Township of South Harrison, NJ Article II Definitions and Descriptions

§ 90-1.03 Definitions and word usage.

A. Word usage.

(1) Words used in the present tense include the future; words used in the singular number include the plural number and vice versa; the word "used" shall include arranged, designed, constructed, altered, converted, rented, leased or intended to be used; the word "lot" includes the words "plot," "premises" and "tract"; the word " building" includes the words "structure," "dwelling" or "residence"; the word "shall" is mandatory and not discretionary.

(2) Any word or term not defined herein shall be used with a meaning of standard usage. Moreover, whenever a term is used in the ordinance which is defined in N.J.S.A. 40:55D-1 et seq., such term is intended to have the meaning as defined in N.J.S.A. 40:55D-1 et seq., unless specifically defined to the contrary in this chapter.

B. For the purpose of this chapter, certain phrases and words are herein defined as follows:

ACCESSORY BUILDING, STRUCTURE OR USE

A building, structure or use which is customarily associated with and is subordinate and incidental to the principal building, structure or use and which is located on the same lot therewith. An accessory building attached to the principal building shall comply in all respects with the requirements applicable to the principal building.

ADMINISTRATIVE OFFICER

The Zoning Officer of South Harrison Township, Gloucester County, New Jersey.

ADVERSE EFFECT

Conditions or situations creating, imposing, aggravating or leading to impractical, unsafe or unsatisfactory conditions on a subdivided property or off-tract property such as, but not limited to, improper circulation and drainage rights-of-way inadequate drainage facilities, insufficient street widths; unsuitable street grades; unsuitable street locations to accommodate prospective traffic or coordinate and compose a convenient system; locating lots in a manner not adaptable for the intended purposes without danger to health or peril from flood, fire, erosion or other menace; providing for lots of insufficient size and neither providing nor making future allowance for access to the interior portion of the lot or for other facilities required by this chapter.

AGENT

One or more persons designated to represent the applicant before either the Planning/Zoning Board. Such person or persons shall be accompanied by an attorney.

AIRPORT

Any area of land or water, or both, designed and set aside for the landing and taking off of fixed-wing aircraft, utilized or to be utilized by the general public for such purposes, publicly or privately owned, and licensed by the Commissioner of Transportation as a public use airport or landing strip.

ALLEY

A minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

ALTERATIONS OR ADDITIONS, STRUCTURAL

Any change in or additions to the supporting members of a building, such as walls, columns, beams, girders, posts or piers.

APPLICANT

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

APPLICATION FOR DEVELOPMENT

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

AREA OF DEVELOPMENT

The net portion of a lot or tract which is available for potential development by any federal, state, county or municipal law or ordinance, but excluding areas of wetlands as defined by N.J.S.A. 13:9B-1 et seq., wetlands transition areas, floodplains, and stream corridors. The area of development shall include areas with setback, yard and buffer areas as prescribed in the South Harrison Township Land Use and Development Code and any areas covered by deed restrictions or covenants, with the exception of areas subject to such deed restrictions that prevent or prohibit development (i.e. easements for farmland preservation, open space, conservation, etc.).

[Added 12-12-2007 by Ord. No. 0-07-26]

AREA OF DISTURBANCE

The portion of a lot or tract which is proposed to be altered, modified, developed, improved, or otherwise changed from its current or existing condition by vegetation removal, grading alterations, filling, excavation, installation of site features, etc.

[Added 12-12-2007 by Ord. No. 0-07-26]

BASEMENT

A portion of a building having more than 50% of its clear vertical dimension (space) below the average finished contact grade along the outside walls of the buildings.

BEDROOM

A private room planned and intended for sleeping, separable from other rooms by a door, and accessible to a bathroom without crossing another bedroom or living room.

BILLBOARD

Any structure, surface or portion thereof on which lettered or pictorial matter is displayed for advertising purposes other than that on a building or its grounds.

BLOCK

The area bounded by one or more streets or a municipal boundary and also of sufficient size to accommodate a lot or lots of the minimum size required in Part 5, Zoning, of this chapter and as further specified herein.

BUILDING

Any structure or extension thereof or addition thereto having a roof supported by such things as columns, posts, piers or walls and intended for the shelter, business, housing or enclosing of persons, animals or property.

