Definitions. Unless otherwise expressly stated, the
following words and phrases shall be construed throughout this chapter
to have the meanings herein indicated:
ACCESSORY APARTMENT
A semi-independent residential dwelling unit containing sleeping
quarters, a restroom, and a separate kitchen, that is wholly contained
within a single-family dwelling, and is accessed primarily from within
the principal single-family dwelling on the lot. Commonly referred
to as an "in-law suite" or "mother-daughter suite."
[Added 10-2-2023 by Ord. No. 2023-10]
ACCESSORY BUILDING
A building subordinate to the main building on a lot and
used for purposes customarily incidental to those of the main building.
ACCESSORY DWELLING UNIT
An independent residential dwelling unit either attached
to a single-family dwelling, or located on the same lot as a single-family
dwelling, and having an independent means of access to the dwelling
unit from the principal single-family dwelling.
[Added 10-2-2023 by Ord. No. 2023-10]
ACCESSORY RESIDENTIAL USE, HOME OCCUPATION
A business activity or use carried on within a dwelling by
the residents thereof, which use is incidental and subordinate to
the residential use and for which there is no contact whatsoever with
the public for any purpose other than through telephone or electronic
communications.
[Amended 8-16-1976 by Ord. No. 1976-9; 12-20-1982 by Ord. No.
1982-40; 10-2-2023 by Ord. No. 2023-10]
ACCESSORY USE or ACCESSORY
A use conducted on the same lot as a principal use to which
it is related and located either within the same structure or in an
accessory building or as an accessory use of land, except that off-street
parking need not be located on the same lot. It is a use which is
clearly incidental to and customarily found in connection with a principal
use.
[Amended 8-16-1976 by Ord. No. 1976-9; 12-20-1982 by Ord. No.
1982-40]
ADULT DAY CARE
A nonresidential facility typically operating several hours
per day, providing meals and social and recreational activities under
general supervision for elderly persons and/or adults with disabilities.
[Added 10-2-2023 by Ord. No. 2023-10]
ALTERATION OF BUILDING
Any change in supporting members of a building, except such
change as may be required for its safety, any addition to a building,
any change in use from one district classification to another or removal
of a building from one location to another.
AMUSEMENT FACILITIES
Any outdoor commercial facility or business open to the public
which provides for and offers entertainment activities, such as arcade
games and child or adult amusement rides, including, but not limited
to balloon rides; tilt-a-whirl; dart games; roulette wheel; roller
coasters; booths for games of skill and chance; pony rides; rodeos;
moving rides in a horizontal or vertical fashion such as ferris wheels,
carousels, rotating swings and cabs; kiddie rides; bungee jumping;
freefall; balloon games; moon bounce; whip rides; shooting galleries;
and fast-food service establishments and booths that are ancillary
to the amusement facility.
[Added 15-15-2003 by Ord. No. 2003-20]
ANIMAL HUSBANDRY
The domestication of, care for or breeding of animals such
as dogs, cattle, horses, fowl, sheep, goats, pigs and other like creatures.
[Added 4-22-2019 by Ord.
No. 2019-13]
APARTMENT
A portion of a building consisting of a room or group of
rooms used as a dwelling for a family and set apart as a separate
unit from other units or portions of a building.
ASSEMBLY HALL
Any building or area used for the gathering of 50 or more
individuals to participate in or observe programs for educational,
instructional, political, civic, entertainment, or amusement activities.
[Added 10-2-2023 by Ord. No. 2023-10]
ASSISTED LIVING FACILITY
Residences for the frail elderly that provide rooms, meals,
personal care, and supervision of self-administered medication. They
may provide other services, such as recreational activities, financial
services, and transportation.
[Added 12-1-2003 by Ord. No. 2003-30]
BOARDWALK
A level, landscaped and/or surfaced area directly adjacent
to a principal building or within three feet of finished grade, not
covered by a permanent roof and without footings.
[Added 7-6-1998 by Ord. No. 1998-5]
BREWERY, MICRO
Any establishment engaged in the act of brewing any malt
alcoholic beverage, including but not limited to beer, cider, or alcoholic
seltzer beverages, for sale and/or distribution to wholesalers, retailers,
or consumption on the premises, licensed in accordance with the State
Alcoholic Beverage Law that produces less than 300,000 barrels of
alcoholic beverages annually.
[Added 6-14-2021 by Ord. No. 2021-15]
BREWPUB
A restaurant that includes a micro brewery, and the alcoholic
beverages produced are intended to be consumed on the premises as
an accessory use to the restaurant.
