
GOVERNING BODY
The duly constituted Township Committee of the Township of Hanover.
GROSS LEASABLE AREA
The total floor area designed for tenant occupancy and exclusive use, including but not limited to basements and mezzanines and outdoor sales, outdoor display and outdoor dining areas, but excluding enclosed atriums or malls used for public access or shared tenant access, parking decks, and basement and mezzanine areas used exclusively for mechanical support equipment and utilities.
[Added 12-13-2012 by Ord. No. 23-12]
HEIGHT OF BUILDING OR STRUCTURE
Except as may be specifically provided otherwise by this chapter, the vertical distance from the average elevation of normal grade at the base of the building or other structure to the level of the highest point of the building or other structure. "Normal grade," as referred to above, shall be construed to be the newly established elevation of the ground after construction, exclusive of any filling, berming, mounding, retaining wall or excavation that alters the elevation of the ground at the base of the building or other structure from the elevation of the ground in the general vicinity of such building or other structure. In the event of such alteration, "normal grade" shall be construed to be the elevation that would result if such deviation in elevation were eliminated. For purposes of administering the foregoing definition, the following structures shall be excluded in determining the highest point of the building or structure.
[Amended 8-12-1999 by Ord. No. 21-99; 8-14-2008 by Ord. No. 20-08]
(1) 
Cupolas and church spires.
(2) 
Belfries.
(3) 
Chimneys up to 20 feet above the highest permitted building.
(4) 
Flagpoles, except as regulated by § 166-141L.
HIGHWAY BARRIER
A barrier located along the traveled way of a highway and constructed of concrete, wood, stone or similar material, or an earthen berm, which is at least 12 feet in height above the grade of the traveled way immediately adjacent to such highway and which mitigates the harmful effects of noise, odors and light from the highway onto adjacent property and screens views of the highway from adjacent property. A highway barrier may be constructed and owned by a public or private entity, but the design of such barrier shall be similar to that approved for use within the highway right-of-way.
[Added 12-13-2001 by Ord. No. 18-2001]
HISTORIC SITE
Any real property, man-made structure, natural object or configuration or any portion or group of the foregoing of historical, archaeological, cultural, scenic or architectural significance.
[Amended 12-11-1997 by Ord. No. 34-97]
HOME IMPROVEMENT SUPERSTORE
A retail facility specializing in the sale of home improvement merchandise, typically including such items as lumber, tools, paint, lighting, wallpaper, paneling, kitchen and bathroom fixtures, lawn equipment and plant and garden accessories, and which may include a garden center.
[Added 8-12-2010 by Ord. No. 22-10]
HOTEL
An establishment in which each lodging unit has access only via internal hallways or a lobby and in which each unit is separately equipped with individual sleeping and bathroom facilities, offered to transient guests for compensation. For purposes of administering this definition, "transient guests" shall mean persons residing for a period not to exceed 90 days, and maintaining a primary residence at a location other than the hotel or intending to establish a primary residence at such a location and doing so within 90 days after taking up original residence at the hotel. The definition of "hotel" includes customary ancillary facilities, when said facilities are provided, such as restaurants, bars, gift shops, barbershops, auditoriums or banquet or convention accommodations. The term "hotel" is distinct from the terms "motel," "boarding house," "rooming house" or "apartment hotel."
[Amended 11-14-1996 by Ord. No. 18-96]
HOUSE OF WORSHIP
A building or structure, or group of buildings or structures that is/are: 1) used primarily by groups of persons organized as a nonprofit organization recognized by the Federal Internal Revenue Service as a 501c(3) organization; and 2) used primarily for organized religious services and the accessory uses associated therewith. This definition shall include, but not be limited to: chapels, churches, congregations, temples, mosques, shrines and similar structures.
[Added 7-14-2016 by Ord. No. 20-16]
IMPROVEMENT COVERAGE
The maximum horizontal projection of all structures and improvements on a lot, excluding only areas covered with vegetation, divided by the lot area and expressed as a percentage. Improvements which are to be calculated as part of the improvement coverage on a lot include, but are not limited to, buildings and other roofed structures, parking areas, driveways, decks and patios, porches, steps, sidewalks, swimming pools, other paved areas, etc.
[Added 6-13-1996 by Ord. No. 6-96]
INDEPENDENT/ASSISTED LIVING FACILITY
A multifamily residence designed to provide a supportive living environment for the independent, semi-independent to infirm older adult, including independent living, congregate care and assisted living facilities, and which typically offers, in addition to rental of private or semi-private rooms, the following services: meals, personal care, financial management, monitoring of medication or supervision of self-administration of medication, housekeeping, social and recreation activities, transportation and twenty-four-hour site supervision. Assisted living housing facilities are licensed and inspected by the New Jersey Department of Community Affairs as a Class C rooming and boarding home or are licensed and inspected by the New Jersey Department of Health as an assisted living residence.
[Added 11-14-1996 by Ord. No. 17-96]
INDOOR PHYSICAL FITNESS FACILITY
A building in which facilities, training and/or instruction are provided on a membership or class enrollment basis for weight reduction, physical exercise and other physical fitness conditioning, athletics training, dance instruction and limited sports activity not involving spectator viewing. Included within this definition are aerobic dance and exercise classes, health clubs, indoor tennis and racquet clubs, gymnastics training facilities, indoor swim clubs and dance schools. Not included within this definition are outdoor facilities, any facility providing space, equipment or services involving video arcades and other similar amusement uses or facilities involving spectator viewing.
