Definitions of Township-wide application. As used
in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING, STRUCTURE OR USE
A building, structure or use which is customarily associated
with and is subordinate in area, extent and purpose and incidental
to the principal building, structure or use, contributes primarily
to the comfort, convenience or necessity of the occupants, business
or industry of the principal structure or principal use served 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.
[Amended 8-6-1982 by Ord. No. 16-1982; 4-3-1997 by Ord. No.
1-1997]
ACCESSORY USE, TEMPORARY
An accessory use, which does not involve the construction or alteration of any permanent building or structure, established for a limited duration with the intent to discontinue such use upon the expiration of the time period. Temporary accessory uses shall comply with Article
V.
[Added 3-16-2022 by Ord. No. 8-2022]
ADMINISTRATIVE OFFICER
The Planning Board and/or Zoning Board Secretary, as may
be appropriate.
[Added 5-30-1979 by Ord. No. 8-1979]
AFFORDABLE SENIOR CITIZEN HOUSING
Housing for households where at least one member is 62 years
of age or older and which is affordable by low- and moderate-income
households according to standards promulgated by the Council on Affordable
Housing or as otherwise provided through a state or federal housing
program designed to provide affordable housing.
[Added 7-21-1994 by Ord. No. 7-1994]
AGRICULTURE
A production of plants or animals useful to man, including
but not limited to forages or sod crops; grains and feed crops; dairy
animals and dairy products; poultry and poultry products, livestock,
including beef, cattle, sheep, swine, horses, ponies, mules or goats,
and including the breeding and grazing of any or all such animals;
bees and apiary products; fur animals; trees and forest products;
fruits of all kinds, including grapes, nuts and berries; vegetables,
nursery, floral, ornamental and greenhouse products; or any land devoted
to and meeting the requirements and qualifications for payments or
other compensation pursuant to a soil conservation program under any
agency of the state or federal government; specifically excluded from
this definition, however, are processing plants. Notwithstanding the
foregoing, activities which qualify as "forestry" within the meaning
of the definition of forestry found at § 190-5(D) of this
Code shall not constitute "agriculture" under this definition.
[Added 3-15-1985 by Ord. No. 4-1985;
amended 6-5-1997 by Ord. No. 15-1997; 4-6-2000 by Ord. No. 5-2000]
AIRPORT SAFETY ZONE
An overlay zone delineated in accordance with the standards
and methodology promulgated by the New Jersey Department of Transportation,
Division of Aeronautics, as set forth by N.J.A.C. 16:62-3.1 or such
other superseding or amending regulation.
[Added 5-1-1997 by Ord. No. 3-1997]
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,
or in the dimensions or configurations of the roof or exterior walls.
[Amended 8-6-1982 by Ord. No. 16-1982]
ALTERNATE DESIGN PILOT PROGRAM TREATMENT SYSTEM
An individual or community on-site wastewater treatment system
that has the capability of providing a high level of treatment, including
a significant reduction in the level of total nitrogen in the wastewater,
and that has been approved by the Pinelands Commission for participation
in the alternate design wastewater treatment systems pilot program
pursuant to N.J.A.C. 7:50-10.23(b). Detailed plans and specifications
for each authorized technology are available at the principal office
of the Pinelands Commission.
[Added 8-7-2019 by Ord. No. 24-2019]
ANTENNA
Any structure or device used for the purpose of collecting
or transmitting electromagnetic waves, including but not limited to
directional antennas, such as panels, microwave dishes, satellite
dishes and omni-directional antennas.
[Added 8-17-2000 by Ord. No. 9-2000]
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
by this chapter for approval of a subdivision plat, site plan, planned development, conditional use, zoning
variance or direction for the issuance of a permit pursuant to N.J.S.A.
40:55D-1 et seq. or N.J.S.A. 13:18A-1 et seq.
[Added 1-31-1977 by Ord. No. 1-1977;
amended 8-6-1982 by Ord. No. 16-1982]
ARBOR
An accessory structure forming a shelter of vines or branches
or of latticework covered with climbing shrubs or vines. The dimensions
of an arbor shall not exceed a height of eight feet and a footprint
of 64 square feet. An arbor constructed as part of a deck shall comply
with the requirements for a deck and the Schedule of Area and Yard
Requirements for the zone in which the deck is located.
[Added 3-16-2022 by Ord. No. 8-2022]
BACKHAUL NETWORK
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices and/or long distance
providers or the public switched telephone network.
[Added 8-17-2000 by Ord. No. 9-2000]
BALCONY
An exterior floor projecting from and supported by a structure
without additional independent supports; shall be subject to the setback
requirements as outlined in the Schedule of Area and Yard Requirements
for that zone for the principal building.
[Added 12-20-2001 by Ord. No. 18-2001]
BASEMENT
A story having more than 25% of its clear height below average
contact grade.
BICYCLE LANE (BIKE LANE)
A portion of a roadway which has been designated by striping,
signing, and pavement markings for the preferential or exclusive use
of bicycles.
[Added 12-17-2008 by Ord. No. 21-2008]
BICYCLE PATH (BIKE PATH)
A bikeway physically separated from motorized vehicular traffic
by an open space or barrier, and either within the highway right-of-way
or within an independent right-of-way or easement.
[Added 12-17-2008 by Ord. No. 21-2008]
BIKEWAY
Any road, path, or way which in some manner is specifically
designated as being open to bicycle travel, regardless of whether
such facilities are designated for the exclusive use of bicycles or
are to be shared with other transportation modes.