[Added 6-14-2021 by Ord. No. 2021-15]
BUILDING AREA
The aggregate of the maximum horizontal cross-section areas,
excluding cornices, eaves and gutters, of all buildings on a lot.
BUILDING LINE
The line parallel to the street line at a distance therefrom
equal to the depth of the required front yard.
CANNABIS
All parts of the plant Cannabis sativa L., whether growing
or not, the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant, which are cultivated
and, when applicable, manufactured in accordance with P1.2021, c.
16 (N.J.S.A. 24: 6I-31 et seq.) for use in cannabis products, but
shall not include the weight of any other ingredient combined with
cannabis to prepare topical or oral administrations, food, drink,
or other product.
[Added 6-14-2021 by Ord. No. 2021-14; amended 2-28-2022 by Ord. No. 2022-8]
CANNABIS, ALTERNATIVE TREATMENT CENTER
An organization approved and licensed by the State of New
Jersey to perform activities necessary to provide registered qualifying
patients with usable marijuana or cannabis and related paraphernalia
in accordance with the provisions of the Compassionate Use Medical
Marijuana Act.
[Added 6-14-2021 by Ord. No. 2021-14; amended 2-28-2022 by Ord. No. 2022-8]
CANNABIS BUSINESS
Any person or entity that holds any of the six classes of
licenses established under P. L. 2021, c. 16, the "New Jersey Cannabis
Regulatory, Enforcement Assistance, and Marketplace Modernization
Act."
[Added 6-14-2021 by Ord. No. 2021-14; amended 2-28-2022 by Ord. No. 2022-8]
CANNABIS CULTIVATOR
Any licensed person or entity that grows, cultivates, or
produces cannabis, and sells, and may transport, this cannabis to
other cannabis cultivators, or usable cannabis to cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
This person or entity shall hold a Class 1 cannabis cultivator license.
[Added 6-14-2021 by Ord. No. 2021-14; amended 2-28-2022 by Ord. No. 2022-8]
CANNABIS DELIVERY SERVICE
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer. This person or entity shall hold a Class 6 cannabis
delivery license.
[Added 6-14-2021 by Ord. No. 2021-14; amended 2-28-2022 by Ord. No. 2022-8]
CANNABIS DISTRIBUTOR
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment, and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities. This person or entity shall hold a Class 4 cannabis distributor
license.
[Added 6-14-2021 by Ord. No. 2021-14; amended 2-28-2022 by Ord. No. 2022-8]
CANNABIS ESTABLISHMENT
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
[Added 6-14-2021 by Ord. No. 2021-14; amended 2-28-2022 by Ord. No. 2022-8]
CANNABIS MANUFACTURER
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
This person or entity shall hold a Class 2 cannabis manufacturer license.
[Added 6-14-2021 by Ord. No. 2021-14; amended 2-28-2022 by Ord. No. 2022-8]
CANNABIS PRODUCT
A product containing usable cannabis, cannabis extract, or
any other cannabis resin and other ingredients intended for human
consumption or use, including a product intended to be applied to
the skin or hair, edible cannabis products, ointments, and tinctures.
"Cannabis product" does not include: (1) usable cannabis by itself;
or (2) cannabis extract by itself; or (3) any other cannabis resin
by itself.
[Added 6-14-2021 by Ord. No. 2021-14; amended 2-28-2022 by Ord. No. 2022-8]
CANNABIS RETAILER
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer. This
person or entity shall hold a Class 5 cannabis retailer license.
[Added 6-14-2021 by Ord. No. 2021-14; amended 2-28-2022 by Ord. No. 2022-8]
CANNABIS TESTING FACILITY
An independent, third-party entity meeting accreditation
requirements established by the Cannabis Regulatory Commission that
is licensed to analyze and certify cannabis items and medical cannabis
for compliance with applicable health, safety, and potency standards.
[Added 6-14-2021 by Ord. No. 2021-14; amended 2-28-2022 by Ord. No. 2022-8]
CANNABIS WHOLESALER
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers. This person or entity shall hold a Class 3 cannabis wholesaler
license.
[Added 6-14-2021 by Ord. No. 2021-14; amended 2-28-2022 by Ord. No. 2022-8]
CENTER LINE OF STREET OR ROAD
A line midway between and parallel to the two street or road
property lines, or as otherwise defined by the Township Council.
CHILD-CARE CENTER[Added 2-7-1983 by Ord. No.
