As used in this chapter, the following terms shall have the
meanings indicated:
ACCESSORY STRUCTURE
A structure detached from a principal building located on
the same lot and customarily incident and subordinate to the principal
building or use.
ACCESSORY USE
A use of land or of a building or portion thereof customarily
incident and subordinate to the principal use of the land or building
and located on the same lot containing the principal use.
ACRE
A measure of land area containing 43,560 square feet.
ADDITION
A.
A structure added to the original structure at some time after
the completion of the original;
B.
An extension or increase in floor area or height of a building
or structure.
ADJOINING LOT OR LAND
A lot or parcel of land that shares all or part of a common
lot line with another lot or parcel of land.
ADMINISTRATIVE OFFICER
The Clerk of the municipality unless a different municipal
official or officials are designated by ordinance or statute.
ADVERSE IMPACT
A condition or effect that creates, imposes, aggravates,
or leads to inadequate, impractical, unsafe, or unhealthy conditions
on a site proposed for development or on off-tract property or facilities
by objective and common analysis.
AESTHETIC
The perception of artistic elements or elements in the natural
or created environment that are pleasing to the eye by objective and
common analysis.
AGRICULTURE
The production, keeping, or maintenance, for sale, lease,
or personal use, of plants and animals useful to man, including but
not limited to forages and sod crops; grains and seed crops; dairy
animals and dairy products; poultry and poultry products; livestock,
including beef cattle, sheep, swine, horses, ponies, mules, or goats
or any mutations or hybrids thereof, including the breeding and grazing
of any or all of 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 lands devoted to a soil conservation or forestry management
program. In the event that this definition shall deviate from the
meaning of this term as defined under state law, the definition by
law shall control.
AGRICULTURAL USE
When considered in terms of land use, means land devoted
to the activities described in N.J.S.A. 54:4-23.3.
[Amended 12-13-1999 by Ord. No. 99-27]
AIR POLLUTION
The presence of contaminants in the air in concentrations
beyond the normal dispersive ability of the air and that interfere
directly or indirectly with health, safety, or comfort, or with the
full use and enjoyment of property.
AISLE
The traveled way by which cars enter and depart parking spaces.
ALLEY
A service road that provides a secondary means of access
to lots.
ALTERATION
Any exchange or rearrangement in the supporting members of
an existing building, such as bearing walls, columns, beams, girders,
or interior partitions, as well as any change in doors, windows, means
of ingress or egress, or any enlargement to or diminution of a building
or structure, whether horizontally or vertically, or the moving of
a building or structure from one location to another.
AMENITY
A natural or created feature that enhances the aesthetic
quality, visual appeal of, or makes more attractive or satisfying
a particular property, place, or area.
AMUSEMENT PARK
A facility, primarily outdoors, that may include structures
and buildings, where there are various devices for entertainment,
including rides, booths for the conduct of games or sale of items,
buildings for shows and entertainment, and restaurants and souvenir
sales.
ANTENNA
Any exterior transmitting or receiving device mounted on
a tower, building or structure, and used in communications that radiate
or capture electromagnetic waves, digital signals, analogue signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals. Excepted from this definition
are antennas used exclusively by ham radio operators or other residential
users.
[Added 5-8-2000 by Ord.
No. 00-17]
ANTIQUE SHOP
A business enterprise dealing in the buying and selling of
antiques.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to Section 25 or Section 27 of P.L.
1975, c. 291 (N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36).
APPROVING AUTHORITY
The Planning Board or Zoning Board of Adjustment of the Township
of Vernon.
[Amended 5-8-2000 by Ord.
No. 00-17]
APPURTENANCES
The visible, functional, or ornamental objects accessory
to and part of buildings.
AQUIFER
A geologic formation that contains a potentially usable supply
of potable water.
AQUIFER RECHARGE AREAS
The areas of Vernon Township that have been identified by
the New Jersey Department of Environmental Protection or other governmental
authority as being vital to the potable water supply of the community
and/or surrounding region. An aquifer recharge area for the purposes
of this definition is considered to be the exposed outcropping or
ground-level area above an aquifer that has been determined to contain
substantial volumes of water within unconsolidated subsurface sand
and gravel deposits.
ARCHAEOLOGICAL SITE
Land or water areas that show evidence of artifacts of human,
plant, or animal activity, usually dating from periods of which only
vestiges remain.
ARTERIAL STREET
A higher-order, interregional road in the street hierarchy;
which conveys traffic between centers and should be excluded from
residential areas.
ARTS CENTER
A structure or complex of structures for housing the visual
and/or performing arts.
AUTOMOBILE SERVICE STATION
Any building, land area, or other premises, or portion thereof,
used for the retail dispensing or sales of vehicle fuels, servicing
and repair of automobiles, and including as an accessory use the sale
and installation of lubricants, tires, batteries, and similar vehicle
accessories.
AVERAGE SETBACK
The mean setback from a street right-of-way of buildings
on both sides of a lot.
BANK
A place or office where money is kept, deposited, saved,
paid out, lent, borrowed, issued or exchanged.
BASEMENT
That portion of a building which is partly below and partly
above grade, and having a least one-half its height above grade.
BED-AND-BREAKFAST
An establishment in a private dwelling that supplies temporary
accommodations, including breakfast, to overnight guests for compensation.
BOARD OF ADJUSTMENT
The board established pursuant to Section 56 of P.L. 1975,
c. 291 (N.J.S.A. 40:55D-69).
BOARDING STABLE
A structure designed for the feeding, housing, and exercising
of horses not owned by the owner of the premises and for which the
owner of the premises receives compensation.
BOTANICAL GARDENS
A place in which plant collections are grown for display
and scientific study, and which may include a herbarium, laboratory,
museum and teaching or training facilities.
BUILDABLE AREA
The area of a lot remaining after the minimum yard and open
space requirements of this chapter have been met.
BUILDING
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy and having a roof.