[Added 12-17-2008 by Ord. No. 21-2008]
BILLBOARD
Any structure or portion thereof on which lettered or pictorial
matter is displayed for advertising purposes, other than on a building
or its grounds, giving the name and occupation of the user of the
premises, the nature of the business conducted therein or the products
primarily sold or manufactured therein; except that in the Pinelands
Area any sign advertising roadside farm stands shall not be considered
a billboard.
[Amended 8-6-1982 by Ord. No. 16-1982]
BUILDING
Any structure or extension thereof or addition thereto, either
temporary or permanent, 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.
[Amended 8-6-1982 by Ord. No. 16-1982]
BUILDING COVERAGE
The square footage or other area measurement by which all
buildings occupy a lot, as measured on a horizontal plane around the
periphery of the foundation and including the area under the roof
of any structure supported by columns but not having walls, as measured
around the outside of the outermost extremities of the roof above
the columns.
BUILDING HEIGHT
The vertical distance measured to the highest point from
the mean elevation of the finished grade five feet away from the foundation
along the side(s) of the building facing a street or at the street
line, whichever is closer to the foundation. On a corner lot, the
height shall be measured on the street having the greatest slope.
CAMPER
(1)
A self-propelled vehicular structure built as
one unit on a chassis and designed for temporary living for travel,
recreation, vacation or other short-term use, 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 facilities.
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 P.L. 2021, c.
16 for use in cannabis products as set forth in this chapter, but
shall not include the weight of any other ingredient combined with
cannabis to prepare topical or oral administrations, food, drink,
or other product. “Cannabis” does not include: medical
cannabis dispensed to registered qualifying patients pursuant to the
Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307
(N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, 26 c. 158 (N.J.S.A. 18A:40-12.22
et seq.); marijuana as defined in N.J.S.A. 2C:35-272 and applied to
any offense set forth in Chapters 35, 35A, and 36 of Title 2C of the
New Jersey Statutes, or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.),
or marijuana as defined in Aection 2 of P.L. 1970, c. 226 (N.J.S.A.
24:21-2) and applied to any offense set forth in the New Jersey Controlled
Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.);
or hemp or a hemp product cultivated, handled, processed, transported,
or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c.
238 (N.J.S.A. 4:28-6 et seq.).
[Added 8-18-2021 by Ord. No. 29-2021]
CANNABIS CONSUMPTION AREA
As further described in Section 28 of P.L. 2019, c. 153 (N.J.S.A.
24:6I-21), a designated location operated by a licensed cannabis retailer
or permit holder for dispensing medical cannabis, for which both a
state and local endorsement has been obtained, that is either: (1)
an indoor, structurally enclosed area of the cannabis retailer or
permit holder that is separate from the area in which retail sales
of cannabis items or the dispensing of medical cannabis occurs; or
(2) an exterior structure on the same premises as the cannabis retailer
or permit holder, either separate from or connected to the cannabis
retailer or permit holder, at which cannabis items or medical cannabis
either obtained from the retailer or permit holder, or brought by
a person to the consumption area, may be consumed.
[Added 8-18-2021 by Ord. No. 29-2021]
CANNABIS CULTIVATOR
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers. This person or entity shall hold a Class 1 cannabis
cultivator license.
[Added 8-18-2021 by Ord. No. 29-2021]
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 8-18-2021 by Ord. No. 29-2021]
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 8-18-2021 by Ord. No. 29-2021]
CANNABIS ESTABLISHMENT
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
[Added 8-18-2021 by Ord. No. 29-2021]
CANNABIS EXTRACT
A substance obtained by separating resins from cannabis by:
(1) a chemical extraction process using a hydrocarbon-based solvent,
such as butane, hexane, or propane; (2) a chemical extraction process
using the hydrocarbon-based solvent carbon dioxide, if the process
uses high heat or pressure; or (3) any other process identified by
the Cannabis Regulatory Commission by rule or regulation.
[Added 8-18-2021 by Ord. No. 29-2021]
CANNABIS ITEM
Any usable cannabis, cannabis product, cannabis extract,
and any other cannabis resin. “Cannabis item” does not
include: any form of medical cannabis dispensed to registered qualifying
patients pursuant to the Jake Honig Compassionate Use Medical Cannabis
Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c.
158 (N.J.S.A. 18A:40-12.22 et seq.); or hemp or a hemp product cultivated,
handled, processed, transported, or sold pursuant to the New Jersey
Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).
[Added 8-18-2021 by Ord. No. 29-2021]
CANNABIS LEAF
The leaf of the plant Cannabis sativa L. within the plant
family Cannabaceae.
[Added 8-18-2021 by Ord. No. 29-2021]
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 8-18-2021 by Ord. No. 29-2021]
CANNABIS PARAPHERNALIA
Any equipment, products, or materials of any kind, which
are used, intended for use, or designed for use in planting, propagating,
cultivating, growing, harvesting, composting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, vaporizing, or containing cannabis,
or for ingesting, inhaling, or otherwise introducing a cannabis item
into the human body. “Cannabis paraphernalia” does not
include drug paraphernalia as defined in N.J.S.A. 2C:36-1 and which
is used or intended for use to commit a violation of Chapter 35 or
36 of Title 2C of the New Jersey Statutes.
[Added 8-18-2021 by Ord. No. 29-2021]
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 8-18-2021 by Ord. No. 29-2021]
CANNABIS RESIN
The resin extracted from any part of the plant Cannabis sativa
L., including cannabis extract and resin extracted using nonchemical
processes, processed, and used in accordance with P.L. 2021, c. 16.
Cannabis resin does not include: any form of medical cannabis dispensed
to registered qualifying patients pursuant to the Jake Honig Compassionate
Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.)
and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); hashish as
defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in
Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or
P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or as defined in Section
2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied to any offense
of the New Jersey Controlled Dangerous Substances Act, P.L. 1970,
c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp product cultivated,
handled, processed, transported, or sold pursuant to the New Jersey
Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).
