Unless the context clearly indicates the contrary,
words used in the present tense include the future; the singular number
includes the plural and the plural the singular; "person" includes
a profit or nonprofit corporation, company, partnership or individual;
"shall" is mandatory and not directory; "may" is permissive; "lot"
includes the word "plot"; "structure" includes the word "building";
and "use" and "used" refer to any purpose for which a lot or land
or part thereof is arranged, intended or designed to be used, occupied,
maintained, made available or offered for use; and to any purpose
for which a building or structure or part thereof is arranged, intended
or designed to be used, occupied, maintained, made available or offered
for use, or erected, reconstructed, altered, enlarged, moved or rebuilt
with the intention or design of using the same.
Certain words and terms are used in this Zoning
Ordinance for the purpose hereof and are defined hereafter. Any words
or terms not included herein but that are defined in N.J.S.A. 40:55D-1
et seq. are hereby incorporated into this section.
A subordinate use or building customarily incidental to and
located on the same lot occupied by the main use or building. The
term "accessory building" may include a private garage, garden shed
or barn, a private playhouse and private greenhouse.
Any alteration not defined as structural.
Any change in a supporting member of a building such as load
bearing walls, columns, beams and girders.
A developer submitting an application for development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to Section 25 (N.J.S.A. 40:55D-34) or
Section 27 (N.J.S.A. 40:55D-36) of the Municipal Land Use Law.
The Land Use Board of the municipality unless a different
agency is designated by ordinance when acting pursuant to the authority
of the Municipal Land Use Law.
[Amended 12-18-2019 by Ord. No. 19-28]
An open area, other than a street, which is used for the
display, sale or rental of new or used motor vehicles or trailers
in operable condition and where no repair work is done and the site
is licensed pursuant to N.J.S.A. 39:10-19 for use for the display,
sale or rental of new or used motor vehicles or trailers.
See "tavern."
That portion of a building which is partly or completely
below grade (see "story above grade").
A tract of land or a lot or group of lots, bounded by streets,
public parks or parkways, railroad rights-of-way, a watercourse or
body of water, unsubdivided land or a boundary line or lines of Jefferson
Township, New Jersey, or any combination thereof.
That portion of a block which abuts a single street.
[1]As per N.J.S.A. 55:13B-3, any building, together with any
related structure, accessory building, any land appurtenant thereto
and any part thereof which contains two or more units of dwelling
space arranged or intended for single-room occupancy, exclusive of
any such unit occupied by an owner or operator, and wherein personal
or financial services are provided to the residents, including any
residential hotel or congregate living arrangement, but excluding
any hotel, motel or established guest house wherein a minimum of 85%
of the units of dwelling space are offered for limited tenure only;
any foster home as defined in Section 1 of P.L. 1962, c. 137 (N.J.S.A.
30:4C-26.1); any community residence for the developmentally disabled
as defined in Section 2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2);
any dormitory owned or operated on behalf of any nonprofit institution
of primary, secondary or higher education for the use of its students;
any building arranged for single-room occupancy wherein the units
of dwelling space are occupied exclusively by students enrolled in
a full-time course of study at an institution of higher education
approved by the Department of Higher Education; and any facility or
living arrangement operated by, or under contract with, any state
department or agency, upon the written authorization of the Commissioner.
Any enclosed structure over the waters of Lake Hopatcong
used for the sole purpose of storing and mooring boats and boating
equipment.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The area included within the surrounding exterior walls (or
exterior walls and fire walls) exclusive of vent shafts and courts.
Areas of the building not provided with surrounding walls shall be
included in the building area if such areas are included within the
horizontal projection of the roof or floor above.
The percentage of the lot area that is occupied by all buildings.
The vertical distance of a building/structure measured from
the average elevation of the finished grade to the highest point of
the roof. This is determined by averaging the height of the building/structure
from the established grade, taken from a point six feet from the four
corners of the building/structure.
[Amended 1-3-2007 by Ord. No. 30-06]
A facility utilized for the storage of construction or building
material, excluding construction equipment, which storage is located
within the confines of a building or within a defined yard area pursuant
to the requirements of this chapter.
The high-water mark of 10.30 above the dam as recorded at
Lake Hopatcong State Park or the line established by the Bureau of
Navigation, State Department of Environmental Protection, defining
the lake's permanent shoreline.
A vehicular accommodation not more than 32 feet in length,
operating under its own power or towed by a vehicle, suitable for
temporary habitation, used for travel, vacation or recreational purposes
and occupied in any one place for a period not exceeding 30 days.
All parts of the cannabis plant, 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,[2] for use in cannabis products as set forth in the Act.
[Added 12-13-2023 by Ord. No. 23-21]
Any licensed business or entity that grows, cultivates, or
produces cannabis in this state and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers. This person or entity shall hold a Class 1 cannabis
cultivator license.