BUILDING, ACCESSORY
A subordinate building on the same lot as the principal or
main building or use.
BUILDING, PRINCIPAL
A building in which is conducted the principal use of the
lot on which it is located.
BUILDING COVERAGE
The ratio of the horizontal area measured from the exterior
surface of the exterior walls of the ground floor of all principal
and accessory buildings on a lot to the total area of the lot.
BUILDING HEIGHT
The vertical distance from the average elevation of the finished grade at the front of the building to the top of the highest roof beams on a flat, curved or shed roof, the deck level of a mansard roof, and the average distance between the eaves and the ridge level for gable, hip, and gambrel roofs. (See §
330-175, Height exceptions.)
BUILDING LINE
A line drawn as closely parallel as possible to the street
line and touching that part of a building closest to the street.
BUILT ENVIRONMENT
Artificially created fixed elements, such as buildings, structures,
devices and surfaces, that together create the physical character
of an area.
BUS SHELTER
A small, roofed structure, usually having three walls, located
near or adjacent to a street and designed primarily for the protection
and convenience of bus passengers. (See "school bus shelter.")
BUSINESS SERVICES
Establishments primarily engaged in rendering services to
business establishments on a fee or contract basis, such as advertising
and mailing, building maintenance, employment services, management
and consulting services, protective services, equipment rental and
leasing, commercial research development and testing, photo finishing,
and personal supply services. (See "retail services.")
CABLE TELEVISION COMPANY
A cable television company as defined pursuant to Section
3 of P.L. 1972, c. 186 (N.J.S.A. 48:5A-3).
CALIPER
The diameter of a tree trunk measured in inches, four feet
above ground level.
CAMPER
Any person who occupies a campsite. (N.J.A.C. 8:22-1.2.)
CAMPGROUND, PROPRIETARY
Any real property designed and used for the purpose of camping
and associated recreational uses under a condominium or cooperative
form of ownership.
CAMPGROUND, PUBLIC
A plot of ground upon which two or more campsites are located,
established, or maintained for occupancy by camping units of the general
public as temporary living quarters for children or adults, or both,
for a total of 15 days or more in any calendar year, for recreation,
education, or vacation purposes. (N.J.A.C. 8:22-1.2.)
CAMPING UNIT
Any tent or recreational vehicle which is capable of being
temporarily located on a campsite; or a cabin, lean-to, or similar
structure established or maintained and operated in a public campground.
The term "camping unit" does not include a unit kept on land occupied
by the owner or any camping unit which is unoccupied and which is
kept at a public campground for storage purposes only. (N.J.A.C. 8:22-1.2.)
CAMPSITE
Any plot of ground within a public campground which is intended
for the exclusive occupation by a camping unit or units. (N.J.A.C.
8:22-1.2.)
CANNABIS
All parts of the plant Cannabis sativa L., whether growing
or no, 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. 2016, c. 16, for use in cannabis
products as set forth in the Act, 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 al.) and P. L. 2015,
c. 158 (N.J.S.A. 18A:40-12.22 et al.); marijuana 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 marijuana, as defined in Section 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. al.); 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.al.).
[Added 7-26-2021 by Ord.
No. 21-16; amended 11-27-2023 by Ord. No. 23-22]
CANNABIS CULTIVATOR
Any licensed business or entity that grows, cultivates, or
produces cannabis in this state, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers. This person or entity shall hold a Class 1 cannabis
cultivator license.
[Added 7-26-2021 by Ord.
No. 21-16; amended 11-27-2023 by Ord. No. 23-22]
CANNABIS DELIVERY
Any licensed business or entity involved in providing courier
services for consumer purchases that are fulfilled by a licensed cannabis
retailer in order to make deliveries of the purchased items to a consumer,
and which service would include the ability of a consumer to make
a purchase directly through the cannabis delivery service which would
be presented by the delivery service for fulfillment by a retailer
and then delivered to a consumer. This person or entity shall hold
a Class 6 cannabis delivery license.
[Added 7-26-2021 by Ord.
No. 21-16; amended 11-27-2023 by Ord. No. 23-22]
CANNABIS DISTRIBUTOR
Any licensed business or entity involved in transporting
cannabis plants in bulk from on licensed cultivator to another licensed
cultivator, or cannabis items in bulk from any type of licensed cannabis
business to another. This person or entity shall hold a Class 4 cannabis
distributor license.
[Added 7-26-2021 by Ord.
No. 21-16; amended 11-27-2023 by Ord. No. 23-22]
CANNABIS ESTABLISHMENT
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, a cannabis retailer, or a cannabis distributor.
[Added 7-26-2021 by Ord.
No. 21-16; amended 11-27-2023 by Ord. No. 23-22]
CANNABIS MANUFACTURER
Any licensed business or entity that processes cannabis items
in this State by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
This person or entity shall hold a Class 2 cannabis manufacturer license.
[Added 7-26-2021 by Ord.
No. 21-16; amended 11-27-2023 by Ord. No. 23-22]
CANNABIS RETAILER
Any licensed business or entity that is involved in the sale
of cannabis items and related supplies are sold to consumers. This
person or entity shall hold a Class 5 cannabis retailer license. See
also "cannabis medical dispensary."
[Added 7-26-2021 by Ord.
No. 21-16; amended 11-27-2023 by Ord. No. 23-22]
CANNABIS WHOLESALER
Any licensed business or entity that is involved in obtaining
and selling cannabis items for later resale by other licensees. This
person or entity shall hold a Class 3 cannabis wholesaler license.
[Added 7-26-2021 by Ord.
No. 21-16; amended 11-27-2023 by Ord. No. 23-22]
CARTWAY
The actual road surface area from curbline to curbline which
may include travel lanes, parking lanes, and deceleration and acceleration
lanes. Where there are no curbs, the cartway is that portion between
the edges of the paved, or hard surface, width.