BUILDING HEIGHT

The vertical distance measured to the highest point from the mean elevation of the finished grade at the foundation along the side(s) of the building facing a street or to the street line, whichever is closer to the foundation. In all cases where this chapter provides for height limitations by reference to a specified height and a specified number of stories, the intent is to limit height to the specified maximum footage and the specified number of stories within said footage.

CALIPER

Standard measure of tree size for trees to be newly planted. The measurement is taken six inches above the ground level for trees four inches in diameter or less and 12 inches above the ground for trees over four inches in diameter.

[Added 12-12-2007 by Ord. No. 0-07-26]

CAMPER

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

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

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

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

CAPITAL IMPROVEMENT

A governmental acquisition of real property or major construction project.

CARTWAY

The hard or paved surface portion of a street customarily used by vehicles in the regular course of travel. Where there are curbs, the cartway is that portion between the curbs. Where there are not curbs, the cartway is that portion between the edge of the paved or graded width.

CHASSIS

The structural system beneath a manufactured home that is integral for the manufactured home's wheeled transportation.

[Added 6-11-2014 by Ord. No. 0-14-09]

CIRCULATION

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.

COMMERCIAL FARM

A farm management unit of no less than five acres, producing agricultural or horticultural products worth $2,500 or more annually, and satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23 et seq.; or a farm management unit less than five acres, producing agricultural or horticultural products worth $50,000 or more annually and otherwise satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.

[Added 12-12-2007 by Ord. No. 0-07-25; 7-9-2008 by Ord. No. 0-08-12]

COMMON PROPERTY

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

CONDITIONAL USE

A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as specified in this chapter.

CONSTRUCTION OFFICIAL

The Construction Official of the Township of South Harrison, Gloucester County, New Jersey.

CONVENTIONAL DEVELOPMENT

A development other than a planned development.

COVERAGE, BUILDING

The building area covered by all buildings on a lot, including all roofed areas on a lot, fixed or temporary, expressed as a percentage of the total lot area.

COVERAGE, IMPERVIOUS

The building coverage plus the area of all paved surfaces which cover a lot, such as required parking spaces, including necessary maneuvering areas, gravel and crushed stone areas, passageways and driveways giving access thereto, services areas, accessways, streets, walkways, patios and plazas.

CROWN

That portion of the tree comprised of branches.

[Added 12-12-2007 by Ord. No. 0-07-26]

CUL-DE-SAC OR DEAD-END STREET

A street or portion of a street in which accessibility is limited to only one single means of ingress or egress.

DAYS

Calendar days.

DENSITY

The permitted number of dwelling units per gross area of land to be developed.

DETACHED SINGLE-FAMILY DWELLING

A building physically detached from other buildings or portions of buildings which is occupied or intended to be occupied for residence purposes by one housekeeping unit and which has its own sleeping, sanitary and general living facilities. Each detached single-family dwelling shall have at least 1,000 square feet of gross floor area.

DEVELOPER

The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT REGULATION

A zoning ordinance, subdivision ordinance, site plan ordinance, or other Township regulation of the use and development of land, or amendment thereto.

DEVELOPMENT

The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure; or any mining, excavation of landfill, and any use or change in use of any building or other structure or land or extension of use of land, for which permission is required.

DIAMETER AT BREAST HEIGHT

Diameter of a tree measured 4 1/2 feet or 42 inches (forestry method) above the ground level on the downhill side for existing trees. Diameter defat breast height may appear as the abbreviation "DBH."

[Added 12-12-2007 by Ord. No. 0-07-26]

DISTURBANCE ZONE

That portion of a lot covered by existing or proposed buildings, structures, or improvements and within a certain specified distance around them as noted below:

[Added 12-12-2007 by Ord. No. 0-07-26]

(1) House or building: 20 feet (around all sides).

(2) Detached garage: Eight feet.

(3) Pool: 12 feet.

(4) Driveway/sidewalk: five feet.

(5) Septic fields: 10 feet.

(6) Underground utilities: five feet.

(7) Parking area/drive aisle: five feet.

(8) Shed: five feet.

(9) Patio/deck: eight feet.

(10) Base of berm grading for stormwater management basin: 10 feet.

(11) Miscellaneous improvement (other): five feet.

DRAINAGE

The removal of surface water or groundwater from land by drains, grading or other means as retention or detention basins and includes control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.

DRAINAGE AND UTILITY RIGHT-OF-WAY

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

DRIPLINE

A limiting line established on the ground by a series of perpendicular drop points marking the maximum radius of the crown of an existing tree, but not less than six feet from the trunk, whichever is greater.