1983-2]:
(1)
An entity, organization or individual licensed
by the New Jersey Department of Human Services which operates a program
for the care, maintenance and supervision of children who are not
attended by their parents or guardians. Included in this definition
are centers which are not licensed by the State of New Jersey and
centers which offer educational, social, health and nutritional services
and programs.
[Amended 12-1-2003 by Ord. No. 2003-30]
(2)
This definition shall include but not be limited
to day-care centers, infant-care centers, drop-in centers, night-care
centers, preschools, nurseries, child cooperatives, kindergartens,
nursery schools, play schools, day camps, overnight camps and summer
camps. Camps are considered to be programs operated only for a limited
time period each year, generally during the nonacademic portion of
each year; available to school-age children; and mostly oriented to
outside recreation activities.
CHURCH; HOUSE OF WORSHIP
[Added 10-2-2023 by Ord. No. 2023-10]
(1)
A church, synagogue, temple, mosque, or other similar facility
that is used for prayer or religious services by persons of similar
beliefs as its primary use;
(2)
A special-purpose building that is architecturally designed
and particularly adapted for the primary use of conducting formal
religious services on a regular basis.
CLINIC, ANIMAL
An establishment operated by a licensed professional for
the primary purpose of providing general out-patient healthcare services
for domestic animals or pets.
[Added 2-28-2022 by Ord. No. 2022-7]
COMMERCIAL MIGRANT LABOR CAMP
One or more buildings or structures, together with the tract
of land appertaining thereto, used as living quarters by seasonal,
temporary or migrant workers, directly or indirectly in connection
with any work or place where work is performed, whether or not rent
is paid or reserved in connection with the use or occupation of such
premises; and which camp is carried on as a commercial enterprise
with the intent of gain or profit. The term "seasonal worker" or "temporary
worker" or "migrant worker" shall not include any person who is or
shall have been a resident of this state and who has had or shall
have had his all-year-round dwelling place in this state for one year
or longer and who dwells in said all year-round dwelling house while
engaging in any seasonal or temporary work.
COMMERCIAL VEHICLE
Any motor vehicle licensed or registered by any state as
a commercial vehicle.
[Added 4-22-2019 by Ord.
No. 2019-13]
CONDITIONAL USE
A use permitted in a particular zoning district only upon
a showing that such use in a specific location will comply with the
conditions and standards for the location or operation of such use
as contained in the Zoning Ordinance, and upon the issuance of an
authorization therefor by the Planning/Zoning Board.
[Added 12-1-2003 by Ord. No. 2003-30]
CORNER LOT
A lot fronting on two streets at their intersection. For
residential zones only, each corner lot shall meet the yard requirements
of front yards with respect to each yard adjacent to a street. The
rear yard shall be the yard area behind the structure using the street
address and access to define the front of the structure. The remaining
yard shall be the side yard. Therefore, all residential corner lots
shall have two front yards, one rear yard and one side yard, or two
front yards and one side yard, or three front yards and one side yard.
[Amended 12-20-1982 by Ord. No. 1982-40; 11-2-1987 by Ord. No. 1987-32; 12-1-2003 by Ord. No.
2003-30]
CRAFT DISTILLERY
Any establishment engaged in the act of distilling any alcoholic
beverage for sale and/or distribution to wholesalers, retailers, or
consumption on the premises, licensed in accordance with the State
Alcoholic Beverage Law, that produces less than 20,000 gallons of
alcoholic beverages annually.
[Added 6-14-2021 by Ord. No. 2021-15]
DECK
A structure with footings, open to the elements and not covered
by a roof, usually attached to or part of and with direct access to
a principal building.
[Added 7-6-1998 by Ord. No. 1998-5]
DWELLING
(1)
SINGLE-FAMILYA building, on a lot, designed and occupied exclusively as a residence for one family.
(2)
TWO-FAMILYA building, on a lot, designed and occupied exclusively as a residence for two families.
(4)
A trailer shall under no circumstances be included
within the definition of any kind of "dwelling."
ELECTRIC SUBSTATION
An assemblage of equipment for purposes other than generation
or utilization, through which electric energy in bulk is passed for
the purpose of switching or modifying its characteristics to meet
the needs of the general public, provided that in residence districts
an electric substation shall not include rotating equipment (except
as is incidental to the operation of the substation as such), storage
of materials, trucks or repair facilities or housing of repair crews.
ELECTRIC VEHICLE
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets; and operates either
partially or exclusively using an electric motor powered by an externally
charged on-board battery.