CELLAR
A portion of the building partly underground, having one-half
or more than one-half of its height below the average grade of the
building.
CHANGE OF USE
Any use that substantially differs from the previous use
of a building or land.
CHILD-CARE CENTER
An establishment providing for the care, supervision, and
protection of children.
CHURCH
A building or structure, or group of buildings or structures,
that by design and construction is primarily intended for conducting
organized religious services and associated accessory uses. See "place
of worship."
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.
CLEAR-CUTTING
The large-scale, indiscriminate removal of trees, shrubs,
and undergrowth with the intention of preparing real property for
nonagricultural development purposes.
CLUB
A group of people organized for a common purpose to pursue
common goals, interests, or activities, and usually characterized
by certain membership qualifications, payment of fees and dues, regular
meetings, and a constitution and bylaws.
CLUBHOUSE
A building occupied by a club for its purposes and activities.
CLUSTER
A development design technique that concentrates buildings
on a part of the site to allow the remaining land to be used for recreation,
common open space, and preservation of environmentally sensitive features.
CLUSTER SUBDIVISION
A form of development that permits a reduction in lot area
and bulk requirements, provided there is no increase in the number
of lots permitted under a conventional subdivision or increase in
the overall density of development, and the remaining land area is
devoted to open space, active recreation, preservation of environmentally
sensitive areas, or agriculture.
COLLOCATION
The use of a common wireless telecommunications tower or
a common structure, by two or more telecommunications license holders
or unlicensed holders nevertheless regulated by the Federal Communications
Commission or by one telecommunications license holder for more than
one type of communications technology and/or the placement of a wireless
telecommunications tower on a structure owned or operated by a utility
or other public entity.
[Added 5-8-2000 by Ord.
No. 00-17]
COMMERCIAL FARM
[Amended 12-13-1999 by Ord. No. 99-27]
A.
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, P.L. 1964,
c. 48 (N.J.S.A. 54:4-23.1 et seq.); or
B.
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, P.L. 1964, c. 48
(N.J.S.A. 54:4-23.1 et seq.).
COMMERCIAL RECREATION
Facilities of an active recreational nature such as riding
academy, golf course, tennis club or ski area operated for profit
and open to the public.
COMMERCIAL USE
An activity involving the sale of goods or services carried
out for profit.
COMMON OPEN SPACE
An open space area within or related to a site designated
as a development, and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
COMMON SEWERS
Sewerage systems wherein all uses on the property dispose
of sewage into a common facility.
COMMON WATER
A water system wherein all water users on the property obtain
their drinking water from a central well, or wells, or public water
supply system.
COMMUNITY ASSOCIATION
A homeowners' association organized to own, maintain, and
operate common facilities and to enhance and protect their common
interests.
COMMUNITY RESIDENCES FOR THE DEVELOPMENTALLY DISABLED (CRDD)
A residential facility, licensed by the state, providing
food, shelter, and personal guidance, with supervision, to developmentally
disabled or mentally ill persons who require assistance, temporarily
or permanently, in order to live in the community and shall include
group homes, halfway houses, intermediate care facilities, supervised
apartment living arrangements, and hostels.
COMPLETE APPLICATION
An application form completed as specified by ordinance and
the rules and regulations of the governmental agency and all accompanying
documents required by ordinance for approval of the application.
CONCEPT PLAN
An informal review of a plan for development that carries
no vesting rights or obligations on any party.
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.
CONFERENCE CENTER
A facility used for conferences and seminars, with accommodations
for sleeping, food preparation and eating, recreation, entertainment,
resource facilities, and meeting rooms.
CONFERENCE ROOM
An accessory use in an enclosed space designed, furnished
and equipped to accommodate conferences or meetings.
CONSERVATION AREA
An environmentally sensitive area with characteristics such
as steep slopes, wetlands, floodplains, high water tables, forest
areas, endangered species habitat, dunes, or areas of significant
biological productivity or uniqueness that have been designated for
protection from any activity that would significantly alter their
ecological integrity, balance, or character.
CONSOLIDATION
The removal of lot lines between contiguous parcels.
CONVENIENCE STORE
Any retail establishment offering the sale of prepackaged
food products, household items, newspapers and magazines, sandwiches
and other freshly prepared foods, such as salads, for off-site consumption.
CONVERSION
A change in the use of land or a structure.
COUNTRY CLUB
Land area and buildings containing such features as golf
courses, tennis courts, playfields, beaches, recreational facilities,
a clubhouse, and other customary accessory uses, open only to members
and their guests.
COUNTY MASTER PLAN
A composite of the Master Plan for the physical development
of the county in which the municipality is located, with the accompanying
maps, plats, charts and descriptive and explanatory matter adopted
by the County Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4.
COUNTY PLANNING BOARD
The County Planning Board, as defined in Section 1 of P.L.
1968, c. 285 (N.J.S.A. 40:27-6.1), of the county in which the land
or development is located.
CRITICAL AREA
An area with one or more of the following environmental characteristics:
steep slopes; floodplain; soils classified as having high water tables;
soils classified as highly erodible, subject to erosion, or highly
acidic; land incapable of meeting percolation requirements; land formerly
used for landfill operations or hazardous industrial use; fault areas;
stream corridors; estuaries; mature stands of native vegetation; aquifer
recharge and discharge areas; wetlands and wetland transition areas;
and habitats of endangered species. (Synonymous with "environmental
sensitive area.")
CUL-DE-SAC
A street with a single means of ingress and egress and having
a turnaround, the design of which may vary.
CULVERT
A closed or open conduit designed for the purpose of conveying
an open channel watercourse under a road, highway, pedestrian walk,
railroad embankment, or other type of overhead structure.
CURB
A stone, concrete, or other improved boundary marking the
end of the roadway or paved area.
DAYS
Calendar days unless otherwise specified.
DEDICATION
An appropriation of land to some public use made by the owner
and accepted for such use by or on behalf of the public.