[Added 12-13-2023 by Ord. No. 23-21]
Any licensed business or entity involved in providing courier
services for consumer purchases that are fulfilled by a licensed cannabis
retailer in order to make deliveries of the purchased items to a consumer,
and which service includes the ability of a consumer to make a purchase
directly through the cannabis delivery service to be presented by
the delivery service for fulfillment by a retailer and then delivered
to a consumer. This person or entity shall hold a Class 6 cannabis
delivery license.
[Added 12-13-2023 by Ord. No. 23-21]
Any licensed business or entity involved in transporting
cannabis plants in bulk from one licensed cultivator to another licensed
cultivator or cannabis items in bulk from any type of licensed cannabis
business to another. This person or entity shall hold a Class 4 cannabis
distributor license.
[Added 12-13-2023 by Ord. No. 23-21]
Any licensed business 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 cannabis retailers, but not to consumers.
This person or entity shall hold a Class 2 cannabis manufacturer license.
[Added 12-13-2023 by Ord. No. 23-21]
Any licensed business or entity that is involved in the sale
of cannabis items and related supplies that are sold to consumers.
This person or entity shall hold a Class 5 cannabis retailer license.
[Added 12-13-2023 by Ord. No. 23-21]
Any licensed business or entity that is involved in obtaining
and selling cannabis items for later resale by other licensees. This
person or entity shall hold a Class 3 cannabis wholesaler license.
[Added 12-13-2023 by Ord. No. 23-21]
A governmental acquisition of real property or major construction
project.
Any structure extending transversely from the main walk.
See "basement."
Any land or place dedicated for use, used or intended to
be used for the interment of the human dead in the ground, in a mausoleum
or crypt and a crematory located in the cemetery and a columbarium
for cinerary interments or lands held for burial purposes.
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.
Development based on an overall density for the entire tract
with the dwelling units generally located on individual lots reduced
in size so that higher densities result in segments of the tract,
with common open space, common property or open space generated on
the remainder of the tract.
An open space area within or related to a site designated
as a development and designed and intended for the use or enjoyment
of residents and owners of the development. "Common open space" may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
Land and/or water, together with improvements, designed and
intended for ownership, use and responsibility by the tenants and/or
owners of the dwelling units in the development.
A building for civic, social, educational, cultural and recreational
activities of a residential neighborhood or community not operated
primarily for monetary gain.
An organization for civic, social, educational, cultural
and recreational activities of a residential neighborhood or community
not operated primarily for monetary gain.
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.).
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 houses,
intermediate care facilities, 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.)]. In the case of
such a community residence housing mentally ill persons, such residence
shall have been approved for a purchase of service contract or an
affiliation agreement pursuant to such procedures as shall be established
by regulation of the Division of Mental Health and Hospitals of the
Department of Human Services. As used in this act, "developmentally
disabled person" means a person who is developmentally disabled as
defined in Section 2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2), and
"mentally ill person" means a person who is afflicted with a mental
illness as defined in N.J.S.A. 30:4-23, but shall not include a person
who has been committed after having been found not guilty of a criminal
offense by reason of insanity or having been found unfit to be tried
on a criminal charge.
A sewerage system, including sewers and disposal plant, of
design approved by the New Jersey Department of Environmental Protection
and the Township of Jefferson Division of Health, arranged and intended
to serve an integrally planned development of a group of dwelling
units in single-family or multifamily dwellings.
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, pursuant to P.L. 1979, c. 337
(N.J.S.A. 30:14-1 et seq.), 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.
A water system, including one or more wells and distribution
pipes, of design approved by the New Jersey Department of Environmental
Protection and the Township of Jefferson Division of Health, arranged
and intended to serve an integrally planned development of a group
of dwelling units in single-family or multifamily dwellings.
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 Zoning Ordinance and upon the issuance of an
authorization therefor by the Land Use Board.
[Amended 12-18-2019 by Ord. No. 19-28]
The individual appointed by the Township of Jefferson as the enforcement agent under the Uniform Construction Codes, Chapter 182, of the Municipal Code of the Township of Jefferson.
[Amended 2-16-2005 by Ord. No. 4-05]
Development other than planned development.
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 pursuant to N.J.S.A. 40:27-2 and N.J.S.A.
40:27-4.
The County Planning Board, as defined in Section 1 of P.L.
1968, c. 285 (N.J.S.A. 40:27-6.1), of the county in which the land
or development is located.
An open, unoccupied space, other than a yard, on the same
lot with a building or a group of buildings and which is bounded on
two or more sides by such building or buildings.
Calendar days.
A platform installed above grade level attached to a building
or structure and having no roof and no enclosed sides.
The permitted number of dwelling units per gross area of
land to be developed.
All privately owned improved or unimproved lots, parcels
or tracts capable of major subdivision.
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.
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 the Municipal
Land Use Law.
A zoning ordinance, subdivision ordinance, site plan ordinance,
official map ordinance or other municipal regulation of the use and
development of land or amendment thereto adopted and filed pursuant
to the Municipal Land Use Law.