[Added 2-28-2022 by Ord. No. 2022-9]
ELECTRIC VEHICLE, CHARGING LEVEL
The amount of voltage provided to charge an electric vehicle
varies depending on the type of EVSE as follows:
[Added 2-28-2022 by Ord. No. 2022-9]
(1)
Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt
AC circuit.
(2)
Level 2 operates on a forty- to 100-amp breaker on a 208- or
240-volt AC circuit.
(3)
Direct-current fast charger (DCFC) operates on a sixty-amp or
higher breaker on a 480-volt or higher three-phase circuit with special
grounding equipment. DCFC stations can also be referred to as rapid
charging stations that are typically characterized by industrial grade
electrical outlets that allow for faster recharging of electric vehicles.
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT (EVSE)
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power outlets, power electronics,
transformer, switchgear, switches and controls, network interfaces,
point of sale equipment, and associated apparatus designed and used
for the purpose of transferring energy from the electric supply system
to a plug-in electric vehicle. "EVSE" may deliver either alternating
current or, consistent with fast charging equipment standards, direct
current electricity. "EVSE" is synonymous with "electric vehicle charging
station."
[Added 2-28-2022 by Ord. No. 2022-9]
ELECTRIC VEHICLE, MAKE-READY PARKING SPACE
The pre-wiring of electrical infrastructure at a parking
space, or set of parking spaces, to facilitate easy and cost-efficient
future installation of electric vehicle supply equipment or electric
vehicle service equipment, including, but not limited to, Level Two
EVSE and direct current fast chargers. Make ready includes expenses
related to service panels, junction boxes, conduit, wiring, and other
components necessary to make a particular location able to accommodate
electric vehicle supply equipment or electric vehicle service equipment
on a "plug and play" basis. "Make-ready" is synonymous with the term
"charger ready," as used in P.L.2019, c. 362 (N.J.S.A. 48:25-1 et
seq.).
[Added 2-28-2022 by Ord. No. 2022-9]
ELECTRIC VEHICLE, PRIVATE EVSE
EVSE that has restricted access to specific users (e.g.,
single- and two-family homes, executive parking fleet parking with
no access to the general public).
[Added 2-28-2022 by Ord. No. 2022-9]
ELECTRIC VEHICLE, PUBLICLY ACCESSIBLE EVSE
EVSE that is publicly available (e.g., park and ride, public
parking lots and garages, on-street parking, shopping center parking,
nonreserved parking in multifamily parking lots, etc.).
[Added 2-28-2022 by Ord. No. 2022-9]
FAMILY
Any number of persons living and cooking together as a single
housekeeping unit.
FAMILY DAY CARE HOME
The private residence of a family day-care provider which
is registered as a family day-care home pursuant to the Family Day
Care Provider Registration Act, P.L. 1987, c.27 (N.J.S.A. 30:5B-16
et seq.).
[Added 12-1-2003 by Ord. No. 2003-30]
FARM BUILDINGS
Barns, stables, silos, vegetable stands, tenant houses and
other structures customarily incidental to a farm.
FRESHWATER WETLANDS
As defined in the New Jersey Freshwater Wetlands Protection
Act of 1987, including any subsequent amendments. No freshwater wetlands area shall be used in the calculation
of residential density.
[Added 4-18-1988 by Ord. No. 1988-8]
GARDEN APARTMENTS
A group of multifamily dwellings, architecturally designed
with one unit placed on top of another unit, up to three units in
height, designed for rental or sale of the individual units having
common open spaces, and designed in accordance with the requirements
for such dwellings as set forth in this chapter.
GASOLINE FILLING STATION
Any building, land area, or other premises, or portion thereof,
used for the retail dispensing or sales of vehicular fuels, and not
used for the servicing or repair of vehicles. Selling of motor vehicles
is prohibited. See also "motor vehicle service station."
[Added 2-28-2022 by Ord. No. 2022-2]
GROUND-MOUNTED SOLAR ENERGY SYSTEM
Uses either a standard ground mount, which fixes the panel
or plate in one place, or a pole mount, which elevates the 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, that uses solar energy as
its fuel; is ground mounted and designed to be permanently affixed
to the ground on either a part of or all of the power beneficiary's
premises; is designed and intended primarily to offset part or all
of the beneficiary's requirements for energy consumption on site.
[Added 7-22-2013 by Ord. No. 2013-7; amended 2-25-2019 by Ord. No. 2019-6]
GROUP HOME
Any residence used in the placement of children or adults
pursuant to law recognized and licensed as a group home, community
residence for persons with developmental disabilities, community shelter
for victims of domestic violence, or community residence for persons
with head injuries by the appropriate agency of the State of New Jersey,
where food, shelter, and guidance is provided to persons who require
assistance, temporarily or permanently, in order to live in the community.