DENSITY
The permitted number of dwelling units per gross area of
land to be developed.
DESIGN ENGINEER
A person professionally qualified and duly licensed to perform
engineering services that may include but not necessarily be limited
to development of project requirements, creation and development of
project design, and preparation of drawings and specifications.
DESIGN FLOOD
The magnitude of a flooding event that a facility is designed
to accommodate. This event can also be used as the basis of a water
surface elevation, or the delineation of a floodway and flood hazard
area.
DESIGN PROFESSIONAL
A person professionally qualified and duly licensed to perform
engineering or other professional design services that may include
but not necessarily be limited to development of project requirements,
creation and development of project design, and preparation of drawings
and specifications.
DETENTION BASIN (POND)
A stormwater management basin or alternative structure designed
to temporarily detain stormwater runoff.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any building or other structure, or
of any mining, excavation or landfill, and any use or change in the
use of any building or other structure, or land or extension of use
of land, for which permission may be required pursuant to this chapter
and prevailing law.
DEVELOPMENT REGULATION
A zoning ordinance, subdivision ordinance, site plan ordinance,
official map ordinance or other municipal regulation of the use and
development of land, or amendment thereto adopted and filed pursuant
to this chapter and prevailing law.
DIVIDED STREET
A street having an island or other barrier separating opposing
moving lanes.
DOCK
Any platform, including a floating raft, designed and used
to support boating or swimming activities, or for viewing the scenic
vistas associated with a lake or other water body.
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage, and the means
necessary for water supply preservation or prevention or alleviation
of flooding.
DRAINAGE SYSTEM
Natural and man-made components that contain, convey, absorb,
store, treat, or dispose of surface water runoff or groundwater.
DRIVEWAY
A paved or unpaved area used for ingress and egress of vehicles
and allowing access from a street to a building or other structure
or facility.
[Amended 12-13-1999 by Ord. No. 99-27]
DWELLING
A building or portion thereof that is used exclusively for
human habitation.
DWELLING, SINGLE-FAMILY DETACHED
A building containing one dwelling unit that is not attached
to any other dwelling by any means and is surrounded by open space
or yards.
DWELLING, TWO-FAMILY
A building to be used as a residence designed for two (2)
families having the exterior appearance of a single family dwelling
house. Each unit in the duplex can be designed in a stacked or side
by side configuration. Each dwelling unit has direct access to the
outside.
[Added 5-22-2006 by Ord.
No. 06-12]
DWELLING UNIT
One or more rooms, designed, occupied, or intended for occupancy
as a separate living quarter, with cooking, sleeping and sanitary
facilities provided within the dwelling unit for the exclusive use
of a single family maintaining a household.
EASEMENT
A right to use the land of another for a specific purpose.
EASEMENT, CONSERVATION
The grant of a property right stipulating that the described
land will remain in its natural state and precluding future or additional
development.
EASEMENT, DRAINAGE
Land required for the installation of stormwater sewers or
drainage ditches and/or required for the preservation or maintenance
of a natural stream or watercourse or other drainage facility.
ELEVATION
A.
A vertical distance above or below a fixed reference level;
B.
A fully dimensioned drawing of the front, rear, or side of a
building showing features such as windows, doors, and relationship
of grade to floor level.
ENDANGERED SPECIES
Wildlife species whose prospects for survival are in immediate
danger because of a loss or change in habitat, over exploitation,
predation, competition, disease, disturbance, or contamination and
designated as such by a governmental agency.
ENLARGEMENT
An increase in the size of an existing structure or use,
including physical size of the property, building, parking and other
improvements.
ENVIRONMENTALLY SENSITIVE AREAS
An area with one or more of the following environmental characteristics:
(Synonymous with "critical areas.")
C.
Soils classified as having high water tables;
D.
Soils classified as highly erodible, subject to erosion, or
highly acidic;
E.
Land incapable of meeting percolation requirements;
F.
Land formerly used for landfill operations or hazardous industrial
use;
J.
Mature stands of native vegetation;
K.
Aquifer recharge and discharge areas;
L.
Wetlands and wetland transition areas;
M.
Habitats of endangered species.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
ESTABLISHMENT
An economic unit, generally at a single physical location,
where business is conducted or services or industrial operations are
performed.
EXCAVATION
Removal or recovery by any means whatsoever of soil, rock,
mineral, mineral substances, or organic substances, other than vegetation,
from water or land, on or beneath the surface thereof, or beneath
the land surface, whether exposed or submerged.
EXCEPTION
Permission to depart from the design standards in this chapter.
EXTENSION
An increase in the amount of existing floor area beyond the
exterior wall.
FAMILY
A group of individuals, whether related or unrelated by blood,
marriage, adoption or guardianship, living together in a dwelling
unit as a single housekeeping unit under a common housekeeping management
plan based on an intentionally structured relationship providing organization
and stability, including but not limited to arrangements involving
foster children placed with a family by the Division of Youth and
Family Services or a duly incorporated child care agency, and contemplated
in N.J.S.A. 40:55D-66.1.
FARM (or FARMLAND)
A parcel of land used for agriculture and agricultural activities.
(See "agriculture" and "agricultural use.")
FARMSTAND
A structure for the display and sale of farm products.
FENCE
An artificially constructed barrier of any material or combination
of materials erected to enclose, screen or separate land areas.
FILL
Sand, gravel, earth, or other materials of any composition
whatsoever placed or deposited in or upon the land.
FINAL APPROVAL
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for their completion, or approval conditioned upon the posting
of such guaranties.
FINAL PLAT
The final map of all, or a portion, of a subdivision which
is presented for final approval.
FINANCIAL OFFICE
An office where monetary advice, resources, products and
affairs, including but not limited to securities brokerage, are managed
or accomplished.
FLOOD
The temporary overflowing of water onto land that is usually
devoid of surface water.
FLOOD FRINGE AREA
That portion of the flood hazard area outside of the floodway
based on total area inundated during the regulatory base flood plus
25% of the regulatory base flood discharge.