[Added 5-13-1993 by Ord. No. 12-93]
INDUSTRIAL USE
A business establishment primarily engaged in the mechanical, physical, or chemical transformation of materials, substances, or components into new products. The materials, substances, or components transformed by industrial uses are raw materials that are products of agriculture, forestry, fishing, mining, or quarrying as well as products of other industrial establishments. The materials used may be purchased directly from producers, obtained through customary trade channels, or secured without recourse to the market by transferring the product from one establishment to another under the same ownership. Industrial uses may process materials or may contract with other establishments to process their materials for them. Industrial uses are often described as plants, factories, or mills and characteristically use power-driven machines and material handling equipment. The assembling of component parts of manufactured products is considered an industrial use, except as specifically excluded below. The new product of an industrial use may be finished in the sense that it is ready for utilization or consumption, or it may be semifinished to become an input for an establishment engaged in further transformation. Notwithstanding the foregoing, the following activities, when conducted as a principal use, shall not be considered industrial uses:
[Added 12-14-2017 by Ord. No. 26-2017]
(1) 
Tree harvesting or processing;
(2) 
Mining and related activities;
(3) 
Construction of structures and fabrication at the construction site by contractors;
(4) 
Wholesale sales of finished products;
(5) 
Warehousing operations;
(6) 
Sorting scrap;
(7) 
Mixing paints to customer order.
INSTITUTIONAL USES
Establishments limited to houses of worship, schools teaching academic subjects and schools teaching disabled or special-needs children, state-licensed hospitals and libraries. Specifically excluded from this definition are child-care centers and other uses operating as a principal use on the same site as one of the foregoing uses.
[Amended 8-10-1995 by Ord. No. 23-95; 2-22-2007 by Ord. No. 5-07; 7-14-2016 by Ord. No. 20-16]
(1) 
In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey.
(2) 
In the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the Township, whose rights to use, acquire or enjoy property are or may be affected by any action taken under this chapter or under any other law of this state or of the United States or whose rights have been denied, violated or infringed by an action or a failure to act under this chapter.[8]
LEED
An acronym for Leadership in Energy and Environmental Design, consisting of various rating and certification systems developed by the U.S. Green Building Council for the design, construction and operation of environmentally responsible and resource-efficient buildings, homes and neighborhoods.
[Added 8-23-2012 by Ord. No. 19-12]
LOCAL UTILITY
Any sewerage authority created pursuant to the Sewerage Authorities Law, P.L. 1946, c. 138 (N.J.S.A. 40:14A-1 et seq.); any utilities authority created pursuant to the Municipal and County Utilities Authority Law, P.L. 1957, c. 183 (N.J.S.A. 40:14B-1 et seq.); or any utility, authority, commission, special district or other corporate entity not regulated by the Board of Regulatory Commissioners under Title 48 of the Revised Statutes that provides gas, electricity, heat, power, water or sewer service to a municipality or the residents thereof.[9]
[Added 12-11-1997 by Ord. No. 34-97]
LONG-TERM EXECUTIVE SUITES LODGING FACILITY
An establishment containing temporary lodging units and support facilities designed to accommodate business travelers typically staying two or more continuous weeks per stay, but not designed or used as a permanent residence.
[Added 3-25-2004 by Ord. No. 5-2004]
LOT
A parcel of land which is or may lawfully be occupied by one main building and accessory building, including the yards required by this chapter. In the event that more than one plot or lot as set forth on any map filed in the office of the Clerk of the County of Morris or lot as set forth on the present or future assessment maps of the Township of Hanover, is used, in part or in full, with one or more other such plots or lots for the erection of a building and its accessories, including yards required by this chapter, the aggregate of all such plots or lots shall, for the purpose of this chapter, be deemed to be one lot.
LOT AREA
The total square-unit contents included within lot lines.
LOT, CORNER
A lot at the junction of and having frontage on two or more intersecting streets. A corner lot may also be bounded on two or more sides by the same street, and may also be a through lot. For purposes of this definition, the right-of-way of Interstate Route 24, Route 178 and Route 287 shall not be considered a street unless such right-of-way is permitted to be used for access to the property by motor vehicles.
[Amended 2-8-2007 by Ord. No. 2-07; 9-13-2018 by Ord. No. 19-2018]
LOT FRONTAGE
A lot line that is coincidental to any abutting street right-of-way line. Corner lots and through lots shall be deemed to have frontage on all abutting streets. For purposes of this definition, the right-of-way of Interstate Route 24, Route 178 and Route 287 shall not be considered a street or a street right-of-way line unless such right-of-way is permitted to be used for access to the property by motor vehicles. In the event that two lot lines do not meet at a point, as for example in the case of intersections where the lot lines intersect with a curve, the length of the lot frontage for each street shall be measured to a point at the intersection of a projection of the lot lines.
[Amended 2-8-2007 by Ord. No. 2-07; 9-13-2018 by Ord. No. 19-2018]
LOT LINE, FRONT
The lot line(s) separating a lot from a street right-of-way. On corner lots and on through lots, all lot lines separating a lot from a street right-of-way are front lot lines, except as specifically provided otherwise by this chapter. For purposes of this definition, the right-of-way of Interstate Route 24, Route 178 and Route 287 shall not be considered a street unless such right-of-way is permitted to be used for direct access to the property by motor vehicles. See illustration, below, for examples using various lot configurations.