[Added 12-1-2003 by Ord. No. 2003-30; amended 10-2-2023 by Ord. No. 2023-10]
HEIGHT OF BUILDING
[Amended 7-19-1993 by Ord. No. 1993-26]
(1)
RESIDENTIAL BUILDINGThe vertical distance measured from the average ground level at the foundation to the extreme high point of the building, exclusive of chimneys, mechanical equipment and similar fixtures.
(2)
NONRESIDENTIAL BUILDINGThe vertical distance measured from the average ground level 20 feet away from the foundation to the extreme high point of the building, exclusive of elevator towers, mechanical equipment and false facade treatment to hide rooftop equipment.
HELISTOP
An area of defined dimensions designated for the landing
and takeoff of helicopters and used solely for that purpose.
[Added 5-4-1998 by Ord. No. 1998-1]
HOSPITAL, ANIMAL
An establishment where domestic animals or pets are provided
medical or surgical treatments.
[Added 2-28-2022 by Ord. No. 2022-7]
HOTEL
A facility offering transient lodging accommodations to the
general public that may provide additional services, such as restaurants,
meeting rooms, entertainment, and recreational facilities.
[Amended 12-1-2003 by Ord. No. 2003-30]
LOT
A parcel of land on which a main building and any accessory
buildings are or may be placed, together with at least the required
open spaces. The area of a lot which abuts a street shall be measured
to the property line only.
LOT SUITABILITY ENVELOPE
For lots in the R-3 Residence District, that portion of the
proposed development lot within which the principal building must
be located and consisting of an area exclusive of required front yard
setbacks, side yard setbacks and the area located within a fifty-foot
setback from any environmental restriction line (wetlands, wetland
buffers or floodplains) which may exist in the rear yard area. The
lot suitability envelope shall exist only at the time of issuance
of the initial building permit and shall not restrict the construction
of decks, patios, pools or similar ancillary structures.
[Added 11-17-1997 by Ord. No. 1997-27]
MOBILE FOOD FACILITIES or "FOOD TRUCKS"
A van, truck, towed trailer, or pushcart, from which prepared
foods are sold which establishes operation at a location for more
than 10 minutes.
[Added 4-22-2019 by Ord.
No. 2019-15]
MOTEL
A building or a series of buildings, connected or separated,
for the purpose of housing transient guests. This shall include motor
cabins, motor courts and tourist cabins.
MOTOR VEHICLE SERVICE STATION
Any building, land area, or other premises, or portion thereof,
used for the retail dispensing or sales of vehicular fuels; servicing
and repair of trucks under 10,000 pounds, SUV's and automobiles; and
including as an accessory use the sale and installation of lubricants,
tires, batteries, and similar vehicle accessories. Public vending
machines for food and drink are permitted. Towing shall be limited
to towing to the station for repairs, not for storage. Selling of
motor vehicles is prohibited. See also "gasoline filling station."
[Amended 2-15-1965 by Ord. No. 1965-1; 3-17-1997 by Ord. No.
1997-4; 12-1-2003 by Ord. No. 2003-30; 2-28-2022 by Ord. No. 2022-2]
NONCONFORMING BUILDING OR USE
A building or use of land or a building existing at the effective
date of this chapter which does not conform to the requirements of
this chapter.
OFFICE, GENERAL BUSINESS OR PROFESSIONAL
An establishment for conducting general business affairs
which does not offer a product or merchandise for sale to the public
on the premises, but conducts administrative or professional services,
including but not limited to the offices of an attorney, engineer,
insurance agent, title service, financial advisors, architect, accountant,
real estate sales, architect, marketing, consulting services, or similar
occupations.
[Added 2-28-2022 by Ord. No. 2022-7]
OFFICE, MEDICAL
An establishment operated by a licensed medical professional
used for the primary purpose of providing general healthcare services
to nonresident patients, such as the office of a doctor, psychiatrist,
dentist, chiropractor, therapist, mental health counselor, or a similar
professional.
[Added 2-28-2022 by Ord. No. 2022-7]
OPEN PORCH
A porch open on two or three sides except for screening.
A porch shall not be considered open if enclosed by permanent glass
sash.
PARKING SPACE
An open space or a garage, on a lot, used for parking motor
vehicles.
PATIO OR TERRACE
A level, landscaped and/or surfaced area directly adjacent
to a principal building or within three feet of finished grade, not
covered by a permanent roof and without footings.