[Added 8-18-2021 by Ord. No. 29-2021]
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 8-18-2021 by Ord. No. 29-2021]
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 8-18-2021 by Ord. No. 29-2021]
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 8-18-2021 by Ord. No. 29-2021]
CARPORT
An accessory structure providing space for parking of no
more than two motor vehicles, having a roof and enclosed on not more
than three sides. A freestanding carport shall have a footprint not
exceeding 250 square feet and a height not exceeding 12 feet. A carport
attached to a principal building shall comply with the requirements
applicable to the principal building.
[Added 3-16-2022 by Ord. No. 8-2022]
CHILD-CARE CENTER
Any facility which is maintained for the care, development
and supervision of six or more children who attend the facility for
less than 24 hours per day and which offers such programs as private
nonsectarian child-care centers, day-care centers, drop-in centers,
day nursery schools, play schools, cooperative child centers, centers
for children with special needs, infant-toddler programs, employment-related
centers and/or kindergartens that are not an integral part of a private
educational institution or system offering elementary education in
grades kindergarten through six. A child-care center shall not offer
programs operated by a public or private day school of elementary
and/or high school grades, special activity programs for children,
youth camps and/or religious classes or centers.
[Added 9-6-1990 by Ord. No. 18-1990]
CLUSTER SINGLE-FAMILY RESIDENTIAL DEVELOPMENT
A development technique based on a gross dwelling unit density
for the entire tract in the zoning district in which it is located
and allowing the lot sizes for detached dwellings to be reduced or
individual segments to have higher densities so long as the gross
density is not exceeded.
COLLOCATION
Use of a common wireless telecommunications tower or a common
site by two or more wireless license holders or by one wireless license
holder for more than one type of communications technology and/or
placement of a wireless telecommunications tower on a structure owned
or operated by a utility or other public entity.
[Added 8-17-2000 by Ord. No. 9-2000]
COMMERCIAL FARM
[Added 3-16-2022 by Ord. No. 8-2022]
(1)
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.
54:4-23.1 et seq.; or
(2)
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.
COMMERCIAL PIGGERIES
Any plot of land that is used for the raising, breeding and
selling of hogs, swine or pigs where this use is not incidental to
some other primary agricultural use of farm premises containing a
dwelling.
[Added 5-30-1979 by Ord. No. 8-1979]
COMMERCIAL WIRELESS TELECOMMUNICATIONS SERVICES
Licensed commercial wireless telecommunications services,
including cellular, personal communications services, specialized
mobilized radio, enhanced specialized mobilized radio, paging and
similar services that are marketed to the general public.
[Added 8-17-2000 by Ord. No. 9-2000]
COMMISSION
The Cannabis Regulatory Commission established pursuant to
Section 31 of P.L. 2019, c. 153 (N.J.S.A. 24:6I-24).
[Added 8-18-2021 by Ord. No. 29-2021]
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, 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.
COMPLETE APPLICATION
An application form completed as specified by ordinance and
the rules and regulations of the municipal agency and all accompanying
documents required by ordinance for approval of the application for
development, including, where applicable, but not limited to, a site
plan or subdivision plat; provided that the municipal agency may require
such additional information not specified in the ordinance or any
revisions in the accompanying documents as are reasonably necessary
to make an informed decision as to whether the requirements necessary
for approval of the application for development have been met. The
application shall not be deemed incomplete for lack of any such additional
information or any revisions in the accompanying documents so required
by the municipal agency. An application shall be certified as complete
immediately upon the meeting of all requirements specified in the
ordinance and in the rules and regulations of the municipal agency
and shall be deemed complete as of the day it is so certified by the
administrative officer for purposes of the commencement of the time
period for action by the municipal agency.
[Added 5-2-1980 by Ord. No. 12-1980]
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 contained in this chapter and upon the issuance of an authorization
therefor by the Planning Board.
[Added 1-31-1977 by Ord. No. 1-1977]
CONDITIONAL LICENSE
A temporary license designated as either a Class 1 cannabis
cultivator; license, a Class 2 cannabis manufacturer license, a Class
3 cannabis wholesaler license, a Class 4 cannabis distributor license,
a Class 5 cannabis retailer license, or a Class 6 cannabis delivery
license that allows the holder to lawfully act as a cannabis cultivator,
cannabis manufacturer, cannabis wholesaler, cannabis distributor,
cannabis retailer, or cannabis delivery service as the case may be,
which is issued pursuant to an abbreviated application process, after
which the conditional license holder shall have a limited period of
time in which to become fully licensed by satisfying all of the remaining
conditions for licensure which were not required for the issuance
of the conditional license.
[Added 8-18-2021 by Ord. No. 29-2021]
CONDOMINIUM
An apartment or townhouse building(s) where each dwelling
unit is individually owned by respective housekeeping units while
common property is collectively owned and maintained by all the residents
of the building(s).
CONSUMER
A person 21 years of age or older who purchases, directly
or through a cannabis delivery service, acquires, owns, holds, or
uses cannabis items for personal use by a person 21 years of age or
older, but not for resale to others.
[Added 8-18-2021 by Ord. No. 29-2021]
CONSUMPTION
The act of ingesting, inhaling, or otherwise introducing
cannabis items into the human body.
[Added 8-18-2021 by Ord. No. 29-2021]
COUNTY PLANNING BOARD
A county planning board established by a county pursuant
to N.J.S.A. 40:27-1 to exercise the duties set forth in such chapter,
and also, in any county having adopted the provisions of the Optional
County Charter Law, P.L. 1972, c. 154, N.J.S.A. 40:41A-1 et seq.,
any department, division, board or agency established pursuant to
the Administrative Code of such county to exercise such duties, but
only to the degree and extent that the requirements specified in such
chapter for county planning boards do not conflict with the organization
and structure of such department, division, agency or board as set
forth in the Administrative Code of such county.