[Added 9-13-2018 by Ord. No. 19-2018]
LOT LINE, REAR
The lot line(s) opposite from the front lot line and not intersecting the front lot line, subject, however, to the following:
[Added 9-13-2018 by Ord. No. 19-2018]
(1) 
In the case of interior lots which have side lot lines meeting at a point in the rear of the lot, the rear lot line shall be the point of intersection of the side lot lines.
(2) 
On corner lots in residential zones, the rear lot line(s) shall be the shortest interior lot line(s), and which may intersect one of the front lot lines. If the interior lot lines have the same length, the determination of the rear lot line shall be made by the Zoning Officer, based upon the criteria in § 166-113A(5) and the circumstances involving the particular lot and adjacent properties.
(3) 
On corner lots in nonresidential zones, all lot lines other than front lot lines are side lot lines and there is no rear lot line.
(4) 
On through lots, there may or may not be a rear lot line or lines, depending upon the configuration of the lot.
(5) 
See illustration, below, for examples using various lot configurations. For uncommon lot configurations, the Zoning Officer shall determine the side and rear lot lines, based upon the criteria in § 166-113A(5) and (6) and the circumstances involving the particular lot and adjacent properties.
LOT LINE, SIDE
Any lot line(s) other than the front or rear lot line(s); subject, however, to the following:
[Added 9-13-2018 by Ord. No. 19-2018]
(1) 
On corner lots in residential zones, the side lot line(s) shall be the longest interior lot line(s), and which may intersect one of the front lot lines. If the interior lot lines have the same length, the determination of the side lot line shall be made by the Zoning Officer, based upon the criteria in § 166-113A(5) and the circumstances involving the particular lot and adjacent properties.
(2) 
On corner lots in nonresidential zones, all lot lines other than front lot lines are side lot lines.
(3) 
See illustration, below, for examples using various lot configurations. For uncommon lot configurations, the Zoning Officer shall determine the side and rear lot lines, based upon the criteria in § 166-113A(5) and (6) and the circumstances involving the particular lot and adjacent properties.
FRONT, REAR AND SIDE LOT LINES - EXAMPLES
TBD - Zon. Off." in the above illustration means that the lot line and yard determinations will be made by the Zoning Officer.
LOT, THROUGH
A lot that fronts upon more than one street and where the lot frontage for at least two of the streets is separated by another lot or lots and/or by another street. A through lot may also be a corner lot. For purposes of this definition, the right-of-way of Interstate Route 24, Route 178 and Route 287 shall not be considered a street unless such right-of-way is permitted to be used for direct access to the property by motor vehicles.
[Added 9-13-2018 by Ord. No. 19-2018]
LOT WIDTH
The shortest straight line distance between the two side lot lines of a lot and measured parallel to the front lot line and at a distance from the front lot line specified in the zoning regulations; subject, however to the following:
[Added 9-13-2018 by Ord. No. 19-2018]
(1) 
If such distance from the front lot line is not specified in the zoning regulations, lot width shall be measured at a distance from the front lot line equal to the minimum required front yard setback.
(2) 
In the case of a lot where the width is measured parallel to a front lot line which is not a straight line, the lot width shall be as above, but measured parallel to the shortest straight line which is located entirely within the lot and tangent to the front lot line.
(3) 
In the case of corner lots, the lot width shall be the shortest straight line distance between the side lot line and the front lot line opposite, measured at the distance from the intersecting front lot line as indicated above.
LOW-INCOME HOUSEHOLD
A household having a gross household income less than or equal to 50% of the median gross household income for households of the same size within the housing region in which the housing for said household is located, as approved by the New Jersey Council on Affordable Housing.
[Amended 12-9-1999 by Ord. No. 28-99]
MAINTENANCE GUARANTY
Any security which may be accepted by the Township for the maintenance of any improvements required by this chapter, including but not limited to surety bonds, letters of credit under the circumstances specified in this chapter and cash.
[Added 12-11-1997 by Ord. No. 34-97]
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision.
MARKET-RATE DWELLING UNITS
Housing units not restricted to low- and moderate-income households that may sell at any price determined by a willing seller and a willing buyer.
[Added 6-9-2005 by Ord. No. 19-2005]
MASSAGE PARLOR
A place where persons pay either a membership fee or admission fee or any other fee and where the activity on the premises includes touching, massaging or rubbing of specified anatomical areas or by which specified sexual activities are permitted or encouraged; in addition, any place which offers to massage or touch the anatomy of another in any fashion, in return for compensation, except under the direct supervision of a licensed health care practitioner.
[Added 12-14-1995 by Ord. No. 31-95]
MASTER PLAN
A composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to Section 19 of Chapter 291 of the Laws of 1975.[10]
MINOR SUBDIVISION
Any subdivision which does not involve any new street or the extension of any municipal facilities and which does not contain more than three lots fronting on an existing state, county or municipal street or road, does not adversely affect the development of the remainder of the parcel of adjoining property and is not in conflict with any provision or portion of the Master Plan, Official Map or this chapter. For the purposes of this chapter, municipal facilities shall include any improvement required by Article XIII of this chapter.
MODERATE-INCOME HOUSEHOLD
A household having a gross household income in excess of 50% but less than 80% of the median gross household income for households of the same size within the housing region in which the housing for said household is located, as approved by the New Jersey Council on Affordable Housing.