FLOOD HAZARD AREA
The floodplain consisting of the floodway and the flood fringe
area.
FLOODPLAIN
The channel and the relatively flat area adjoining the channel
of a natural stream or river that has been or may be covered by floodwater.
FLOODWAY
The channel of a natural stream or river and portions of
the floodplain adjoining the channel, which are reasonably required
to carry and discharge the floodwater or flood flow of any natural
stream or river.
FLOOR AREA, GROSS
The sum of the gross horizontal areas of the several floors
of the building from the exterior face of exterior walls, or from
the center line of a wall separating two buildings, but excluding
any space where the floor-to-ceiling height is less than six feet.
FLOOR AREA, NET
The total of all floor areas of the building, excluding stairwells
and elevator shafts, equipment rooms, interior vehicular parking or
loading, and all floors below the first or ground floor, except when
used or intended to be used for human habitation or service to the
public. Where net floor area cannot be precisely identified, it shall
be presumed to mean gross floor area minus 15%.
FLOOR AREA RATIO
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
FOREST
Areas of stands of trees, the majority of which are greater
than 12 inches' caliper, covering an area greater than 1/4 acre; or
groves of mature trees without regard to minimum area and caliper
consisting of substantial numbers of individual specimens, or creating
the visual impression of a forest as defined irrespective of the numbers
and kinds of individual specimens.
FORESTRY
Establishments primarily engaged in the operation of timber
tracts, tree farms, forests nurseries, the gathering of forest products
or performing forest services.
FOWL
Domesticated chickens (hens only, no roosters) or ducks kept
primarily for egg-laying purposes.
[Added 9-10-2018 by Ord.
No. 18-25]
FRATERNAL ORGANIZATION
A group of people formally organized for a common cultural,
religious or entertainment interest, involving regular meetings, rituals
or ceremonies, and formal written membership requirements.
FRONTAGE
That side of a lot abutting a street at and along the front
lot line.
FUNERAL HOME
A place where the dead are prepared for burial or cremation
and where visitation to pay final respects and joining in prayer or
other suitable services and ceremonies is invited.
GALLERY
A building or room for the exhibition and sale or brokerage
of art.
GARAGE
A deck, building, or parking structure, or part thereof,
used or intended to be used for the parking and storage of vehicles.
GARAGE, PRIVATE
A building that is accessory to the principal building and
in which no occupation, business or service for profit is carried
on, but used primarily for vehicle storage.
GARAGE, PUBLIC
A structure or portion thereof other than a private-customer
and/or employee garage or private residential garage, used primarily
for the parking and storage of vehicles and available to the general
public.
GARAGE, REPAIR
Any building, premises and land upon which a business, service
or industry involving the maintenance, service and repair of vehicles
is conducted or rendered, but excluding auto body and painting establishments.
GENERAL DEVELOPMENT PLAN
A comprehensive plan for the development of a planned development,
as provided in Section 4 of P.L. 1987, c. 129 (N.J.S.A. 40:55D-45.2).
GOLF COURSE, MINIATURE
A recreational facility patterned after the game of golf,
but involving only the putting stroke.
GOLF COURSE, EXECUTIVE
A tract of land devoted to the playing of the game of golf
and improved with tees, fairways, greens and hazards and which may
include clubhouses, maintenance buildings, pro shops, shelters and
other similar support facilities normally associated with a golf course,
and which shall be at least 3,000 yards in length for 18 holes and
designed according to the standards of the National Golf Foundation
or other prevailing organization exercising authority or design regulation
in the game of golf.
GOLF COURSE, PAR 3
A tract of land devoted to the playing of the game of golf
and improved with tees, fairways, greens and hazards and which may
include clubhouses, maintenance buildings, pro shops, shelters and
other similar support facilities normally associated with a golf course,
and which shall be at least 2,000 yards in length for 18 holes and
designed according to the standards of the National Golf Foundation
or other prevailing organization exercising authority or design regulation
in the game of golf.
GOLF COURSE, REGULATION
A tract of land for playing golf and improved with tees,
fairways, greens and hazards and which may include clubhouses, maintenance
buildings, pro shops, shelters and other similar support facilities
normally associated with a golf course and which shall have, in the
case of a nine-hole course, at least 3,000 yards in length and, in
the case of an eighteen-hole course, at least 6,000 yards in length.
GOVERNMENTAL AGENCY
Any department, commission, independent agency, or instrumentality
of the United States, of a state, county, incorporated or unincorporated
municipality, township, authority, district, or other governmental
unit.
GRADE
The inclination of a sloping surface, usually expressed in
percentage terms.
GRADED AREA
As it pertains to streets, land adjacent and parallel to
the cartway within the right-of-way which must be flattened or leveled
to the same width and cross-slope as the sidewalk if a sidewalk had
been required at that location.
GRANITE BLOCK CURB
A curb constructed of rectangular-shaped stone or granite
blocks, placed vertically in a concrete foundation, and also known
as Belgian block curb.
GREENWAY
A.
A linear open space established along either a natural corridor,
such as a stream valley or ridgeline, or over land along a scenic
road or other route;
B.
Any natural or landscaped course for pedestrian or bicycle passage;
C.
An open space connector linking park areas, natural reserves,
cultural features, or historic sites with each other and with populated
areas.
GROUND COVER
Grasses or other plants and landscaping grown or placed to
keep soil from being blown or washed away.
GROUNDWATER
The supply of freshwater under the surface in an aquifer
or geologic formation that forms the natural reservoir for potable
water.
GUARANTIES
Cash, letters of credit, bonds or similar financial instruments
deposited with the Township to assure that required improvements will
be constructed, installed or maintained.
GUIDE RAIL
A safety barrier designed to protect motor vehicles from
hazardous areas.
GUTTER
The shallow channel set along the curb or the paved edge
of a road for purposes of catching and carrying off runoff water.