Any part of the territory of the Township to which certain
uniform regulations and requirements of this chapter shall apply.
Any structure extending lakeward of the bulkhead line for
the purpose of mooring boats or for gaining access to moored boats.
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage and the means necessary
for water supply preservation or prevention or alleviation of flooding.
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.
A lot or land or part thereof used primarily for disposal
by abandonment, dumping, burial, incineration or any other means and
for whatever purpose of garbage, offal, sewage, trash, refuse, junk,
discarded machinery, vehicles, or parts thereof, or waste material
of any kind.
A structure containing two dwelling units separated by a
common vertical wall.
A building arranged, intended or designed to be occupied
by one or more families living independently of each other upon the
premises.
A building containing three or more dwelling units and occupied
or designed for occupancy by three or more families living independently
of each other with their own cooking and sanitary facilities, excluding
boardinghouses and rooming houses.
A two-family dwelling with one dwelling unit beside the other,
separated therefrom by a party or common wall with no openings therein.
A building containing one dwelling unit only and occupied
or intended to be occupied exclusively for residence purposes by one
family or one housekeeping unit, excluding boardinghouses and rooming
houses.
A building containing two dwelling units only and occupied
or intended to be occupied exclusively for residence purposes by two
families or two housekeeping units, living independently of each other
and each with their own cooking and sanitary facilities, excluding
boardinghouses and rooming houses.
A building or part thereof providing complete, independent
living facilities for one or more persons, including permanent provisions
for living, sleeping, eating, cooking and sanitation.
Apartment dwelling units consisting of a bath, one large
room without permanent separations to be used for living, dining and
bedroom facilities and with cooking facilities separated from the
main room by a permanent wall or a sliding or some other temporary
partitions.
A municipal advisory body created pursuant to P.L. 1968,
c. 245 (N.J.S.A. 40:56A-1 et seq.).[3]
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
As applied to a minor subdivision, any street, avenue, boulevard,
road, lane, parkway, viaduct or alley or other way which is an existing
state, county or municipal roadway presently maintained by the state,
county or municipality and which, by reason of its condition, can
be traversed at all times of the year by modern motor vehicles and
provide adequate access for fire-fighting equipment, ambulances and
other emergency vehicles necessary for the protection of health and
safety.
One or more persons customarily living together as a single
housekeeping unit, whether or not related to each other by birth or
marriage, as distinguished from a group occupying a boardinghouse,
lodging house, hotel or motel.
Any use for the growing and/or storing of agricultural, horticultural
and related products for the purpose of sale, either on or off the
premises.
The official action of the Land Use 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 guarantees properly
posted for their completion or approval conditioned upon the posting
of such guarantees.
[Amended 12-18-2019 by Ord. No. 19-28]
The final map of all or a portion of the subdivision which
is presented to the Land Use Board for final approval in accordance
with these regulations and which if approved shall be filed with the
proper county recording officer.
[Amended 12-18-2019 by Ord. No. 19-28]
The floor area measured by using the outside dimensions of
the residential portion of a building, excluding the area of an attached
garage. For a split-level or tri-level dwelling, the area shall be
considered to be the sum of the areas of two adjoining levels.
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
A parcel, plot or area of land abutting a public street,
complying with the minimum requirements of N.J.S.A. 40:55D-35, whose
width at the street line and/or at the building setback line is less
than that required by the zone district in which it is located and
whose principal portion shall be to the rear of a conforming lot.
Such lot shall comply with the minimum requirements hereinafter set
forth.
A building or part thereof used for the storage of parking
of one or more motor vehicles.
An accessory garage maintained primarily for the convenience
of the occupant or occupants of the main building and in which no
business or other use is carried on and no service is rendered to
the general public.
Any garage other than a private garage. A public garage may
include a motor vehicle service station.
A comprehensive plan for the development of a planned development,
as provided by the Municipal Land Use Law.
Any individual, cannabis business or license holder providing
free samples of marijuana or cannabis items, either independent of
or in connection with the sale of other goods and/or services, from
any commercial structure or movable vehicle or trailer.
[Added 12-13-2023 by Ord. No. 23-21]
The Township Council of the Township of Jefferson.
A reference plane representing the average of finished ground
level adjoining the building at all exterior walls. Where the finished
ground level slopes away from the exterior walls, the reference plane
shall be established by the lowest points within the area between
the building and the lot line or, where the lot line is more than
six feet from the building between the building and a point six feet
from the building.
A room having one or more windows opening directly on a street
or yard as required by the Uniform Construction Codes[4] of the Township and designated to be used for living,
sleeping, eating or cooking. The following shall not be deemed to
be habitable rooms: bathrooms, toilet compartments, closets, halls,
alcoves, foyers, garages, storage areas and other similar spaces,
and rooms or spaces in cellars.[5]
One or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites.
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing which have
been formally designated in the Master Plan as being of historical,
archaeological, cultural, scenic or of architectural significance.
(See also "professional office in a residential building".)