[Added 7-6-1998 by Ord. No. 1998-5]
PLANNED ADULT RETIREMENT COMMUNITY[Added 9-18-1972 by Ord. No.
1972-12]:
(1)
Land under common ownership, containing residential
dwelling units, necessary accessory buildings and required or permitted
social, cultural, recreational, retail and commercial facilities,
wherein permanent residents must be at least 52 years of age, except
that the spouse or an immediate member of the family other than a
child of said permanent resident or a live-in domestic, companion
or nurse may be a permanent resident regardless of his or her age.
A maximum of one child age 18 or older may also reside as a permanent
resident with his or her parent or parents. In no event, however,
shall there be more than three permanent residents in any one residential
dwelling unit. Residential dwelling units in the PARC may be sold
either as a fee simple, with a homeowners' association or comparable
entity to administer, operate, manage, maintain or otherwise be fully
responsible for any common areas or services to be provided in the
PARC, or pursuant to the provisions of Chapter 257, Laws of 1969 (State
of New Jersey), as amended (the Condominium Act).
(2)
A PARC may also contain a comprehensive life-care
community, where the land and improvements thereon are under common
ownership and residents may contract for lifetime or lesser duration
use of the residential dwelling units and, in addition, may receive
health care, including both long- and short-term medical and nursing
care and other related services, including but not limited to food
service, housekeeping service, utility service, maintenance service
and the use of recreational, social and cultural facilities. If residential
units are not offered for sale to residents, the landowner shall not
be required to provide and establish a homeowners' association or
comparable entity, and, in that event, all duties, obligations and
liabilities imposed herein upon homeowners' associations or comparable
entities shall be borne by the landowner.
[Added 1-21-1980 by Ord. No. 1980-2]
POLE BARN
A post frame building supported by poles set in the ground,
which may lack a foundation or basement, and is generally used to
support agricultural activities as storage space or provide storage
space for industrial equipment.
[Added 4-22-2019 by Ord.
No. 2019-13; amended 10-2-2023 by Ord. No. 2023-10]
PORCH
A roofed open area which may be glazed or screened, without
heating and air conditioning, usually attached to a part of and with
access to a principal building.
[Added 7-6-1998 by Ord. No. 1998-5]
PRIMARY PLACE OF RESIDENCE
The address: (1) where at least one of the property owners
spends the majority of his or her nonworking time, and (2) which is
most clearly the center of his or her domestic life, and (3) which
is identified on his or her driver's license, voter registration,
or state identification card as being his or her legal address. All
the above requirements must be met in order for an address to constitute
being a principal residence for purposes of this section.
[Added 2-28-2022 by Ord. No. 2022-5]
PRIVATE GARAGE, CARPORT
An accessory building or structure used for the storage and
parking of any number of motor vehicles owned and used by the owner
or tenant of the premises.
[Added 4-22-2019 by Ord.
No. 2019-13; amended 10-2-2023 by Ord. No. 2023-10]
PROHIBITED USES
A use that is not permitted in a zoning district; a use that
is not specifically permitted is prohibited.
[Added 12-1-2003 by Ord. No. 2003-30]
PUBLIC GARAGE
A building or structure available to the general public used
for the storage, parking or repair of motor vehicles.
[Amended 4-22-2019 by Ord. No. 2019-13]
RECREATIONAL FACILITIES
Any commercial or noncommercial facility open to the public,
which provides for and offers active sports entertainment and activities,
such as, but not limited to small-scale auto race track; bumper cars;
batting cages; miniature golf, water slides; fixed mechanical spring
horses; water bumper boats; golf course; golf driving range; motorized
bike race track; tennis courts; baseball fields; basketball courts;
soccer fields; volleyball courts; football fields; swimming pools;
rock climbing walls; sliding boards; indoor video games; indoor games
of chance; indoor skateboard; indoor ice skating; indoor soccer; swings;
children's play structures; bowling; pool tables; indoor theaters;
health spas and gyms; pedestrian trails; running tacks; and food services
and retail sales which are related to the principal recreation activity.
It may also include amusement facilities, provided that they are established
within a building and are not located outdoors.
[Added 12-15-2003 by Ord. No. 2003-20]
RECREATION VEHICLE
A self-propelled or towed vehicle equipped to serve as temporary
living quarters for recreational, camping or travel purposes and used
solely as a family or personal conveyance.