HABITABLE ROOM
Any room in a dwelling unit other than a kitchen, bathroom,
closet, pantry, hallway, cellar, storage space, garage and basement
recreation room.
HABITAT
The sum total of all the environmental factors of a specific
place that is occupied by an organism, population, or a community.
HAZARDOUS USE
A building or structure or any portion thereof that is used
for the storage, manufacture, or processing of highly combustible
or explosive products or materials, which are likely to burn with
extreme rapidity or which may produce poisonous fumes or explosions;
for storage or manufacturing that involves highly corrosive, toxic
or noxious alkalies, acids, or other liquids or chemicals producing
flame, fume, poisonous, irritant, or corrosive gases; and for the
storage or processing of any materials producing explosive mixtures
of dust or that result in the division of matter into fine particles
subject to spontaneous ignition.
HEALTH CARE FACILITY
A facility or institution, whether public or private, principally
engaged in providing services for health maintenance and the treatment
of mental or physical conditions.
HEALTH CLUB
An establishment that provides facilities for aerobic exercises,
running and jogging, exercise equipment, game courts, swimming facilities,
saunas, showers, massage rooms and lockers.
HEALTH SERVICES
Health care facilities as well as establishments providing
support to the medical profession and patients, such as medical and
dental laboratories, blood banks, and miscellaneous types of medical
supplies and services.
HEIGHT (when referring to a tower or lawful structure)
The distance measured from the lowest finished grade of the
parcel to the highest point on the tower or other structure, including
the base pad and any antennas. The height of the tower shall not include
a lightning rod.
[Amended 5-8-2000 by Ord.
No. 00-17]
HISTORIC DISTRICT
One or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites.
HISTORIC SITE
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing of historical,
archaeological, cultural, scenic or architectural significance.
HOME OCCUPATION
Any activity carried out for gain by a resident and conducted
as a reasonable, customary, incidental and accessory use in the residents'
dwelling unit.
HOME PROFESSIONAL OFFICE
Partial office use of a single-family detached dwelling by
a practitioner of a recognized profession, including but not limited
to attorneys, engineers, architects, medical practitioners, planning
consultants, insurance agents, accountants and similar professionals
offering a service for a fee.
HOMEOWNERS' ASSOCIATION
A community association other than a condominium association,
that is organized in a development in which individual owners share
interests and responsibilities for costs and upkeep for common open
space or facilities.
HOTEL
A facility offering transient lodging accommodations to the
general public and providing additional services, such as restaurants,
meeting rooms, entertainment, and recreational facilities.
HOUSEHOLD
A family living together in a single dwelling unit, with
common access to and common use of all living and eating areas and
all areas and facilities for the preparation and serving of food within
the dwelling unit.
IMPERVIOUS SURFACE
A surface that has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by water.
IMPOUNDMENT
A body of water, such as a pond, confined by a dam, dike,
flood gate, or other barrier.
IMPROVED PUBLIC STREET
For subdivision or site plan purposes, any street which complies
in width and construction with municipal standards.
IMPROVEMENT
Any permanent structure that becomes part of, placed upon
or is affixed to land.
INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEM
A system for disposal of sanitary sewage into the ground
which is designed and constructed to treat sanitary sewage in a manner
that will retain most of the settleable solids in a septic tank, and
to discharge the liquid effluent to a disposal field. The term "system"
is equivalent in meaning.
INHERENTLY BENEFICIAL USE
A use which clearly and unequivocally serves the public good
according to New Jersey law and which is recognized as such by the
upper courts of New Jersey.
INN
A commercial facility for the housing and feeding of transient
guests in a building which was formerly a residence or which is akin
to a residence in scale and function.
INSTITUTIONAL USE
A nonprofit, religious, or public use, such as a library,
public or private school, hospital, or government-owned or -operated
building, structure, or land use for public purpose.
INTERESTED PARTY
A.
In a criminal or quasi-criminal proceeding, any citizen of the
State of New Jersey; and
B.
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
act, or whose rights to use, acquire, or enjoy property under this
act, 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 this act.
ISOLATED LOT
An undeveloped substandard lot in separate ownership from
surrounding properties.
JUNKYARD
Any area, lot, land, parcel, building or structure or part
thereof used for the storage, collection, processing, purchase, sale,
salvage, or disposal of junk, including but not limited to wastepaper,
rags, scrap metal or other scrap or discarded or abandoned goods,
materials, machinery or one or more unregistered/inoperable/substantially
disabled vehicle, or any other solid or bulk waste.
KENNEL
A commercial establishment in which dogs or domesticated
animals are housed, groomed, bred, boarded, trained, or sold for a
fee or compensation.
KIOSK
A freestanding structure upon which directories, notices,
announcements, posters and/or temporary information are posted.
LAKE
An inland water body fed by springs or surrounding runoff
and impounded naturally or by a dam, dike, flood gate or other barrier.
LAND
Real property, including improvements and fixtures on, above
or below the surface.
LANDMARK
Any site, building, structure, or natural feature that has
visual, historic, or cultural significance.
LANDSCAPE
A.
An expanse of natural scenery; or
B.
Lawns, trees, plants, and other natural materials, such as rock
and wood chips, and decorative features, including sculpture, patterned
walks, fountains and pools.
LANDSCAPE PLAN
A component of a development plan on which is shown proposed
landscape species (such as number, spacing, size at time of planting,
and planting details); proposals for protection of existing vegetation
during and after construction; proposed treatment of hard and soft
surfaces; proposed decorative features; grade changes; buffers and
screening devices; and any other information that can reasonably be
required in order that an informed decision can be made by the approving
authority.
LARGE BOAT
Any boat measuring at least 8 1/2 feet in width and
at least 20 feet in length.
[Amended 12-13-1999 by Ord. No. 99-27]
LEVEL OF SERVICE
The description of traffic conditions along a given roadway
or at a particular intersection.