The office or studio of a resident physician, dentist, lawyer, architect,
artist, engineer, certified public accountant, real estate broker
or salesman, insurance broker or agent, consultant, designer or mechanic,
carpenter, plumber, musician or teacher as herein restricted, or any
other similar use, provided that not more than two persons are employed
who are not members of the family and that such office shall be in
the main building and shall not occupy more than the equivalent of
1/2 of the area of one floor of said building. For the purposes of
this definition, a "teacher" shall be restricted to a person giving
individual instruction in a musical instrument, in singing or in academic
or scientific subjects to not more than two pupils at a time.
A building used for the diagnosis, treatment or other care
of human ailments, unless otherwise specified. A hospital shall be
deemed to include a sanitarium, sanatorium, clinic, convalescent home,
nursing home, rest home or other building with an equivalent appellation.
An institution where the ill or injured may receive medical
or surgical treatment, including nursing, food and lodging, during
illness and limited to human ailments, excluding sanitariums, sanatoriums
or other psychiatric treatment facilities.
Any building, including but not limited to any related structure,
accessory building and land appurtenant thereto, and any part thereof,
which contains 10 or more units of dwelling space or sleeping facilities
for 25 or more persons and is kept, used, maintained, advertised as
or held out to be a place where sleeping or dwelling accommodations
are available to transient or permanent guests. This definition shall
also mean and include any motor hotel, motel or established guest
house which is commonly regarded as a motor hotel, motel or established
guest house, as the case may be, in the community in which it is located;
provided that this definition shall not be construed to include any
building or structure defined as a multiple dwelling in this act,
registered as a multiple dwelling with the Commissioner of Community
Affairs as hereinafter provided, and occupied or intended to be occupied
as such.
One or more persons living together in one dwelling unit
on a fairly stable rather than transient basis where the occupants
share the ordinary tasks of living in a dwelling unit, such as but
not limited to cooking and eating together, sharing inside and outside
chores and performing other functional duties, and otherwise exhibit
a kind of stability, permanency and functional lifestyle which is
equivalent to that of the traditional family unit.
A group of nonnuisance industrial plants on a single parcel
of land, or on separate parcels contiguously arranged, so as to form
a planned development of industrial sites, building or buildings.
Any industry which is not detrimental to the environment
in which it is located by reason of the emission of smoke, noise,
odor, dust, vibration or excessive light beyond the limits of its
lot, or by reason of generating excessive traffic with attendant hazards,
and which does not include any open storage yards or outdoor processing
of materials.
The percentage of the tract which is required to be disturbed
in order to construct the required public and/or common improvements,
including but not limited to roadways, sidewalks, water supply facilities,
stormwater management facilities, sanitary sewer facilities and other
improvements, whether proposed for dedication to the municipality
or proposed for private ownership.
In a criminal or quasi-criminal proceeding,
any citizen of the State of New Jersey.
In the case of a civil proceeding in any court
or in an administrative proceeding before a municipal agency, any
person, whether residing within or without the municipality, whose
right to use, acquire or enjoy property is or may be affected by any
action taken under the Municipal Land Use Law, or whose rights to
use, acquire or enjoy property under the Municipal Land Use Law, or
under any other law of this state or of the United States have been
denied, violated or infringed by an action or a failure to act under
the Municipal Land Use Law.
Any pier, dock or combination of piers and docks which deviates
from the pattern of one main walk extending perpendicular into the
lake from the bulkhead line. This configuration includes but is not
limited to L-, U- and T-shaped patterns.
A lot, land or structure or part thereof used primarily for
the collecting, storage and sale of wastepaper, rags, scrap metal
or other scrap or discarded material or for the collecting, dismantling,
storage or salvaging of machinery or vehicles not in running condition
and for the sale of parts thereof.
Includes improvements and fixtures on, above or below the
surface.
The Land Use Board of Jefferson Township, New Jersey.
[Amended 12-18-2019 by Ord. No. 19-28]
An off-street space or berth on the same lot with a building,
or contiguous to a group of buildings, for the temporary parking of
a commercial vehicle while loading or unloading merchandise or materials.
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 total horizontal area included within the lot lines.
A lot at the junction of and fronting on two or more intersecting
streets when the interior angle of the intersection does not exceed
135°.
The percentage of the lot area that is occupied by all impervious
material, including but not limited to buildings, driveways, parking
areas, sidewalks, roofed structures, tennis courts and swimming pools.
The shortest horizontal distance between the front lot line
and a line drawn parallel to the front line through the middle of
the rear lot line. However, in a triangular-shaped lot, the lot depth
will be the shortest distance between the apex of the triangle and
the front lot line.
The percentage of the lot which is to be disturbed in order
to complete the development, including but not limited to the disturbance
limits for construction of all structures, driveways, parking areas,
water supply facilities, stormwater management facilities, sanitary
sewer facilities and other improvements. Lot improvement disturbance
shall be calculated after and separate from those areas required for
infrastructure disturbance. Required infrastructure disturbance areas
shall be deemed completed and in an undisturbed state for purposes
of calculating subsequent lot improvement disturbance.