[Amended 12-9-1999 by Ord. No. 28-99]
MOTEL
An establishment with at least 25% of all lodging units having direct access to the outdoors and in which each unit is separately equipped with individual sleeping and bathroom facilities, intended to accommodate motoring transient guests for compensation. For purposes of administering this definition, "transient guests" shall mean persons residing for a period not to exceed 90 days and maintaining a primary residence at a location other than the motel or intending to establish a primary residence at such a location and doing so within 90 days after taking up original residence at the motel. The definition of "motel" includes customary ancillary facilities, when said facilities are provided, such as restaurants, bars, gift shops, auditoriums or banquet or convention accommodations. The term "motel" is distinct from "hotel," "boarding house," "rooming house" or "apartment hotel."[11]
[Amended 11-14-1996 by Ord. No. 18-96]
MOTOR VEHICLE REPAIR OR MAINTENANCE ESTABLISHMENT
An establishment primarily engaged in the provision of repair, maintenance and/or washing services for motorized passenger vehicles, such as but not limited to passenger cars, pickup trucks, vans, motorcycles and snowmobiles. Excluded from this definition are automotive body shops and body painting establishments, and establishments engaged in the repair, maintenance and/or washing of trucks other than pickup trucks, construction vehicles, construction equipment and other nonpassenger vehicles.
[Added 5-12-2016 by Ord. No. 15-16]
MULTIFAMILY BUILDING
A building containing more than two dwelling units.[12]
MUNICIPAL ENGINEER
The person designated by the Township Committee as the Township Engineer.
NONCONFORMING LOT
A lot, the area, 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 reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE
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 reason of such adoption, revision or amendment.
NONCONFORMING USE
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 reason of such adoption, revision or amendment.
NONRESIDENTIAL SOCIAL ASSISTANCE ESTABLISHMENT
An establishment that provides social assistance services directly to its clients, including child and youth services, services for the elderly and persons with disabilities, other individual and family services, community food services, emergency and other relief services and vocational rehabilitation services, but excluding any establishment that provides housing or shelter, either permanent or temporary, on the subject property. The uses included within this definition are the same as the uses included in Industry Subsector 624, Social Assistance, in the North American Industrial Classification System, 2012 Edition, except that those industries in N.A.I.C.S. Code 6242, Community Food and Housing, and Emergency and Other Relief Services, are not included in this definition.
[Added 7-9-2015 by Ord. No. 17-15]
OCCUPANCY OR OCCUPIED
The residing of a person or persons in a dwelling unit overnight, or the installation, storage or use of equipment, merchandise or machinery in any commercial, public or industrial building.
OFFICE
A room or group of rooms used for conducting the affairs of a business, profession, service, industry or government and predominantly characterized as being furnished with and highly dependent upon desks, chairs, tables, file cabinets and file drawers, telephones and other communication equipment, computers, printers and similar equipment used in the operation.
[Added 12-14-2017 by Ord. No. 26-2017]
OFFICIAL MAP
A map adopted by ordinance pursuant to Article 5 of Chapter 291 of the Laws of 1975.[13] Such map shall be deemed conclusive with respect to the location and width of streets and public drainageways and the location and extent of flood-control basins and public areas, including public parks, playgrounds, trails, paths and other recreation areas, public open spaces, scenic and historic sites, sites for schools and other public buildings and structures, whether or not such streets, ways, basins or areas are improved or unimproved or are in actual physical existence.
OFF-TRACT
Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
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
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.[14]
OWNER
Any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be processed for development under this chapter.
PARKING AREA
An open area other than a street or other public way used for the parking of motor vehicles, and shall include parking spaces and service aisles as herein defined and regulated, but shall not include access drives from a public thoroughfare.
PARKING SPACE
A rectangular space designed to be used as an accommodation for off-street motor vehicle parking, exclusive of access drives or aisles, and meeting the minimum dimensions for such space as set forth in this chapter.
[Amended 7-9-1987 by Ord. No. 22-87; 6-8-1995 by Ord. No. 16-95]
PERFORMANCE GUARANTY
Any security, which may be accepted by the Township, including but not limited to surety bonds, letters of credit under the circumstances specified in this chapter and cash.
[Amended 7-9-1987 by Ord. No. 22-87; 12-11-1997 by Ord. No. 34-97]
PERSON
An individual, proprietorship, partnership, corporation, association or other legal entity.
[Added 8-28-1997 by Ord. No. 28-97]
PERSONAL AND LAUNDRY SERVICES
Services, including but not limited to beauty and barber shops; clothing rental; dry-cleaning pickup service in accordance with the restrictions as set forth in Subsection H of § 166-186.4; laundry service, including self-service laundromats; shoe repair; and tanning salons.
[Added 12-8-2005 by Ord. No. 35-2005]
PERSON WITH HEAD INJURY
A person who has sustained an injury, illness or traumatic changes to the skull, the brain contents or its coverings which results in a temporary or permanent physiobiological decrease of mental, cognitive, behavioral, social or physical functioning which causes partial or total disability.
[Added 6-13-1996 by Ord. No. 6-96]
PLANNED COMMERCIAL DEVELOPMENT
An area of a minimum contiguous or noncontiguous size, as specified by this chapter, to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses or both and any residential and other uses incidental to the predominant use as may be permitted by this chapter.
[Added 2-26-2009 by Ord. No. 5-09]
PLANNED INDUSTRIAL DEVELOPMENT (PID)
An area of at least 50 contiguous or noncontiguous acres to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by this chapter.