[Added 5-2-1980 by Ord. No. 12-1980]
DECK
An exterior floor supported on at least two opposing sides
by an adjacent structure, and/or posts, piers or other independent
supports, except that a handicap ramp meeting barrier-free code requirements
shall not be considered a deck and shall not be regulated by this
chapter. Decks shall be unroofed, but may have a pergola or an arbor
that shall not be higher than one story or 10 feet above the finished
elevation of the deck surface, whichever is less.
[Added 12-20-2001 by Ord. No. 18-2001; amended 3-16-2022 by Ord. No. 8-2022]
DECK, ATTACHED
If constructed 30 or more inches above finished grade and
attached to the principal building or constructed within four feet
thereof, shall be subject to the setback requirement as outlined in
the Schedule of Area and Yard Requirements for that zone for the principal
building.
[Added 12-20-2001 by Ord. No. 18-2001]
DECK, DETACHED
If constructed 30 or more inches above finished grade, but
not attached to the principal building, the deck shall be subject
to the Schedule of Area and Yard Requirements for that zone as an
accessory structure.
[Added 12-20-2001 by Ord. No. 18-2001]
DECK, GRADE LEVEL
If constructed less than 30 inches in height above grade
(measured from finished grade to the top of the deck), is not subject
to the Schedule of Area and Yard Requirements for that zone, except
that a minimum setback of 10 feet shall be maintained from property
lines in all cases.
[Added 12-20-2001 by Ord. No. 18-2001]
DECK HEIGHT
For an attached deck, the average vertical distance measured
to the highest point of the deck from the mean elevation of the finished
grade under the deck a distance of five feet away from the foundation
along the side(s) of the building. For a detached deck, the average
vertical distance to the highest point of the deck from the mean elevation
of the finished grade as measured from a horizontal distance five
feet away from the deck on all sides of the deck.
[Added 12-20-2001 by Ord. No. 18-2001]
DELIVERY
The transportation of cannabis items and related supplies
to a consumer. Delivery also includes the use by a licensed cannabis
retailer of any third party technology platform to receive, process,
and fulfill orders by consumers, which third party shall not be required
to be a licensed cannabis establishment, distributor, or delivery
service, provided that any physical acts in connection with fulfilling
the order and delivery shall be accomplished by a certified cannabis
handler performing work for or on behalf of the licensed cannabis
retailer, which includes a certified cannabis handler employed or
otherwise working on behalf of a cannabis delivery service making
off-premises deliveries of consumer purchases fulfilled by that cannabis
retailer.
[Added 8-18-2021 by Ord. No. 29-2021]
DEPARTMENT
The News Jersey Department of Health.
[Added 8-18-2021 by Ord. No. 29-2021]
DWELLING, DETACHED
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 cooking, sleeping,
sanitary and general living facilities.
DWELLING UNIT
A room or series of connected rooms containing living, cooking,
sleeping and sanitary facilities for one housekeeping unit. The dwelling
unit shall be self-contained and shall not require the use of outside
stairs, common hallways, 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.
EQUIPMENT SHED/SHELTER
An enclosed structure, cabinet, shed or box at the base of
the local communications facility within which are housed batteries
and electrical equipment.
[Added 8-17-2000 by Ord. No. 9-2000]
EXEMPT HOME OCCUPATION
A low-intensity use, exclusive of those home professional
occupations otherwise permitted in this chapter, provided that such
exempt home occupation conforms to the following requirements
[Added 12-15-1994 by Ord. No. 8-1994]:
(1)
No person other than members of the household
residing on the premises shall be engaged in such occupation.
(2)
The use of the dwelling unit for the exempt
home occupation shall be clearly incidental and subordinate to the
use of the property for residential purposes by its residents, and
not more than 20% of the floor area of the dwelling unit shall be
used in the conduct of the exempt home occupation.
(3)
There shall be no external auditory or visual
evidence of the exempt home occupation.
(4)
The exempt home occupation shall not necessitate
any additional parking at any time in addition to those vehicles ordinarily
used by the residents of the home. Commercial vehicles shall not be
utilized in association with the exempt home occupation.
(5)
No site plan approval is required for an exempt
home occupation use.
FAA
The Federal Aviation Administration.
[Added 8-17-2000 by Ord. No. 9-2000]
FARM[Amended 5-30-1979 by Ord. No. 8-1979]:
(1)
PRINCIPAL USESA lot of at least six acres, with the first acre devoted to the dwelling (if applicable) and at least five additional acres devoted to agricultural use, including the growing and harvesting of crops and the raising and breeding of farm animals, except that commercial piggeries are prohibited. Truck farms, fruit farms, nurseries, greenhouses, dairies and livestock produce are permitted.
(2)
ACCESSORY USESBuildings incidental to farms such as greenhouses, buildings for the housing of seasonal workers for the farm's own use, barns and packing, grading and storage buildings limited to produce raised on the premises. Processing operations, buildings for the keeping of poultry, airstrips for the spraying of crops where primarily local crops are serviced, garages for the storage of farm equipment and farm stands are accessory farm uses.
[Amended 8-6-1982 by Ord. No. 16-1982]
FCC
The Federal Communications Commission.
[Added 8-17-2000 by Ord. No. 9-2000]
FIRST-FLOOR AREA
The residential portion of a dwelling unit, excluding basements
and garages, measured by using the outside dimensions of the residential
portion of the building. For a split-level, bi-level or tri-level
dwelling, the area shall be considered to be the sum of the areas
of two adjoining levels, excluding basements and garages, provided
both levels are connected by permanent, built-in stairs in the interior
of the building.