The length of a lot boundary extending along the street line.
Any lot other than a corner lot.
The legal boundaries of a lot as shown on a filed map in
the County Clerk's office or as shown on a survey prepared, signed
and sealed by a licensed land surveyor.
The street line at the front of a lot. On a corner or through
lot, the owner shall specify the front lot line on the plot plan.
The lot line opposite to the front lot line.
Any lot line not a rear lot line or a front lot line.
A lot extending from one street to another.
The horizontal distance between the side lot lines, measured
at the required front yard setback, parallel to the front lot line,
or, for lots with their entire lot frontage on a cul-de-sac, may reduce
the required lot width to 2/3 of that stipulated for the district
in question.
Any security, other than cash, which may be accepted by the
municipality for the maintenance of any improvements required by this
chapter.
The principal or most important use or building on a lot.
Any structure extending into the lake from the shoreline
which is used for access to moored boats.
Any subdivision not classified as a minor subdivision.
Any process of machining or assembly of materials to form
products, which process does not cause any smoke, noise, vibration,
excessive light, odor or dust to be emitted beyond the limits of the
lot on which such use is located.
Any public, semipublic or private facility capable of berthing
or mooring five or more boats.
A composite of one or more written or graphic proposals for
the development of the municipality as set forth in and adopted pursuant
to the Municipal Land Use Law.
The chief executive of the municipality.
A building, structure, lot or land area used as a private
club or social organization with annual or seasonal membership dues
and not conducted for profit or gain.
An intermediate level or levels between the floor and ceiling
of any story with an aggregate floor area of not more than 1/3 of
the area of the room in which the level or levels are located.
A development plan of one or more lots which proposed new
development within the scope of development specifically permitted
by this chapter as a minor site plan; does not involve planned development,
any new street or extension of any off-tract improvement which is
to be prorated pursuant to the Municipal Land Use Law; and contains
the information reasonably required in order to make an informed determination
as to whether the requirements established by ordinance for approval
of a minor site plan have been met.
An industrialized building unit constructed on one or more
chassis for towing to the point of use and designed to be used without
a permanent foundation for continuous use as a dwelling on a year-round
basis, which complies with the requirements of the National Fire Protection
Association (NFPA 501B), the American National Standards Institute
(ANSI 119.1) and the National Mobile Home Construction and Safety
Standards Act of 1974. A camping vehicle or trailer coach shall not
be considered a mobile home.
A residential development intended to accommodate mobile
homes, as defined herein, but which may also include various facilities
for the service of the residents of the development, as set forth
in this chapter, but does not include camping vehicles or trailer
coaches.
An area within a mobile home development which is improved
to provide adequate support for the placement of one mobile home,
including its enclosed extensions or structural additional.
A building or group of buildings, whether detached or connected
units, used as individual sleeping or dwelling units with direct outside
access, designed primarily for transient automobile travelers and
provided with accessory off-street parking facilities. The term "motel"
includes buildings designated as tourist courts, motor lodges, auto
courts and other similar appellations but shall not be construed to
include mobile or immobile trailers.
A building or premises in which or upon which is conducted
a business involving the repair of body and fender work and/or painting
of motor vehicles, excluding motor vehicle service stations and repair
garages as herein defined.
A building or premises in which or upon which is conducted
a business involving the mechanical or electrical repair or reconditioning
of motor vehicles, including motor vehicle service stations, but excluding
motor vehicle body repair shops, as herein defined.
A building or premises in which or upon which is conducted
a business involving the retail sale and direct delivery of petroleum
to motor vehicles.
See "dwelling, multifamily."
The Municipal Land Use Board or the governing body of the
Township of Jefferson when acting pursuant to the Municipal Land Use
Law.
[Amended 12-18-2019 by Ord. No. 19-28]
N.J.S.A. 40:55D-1 et seq.
Any establishment, however designated, licensed to sell alcoholic
beverages to the public for consumption on the premises and where
food and other beverages may be prepared and sold to the public for
consumption on the premises; and whose gross licensed sales of alcoholic
beverages is greater than 50% of the combined gross sales of both
food and drink; and where there is live entertainment and/or music
for dancing. For the purpose of this definition, live piano playing
or other similar background music played without the need for amplification
shall not be considered live entertainment. A disc jockey ("DJ") shall
be considered live entertainment.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of the Zoning Ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revisions or amendment.
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of the 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.
A use or activity which was lawful prior to the adoption,
revision or amendment of the 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.
Any nonnuisance industry limited to processes of assembly,
fabrication and packaging of nonvolatile and nontoxic materials and
products or parts thereof from component parts and semifinished products
and not involving reduction, conversion or manufacturing of primary
raw materials.
The map, with changes and additions thereto, adopted and
established, from time to time, by resolution of the Board of Chosen
Freeholders or the County of Morris.