[Added 12-1-2003 by Ord. No. 2003-30]
RESIDENTIAL BEHAVIORAL HEALTHCARE FACILITY
A facility that provides professional inpatient treatment
for mental, social, or physical illnesses, where the persons receiving
such treatment reside within the premises.
[Added 6-14-2021 by Ord. No. 2021-14; amended 2-28-2022 by Ord. No. 2022-8]
RESIDENTIAL MEDICAL DETOXIFICATION CENTER
A residential facility that provides medically supervised
treatment for persons suffering from acute withdrawal from a substance
abuse disorder or drug or alcohol addiction.
[Added 6-14-2021 by Ord. No. 2021-14; amended 2-28-2022 by Ord. No. 2022-8]
RESIDENTIAL SHORT-TERM RENTAL
A room, group of rooms, or other living or sleeping space
for the lodging of occupants other than a hotel or boarding house,
including but not limited to residences or buildings used as residences,
that are intended to be leased for a duration of less than 30 days
at a time, and where the space will not be the occupant's intended
primary place of residence.
[Added 2-28-2022 by Ord. No. 2022-5]
RESPONSIBLE PARTY
Either the short-term rental property owner or a person such
as a property manager designated by the owner to be called upon and
be responsible at all times during the period of a short-term rental
and to answer for the maintenance of the property, or the conduct
and acts of occupants of the short-term rental property, and, in the
case of the property manager, to accept service of legal process on
behalf of the owner of the short-term rental property.
[Added 2-28-2022 by Ord. No. 2022-5]
ROOF-MOUNTED SOLAR ENERGY SYSTEM
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,
that uses solar energy as its fuel; is located on the roof of a power
beneficiary's premises; is designed and intended primarily to offset
part or all of the beneficiary's requirements for energy consumption
on site.
[Added 7-22-2013 by Ord. No. 2013-7]
SALES ROOM, CRAFT DISTILLERY
An on-site or off-site facility that sells beverages produced
by a craft distillery direct to consumers either for consumption on
the premises, or off-premises, and licensed in accordance with the
State Alcoholic Beverage Law. Also known as a tasting room.
[Added 6-14-2021 by Ord. No. 2021-15]
SALES ROOM, MICRO BREWERY
An on-site or off-site facility that sells beverages produced
by a micro brewery direct to consumers either for consumption on the
premises, or off-premises, and licensed in accordance with the State
Alcoholic Beverage Law. Also known as a tasting room.
[Added 6-14-2021 by Ord. No. 2021-15]
SALES ROOM, WINERY
An on-site or off-site facility that sells beverages produced
by a winery direct to consumers either for consumption on the premises,
or off-premises, and licensed in accordance with the State Alcoholic
Beverage Law. Also known as a tasting room.
[Added 6-14-2021 by Ord. No. 2021-15]
SCHOOL[Added 2-7-1983 by Ord. No. 1983-2]:
(1)
Any building or part therefor which is designed,
constructed, or used for education or instruction in any branch of
knowledge.
[Amended 12-1-2003 by Ord. No. 2003-30]
(2)
A school does not include programs offered by
a business enterprise, such as a dance studio, karate school, secretarial
school or similar use.
SINGLE AND SEPARATE OWNERSHIP
The ownership of a lot by one or more persons, partnerships
or corporations, which ownership is separate and distinct from that
of any adjoining lot.
SOLAR COLLECTORS
A device or a combination of devices, structure, or part
of a device or structure that transforms direct solar energy into
thermal, chemical, or electrical energy.
[Added 2-25-2019 by Ord.
No. 2019-6]
SOLAR ENERGY FARMS
Also known as a "photovoltaic power station," is a large
scale decentralized solar array which supplies electricity to the
power grid for both residential and utility-scale solar. Typically,
many of these large-scale arrays are owned by utility companies and
serve as an asset to supply power to many properties in their coverage
area. Solar energy farms are associated with the concept of community
solar projects.
[Added 2-25-2019 by Ord.
No. 2019-6]
STORY
That part of a building included between any floor and the
floor or roof next above.
STREET
A public street, road or way which has been dedicated for
public use, or a private street, road or way which has been approved
by the Township Council.
STREET LINE
The dividing line between a lot and the outside boundary
of a public street, road or highway legally open or officially plotted
by the Township or between a lot and a private street, road or way
over which the owners or tenants of two or more lots held in single
and separate ownership have the right-of-way.
STRUCTURAL ALTERATION
Any change in or addition to the supporting members of a
building or structure, such as bearing-wall partitions, columns, beams
or girders.
STRUCTURE
A combination of materials to form a construction for occupancy
use or ornamentation whether installed on, above, or below the surface
of a parcel of land.