[Amended 4-14-1988 by Ord. No. 3-88; 12-22-1993 by Ord. No. 36-93; 6-8-1995 by Ord. No. 16-95; 12-11-1997 by Ord. No. 34-97]
PLAT
The map or maps of a subdivision.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to Sections 34, 36 and 37 of Chapter 291 of the Laws of 1975[15] prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
PRELIMINARY PLAT
The preliminary map indicating the proposed layout of the subdivision, which is submitted to the Township Clerk for Planning Board consideration and preliminary approval and meeting the requirements of § 166-84 of this chapter.
PRELIMINARY SITE PLAN
The preliminary development plan indicating the proposed layout of the site, which is submitted to the Township Clerk for Planning Board consideration and preliminary approval and meeting the requirements of § 166-86 of this chapter.
PRINCIPAL USE
The primary or predominant use of the premises.
PRIVATE SWIMMING POOL
Any artificially constructed basin or other structure for the holding of water for use by the possessor, his family or guests for swimming, diving and other aquatic sports and recreation. The term "swimming pool" does not include any plastic, canvas or rubber pool holding less than 500 gallons of water temporarily erected upon the ground.
PUBLIC UTILITY
Any public utility regulated by the Board of Regulatory Commissioners and defined pursuant to N.J.S.A. 48:2-13.
[Added 12-11-1997 by Ord. No. 34-97]
REFUSE SEPARATION OR RECYCLING STATION
A structure or premises where refuse or waste products are processed by separating the various component parts of the refuse, i.e., glass, paper, rags, wood and metal, and then either transformed into new or different products or shipped out in their separated state.
REFUSE TRANSFER STATION
A structure or premises serving as a collection site serving one or more locations intended for the temporary storage of refuse, garbage or waste products before it is transferred from the site to its disposition.
REGULATED TREE
Any tree required to be preserved, protected or planted, and any tree to be removed that requires approval or notification, pursuant to this chapter, including but not limited to trees having a DBH of six inches or more, trees of any size located within riparian zones, areas of steep slopes, required buffers, trees planted as replacements for trees removed, and any trees required to be planted in accordance with an approved site plan, subdivision or variance application.
[Added 12-19-2011 by Ord. No. 30-11]
RETAIL SALES ESTABLISHMENT
A business establishment primarily engaged in selling or rental of merchandise, generally without transformation, to the general public for personal use or household consumption. Retail sales establishments typically obtain merchandise from producers or other sellers for resale, and operate from a business location to which they attract the general public to buy and/or rent such merchandise. Some producers may be considered retail sale establishments, such as a retail bakery or retail candy store, if most or all of the merchandise produced is sold on the same premises. Retail sales establishments may provide services to the general public, but such services are accessory and incidental to the sale or rental of merchandise on the premises.
[Added 12-14-2017 by Ord. No. 26-2017]
RETAIL SERVICE ESTABLISHMENT
A business establishment primarily engaged in providing services, as opposed to merchandise, to the general public for personal or household use. Retail service establishments include but are not limited to eating and drinking places, hotels, banks, barbers and beauticians, tailors, amusement and recreation services, health services, educational services and social services, museums and galleries. Some retail service establishments may also sell merchandise, such as a restaurant or beauty salon, but such sales are part of the overall service or are accessory and incidental to the services being provided.
[Added 12-14-2017 by Ord. No. 26-2017]
RESIDENTIAL CLUSTER
A contiguous or noncontiguous 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.
[Added 12-11-1997 by Ord. No. 34-97]
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.[16]
[Added 12-11-1997 by Ord. No. 34-97]
RESOURCE RECOVERY PLANTS
A structure or premises where refuse, garbage or waste products are processed to obtain materials or energy by any means, including incineration.
RESTAURANT
An establishment where the principal business is the selling of food in a ready to consume state directly to customers for consumption on or off the premises.
[Added 8-12-2010 by Ord. No. 22-10]
RESUBDIVISION
The changing of any property lines, provided that no additional lots are created. Resubdivision shall also include the assembly of two or more lots into a fewer number of lots than existed prior to resubdivision.
RIPARIAN ZONE
The land and vegetation within 50 feet of all lakes, ponds, rivers and streams. In the case of a river or stream, the riparian zone is measured landward of the feature's center line. In the case of lake or pond, the riparian zone is measured landward of the normal water surface limit.
[Added 12-19-2011 by Ord. No. 30-11]
SELF-SERVICE STORAGE FACILITY
A use containing a building and any structures accessory thereto containing separate, individual and private storage spaces or areas of varying sizes leased or rented on individual leases for varying periods of time, and where tenants have access to such individual spaces, and where such spaces are designed and used for the storage of personal property or business property, but not designed, intended or used for the storage of goods or property that is related to the shipping, delivery, receipt or transfer needs of commercial, industrial or other nonresidential tenants.
[Added 9-28-1995 by Ord. No. 26-95; amended 11-13-2003 by Ord. No. 23-2003]
SENIOR CITIZEN DWELLING UNIT
A dwelling unit restricted by deed or other instrument to occupancy by single individuals 62 years of age or older, by married couples, at least one of whom is 62 years of age or older, or by two closely related persons when both persons are 62 years of age or older. One person under age 62 but over 18 may reside in a dwelling unit with a senior citizen or citizens as permitted above if the presence of said person is essential for the physical care or economic support of the senior citizen or citizens. Sons and/or daughters may reside with a parent or parents as permitted above.