FLAG LOT
A lot which meets the area requirements of this chapter except
lot frontage, which may be reduced to permit utilization of lands
with limited road frontage.
[Added 8-6-1982 by Ord. No. 16-1982]
FLOODPLAIN
The relatively flat terrain adjoining a water channel which
has been or may be hereafter covered by floodwater of the channel.
FLOOR AREA, FINISHED
In the computation of required minimum floor area as required
in this chapter, only finished space shall be calculated. "Finished
floor area" is that space in which all internal systems (plumbing,
heating, electrical service, etc.) are completely installed and operational
and where finish materials (sheetrock, paneling, etc.) are in place
and ready to receive cosmetic finishing (paint, wall covering, floor
coverings, etc.). No floor area of any basement shall be included
in the computation of minimum floor area as required in this chapter.
[Added 5-30-1979 by Ord. No. 8-1979;
amended 12-15-1994 by Ord. No. 8-1994]
FOOTPRINT
The area of surface measured by using the outside dimensions
of an accessory structure, typically from the outer edge of columns
or vertical structural elements to calculate an enclosure measured
in square feet.
[Added 3-16-2022 by Ord. No. 8-2022]
GARAGE, PRIVATE
An accessory building or structure or portion of a main building
or structure for the parking of vehicles and incidental storage requirements
of the occupants of the principal use, building or structure of the
lot, provided that, in the computation of required minimum floor area,
a garage shall include a roof, walls and doors which fully enclose
the garage space. A private garage attached to the principal building
shall comply with the requirements to the principal buildings. A detached
private garage shall comply with the accessory requirements provided
for the zoning district in which the garage is located.]
[Amended 3-3-1978 by Ord. No. 1-1978; 8-6-1982 by Ord. No.
16-1982; 3-16-2022 by Ord. No. 8-2022]
GARAGE, PUBLIC
A building or part thereof, other than a private garage,
used for the storage, care or repair of motor vehicles customarily
used for private transportation, local schoolbuses, commercial vehicles,
farm equipment and farm vehicles.
GARDEN APARTMENT
An apartment containing a minimum of six dwelling units and
not exceeding two stories in height.
GAZEBO
An accessory structure consisting of a detached, covered,
freestanding, open-air structure having a gross floor area not exceeding
300 square feet and a height not exceeding 12 feet.
[Added 3-16-2022 by Ord. No. 8-2022]
GOLF COURSE
An area of 50 or more contiguous acres containing a full-size
professional golf course at least nine holes in length, not less than
three par each, together with the necessary accessory uses and structures
such as clubhouses, dining and refreshment facilities, provided that
the operation of such is incidental and subordinate to the operation
of the golf course.
GRADE, FINISHED
A reference plane representing the average of finished ground
level adjoining the building at exterior walls. Where the finished
ground level slopes away from the exterior walls, the reference plane
shall be established by the lowest points within the area between
the building and a point five feet from the building. The finished
grade shall include the completed surfaces of lawns, walks, driveways
and roads brought to grade as shown on official plans. No certificate
of occupancy will be issued until the finished grade has been completed.
[Added 12-20-2001 by Ord. No. 18-2001]
GROSS FLOOR AREA
The area measured by using the outside dimension of the building,
excluding the area of an attached garage, attic, open porch or patio.
Gross floor area shall apply to detached accessory buildings and structures
including, but not limited to, private garages, sheds and gazebos.
Only those floor areas which have a ceiling height of eight feet or
more and those areas used for storage space in nonresidential uses
shall be included in the gross floor area. The gross floor area of
a townhouse, apartment or other attached structure shall be measured
from the center of interior walls and the outside of exterior walls.
[Amended 3-16-2022 by Ord. No. 8-2022]
HEIGHT
When referring to a tower or other structure, the distances
measured from the finished grade of the parcel to the highest point
on the tower or other structure, including the base pad and antenna.
[Added 8-17-2000 by Ord. No. 9-2000]
HOME OCCUPATION
An occupation being conducted wholly or in part from a residence
or its residential lot as an accessory use. Such occupations shall
be conducted solely by resident occupants of the residential building,
except that no more than two persons not residents of the building
may be employed, and provided also that no more than 900 square feet
or the equivalent of the first-floor area of the building, whichever
is smaller, shall be used for such purpose; that the livable floor
area for the residence shall remain at least as large as that required
of the residences; that no display of products shall be visible from
the street; that the residential character of the building shall not
be changed; that the occupation shall be conducted entirely within
either the dwelling unit or an accessory building, but not both; that
no occupational sounds shall be audible outside the building; that
no article shall be offered for sale on the premises; that no machinery
or equipment shall be used which will cause interference with radio
and television reception in neighboring residences; and that the use
does not reduce the parking or yard requirements of the principal
use.
HOMEOWNERS' ASSOCIATION
An incorporated, nonprofit organization operating in a cluster
or planned unit development under recorded land agreements through
which:
(1)
Each lot 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.
(3)
Each owner and tenant has the right to use the
common property.
HOSPITAL, REST HOME AND NURSING HOME
An establishment for rest and recuperation containing beds
for four or more patients and used for the diagnosis, treatment or
other care of human ailments.
HOUSEKEEPING UNIT
One or more persons living together in one dwelling unit
on a nonseasonal basis and sharing living, sleeping, cooking and sanitary
facilities on a nonprofit basis.