A map adopted by ordinance pursuant to the Municipal Land
Use Law, N.J.S.A. 40:55D-32 et seq.
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a development application or contiguous portion of a street or
right-of-way.
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.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
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.
Any individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be subdivided to commence and maintain proceedings to subdivide
the same under this chapter.
A lot or part thereof used for the storage or parking of
motor vehicles, with or without the payment of rent or charges in
money or other consideration.
A stall or berth which is arranged and intended for the parking
of one motor vehicle in a garage or parking area.
For purposes of notice, any applicant for development, the
owners of the subject property and all owners of property and government
agencies entitled to notice under the Municipal Land Use Law and the
ordinances of the Township of Jefferson.
An area at grade level, or slightly above grade level, covered
with masonry, stone or similar material open to the sky and which
may or may not be attached to a building or structure.
Any security which may be accepted by the Township, including
cash, provided that not more than 10% of the total performance guarantee
shall be in cash.
Any use of the land as permitted in a zoning district according
to this chapter.
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.
Any material which allows for the percolation of water through
a six-inch layer at approximately the same rate or faster than the
existing ground.
A structure to moor boats to a dock or something to which
a deck or dock or other structure may be affixed.
A line running parallel with the bulkhead line and extending
not more than 50 feet from said bulkhead line as approved by the Natural
Resources Council and Bureau of Navigation, State Department of Environmental
Protection, beyond which no dock, pier or marina or other structure,
permanent or temporary, floating or affixed to shore or lake bottom,
may be located.
An area of a minimum contiguous 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.
A unit development, planned unit, residential development,
residential cluster, planned commercial development or planned industrial
development.
An area of a minimum contiguous 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
industrial uses and any other uses incidental to the predominant use
as may be permitted by ordinance.
An area with a specified minimum contiguous acreage of five
acres or more to be developed as a single entity according to a plan
containing one or more residential clusters, which may include appropriate
commercial or public or quasi-public uses all primarily for the benefit
of the residential development.
An area with a specified minimum contiguous acreage of 10
acres or more to be developed as a single entity according to a plan,
containing one or more residential clusters or planned unit residential
developments and one or more public, quasi-public, commercial or industrial
areas in such ranges of ratios of nonresidential uses to residential
uses as shall be specified in the Zoning Ordinance.
A map or maps of a subdivision or site plan.
The conferral of certain rights pursuant to the Municipal
Land Use Law prior to final approval after specific elements of a
development plan have been agreed upon by the Land Use Board and the
applicant.
[Amended 12-18-2019 by Ord. No. 19-28]
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating in a schematic form
its scope, scale and relationship to its site and immediate environs.
Pertaining to a governmental unit or agency, e.g., federal,
state, county or municipality.
A Master Plan, capital improvement program or other proposal
for land development adopted by the appropriate public body, or any
amendment thereto.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches or required along a natural stream or watercourse
for preserving the biological as well as drainage function of the
channel and providing for the flow of water to safeguard the public
against flood damage, sedimentation and erosion and to assure the
adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground where practical, and to lessen nonpoint
pollution.
Notice of the time and place of a hearing, meeting or proceeding
printed in the official newspaper of Jefferson Township, at least
10 days prior to the time of such hearing meeting or proceeding, unless
otherwise provided by law.
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, Board of Education, state or county agency or other
public body for recreational or conservation uses.
Any building, structure or facility, including telephone,
cable television and electrical lines, poles and structures; water,
sewer or gas pipelines, mains, valves or structures; and water wells,
storage and pumping facilities operated and conducted for the service,
convenience, necessity, health and welfare of the general public,
owned by any arm or creature of the local, state or federal government
or by any privately owned public utility as authorized by law. This
definition specifically excludes any public utility storage, repair
or maintenance building, facility or yard.
A place where stone, shale or slate is excavated, crushed,
washed, graded or otherwise processed and shall further include the
mining of sand- and soil-type material, except where the removal of
such soil is done pursuant to a permit issued under Chapter 105, Soil
Removal, of the Jefferson Township Code,[6] in which event the provisions of that code shall prevail
and take precedence over this chapter.
The majority of the full authorized membership of a municipal
agency.
A dwelling located on the same lot and to the rear of the
main building for which the lot is used.
Public or private recreational uses, including but not limited
to swimming, skiing, hiking, golf, nature trails and similar recreational
activities, but specifically excluding games of chance and carnival-type
amusements such as rides, Ferris wheels, etc.
A facility included in the Morris County Solid Waste Management
Plan, designed, constructed, operated and maintained for the purpose
of processing, consolidating and marketing previously separated or
commingled recyclable materials generated within the boundaries of
Morris County, including but not limited to newspaper, glass, aluminum,
mixed paper, plastics, corrugated cardboard and tin.