SEX CLUB
A public or private place where persons pay either a membership fee or an admission fee and where the activity on the premises consists, in whole or in part, of direct sexual contact between and among the patrons. Notwithstanding the fact that the owners or operators of a "sex club" contend that the club is private, nevertheless such places shall be deemed to be public if there is nothing about the operation to distinguish a member from anyone else who seeks admittance to the premises.
[Added 12-14-1995 by Ord. No. 31-95]
SEXUALLY ORIENTED BUSINESS
Either or both of the following:
[Added 8-28-1997 by Ord. No. 28-97]
(1) 
A commercial establishment which as one of its principal business purposes offers for sale, rental or display any of the following:
(a) 
Books, magazines, periodicals or other printed material or photographs, films, motion pictures, video cassettes, slides or other visual representations which depict or describe a specified sexual activity or specified anatomical area; or
(b) 
Still or motion-picture machines, projectors or other image-producing devices which show images to one person per machine at any one time and where the images so displayed are characterized by the depiction of a specified sexual activity; or
(2) 
A commercial establishment which regularly features live performances characterized by the exposure of a specified anatomical area or by a specified sexual activity or which regularly shows films, motion pictures, video cassettes, slides or other photographic representations which depict or describe a specified sexual activity or specified anatomical area.[17]
SIGNS
Any billboard, ground sign, roof sign, illuminated sign, temporary sign or sign painted or printed on the exterior surface of a building or structure or painted or printed on or permanently displayed in any window of a building or structure, as well as any announcement, declaration, display, illustration, pennant, decoration, flag or insignia used to advertise or promote the interest of any person, product or business when the same is placed out of doors or in view of the general public.
SINGLE-FAMILY RESIDENCE
A building or structure intended to lawfully accommodate one dwelling unit.
SINGLE OWNERSHIP
Ownership of a separate parcel of real property, whether by one person or by two or more persons owning property jointly as tenants, as tenants by the entirety or as tenants in common, not adjacent to land in the same ownership.
SITE PLAN
A development plan of one or more lots on which is shown:
(1) 
The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways.
(2) 
The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices.
(3) 
Any other information reasonably necessary and required in order to make an informed determination pursuant to this chapter.
SITE PLAN COMMITTEE
A Committee of at least three Planning Board members appointed by the Chairman of the Board for the purposes of reviewing site plans for a report back to the entire Board and such other duties relating to land development which may be conferred on this Committee by the Board and the Board's bylaws.
SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE
A facility or structure for the purpose of supplying electrical energy produced from solar or photovoltaic technologies, whether such facility or structure is a principal use, part of the principal use, or an accessory use or structure.
[Added 12-13-2012 by Ord. No. 24-12]
SOLAR PANEL
An elevated panel or plate, or a canopy or array thereof, that captures and converts solar radiation to produce power, and includes flat plate, focusing solar collectors, or photovoltaic solar cells and excludes the base or foundation of the panel, plate, canopy, or array.
[Added 12-13-2012 by Ord. No. 24-12]
SPECIFIED ANATOMICAL AREA
Less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below a point immediately above the top of the areola or human male genitals in a discernibly turgid state, even if covered.
[Added 8-28-1997 by Ord. No. 28-97]
SPECIFIED SEXUAL ACTIVITY
The fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breast or any actual or simulated act of human masturbation, sexual intercourse or deviate sexual intercourse.
[Added 8-28-1997 by Ord. No. 28-97]
STATE-LICENSED HOSPITAL
A state-licensed institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions and including, as an integral part of the institution related facilities, such as laboratories, outpatient facilities, training facilities, medical offices and staff residences.
[Added 12-11-1997 by Ord. No. 34-97]
STATE-LICENSED NURSING HOME
A facility licensed by the New Jersey State Department of Health and limited to an adult day health care facility as defined in N.J.A.C. 8:36, comprehensive personal care home as defined in N.J.A.C. 8:43F, assisted living residence as defined in N.J.A.C. 8:36 or long-term care facility as defined in N.J.A.C. 8:39.
[Added 12-11-1997 by Ord. No. 34-97; amended 6-10-1999 by Ord. No. 17-99; 7-22-1999 by Ord. No. 20-99]
STEEP SLOPE
Any contiguous area of at least 1,000 square feet having a slope equal to or greater than 20% as measured over any minimum run of 10 feet, excluding any such areas created as part of an approved development application and designed to be maintained without trees in accordance with such approval. Steep slopes are determined based on contour intervals of two feet or less. The percent of slope (i.e., the vertical rise per horizontal distance) shall be calculated by measurement of distance perpendicular to the contour of the slope. For example, any location where there is a two-foot rise over a ten-foot horizontal run constitutes a twenty-percent slope.
[Added 12-19-2011 by Ord. No. 30-11]
STORY
That portion of a building included between the surface of any floor, excluding any basement and half story, and the surface of the floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling or roof next above it.
[Amended 12-19-2005 by Ord. No. 36-2005; 12-14-2006 by Ord. No. 30-2006]
STORY, HALF
That portion of a building located between the roof and a story below and in which the area having a vertical distance of at least seven feet between the floor (or if there is no floor, the floor joists) and the roof rafters does not exceed 1/3 of the horizontal area of the story immediately below.
[Added 12-14-2006 by Ord. No. 30-2006]
STREET
Any street, avenue, boulevard, road, lane, parkway, viaduct or other way which is an existing state, county or municipal roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action or a street or way on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such Planning 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 and other areas within the street lines. The right-of-way width shall be measured from lot line to lot line. For the purposes of this chapter, "streets" shall be classified as follows:
(1) 
Those which are used primarily for fast or heavy traffic. The right-of-way width shall be not less than 66 feet.