IMMEDIATE FAMILY
Those persons related by blood or legal relationship in the
following manner: spouses, domestic partners, great-grandparents,
grandparents, great-grandchildren, grandchildren, parents, sons, daughters,
brothers and sisters, aunts and uncles, nephews, nieces and first
cousins.
[Added 8-7-2019 by Ord. No. 24-2019]
INDUSTRIAL PARK
An area wherein one or more buildings are erected for industrial
purposes in relation to one another as part of an integrated and comprehensively
planned total unit, whether or not the buildings are erected simultaneously
or over a period of time.
INTERESTED PARTY
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey. In the case of a civil proceeding in any
court or in an administrative proceeding before a municipal agency,
any person, whether residing within or without the municipality, whose
right to use, acquire or enjoy property is or may be affected by any
action taken under this chapter, or whose rights to use, acquire or
enjoy property under this chapter or under any other law of this state
or of the United States have been denied, violated or infringed by
an action or a failure to act under N.J.S.A. 40:55D-1 et seq.
[Added 1-31-1977 by Ord. No. 1-1977]
LATTICE TOWER
A freestanding tower with multiple legs and cross-bracing
of structural steel.
[Added 8-17-2000 by Ord. No. 9-2000]
LICENSE
A license issued under P.L. 2021, c. 16, including a license
that is designated as either a Class 1 cannabis cultivator license,
a Class 2 cannabis manufacturer license, a Class 3 cannabis wholesaler
license, a Class 4 cannabis distributor license, a Class 5 cannabis
retailer license, or a Class 6 cannabis delivery license. The term
includes a conditional license for a designated class, except when
the context of the provisions of P.L. 2021, c. 16, otherwise intend
to only apply to a license and not a conditional license.
[Added 8-18-2021 by Ord. No. 29-2021]
LICENSEE
A person or entity that holds a license issued under P.L.
2021, c. 16., including a license that is designated as either a Class
1 cannabis cultivator license, a Class 2 cannabis manufacturer license,
a Class 3 cannabis wholesaler license, a Class 4 cannabis distributor
license, a Class 5 cannabis retailer license, or a Class 6 cannabis
delivery license, and includes a person or entity that holds a conditional
license for a designated class, except when the context of the provisions
of P.L. 2021, c. 16., otherwise intend to only apply to a person or
entity that holds a license and not a conditional license.
[Added 8-18-2021 by Ord. No. 29-2021]
LICENSEE REPRESENTATIVE
An owner, director, officer, manager, employee, agent, or
other representative of a licensee, to the extent that the person
acts in a representative capacity.
[Added 8-18-2021 by Ord. No. 29-2021]
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 a street shall be included in calculating the lot
boundaries or areas.
LOT AREA
The area contained within the lot lines of a lot, but not
including any portion of a street right-of-way.
LOT, CORNER
A lot on the junction of and abutting on two or more intersecting
streets where the interior angle of the intersection does not exceed
135°.
LOT DEPTH
The shortest horizontal distance between the front lot line
and a line drawn parallel to the front lot line through the midpoint
of the rear lot line.
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 50% of the required minimum lot width, and except further as permitted in §
190-54. 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.
[Amended 5-30-1979 by Ord. No. 8-1979]
LOT LINE
Any line forming a portion of the exterior boundary of a
lot and the same line as the street line for that portion of a lot
abutting a street.
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 width for the zoning district
in which the lot is located, except that such reduction shall not
encroach on required side yards.
[Amended 5-30-1979 by Ord. No. 8-1979]
MANUFACTURE
The drying, processing, compounding, or conversion of usable
cannabis into cannabis products or cannabis resins. Manufacture does
not include packaging or labeling.
[Added 8-18-2021 by Ord. No. 29-2021]
MATURE CANNABIS PLANT
A cannabis plant that is not an immature cannabis plant.
[Added 8-18-2021 by Ord. No. 29-2021]
MEDICAL CANNABIS
Cannabis dispensed to registered qualifying patients pursuant
to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009,
c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A.
18A:40-12.22 et seq.). Medical cannabis does not include any cannabis
or cannabis item which is cultivated, produced, processed, and consumed
in accordance with P.L. 2021, c. 16.
[Added 8-18-2021 by Ord. No. 29-2021]
MICROBUSINESS
A person or entity licensed under P.L. 2021, c. 16., as a
cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis
distributor, cannabis retailer, or cannabis delivery service that
may only, with respect to its business operations, and capacity and
quantity of product: (1) employ no more than 10 employees; (2) operate
a cannabis establishment occupying an area of no more than 2,500 square
feet, and in the case of a cannabis cultivator, grow cannabis on an
area no more than 2,500 square feet measured on a horizontal plane
and grow above that plane not higher than 24 feet; (3) possess no
more than 1,000 cannabis plants each month, except that a cannabis
distributor’s possession of cannabis plants for transportation
shall not be subject to this limit; (4) acquire each month, in the
case of a cannabis manufacturer, no more than 11,000 pounds of usable
cannabis; (5) acquire for resale each month, in the case of a cannabis
wholesaler, no more than 1,000 pounds of usable cannabis, or the equivalent
amount in any form of manufactured cannabis product or cannabis resin,
or any combination thereof; and (6) acquire for retail sale each month,
in the case of a cannabis retailer, no more than 1,000 pounds of usable
cannabis, or the equivalent amount in any form of manufactured cannabis
product or cannabis resin, or any combination thereof.
[Added 8-18-2021 by Ord. No. 29-2021]
MINOR SITE PLAN
A development plan of one or more lots which does not involve
the erection of a new structure or use or any addition to an existing
structure or use which would exceed 25% of the existing floor area;
does not involve planned development, any new street or extension
of any off-tract improvement which is to be prorated pursuant to N.J.S.A.