[Added 12-12-2007 by Ord. No. 0-07-26]

DWELLING

Any permanent building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons.

DWELLING UNIT

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

EASEMENT

A use or burden imposed on real estate by deed or other legal means to permit the use of land by the municipality, public, a corporation or particular persons for specific uses.

ENVIRONMENTAL COMMISSION

A Township advisory body created pursuant to N.J.S.A. 40:55D-27.

EROSION

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

FARM

A tract of land at least five acres in size used for the growing and harvesting of crops and the raising and breeding of certain animals, including truck farms, fruit farms, nurseries and greenhouses, dairies and livestock produce.

FARM MANAGEMENT UNIT

A parcel or parcels of land, whether contiguous or noncontiguous, together with agricultural or horticultural buildings, structures and facilities, producing agricultural or horticultural products and operated as a single enterprise.

[Added 12-12-2007 by Ord. No. 0-07-25; 7-9-2008 by Ord. No. 0-08-12]

FARM MARKET

A facility used for the wholesale or retail marketing of the agricultural output of a commercial farm, and products that contribute to farm income, except that if a farm market is used for retail marketing, at least 51% of the annual gross sales of the retail farm market shall be generated from sales of the agricultural output of the commercial farm, and except that if a retail farm market is located on land less than five acres in area, the land on which the farm market is located shall produce annually agricultural or horticultural products worth at least $2,500.

[Added 12-12-2007 by Ord. No. 0-07-25; 7-9-2008 by Ord. No. 0-08-12]

FENCE

A vertical enclosure, solid or partially open, to prevent straying from within or intrusion from without. All fences over seven feet in height are also considered any structure for purposes of this chapter.

FINAL APPROVAL

The official action of the Planning/Zoning Board taken on a preliminary approved plat/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 guaranties.

FINANCIAL INSTITUTIONS

Any structure wherein business of primarily a financial nature is transacted, such as banks, savings and loans, mortgage companies and similar institutions.

FLOOD FRINGE AREA

That portion of the flood hazard area not designated as the floodway.

FLOOD HAZARD AREA

The floodway and the flood fringe area of a delineated stream.

FLOODPLAIN

The relatively flat area adjoining the channel of a natural stream which has been or may be hereafter covered by floodwater.

FLOODWAY

The channel of a natural stream and portions of the flood hazard area adjoining the channel which are reasonably required to carry and discharge the floodwater or flood of any natural stream.

FLOOR AREA RATIO

The sum of the area of all floors of buildings or structures compared to the total area of the site.

GARAGE, PRIVATE

A building or enclosed space used as an accessory to the main building which provides the storage of motor vehicles and in which no occupation, business or service for profit is carried on.

GENERAL OFFICE

A building comprised of more than 10,000 square feet in which at least 1/2 are rented or occupied by non-corporate or nonprofessional service-oriented business concerns.

GOLF COURSE

A tract of 75 or more acres containing a full-size, professional golf course at least 18 holes in length, together with appropriate accessory uses and structures, such as club houses, dining and refreshment facilities; driving ranges and miniature golf courses, provided that the operation of such are incidental and subordinate to the operation of the golf course.

GRADE

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

GROSS FLOOR AREA

The area measured by using the outside dimensions of the building, excluding the area of a garage, basement, attic, open porch or patio. Only those floor areas which have a ceiling height as prescribed by the Township Building Code[1]for residential uses and those floor areas either having a ceiling height of six feet or more or used for storage space in nonresidential uses shall be included in the gross floor area.

HOME OCCUPATION

A professional office, individual instruction, and provision of services conducted in a dwelling unit and subordinate to the residential use and meeting the criteria established for home occupations in § 90-5.29 of this chapter.

INTENSIVE FOWL OR LIVESTOCK FARM

A farm on which are kept more than a total of 200 head of adult large animals; or 50 head of small animals; or 10 head of fowl per acre; or one adult and up to one replacement large animal. Large animals shall include beef and dairy cattle, horses and mules, emus, ostriches, llamas and alpacas. Small animals shall include pigs, sheep, goats and calves up to an age of one year.

[Amended 12-10-2003 by Ord. No. 0-03-10]

INTERESTED PARTY

Any person, whether residing within or without the Township, whose right to use, acquire, or enjoy property is or may be affected by any action taken under this chapter or whose rights to use, acquire, or enjoy property under this chapter have been denied, violated or infringed by an action or a failure to act under this chapter.