(2) 
Those which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development. The right-of-way width shall be not less than 60 feet.
(3) 
Those which are used primarily for access to abutting properties. The right-of-way width shall be not less than 50 feet.
(4) 
Streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic. The right-of-way width shall be not less than 40 feet.
(5) 
The right-of-way width shall be determined on an individual basis according the need but shall not be less than 60 feet.
STRUCTURE
An object consisting of one or more materials which is constructed, erected or placed below, upon or above the ground, or an object attached to one or more materials which is constructed, erected or placed upon, above or below the ground.
SUBDIVIDER
Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or another, and with the owner's written consent presented to the Planning Board.
[Amended 5-8-2014 by Ord. No. 17-14]
(1) 
The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created:
(a) 
Divisions of land found by the Planning Board or Subdivision Committee to be for agricultural purposes, where all resulting parcels are five acres or larger in size.
(b) 
Divisions of property by testamentary or interstate provisions.
(c) 
Divisions of property by court order, including but not limited to judgments of foreclosure.
(d) 
Consolidation of existing lots by deed or other recorded instrument.
(e) 
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 this chapter and are shown and designated as separate lots, tracts or parcels on the Tax Map or Atlas of the Township.
(2) 
The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION COMMITTEE
A Committee of at least three Planning Board members appointed by the Chairman of the Board for the purpose of classifying subdivisions in accordance with the provisions of this chapter, reviewing subdivisions and such other duties relating to land subdivision which may be conferred on this Committee by the Board and the Board's bylaws.
SUBDIVISION EXEMPTION
An exemption granted by the Planning Board from the procedures established for subdivisions in Part 4 of this chapter for an alteration, diminution, creation or elimination of any lot line which does not constitute a subdivision under the definition of a subdivision pursuant to this chapter, such as divisions of land found by the Planning Board or Subdivision Committee to be for agricultural purposes, where all resulting parcels are five acres or larger in size; divisions of property by testamentary or interstate provisions; divisions of property by 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 this chapter and are shown and designated as separate lots, tracts or parcels on the Tax Maps or Atlas of the Township.
[Amended 5-8-2014 by Ord. No. 17-14]
SUPERMARKET
A retail store selling a complete assortment of food, food preparation and wrapping materials and household cleaning items. Supermarkets may also contain the following products and services as accessory uses: automated teller machines, automobile supplies, bakeries, books and magazines, cafes and other eating areas, dry cleaning, floral arrangements, greeting cards, limited-service banks, photo centers, pharmacies, video rental and other accessory uses.
[Added 8-12-2010 by Ord. No. 22-10]
SUSTAINABLE DESIGN
The design of physical objects, the built environment and services in order to comply with the principles of economic, social and ecological sustainability.
[Added 12-19-2011 by Ord. No. 30-11]
SUSTAINABLE DEVELOPMENT
Development that is intended to meet human needs while preserving the environment for both present and future generations.
[Added 12-19-2011 by Ord. No. 30-11]
TATTOO PARLOR
Any establishment, shop or operation wherein a tattoo is removed from or affixed upon the surface of a human body.
[Added 12-14-1995 by Ord. No. 31-95]
TOPSOIL
The surface soil to a depth of four inches as it exists in its natural state prior to removal or displacement for any purpose whatsoever during the course of land development or improvement.
TOWNHOUSE
A residential building in which the dwelling units are not located over other dwelling units; each have their own front and rear walls; and share one or both side walls with other dwelling units in the same building and which side wall runs vertically for the full height of the building. Townhouses are also commonly known as "row houses" and "single-family attached dwellings."
[Added 8-14-2008 by Ord. No. 18-08]
TRANSCRIPT
The typed or printed verbatim record of the proceedings or reproduction thereof.
TREE
Any deciduous or coniferous woody plant species which typically reaches a mature height of at least 20 feet and a DBH of six inches or greater, in the case of a single stem tree, or an average DBH of six inches for each trunk, in the case of a clump form tree.
[Added 12-19-2011 by Ord. No. 30-11]
TREE PROTECTION ZONE (TPZ)
A space above and below the ground within which trees are to be retained and protected in order to prevent or minimize potential injury to designated trees, especially during construction or development. Tree protection zones are generally the same as the area within the drip line, but may be different, depending upon various site construction factors.
[Added 12-19-2011 by Ord. No. 30-11; amended 8-23-2012 by Ord. No. 19-12]
TRUCKING TERMINAL
A structure serving as a location intended for the temporary storage and transfer of freight, merchandise or material from interstate, over-the-road motor freight vehicles to small vehicles for more local distribution and delivery to its final destination.
VENEER
The finished surface of a building, excluding cement, plaster or paint on cinder blocks.[18]
YARD, FRONT
A space extending across the full width of the lot and located between the front lot line and the nearest principal building or principal structure located on said lot; subject, however, to the following:
[Added 9-13-2018 by Ord. No. 19-2018]
(1) 
On corner lots, there are two or more front yards, with such yards extending across the full width and depth of the lot, between the front lot lines and the nearest principal building or principal structure located on said lot.
(2) 
On through lots, there are two or more front yards, except as specifically provided otherwise by this chapter; one front yard is a space extending across the full width of the lot and located between the front lot line and the front of the principal building, as determined by the Zoning Officer; the other front yard(s) is/are a space or spaces extending across the full width of the lot and located between the other front lot line(s) and the minimum required front yard setback line(s) from such other front lot line(s).