LICENSE (CANNABIS)
[Added 7-26-2021 by Ord. No. 21-16; amended 11-27-2023 by Ord. No.
23-22]
A.
A license issued under relevant state law, including a license
that is designated as either:
(1)
Class 1 cannabis cultivator license.
(2)
Class 2 cannabis manufacturer license.
(3)
Class 3 cannabis wholesaler license.
(4)
Class 4 cannabis distributor license.
(5)
Class 5 cannabis retailer license.
(6)
Class 6 cannabis delivery license.
B.
The term includes a conditional license for a designated class,
except when the context of the provisions of relevant state law otherwise
intend to only apply for a license and not a conditional license.
LIGHT INDUSTRY
Industrial economic activity involving the production of
small or light goods utilizing small amounts of raw materials and
machines and/or equipment which cause no steady or significant noise
levels beyond the property lines, produce no air pollution, glare
or degradation of water quality or routine heavy truck traffic, and
involve no inherently hazardous use or activity. For purposes of this
chapter, "light industry" shall also mean laboratories and research
facilities.
LIGHTING PLAN
An iso-footcandle diagram or diagrams showing existing and/or
proposed levels of illumination produced in accordance with standards
contained in the IES Lighting Handbook, as amended, or similar prevailing
standard.
LIMESTONE
A carbonate sedimentary rock consisting chiefly of calcium
carbonate, or any rock consisting of at least 80% calcium or magnesium
carbonate.
LOCAL UTILITY
Any sewerage authority created pursuant to the Sewerage Authorities
Law, P.L. 1946, c. 138 (N.J.S.A. 40:14A-1 et seq.); any utilities
authority created pursuant to the Municipal and County Utilities Authorities
Law, P.L. 1957, c. 183 (N.J.S.A. 40:14B-1 et seq.); or any utility,
authority, commission, special district or other corporate entity
not regulated by the Board of Regulatory Commissioners under Title
48 of the Revised Statutes that provides gas, electricity, heat, power,
water or sewer service to the Township or the residents thereof.
LODGE
A building or group of buildings under single management
containing both rooms and dwelling units available for temporary rental
to transient guests.
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit
LOT AREA
The total area contained within the lot lines.
LOT, CORNER
A lot or parcel of land abutting upon two or more streets
at their intersection or upon two parts of the same street forming
an interior angle of less than 135°.
LOT COVERAGE
Impervious coverage as defined in this chapter.
LOT LINE
A line of record bounding a lot that separates one lot from
another lot or from a right-of-way.
LOT, SUBSTANDARD
A parcel of land that has less than the minimum area or minimum
dimensions required in the zone in which the lot is located.
LOT AVERAGING
A form of development of contiguous tracts of land which
are in the same ownership and which permit a reduction in individual
lot areas and bulk requirements, provided that the remaining land
area is devoted to open space, agriculture or preservation of environmentally
sensitive areas.
[Amended 12-13-1999 by Ord. No. 99-27]
LOT DEPTH
The average distance measured from the front lot line to
the rear lot line. Where the front and rear lot lines are not parallel,
"lot depth" means the distance measured by drawing several evenly
separated lines from the front to rear lot lines, at right angles
to the front lot line to the extent possible, and averaging the length
of such lines.
LOT FRONTAGE
The length of the front lot line measured between the side
lot lines.
LOT, THROUGH
A lot that fronts upon two parallel streets or that fronts
upon two streets that do not intersect at the boundaries of the lot.
[Added 1-28-2002 by Ord.
No. 02-04]
LOT WIDTH
The horizontal distance between side lot lines measured at
setback points on each side lot line an equal distance back from the
front lot line and/or right-of-way line.
MAINTENANCE GUARANTY
Any security which may be accepted by a municipality for
the maintenance of any improvements required by this act, including
but not limited to surety bonds, letters of credit under the circumstances
specified in Section 16 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.5),
and cash.
MAJOR DEVELOPMENT
Any development that provides for ultimately disturbing one
or more acres of land. Disturbance includes the placement of impervious
surface or exposure and/or movement of soil or bedrock or clearing,
cutting, or removing of vegetation.
[Added 6-24-2013 by Ord.
No. 13-11]
MANUFACTURE (CANNABIS)
The drying, processing, compounding, or conversion of usable
cannabis into cannabis products or cannabis resins. "Manufacture"
does not include packaging or labeling.
[Added 7-26-2021 by Ord. No. 21-16; amended 11-27-2023 by Ord. No.
23-22]
MASTER PLAN
A composite of one or more written or graphic proposals for
the development of the municipality as set forth in and adopted pursuant
to Section 19 of P.L. 1975 c. 291 (N.J.S.A. 40:55D-28).
MAYOR
The Mayor of the Township of Vernon.
[Amended 9-26-2011 by Ord. No. 11-21; Ord. No. 2015-08]
MINIMUM IMPROVABLE AREA
The minimum two-dimensional space within which a structure
and associated improvements are permitted to be built on a lot and
that is defined by minimum yard setbacks and an absence of environmental
constraints, including wetlands, floodplains and steep slopes.
[Amended 12-13-1999 by Ord. No. 99-27]
MINOR SITE PLAN
The development plan of a single lot which proposes new development within the scope of development specifically permitted under §
330-50 of this chapter and contains the information reasonably required in order to make an informed determination as to whether the requirements established by this chapter for approval of a minor site plan have been met.
[Amended 1-28-2002 by Ord. No. 02-04]
MINOR SUBDIVISION
A subdivision or resubdivision of land for the creation of
not more than three lots including the remainder, provided that such
subdivision does not involve a planned development; any new street;
extension of any off-tract improvements, the cost of which is to be
prorated pursuant to this chapter; a parcel of land that was the subject
of a minor subdivision approval within five years prior to the submission
of the current application.