A building for experimentation in pure or applied research,
design, development and production of prototype machines or devices
or of new products, and uses accessory thereto, wherein products are
not manufactured primarily for wholesale or retail sale, wherein commercial
servicing or repair of commercial products is not performed and where
there is no display of any materials or products.
An area to be developed as a single entity according to a
plan containing residential housing units which have a common or public
open space area as an appurtenance.
The number of dwelling units per gross acre of residential
land area, including streets, easements and the open space portion
of a development.
Any establishment, however designated, at which food is prepared
and sold for consumption on the premises or for take-out and whose
gross licensed sales of alcoholic beverages is limited to no more
than 50% of the combined gross sales of both food and drink. However,
a snack bar or refreshment stand at a public or community swimming
pool, playground, play field or park, operated solely by the agency
or group operating the recreational facility, and for the convenience
of patrons of the facility, shall not be deemed to be a restaurant.
A restaurant at which orders are taken over the phone or
at a counter and/or drive-up window and filled and paid for at a counter
and/or drive-up window.
See "hospital."
The further division or relocation of lot lines
of any lot or lots within a subdivision previously made and approved
or recorded according to law; or
The alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument.
A lot or land or part thereof used for the purpose of extracting
sand, gravel, soil or sod for sale as an industrial operation and
exclusive of the process of legitimate excavation of a lot preparatory
to the construction of a building.
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
An enclosed building that provides a variety of designated
units, within the building, for individuals to rent and store their
personal or business belongings on a short- or long-term basis. The
storage spaces, also referred to as storage units, are typically rented
on a month-to-month basis. Office use, specific to the operation of
the self-storage facility, is permitted. Ancillary retail sales of
typical storage items such as, but not limited to, boxes, locks and
packing supplies for sale to tenants, are permitted.
[Added 2-3-2021 by Ord.
No. 21-02]
A line drawn parallel to the street or lot line from which
the setback line is measured and running through that point of a building
lying nearest to the street or lot line. The term "required setback"
shall mean the minimum distance between a setback line and a street
or lot line beyond which a building is not permitted to extend under
the provisions of this chapter in order to establish minimum depths
and widths of yards.
A way for carrying pedestrian traffic and may be located
within the right-of-way provided for a street or may be located adjacent
to a property line, between lots, and laid out so that it may provide
pedestrian traffic along a street or road or within a subdivision
connecting two streets.
A sign which directs attention to a business or profession
conducted upon the property where the sign is displayed.
A sign, the purpose of which is to indicate the direction
to a business, resort or industrial establishment. Information contained
on such signs shall be limited to the names of and direction to such
establishment, but in no case shall commercial advertising be permitted.
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including but not
necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways; the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting,
screening devices; and any other information that may be reasonably
required in order to make an informed determination pursuant to the
ordinance requiring review and approval of site plans by the Land
Use Board adopted pursuant to the Municipal Land Use Law.
[Amended 12-18-2019 by Ord. No. 19-28]
A committee of at least three Land Use Board members appointed
by the Chairman of the Board for the purpose of reviewing site plans
in accordance with the provisions of this chapter and any such other
duties relating to land subdivision which may be conferred on this
Committee by the Land Use Board.
[Amended 12-18-2019 by Ord. No. 19-28]
A sketch map of a subdivision of sufficient accuracy to be
used for the purpose of discussion and classification and meeting
the requirements of this chapter.
Standards:
Adopted by ordinance pursuant to the Municipal
Land Use Law regulating noise levels, glare, earthborne or sonic vibrations,
heat, electronic or atomic radiation, noxious odors, toxic matters,
explosive and inflammable matters, smoke and airborne particles, waste
discharge, screening of unsightly objects or conditions and such other
similar matters as may be reasonably required by the municipality;
or
Required by applicable federal or state laws
or municipal ordinances.
That portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof next above (also
see "mezzanine").
Any story having its finished floor surface entirely above
grade, except that a basement shall be considered as a story above
grade where the finished surface of the floor above the basement is:
A space under a sloping roof, which has the line of intersection
of the interior faces of the roof structure and main building wall
not more than three feet above the top floor level, and in which space
the floor area with a headroom of five feet or more occupies at least
60% of the total area of the story directly beneath.
The vertical distance from top to top of two successive tiers
of beams or finished floor surfaces and, for the topmost story, from
the top of the floor finish to the top of the ceiling joists or, where
there is not a ceiling, to the top of the roof rafters.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway;
which is shown upon a plat theretofor approved pursuant to law; or
which is approved by official action as provided by the Municipal
Land Use Law; which is shown on a plat duly filed and recorded in
the office of the County Recording Officer prior to the appointment
of a Land Use Board and the grant to such Board of the power to review
plats; and includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas and other areas within the street lines.
[Amended 12-18-2019 by Ord. No. 19-28]
The dividing line between the street right-of-way and a lot.
Where title to land extends to the center of a road easement or right-of-way,
the side line of such road, easement or right-of-way shall be deemed
to be the street line of a street.
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above or below the surface
of a parcel of land.