(3) 
See yards illustration, below, for examples using various lot configurations. For uncommon lot configurations, the Zoning Officer shall determine the front yard(s), based upon the criteria in § 166-113A(5) and (6) and the circumstances involving the particular lot and adjacent properties.
YARD, REAR
A space extending across the full width of any lot and lying between the rear lot line(s) and the nearest principal building or principal structure located on said lot subject, however, to the following:
[Added 9-13-2018 by Ord. No. 19-2018]
(1) 
On corner lots in residential zones, the rear yard is a space extending between the rear lot line(s), the side lot line(s), the front yard(s) located opposite the side lot line(s), and the nearest principal building or structure located on said lot.
(2) 
On corner lots in nonresidential zones, there are no rear yards, only front and side yards.
(3) 
On through lots, the rear yard is a space located between the other front yard(s) defined for through lots in "yard, front" above and the nearest principal building or principal structure located on said lot, except as specifically provided otherwise by this chapter.
(4) 
See yards illustration, below, for examples using various lot configurations. For uncommon lot configurations, the Zoning Officer shall determine the rear yard, based upon the criteria in § 166-113A(5) and (6) and the circumstances involving the particular lot and adjacent properties.
YARD, SIDE
The spaces located between the front yard, rear yard, side lot lines and the nearest principal building or principal structure located on said lot; subject, however, to the following:
[Added 9-13-2018 by Ord. No. 19-2018]
(1) 
On corner lots in residential zones, the side yard is space located between the front yard, rear yard, side lot line and the nearest principal building or principal structure located on said lot.
(2) 
On corner lots in nonresidential zones, all yards other than front yards are side yards.
(3) 
On through lots, side yards are the space(s) located between the first front yard defined for through lots in "yard, front" above, the rear yard, the side lot line(s) and the nearest principal building or principal structure located on said lot.
(4) 
The depth of the side yard(s) shall be measured perpendicular to the side lot line(s).
(5) 
See yards illustration, below, for examples using various lot configurations. For uncommon lot configurations, the Zoning Officer shall determine the front, rear and side yards, based upon the criteria in § 166-113A(5) and (6) and the circumstances involving the particular lot and adjacent properties.
FRONT, SIDE AND REAR YARDS-EXAMPLES
[1]
Editor's Note: The former definition of "assisted living facility," which immediately followed this definition, added 12-11-1997 by Ord. No. 34-97, was repealed 6-10-1999 by Ord. No. 17-99.
[2]
Editor's Note: The former definition of "commercial communications towers and antennae," which immediately followed this definition, added 9-12-1996 by Ord. No. 14-96, was repealed 4-10-1997 by Ord. No. 11-97.
[3]
Editor's Note: The former definition of "continuing care retirement community," which immediately followed this definition, added 12-11-1997 by Ord. No. 34-97, was repealed 6-10-1999 by Ord. No. 17-99.
[4]
Editor's Note: Chapter 1 of Title 58 was repealed. For current provisions, see N.J.S.A. 58:1A-1 et seq.
[5]
Editor's Note: The former definition of "extended care facility," which immediately followed this definition, added 12-11-1997 by Ord. No. 34-97, was repealed 6-10-1999 by Ord. No. 17-99.
[6]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
[7]
Editor's Note: The former definition of “garage, public,” which immediately followed this definition, was repealed 5-12-2016 by Ord. No. 15-16.
[8]
Editor's Note: The former definition of "intermediate care facility," which immediately followed this definition, added 12-11-1997 by Ord. No. 34-97, was repealed 6-10-1999 by Ord. No. 17-99.
[9]
Editor's Note: The former definition of "long-term care facility," which immediately followed this definition, added 12-11-1997 by Ord. No. 34-97, was repealed 6-10-1999 by Ord. No. 17-99.
[10]
Editor's Note: See N.J.S.A. 40:55D-28.
[11]
Editor's Note: The former definition of “motor vehicle service station,” which immediately followed this definition, was repealed 5-12-2016 by Ord. No. 15-16.
[12]
Editor's Note: The former definition of “multiple-residence building,” added 12-19-2005 by Ord. No. 36-2005, which immediately followed this definition, was repealed 7-24-2008 by Ord. No. 18-08.
[13]
Editor's Note: See N.J.S.A. 40:55D-32 et seq.
[14]
Editor's Note: The former definition of "open space zoning or residential cluster," which immediately followed this definition, was repealed 8-12-1999 by Ord. No. 21-99.
[15]
Editor's Note: See N.J.S.A. 40:55D-46, 40:55D-48 and 40:55D-49, respectively.
[16]
Editor's Note: The former definition of "residential health care facility," which immediately followed this definition, added 12-11-1997 by Ord. No. 34-97, was repealed 6-10-1999 by Ord. No. 17-99.
[17]
Editor's Note: The former definition of "shared residential parking level," added 12-19-2005 by Ord. No. 36-2005, which immediately followed this definition, was repealed 7-24-2008 by Ord. No. 18-08.
[18]
Editor’s Note: The former definition of “yard,” as amended, was repealed 9-13-2018 by Ord. No. 19-2018.
B. 
Word usage.
(1) 
The present tense shall include the future; the singular number shall include the plural, and the plural the singular.
(2) 
The word "shall" is always mandatory.
(3) 
The words "zone" and "district" are the same.
(4) 
Wherever the term "building" is used, it will be construed the same as if the term "structure" is used.