JUNKYARD

The use of any space, whether inside or outside a building, for the storage, keeping, or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition, salvage, resale or abandonment of automobiles or other vehicles or machinery or parts thereof.

KENNEL

Any structure, premises, or refuge wherein or whereon the business of boarding or selling, or breeding of small animals is carried on; included shall be such establishments as animal shelters and animal hospitals.

LAND

Improvements and fixtures on, above or below the surface.

LANDSCAPING

An area of land restricted to landscape items which may also include such elements as natural features, earth berms, sculpture, signs, lighting, accessways, bikeways and pedestrian walkways, but not including motor vehicle parking, extending along the entire lot line where they are required. The width of a landscape area shall be measured at right angles to the lot line.

LOADING SPACE

An off-street space or berth on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading or unloading, with 15 feet of vertical clearance.

LOT

Any parcel of land separated from other parcels or portions as by a subdivision plat or deed of record, survey map or by metes and bounds, except that for purposes of this chapter, contiguous undersized lots under one ownership shall be considered one lot and except further that no portion of an existing public street shall be included in calculating the lot boundaries or areas.

LOT AREA

The area contained within the lot lines of a lot not including any portion of a street right-of-way.

LOT, CORNER

A lot on the junction of and abutting two or more intersecting streets where the interior angle of intersection does not exceed 135°. Each corner lot shall have two front yards, one side yard and one rear yard, the side and rear yard to be designated at the time of application for a construction permit.

LOT DEPTH

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

LOT FRONTAGE

The horizontal distance between side lot lines measured along the street line. The minimum lot frontage shall be the same as the lot width except that on curved alignments with an outside radius of less than 500 feet, the minimum distance between the side lot lines measured at the street line shall not be less than 75% of the required minimum lot width. In the case of a corner lot, either street frontage which meets the minimum frontage required for that zone may be considered the lot frontage.

LOT, INTERIOR

A lot other than a corner lot.

LOT WIDTH

The straight and horizontal distance between side lot lines at setback points on each side lot line measured an equal distance back from the street line. The minimum lot width shall be measured at the minimum required building setback line. Where side lot lines are not parallel, the minimum lot width at the setback line shall not be less than 75% of the minimum lot frontage for the zoning district in which the lot is located.

MAINTENANCE BOND

Any security acceptable to the governing body to assure the maintenance of duly approved improvements installed by the developer after the final acceptance of the improvements and including, but not limited to, surety bonds and letters of credit in accordance with N.J.S.A. 40:55D-53.5.

MAINTENANCE GUARANTY

Any security, other than cash, which may be accepted by the Township for the maintenance of any improvements required by this chapter.

MANUFACTURED HOME

Means a unit of housing which:

[Added 7-9-2008 by Ord. No. 0-08-15; amended 6-11-2014 by Ord. No. 0-14-09]

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

(2) Is built on a permanent chassis; and

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

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

(5) Is no greater than 26 feet in width.

MANUFACTURING, LIMITED

An activity which involves the fabrication, reshaping, reworking, assembly or combining of products from previously prepared materials and which does not involve the synthesis of chemical or chemical products or the processing of any raw materials. Limited manufacturing includes light industrial operations such as electronic, machine parts and small component assembly, as opposed to heavy industrial operations such as automobile assembly or milling activities.

MASTER PLAN

A composite of the mapped and written proposals recommending the physical development of the municipality which shall have been duly adopted by the Planning/Zoning Board.

MAXIMUM IMPERVIOUS COVERAGE (MIC)

The total area of impervious surfaces permitted on a lot, expressed as a percentage of the lot area.

MEAN ELEVATION

The average of the ground level measurements computed at the four extreme corner points of any existing or proposed building.

MINIMIZE

To reduce to the smallest extent possible, given the allowed development. Minimize does not mean to eliminate but rather that the most substantial efforts possible under the circumstances have been taken to reduce the adverse effect of the proposed action (such as grading, clearing, building, etc.).

[Added 12-12-2007 by Ord. No. 0-07-26]

MINOR SITE PLAN

A minor site plan shall be as specified hereunder and an applicant may prepare a minor site plan application drawn according to the standards and conditions specified in § 90-3.10 of this chapter if the proposed building, the conversion of an existing building from one use to another, or the enlargement of an existing building or any combination of same does not exceed 5,000 square feet for retail commercial uses; exceed 10,000 square feet for industrial uses; nor require more than 25 new parking spaces as prescribed by this chapter. All residential development requiring site plan approval shall comply with the major site plan submission requirements. All other site plans shall be minor site plans.