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 for another.
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
if no new streets are created:
Divisions of land and by the Land Use Board
or Subdivision Committee thereof appointed by the Chairman to be for
agricultural purposes where all resulting parcels are five acres or
larger in size.
[Amended 12-18-2019 by Ord. No. 19-28]
Divisions of property by testamentary or interstate
provisions.
Divisions of property upon court order, including
but not limited to judgments of foreclosure.
Consolidation of existing lots by deed or other
recorded instrument.
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 Administrative Officer
to conform to the requirements of the municipal development regulations
and are shown and designated as separate lots, tracts or parcels on
the tax map or atlas of the municipality.
The term "subdivision" shall include the term
"resubdivision."
A committee of at least three Land Use Board members appointed
by the Chairman of the Board for the purpose of classifying subdivisions
in accordance with the provisions of this chapter and any such other
duties relating to land subdivision which may be conferred on this
Committee by the Land Use Board.
[Amended 12-18-2019 by Ord. No. 19-28]
All subdivisions not classified as minor subdivisions.
A subdivision of land for the creation of three or less lots,
including the remainder of tract, 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 the Municipal Land Use Law and does not involve property
which was formerly part of a tract for which subdivision approval
has been previously granted dividing the original tract into three
or fewer lots within a three-year period.
Any structure that contains water over 24 inches in depth
and which is used, or intended to be used, for swimming or recreational
bathing in connection with an occupancy in Use Group R-3 (as defined
in the Uniform Construction Code) and which is available only to the
family and guests of the householder, and which is not totally contained
within a private structure and surrounded on all four sides by walls
of said structure. This includes in-ground, aboveground and on-ground
swimming pools, hot tubs and spas.
Any establishment, however designated, licensed to sell alcoholic
beverages to the public for consumption on the premises or for take-out
and where food and other beverages may be prepared and sold to the
public for consumption on the premises; and whose gross licensed sales
of alcoholic beverages is greater than 50% of the combined gross sales
of both food and drink; and where there is no live entertainment or
music for dancing. For the purpose of this definition, live piano
playing or other similar background music played without the need
for amplification shall not be considered live entertainment. "Bar"
shall also mean "tavern."
A residential building in which rooms are rented primarily
to transient automobile travelers.
A single-family dwelling attached to one or more similar
dwellings by means of vertical walls extending from the foundation
to the roof and not located above or below another dwelling unit.
A recreational vehicle, travel trailer, camper or other transportable,
temporary dwelling unit, with or without its own motor power, designed
and constructed for travel and recreational purposes to be installed
on a nonpermanent foundation if installation is required.
A typed or printed verbatim record of the proceedings or
reproduction thereof.
That portion of the unbuilt area of a lot, exclusive of driveways
and parking areas, which is suitable for outdoor recreation and sitting
areas or for clothes-drying yards and which is available to all occupants
of the building.
An open space developed and designed to be utilized for the
purpose of recreation, whether it be parkland, ball field or playgrounds.
The specific purpose for which a parcel of land or a building
or portion of a building is designed, arranged, intended, occupied
or maintained. The term "permitted use" or its equivalent shall not
be deemed to include any nonconforming use. A "change of use" shall
mean a change from a category of use to an entirely different category
of use. Categories are listed as follows: residential, office, retail,
commercial, industrial, recreational, government buildings, libraries
and museums.
A use which is customarily associated with and subordinate
to the principal use of a lot or a building and which is located on
the same lot therewith.
A modification of the regulations of this chapter granted
pursuant to the provisions of N.J.S.A. 40:55D-70 of the laws of the
State of New Jersey.
A sidewalk.
Any lot adjoining a waterway.
An open, unoccupied space on the same lot with a building
situated between the nearest roofed portion of the building and the
front lot line of the lot and extending from one side lot line to
the other side lot line.
A space on the same lot with a building situated between
the nearest roofed portion of the building and the rear lot line of
the lot and extending from one side lot line to the other side lot
line.
An open, unoccupied space on the same lot with a building
situated between the nearest roofed portion of the building or of
any accessory building and the side lot line of the lot and extending
through from the front yard, or from the front lot line where no front
yard exists, to the rear yard, or to the rear lot line where no rear
yard exists.
A document signed by the Zoning Officer which is required
by ordinance as a condition precedent to the commencement of a use
or the erection, construction, reconstruction, alteration, conversion
or alteration of a structure or building and which acknowledges that
such use, structure or building complies with the provisions of the
Municipal Zoning Ordinance or variance therefrom duly authorized by
a municipal agency pursuant to the Municipal Land Use Law.
[1]
Editor's Note: The former definition of "Board of Adjustment,"
which immediately followed this definition, was repealed 12-18-2019 by Ord. No.
19-28.
[2]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
[5]
Editor's Note: The former definition of "height of a structure,"
which immediately followed this definition, was repealed 1-3-2007
by Ord. No. 30-06; see now the definition of "building height/height
of structure" in this section.