[Added 12-1-2003 by Ord. No. 2003-30]
SUNROOM
A roofed, enclosed area which may have siding, windows, screens,
heating and air conditioning, usually attached to or part of and with
access to a principal building.
[Added 7-6-1998 by Ord. No. 1998-5]
TELEPHONE CENTRAL OFFICE
A building and its equipment erected and used for the purposes
of facilitating transmission and exchange of telephone or radio telephone
messages between subscribers and other business of the telephone company,
but, in residence districts, not to include public business facilities,
storage of materials, trucking or repair facilities or housing of
repair crews.
TOURIST HOME
A private residence in which overnight accommodations are
provided for not more than 10 transient paying guests.
TOWNHOUSES
A building that has not less than three nor more than 10
one-family adjacent dwelling units erected in a row as a single building,
each being separated from the adjoining unit or units by an approved
masonry party or partition wall or walls, thus creating distinct units
intended for separate ownership or rental. This definition shall also
include such terms as "row house," "court dwelling," "maisonette,"
etc.
[Amended 12-1-2003 by Ord. No. 2003-30]
TRAILER or TRAILER CABIN
A vehicle, with or without its own motive power, equipped
for or used for living purposes and mounted on wheels or designed
to be so mounted and transported.
TRAILER CAMP
A lot or premises used for occupancy by two or more trailers
or other vehicles used for living or sleeping purposes.
TRUCK
Every motor vehicle designed, used or maintained primarily
for the transportation of property.
[Added 12-1-2003 by Ord. No. 2003-30]
TRUCK TRACTOR
Every motor vehicle designed and used primarily for drawing
other vehicles and not so constructed as to carry a load other than
a part of the weight of the vehicle and load so drawn.
[Added 12-1-2003 by Ord. No. 2003-30]
UTILITY SHED
An accessory building or structure used for storage purposes
and not for storage of vehicles.
[Added 4-22-2019 by Ord.
No. 2019-13]
VEHICULAR IMPOUND YARD
An area for the temporary storage of vehicles that are either
waiting to be repaired or to be sent to another location. The storage
of each vehicle shall not exceed six months.
[Added 12-1-2003 by Ord. No. 2003-30]
WINEMAKING, INSTRUCTIONAL FACILITY
Any facility where nonlicensed persons may engage in and
be instructed in and assist in the act of making wine or any similar
fermented alcoholic beverage, where instruction is provided by a person
licensed in accordance with the State Alcoholic Beverage Law.
[Added 6-14-2021 by Ord. No. 2021-15]
WINERY
Any establishment engaged in the act of fermenting fruit
juice or other natural substances in order to produce alcoholic beverages
such as wine, mead, or brandy, and licensed in accordance with the
State Alcoholic Beverage Law, that produces less than 250,000 gallons
of alcoholic beverages annually.
[Added 6-14-2021 by Ord. No. 2021-15]
YARDS[Amended 12-20-1982 by Ord. No. 1982-40]:
(1)
YARDAn open space on the same lot with a building, unoccupied and unobstructed from the ground upward. (An accessory structure placed in the rear yard, where permitted by law shall not be considered as an obstruction.)
(2)
FRONT YARDA yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the street right-of-way line, if the street line width meets or exceeds the minimum lot width for that zone or district, and a line parallel thereto on the lot. If the street right-of-way line is curved, the aforesaid line shall be a concentric line.
(3)
REAR YARDA yard extending across the full width of the lot between the rearmost main building and the rear lot line, the depth of which shall be measured from the main rear wall of the building to the rear lot line by creating a rectangle from the rear building wall.
[Amended 12-1-2003 by Ord. No. 2003-30]
(4)
SIDE YARDAn open, unoccupied space within the lot between a side lot line and the parts of the building, structure or outbuilding nearest thereto. Such "side yard" shall extend through, on both sides of the lot, from the street right-of-way line to the rear line of said lot.
(5)
OTHER YARDSWith respect to each yard of an irregularly shaped lot or irregularly shaped house, said yard shall be determined by placing a rectangle in said yard between the property line and the structure, which rectangle shall be the depth required for the yard in that particular zone and the width of the structure on that side of the lot measured by extending the lines of the structure.
(6)
DETERMINATION AND APPEALThe determination as to which yards are front, side or rear yards shall be made by the Construction Official. This determination shall be based upon the relationship of the lot and/or the building to adjacent properties. In the case of any question with respect to said determination, appeal shall be to the Planning Board without cost or fee.