MOBILE HOME PARK

A parcel of land, or two or more parcels of land, containing no fewer than 10 sites equipped for the installation of manufactured homes under common ownership and control for the purposes of leasing each site to the owner of a manufactured home for the installation thereof, and where the owner or owners provide services, which are provided by the municipality in which the mobile home park is located for property owners outside the park, which services may include, but shall not be limited to, the following:

[Added 7-9-2008 by Ord. No. 0-08-15; amended 6-11-2014 by Ord. No. 0-14-09]

(1) The construction and maintenance of streets;

(2) Lighting of streets and other common areas;

(3) Garbage removal;

(4) Snow removal; and

(5) Provisions of the drainage of surface water from home sites and common areas.

MULTISTEM TREES

Trees having two or more main stems arising from the roots or main trunk not more than six inches above the ground level. Measurement of multistem trees shall be the average DBH of all stems.

[Added 12-12-2007 by Ord. No. 0-07-26]

MUNICIPAL AGENCY

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

NONCONFORMING BUILDING OR STRUCTURE

A building or structure which was lawful prior to the adoption, revision or amendment of Part 5, Zoning, of this chapter, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING LOT

A lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING USE

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

NURSING HOME

A facility operated for the purpose of providing therein lodging, board and nursing care to sick, invalid, infirm, disabled or convalescent persons for compensation and duly licensed by all governmental agencies.

OFFICIAL MAP

A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32 to 40:55D-36.

OFF SITE

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

OFF TRACT

Not located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

ON SITE

Located on a lot or a portion of the lot which is the subject of a development application.

ON TRACT

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

OPEN SPACE

Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvement that are designed to be incidental to the natural open character of the land. Retention and detention basins designed and approved for the purpose of managing stormwater shall not be considered as open space.

OPEN SPACE ORGANIZATION

An incorporated, nonprofit organization operating in a planned development under recorded land agreement through which:

(1) Each owner is automatically a member;

(2) Each occupied dwelling unit is automatically subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the Township; and

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

OWNER

The term shall be construed to include the duly authorized agent, attorney, purchaser, devisee, fiduciary or any person having vested or contingent interest in the property in question.

PARKING SPACE

An area of not less than 10 feet wide by 20 feet in length (unless otherwise specified in this chapter), either within a structure or in the open, for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes and public rights-of-way, except that nothing shall prohibit private driveways for detached dwelling units from being considered off-street parking areas, provided that no portion of such private driveway within the right-of-way line of the street intersected by such driveway shall be considered off-street parking space. The area is intended to be sufficient to accommodate the exterior extremities of the vehicles, whether in addition thereto wheel blocks are installed within this area to prevent the bumper from overhanging one end of the parking space. The width and length of each space shall be measured perpendicular to each other regardless of the angle of the parking space to the access aisle or driveway.

PERFORMANCE GUARANTY

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

PERMITTED USE

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

PICK-YOUR-OWN OPERATION

A direct marketing alternative wherein retail or wholesale customers are invited onto a commercial farm in order to harvest agricultural, floricultural or horticultural products.

[Added 12-12-2007 by Ord. No. 0-07-25; 7-9-2008 by Ord. No. 0-08-12]

PLAT

The map of a subdivision or site plan and is used interchangeably in the ordinance with "plan."

(1) SKETCH PLAT The 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.

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

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

PRELIMINARY APPROVAL

The conferral of certain rights as set forth in this chapter prior to final approval and after specific elements of a development plan have been agreed upon by the Planning/Zoning Board and the applicant.

PRESERVED AREA

The area outside or beyond the extent of proposed disturbance and improvements and within which all existing healthy trees and vegetation is to be protected and preserved.

[Added 12-12-2007 by Ord. No. 0-07-26]

PRINCIPAL BUILDING

A building in which is conducted the main or principal use of the lot on which said building is located.

PRINCIPAL USE

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

PROFESSIONAL OFFICE

The office of a member of a recognized profession or occupation, including architects, artists, authors, dentists, doctors, lawyers, veterinarians, ministers, musicians, optometrists, engineers, realtors and such other similar professions or occupations which may be so designated by the Planning/Zoning Board upon finding by such Board that such occupation is truly professional in character by virtue of the need for similar training and experience as a condition for the practice thereof, and that the practice of such occupation shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone in which it is located to a greater extent than for the professional activities listed herein.