40:55D-12; and contains the information required by this chapter for
minor site plan approval.
[Added 5-2-1980 by Ord. No. 12-1980]
MOBILE HOME
A dwelling unit manufactured in one or more sections, designed
for long-term occupancy; containing living and sleeping accommodations,
a flush toilet, a tub or shower, bath and kitchen facilities with
plumbing and electrical connections provided for attachment to outside
systems; and designed to be transported, after fabrication, on its
own wheels or on flatbed or other trailers, arriving at the site where
it is to be occupied as a dwelling complete, usually including major
appliances and furniture, and ready for occupancy except for minor
and incidental unpacking and assembly operations. For purposes of
this chapter, travel trailers, campers, and camper trailers are not
considered mobile homes.
MONOPOLE
A single, freestanding pole-type structure, tapering from
base to top, and supporting one or more antennas for wireless transmission.
[Added 8-17-2000 by Ord. No. 9-2000]
NONCONFORMING BUILDING OR STRUCTURE
A building or structure which in its location upon a lot
or in its size does not conform to the regulations of this chapter
for the zone in which it is located.
NONCONFORMING LOT
A lot of record which does not have the minimum width, frontage,
depth or contain the minimum area for the zone in which it is located.
NONCONFORMING USE
A use occupying a building, structure or lot which does not
conform to the use regulations of the district in which it is located.
PARKING SPACE
A space for the parking of a motor vehicle within a public
or on-street parking area. Parking stalls shall be a minimum size
of nine feet by 18 feet. Ten-foot-by-eighteen-foot parking stalls
shall be required wherever shopping carts or other wheeled conveyances
are proposed for use and in all parking areas where individual parking
stalls are not delineated.
[Amended 12-16-2009 by Ord. No. 30-2009]
PERGOLA
An accessory structure consisting of parallel colonnades
supporting an open roof of crossing rafters or trelliswork. A freestanding
pergola shall have a footprint not exceeding 300 square feet and a
height not exceeding 12 feet. A pergola constructed as part of a deck
shall comply with the requirements for a deck and the Schedule of
Area and Yard Requirements for the zone in which the deck is located.
[Added 3-16-2022 by Ord. No. 8-2022]
PERMITTED USE
Any use of land or buildings as permitted by this chapter.
PORTABLE HOME STORAGE UNIT
A temporary accessory use involving a portable storage container
used for storage of personal property of any kind, generically known
as a “pod,” and is located outside an enclosed building
or structure. Portable home storage units shall not exceed 16 feet
in length, eight feet in width and eight feet in height.
[Added 3-16-2022 by Ord. No. 8-2022]
PREEXISTING TOWERS AND ANTENNAS
Any tower or antenna for which a building permit has been
properly issued prior to the effective date of this definition, including
permitted towers or antennas that have not yet been constructed so
long as such approval is current and not expired.
[Added 8-17-2000 by Ord. No. 9-2000]
PREMISES or LICENSED PREMISES
Includes the following areas of a location licensed under
P.L. 2021, c. 16.: all public and private enclosed areas at the location
that are used in the business operated at the location, including
offices, kitchens, rest rooms, and storerooms; all areas outside a
building that the Cannabis Regulatory Commission has specifically
licensed for the production, manufacturing, wholesaling, distributing,
retail sale, or delivery of cannabis items; and, for a location that
the commission has specifically licensed for the production of cannabis
outside a building, the entire lot or parcel that the licensee owns,
leases, or has a right to occupy.
[Added 8-18-2021 by Ord. No. 29-2021]
PRINCIPAL USE
The main purpose for which a lot or building is used.
PRIVATE SCHOOL
A privately administered institution of education whose general
course work is comparable to the public school system and whose curriculum
is approved by the New Jersey Department of Education or the New Jersey
Department of Higher Education.
PRODUCE
The planting, cultivation, growing or harvesting of cannabis.
Produce does not include the drying of cannabis by a cannabis manufacturer
if the cannabis manufacturer is not otherwise manufacturing cannabis.
[Added 8-18-2021 by Ord. No. 29-2021]
PROVIDER
A company that provides wireless services via a local communications
facility.
[Added 8-17-2000 by Ord. No. 9-2000]
PUBLIC PLACE
Any place to which the public has access that is not privately
owned; or any place to which the public has access where alcohol consumption
is not allowed, including, but not limited to, a public street, road,
thoroughfare, sidewalk, bridge, alley, plaza, park, playground, swimming
pool, shopping area, public transportation facility, vehicle used
for public transportation, parking lot, public library, or any other
public building, structure, or area.
[Added 8-18-2021 by Ord. No. 29-2021]
PUBLIC PURPOSE
The use of land by the Township, Township School Board or
some officially created Township agency, authority or commission of
the Township.
[Amended 3-16-2022 by Ord. No. 8-2022]
PUBLIC UTILITY
Any utility company operating under the regulations of the
Board of Public Utilities and delivering such service as may be provided
within Pemberton Township.
[Added 5-30-1979 by Ord. No. 8-1979]
RESIDENTIAL AGRICULTURE
The growing and harvesting of plant life and the keeping
of farm animals for the enjoyment of the residents on lots exceeding
one acre.
[Amended 5-30-1979 by Ord. No. 8-1979]
RESIDENTIAL STORAGE SHED
A structure of slight construction with a gross floor area that is not less than 60 square feet nor greater than 200 square feet and a height not exceeding 12 feet and one story, used solely for storage of items typically found and/or used on residential properties, except for the storage of motor vehicles and not for the housing of animals. Residential storage sheds shall be prohibited within the front yard, except as provided for corner lots in Article
V, and shall be permitted in side and rear yards as set forth herein this chapter.