PUBLIC AREAS

Public parks, playgrounds, trails, paths and other recreational areas; and other public open spaces; scenic and historic sites; and sites for schools and other public buildings and structures.

PUBLIC DEVELOPMENT PROPOSAL

A master plan, capital improvements program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.

PUBLIC DRAINAGEWAY

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 channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.

PUBLIC PURPOSE USES

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

QUORUM

The majority of the full authorized membership of the Planning/Zoning Board.

RECREATION, COMMERCIAL

A retail enterprise consisting of health clubs, fitness centers, golf courses, tennis, racquetball, indoor batting cages, and any other similar facilities operated as a business and open to the public for a fee

[Added 7-9-2008 by Ord. No. 0-08-14]

REPLACEMENT TREE

A nursery-grown certified tree, properly balled, marked with a durable label, indicating genus, species and variety, and satisfying the standards established for nursery stock and installation thereof set forth by the American Association of Nurseryman (AAN).

[Added 12-12-2007 by Ord. No. 0-07-26]

RESIDENTIAL AGRICULTURE

The growing and harvesting of plant life and the keeping of farm animals for the enjoyment of the residents on the property and not primarily for commercial purposes.

RESEARCH LABORATORY

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 for wholesale or retail sale and wherein commercial servicing or repair of commercial products is not performed; and where there is no display of any materials or products.

RESTAURANT

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

RESTAURANT, DRIVE-IN

Any restaurant, refreshment stand, snack bar, dairy bar, hamburger stand or hot dog stand where food is served primarily for consumption at counters, stools, tables or bars outside the building or primarily for consumption in automobiles parking on the premises whether brought to said automobiles by the customer or by employees of the restaurant, regardless of whether or not additional seats or other accommodations are provided for customers inside the building.

RESUBDIVISION

The further division of a lot or the adjustment of a lot line or lot lines.

RIGHT-OF-WAY

The land and space required on the surface, subsurface and overhead for the construction and installation of materials necessary to provide passageway for vehicular traffic, pedestrians, utility lines, poles, conduits and mains, signs, hydrants, trees and shrubbery.

SEDIMENTATION

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

SERVICE STATION

Lands and buildings providing for the sale of fuel, lubricants and automotive accessories. Maintenance and minor repairs for motor vehicles may be provided, but no body repairs or painting or the extended storage of inoperable or wrecked vehicles shall be permitted.

SETBACK LINE

A line drawn parallel with a street line or lot line and drawn through the point of a building nearest to the street line or lot line. The term "required setback" means a line that is established a minimum horizontal distance from the street line or the lot line and beyond which a building or part of a building is not permitted to extend toward the street line or lot line.

SHOPPING CENTER

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

SIGHT EASEMENT AT INTERSECTION

A triangular shaped area established at intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct sight distance of motorists entering or leaving the intersection.

SIGN

Any building or structure or portion thereof on which any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interest of any person or product when the same is placed in view of the general public.

SIGN AREA

The entire space within a single continuous perimeter enclosing the extreme limits of a sign.

SIGN FUNCTIONS

These may include, but not be limited to, the following:

(1) ADVERTISING A sign directing attention to a business commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is maintained.

(2) BUSINESS A sign directing attention to a business, commodity, service, or entertainment conducted, sold or offered upon the same premises as those upon which the sign is located.

(3) DIRECTORY A sign of permanent character, but with interchangeable letters, words or numerals, indicating the names of persons associated with, or events conducted upon, or products or services offered upon the premises whereon a sign is maintained.

(4) IDENTIFICATION A sign other than a bulletin board, directory or nameplate sign, indicating the name of a permitted use, the name and address of a building, or the name of the management thereof, or the date(s) of construction thereof.

(5) INSTRUCTIONAL A sign conveying instructions with respect to the premises on which it is maintained, such as parking lot entrance or exit signs, and danger signs.

(6) NAMEPLATE A sign indicating the name, address and/or profession or occupation of a person.

(7) PUBLIC A sign of a noncommercial nature and in the public interest, erected by, or on the order of, a public officer in the performance of his or her duty, such as safety signs, danger signs, memorial plaques or citations, official court and public notices, signs of historical interest, and the like.

(8) TEMPORARY A sign which is designed to advertise or announce, for a limited period, a particular event or series of events, to solicit political support, or to announce the availability for sale of a particular item or items.

SIGN HEIGHT

The greatest vertical dimension between the top of a sign and the ground.

SIGNIFICANT EXISTING TREES

Healthy trees, 12 inches DBH or greater.

[Added 12-12-2007 by Ord. No. 0-07-26]

SIGN, INTERIOR

Any sign that is affixed to or painted on the interior of a window or any sign located inside and within three feet of the face of the window which sign is designed to be visible from the exterior of the window.

SIGN TYPES

These may include, but not be limited to, the following types:

(1) GROUND A freestanding sign supported by uprights or braces in or upon the ground and not attached to any part of a building.

(2) HANGING A sign designed to project beyond the front face and perpendicular to it over a public walkway.

(3) INTEGRAL A sign carved into stone, concrete, or similar material or made of bronze, aluminum, or other permanent type construction and made an integral part of the structure.

(4) MARQUEE A sign attached to or hung from a marquee, canopy or other covered structure projecting from and supported by the building.

(5) ROOF A sign which is erected, constructed or maintained on, above or as part of the roof of any building.

(6) WALL A sign which is attached directly to the building and is parallel to the building.

SITE PLAN

A development plan of one or more lots on which is shown:

(1) The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways;

(2) The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and

(3) Any other information that may be reasonably required in order to make an informed determination concerning the adequacy of the plan in accordance with the requirements of this chapter.

SITE PLAN REVIEW

The examination of the specific development plans for a lot. Wherever the term "site plan approval" is used in this chapter, it shall be understood to mean a requirement that the site plan be reviewed and approved by the Board.

SPECIMEN TREE

Any tree with a diameter of 24 inches or greater, regardless of genus or species.

[Added 12-12-2007 by Ord. No. 0-07-26]

STEEP SLOPES

Slopes 15% or greater.

[Added 12-12-2007 by Ord. No. 0-07-26]

STORY

That portion of a building included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. For the purpose of this chapter, the interior of the roof shall not be considered a ceiling. A half story is the area under a pitched roof at the top of a building, the floor of which is at least four feet, but no more than six feet, below the plate.

STREET

Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal road, or which is shown upon a plat heretofore approved pursuant to law or which is approved by N.J.S.A. 40:55D-1, et seq., or which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning/Zoning 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, gutter, sidewalks, parking areas and other areas within the street line.

STREET LINE

The edge of the existing or future street right-of-way line, whichever would result in the widest right-of-way, as shown on the adopted Master Plan or Official Map, forming the dividing line between the street and a lot.

STRUCTURE

Anything constructed, assembled or erected which requires location on the ground or attachment to something having such location on the ground, including buildings, fences, tanks, towers, signs, advertising devices and swimming pools.

SUBDIVIDER

Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or herself or for another.

SUBDIVISION

The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivision within the meaning of this chapter if no new streets are created:

(1) Divisions of land found by the Planning/Zoning Board or Subdivision Committee thereof appointed by the Chair to be for agricultural purposes where all resulting parcels are five acres or larger in size;

(2) Division of property by testamentary or intestate provisions;

(3) Divisions of property upon court order; and

(4) Conveyances so as to combine existing lots by deed or other instrument. The term "subdivision" shall also include the term "resubdivision."

SUBDIVISION, MAJOR

Any division of land not classified as a minor subdivision.

SUBDIVISION, MINOR

A subdivision of land that does not involve the creation of more than three lots, in addition to any one retained parcel, planned development, any new street, or extension of any off-tract improvement. In counting lots to determine whether or not a proposed subdivision is a minor subdivision, the following lots shall be counted:

(1) All lots to be created by the proposed subdivision including lot(s) in excess of one, that are to be retained by the subdivider.

(2) No lots shall be counted twice and in case of a resubdivision, any lot eliminated or replaced shall be deducted.

(3) All lots created out of the original parcel by subdivisions either approved or pending approval within the previous one-year period.

SWIMMING POOL, COMMERCIAL

Commercial swimming pools shall mean and include all pools associated with permitted hotel and motel land uses. Commercial swimming pools shall be further classified into types in accordance with their particular use and shall meet the appropriate design standards as set forth by the National Swimming Pool Institute.