[Added 12-20-2001 by Ord. No. 18-2001; amended 3-16-2022 by Ord. No. 8-2022]
SEA BOX
A temporary accessory use involving a metal transportable
container designed for the storage and transport of goods from one
location to another by road, rail and sea and modified for temporary
use on land, where the structural integrity remains intact. Sea boxes
shall not exceed 48 feet in length, 96 inches wide and 102 inches
high.
[Added 3-16-2022 by Ord. No. 8-2022]
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 storage
of inoperable or wrecked vehicles shall be permitted.
SETBACK LINE
A line drawn parallel to 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.
SIGN
Any building or structure or portion thereof on which any
announcement, declaration, demonstration, display, illustration or
insignia is used to advertise or promote the interest of any person
or product when the same is placed in view of the general public.
Signs do not include the flag or emblem of any nation, organization
of nations, state, city or any fraternal, religious or civic organizations;
merchandise, pictures or models of products or services incorporated
in a window display; works of art which in no way identify a product;
or scoreboards located on athletic fields.
[Amended 8-6-1982 by Ord. No. 16-1982]
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 Planning Board or Zoning Board, in certain cases.
[Amended 1-31-1977 by Ord. No. 1-1977]
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 a
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, lane, parkway, viaduct,
alley or other way which is an existing state, county or municipal
roadway, or a street or way shown upon a plat heretofore approved
pursuant to law or approved by official action pursuant to the Municipal
Land Use Law (Chapter 291, Laws of 1975) or any prior act authorizing
approval, or a street or way on a plat duly filed and recorded in
the office of the county recording officer prior to the appointment
of a Planning Board and the grant to such Board of the power to review
plats, and includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, sidewalks,
parking areas and other areas within the street lines.
[Amended 1-31-1977 by Ord. No. 1-1977]
STREET LINE
The edge of the existing or future street right-of-way, 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 location
on the ground, including, not limited to, buildings, arbors, carports,
fences, garages, gazebos, pergolas, tanks, towers, signs, advertising
devices, swimming pools and tennis courts.
[Amended 3-16-2022 by Ord. No. 8-2022]
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 subdivisions within
the meaning of this chapter if no new streets are created: divisions
of land found by the Planning Board or Subdivision Committee thereof
appointed by the Chairman to be for agricultural purposes where all
resulting parcels are five acres or larger in size; division of property
by testamentary or intestate provisions; divisions of property upon
court order, including but not limited to judgments of foreclosure;
consolidation of existing lots by deed or other recorded instrument;
and the conveyance of one or more adjoining lots, tracts or parcels
of land owned by the same person or persons and all of which are found
and certified by the administrative officer to conform to the requirements
of the municipal development regulations and are shown and designated
as separate lots, tracts or parcels on the Tax Map or atlas of the
municipality. The term "subdivision" shall also include the term "resubdivision."
[Added 5-2-1980 by Ord. No. 12-1980]
SUBDIVISION APPLICATION
The application for approval of a subdivision pursuant to
the Municipal Land Use Law (P.L. 1975, c. 291, N.J.S.A. 40:55D-1 et
seq.), or an application for approval of a planned unit development
pursuant to the Municipal Land Use Law (P.L. 1975, c. 291, N.J.S.A.
40:55D-1 et seq.).
[Added 5-2-1980 by Ord. No. 12-1980]
SWIMMING POOL, PORTABLE
Portable pools shall not be subject to the requirements of §
190-46 and are those pools which are not otherwise permanently installed; do not require water filtration, circulation and purification; do not exceed 18 inches in depth; do not exceed a water surface area of 100 square feet; and do not require braces or supports.
SWIMMING POOL, PRIVATE RESIDENTIAL
Means and 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 his household and guests and which is located
on a lot as an accessory use, and includes all buildings, structures,
equipment and appurtenances thereto.
TAXICAB OPERATIONS
Land, buildings, parking facilities and improvements that are authorized for use for the operation of a taxicab, pursuant to Chapter
164 of the Code of the Township of Pemberton.
[Added 1-4-2001 by Ord. No. 26-2000]
TOWER
Any ground- or roof-mounted pole, spire, structure or combination
thereof that is designed and constructed primarily for the purpose
of supporting one or more antennas for telephone, radio and similar
communications purposes, including supporting lines, cables, wires,
braces and masks. The term includes radio and television transmission
towers, common-carrier towers, cellular telephone towers, alternative
tower structures and the like.
[Added 8-17-2000 by Ord. No. 9-2000]
TOWER, MULTIUSER
A tower to which is attached the antennas of more than one
commercial wireless telecommunications service provider or governmental
entity.
[Added 8-17-2000 by Ord. No. 9-2000]
TOWNHOUSE
One dwelling unit in a line of four or more connected dwelling
units where each dwelling unit is compatibly designed in relation
to all other units but is distinct by such design features as width,
setback, roof design, color, exterior materials and other features,
singularly or in combination. Each dwelling unit may be a maximum
of 2 1/2 stories in height, but nothing in the definition shall
be construed to allow one dwelling unit over another.
TOWNSHIP
The Township of Pemberton, Burlington 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 use(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 major 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.
TRANSCRIPT
A typed or printed verbatim record of the proceedings or
reproduction thereof.
[Added 5-2-1980 by Ord. No. 12-1980]
TRAVEL TRAILER
A vehicular portable structure built on a chassis designed
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.
YARD, FRONT
An open space extending across the full width of the lot
and lying between the proposed street line as prescribed in the adopted
Master Plan of Pemberton Township and the closest point of any 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 the same 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 lines or curved rear lot lines. The minimum required
"rear yard" shall be the same 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 lot line or the tangent lines of curved side lot lines.