SWIMMING POOL, PORTABLE

Portable pools shall not be subject to the requirement of this chapter and are those pools which are not otherwise permanently installed; do not require water filtration, circulation and purification; do not exceed a water surface of 100 square feet; and do not require braces or supports.

SWIMMING POOL, PRIVATE RESIDENTIAL

Includes artificially constructed pools, whether located above or below the ground, having a depth of more than 18 inches and/or a water surface of 100 square feet or more; designed and maintained for swimming and bathing purposes by an individual for use by members of the household and guests and which is located on a lot as an accessory use to a detached dwelling and shall include all buildings, structures, equipment and appurtenances thereto. Private residential swimming pools shall be further classified into types in accordance with their particular use and shall meet the appropriate design standards as set forth by the National Swimming Pool Institute.

TOWNSHIP

Township of South Harrison, Gloucester County, New Jersey.

TRACT

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

TRAILER

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.

[Added 7-9-2008 by Ord. No. 0-08-15; amended 6-11-2014 by Ord. No. 0-14-09]

TREE

Any self-supporting woody plant which reaches a typical minimum height of 12 feet or more at maturity with a distinct trunk and crown.

[Added 12-12-2007 by Ord. No. 0-07-26]

TREE CANOPY AREA

The ground area encompassed to the dripline of trees, tree masses or woodlands.

[Added 12-12-2007 by Ord. No. 0-07-26]

TREE MASS

A grouping of three or more trees whose canopies intertwine or overlap.

[Added 12-12-2007 by Ord. No. 0-07-26]

TREE-PROTECTION ZONE

The portion of a lot outside of the disturbance zone.

[Added 12-12-2007 by Ord. No. 0-07-26]

TREE REMOVAL

The cutting down of a tree, the transplanting of a tree to a site other than that under development, or the infliction of damage to a tree that is of such severity as to show evidence within a period of two years of irreparable harm leading to the ultimate death of a tree. Examples of serious damage include, but are not limited to: damage inflicted to the root system by machinery, storage of materials, and soil compaction; changing the natural grade above or below the root system and around the trunk; damage inflicted on the tree permitting fungus infection or past infestation; excessive pruning; excessive thinning; paving with concrete, asphalt, or other impervious material within proximity as to be harmful to the tree.

[Added 12-12-2007 by Ord. No. 0-07-26]

TRUNK

That portion of a stem or stems of a tree before branching.

[Added 12-12-2007 by Ord. No. 0-07-26]

TWO-FAMILY DWELLING

A building containing two dwelling units only, each having entrances on the first floor, intended for residential occupancy by two housekeeping units, each living independently of each other and each with its own sleeping, cooking and sanitary facilities. The dwelling units shall be entirely separated from one another by vertical fire walls or horizontal floors, unpierced except for access to outside or to a common basement, unless otherwise specifically approved by the Board.

USE

The purpose for which land or structure(s) is arranged, designed, or intended, or for which either land or structure(s) is or may be used occupied or maintained.

USE, PRINCIPAL

The main or primary purpose or purposes for which land and/or structure(s), or use therefor is designed, arranged, or intended or for which they may be occupied or maintained under this chapter. All other structures or uses on the same lot and incidental or supplementary thereto and permitted under this chapter shall be considered accessory uses.

VARIANCE

A departure from the terms of this chapter authorized by the appropriate municipal agency in accordance with N.J.S.A. 40:55D-1 et seq.

WOODLAND

A plant community dominated by trees and other woody plants covering at least 10,000 square feet and containing a minimum of 100 trees with at least 50% of those trees having a two-inch DBH or greater.

[Added 12-12-2007 by Ord. No. 0-07-26]

YARD, FRONT

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

YARD, REAR

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

YARD, SIDE

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

ZONING DISTRICT

A finite area of land, as designated by its boundaries on the Zoning Map, throughout which specific and uniform regulations govern the use of land and/or the location, size and use of buildings.

ZONING MAP

The map annexed to and made part of this chapter, indicating zoning districts.[2]

ZONING OFFICER

The municipal official appointed by the Township Committee to carry out the literal provisions of Part 5, Zoning, of this chapter.

ZONING PERMIT

A document signed by the administrative officer which either is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building; or 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 to N.J.S.A. 40:55D-60 and 40:55D-70.

[1] Editor's Note: See Ch. 55, Construction Codes, Uniform.

[2] Editor's Note: The Zoning Map is included as an attachment to this chapter.