[Amended 12-13-1999 by Ord. No. 99-27]
MOTEL
An establishment providing sleeping accommodations with a
majority of all rooms having direct access to the outside without
the necessity of passing through the main lobby of the building.
MOUNTAIN RESORT
A planned commercial development in which a ski area, golf
course, recreational facilities, retail sales and/or services, art
centers, open air activities, restaurants, galleries, office uses,
commercial recreation, hotels or lodges, and other recreational and/or
commercial uses, in any approved combination thereof, would establish
a resort or resort-oriented community, or both, operated as a single
entity under a common theme. The mountain resort shall contain components
consisting of a mountain retreat, residential village, and resort
village.
[Added 11-15-2001 by Ord.
No. 01-26]
MOUNTAIN RETREAT
A component of a mountain resort, including hotels or lodges;
accessory commercial uses located in such hotels or lodges, townhouses,
duplexes, and/or other vacation-type units; recreational uses; and/or
conservation uses.
[Added 11-15-2001 by Ord.
No. 01-26]
MUNICIPAL AGENCY
The Planning Board or Zoning Board of Adjustment, or the
governing body when acting pursuant to this chapter and any agency
which is created by or responsible to the Township when such agency
is acting pursuant to this chapter or prevailing law.
MUNICIPAL RESIDENT
A person who is domiciled in the municipality.
[Added 12-13-1999 by Ord.
No. 99-27]
NATURE PRESERVE
An area in which human activity is limited to hiking and
walking trails with activities of similar impact and which is restricted
by conservation easement.
NOISE
Any undesired audible sound.
NOISE POLLUTION
Continuous or episodic excessive noise in the human environment.
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 STRUCTURE
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reasons of such adoption, revision or amendment.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.
NUISANCE
An interference with the enjoyment and use of property.
NUISANCE ELEMENT
Any environmental pollutant, such as smoke, odors, liquid
wastes, solid wastes, radiation, noise, vibration, glare, or heat.
NURSERY
Land and/or greenhouses used to raise flowers, shrubs and
plants for sale, and which may include landscaping and gardening supplies.
OFFICE
A room or group of rooms used for conducting the administrative
affairs of a business, profession, service, industry, or government
and generally furnished with desks, tables, files, communication and
electronic equipment.
OFFICE BUILDING
A building containing offices used primarily for conducting
the affairs of businesses, professions, services, industry, or government,
or like activity, and may include ancillary services for office work,
such as a restaurant, coffee shop, newspaper or candy stand, and child-care
facilities.
OFFICIAL COUNTY MAP
The map, with changes and additions thereto, adopted and
established, from time to time, by resolution of the Board of Chosen
Freeholders of the county pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP
A map adopted by ordinance pursuant to Article 5 of P.L.
1975, c. 291 (N.J.S.A. 40:55D-32).
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 the closest half of the street or
right-of-way abutting the property of which the lot is a part.
[Amended 12-13-1999 by Ord. No. 99-27]
OFF-SITE IMPROVEMENT
Improvement required to be made off site as a result of an
application for development and including, but not limited to, road
widening and upgrading, stormwater facilities, and traffic circulation
improvements.
OFF-STREET PARKING SPACE
A storage area for a motor vehicle that is directly accessible
to an access aisle and that is not located within a dedicated street
right-of-way.
OFF TRACT
Not located on the property which is the subject of a development
application nor on the closest half of an abutting street or right-of-way.
[Amended 12-13-1999 by Ord. No. 99-27]
OFF-TRACT IMPROVEMENT
Improvement required to be made off tract as a result of
an application for development.
ON SITE
Located on the lot in question and excluding any abutting
street or right-of-way.
[Amended 12-13-1999 by Ord. No. 99-27]
ON TRACT
Located on the property which is the subject of a development
application or on the closest half of an abutting street or right-of-way.
[Amended 12-13-1999 by Ord. No. 99-27]
OPEN SPACE
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space; provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
OPEN-SPACE RATIO
The total area of open space divided by the total site area
in which the open space is located.
OUTDOOR STORAGE
The keeping in an unenclosed area of any goods, junk, material,
merchandise, or vehicles in the same place for more than 24 hours.
OWNER
An individual, firm, association, partnership, company, corporation
or other entity having sufficient proprietary interest in the land
sought to be developed to commence and maintain proceedings to develop
the same under this chapter.
PARKING SPACE
A space for the parking of a motor vehicle within a public
or private parking area.
PARTIAL DESTRUCTION
A building or structure that, because of fire, flood, explosion
or other calamity, requires the rebuilding of less than half of its
floor area.
PARTY IMMEDIATELY CONCERNED
For purposes of notice, any applicant for development, the
owners of the subject property and all owners of property and government
agencies entitled to notice under Section 7.1 of P.L. 1975, c. 291
(N.J.S.A. 40:55D-12).
PAVEMENT
A.
A created surface, such as asphalt, brick, concrete or stone,
placed on the land to facilitate passage;
B.
That part of a street having an improvement surface.
PEDESTRIAN GENERATOR
A development which will realize high facility usage by persons
arriving on foot.
PERCOLATION TEST ("PERC TEST")
A test designed to determine the availability of ground to
absorb water and used in determining the suitability of a soil for
drainage or for the use of a septic system.
PERFORMANCE GUARANTY
Any security, which may be accepted by a municipality, including
but not limited to surety bonds, letters of credit under the circumstances
specified in Section 16 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.5),
and cash.
PERMEABILITY TEST
A test designed to determine the rate at which water moves
through a unit area of soil or rock material at hydraulic gradient
of one, determined as prescribed in N.J.A.C. 7:9A-6.2, 6.3, 6.5 or
6.6.
[Added 12-13-1999 by Ord.
No. 99-27]
PERSONAL SERVICE ESTABLISHMENT
An establishment primarily engaged in providing services
involving the care of a person or his or her personal goods or apparel,
including but not limited to beauty shops, barber shops, laundries,
cleaners, funeral homes, and clothing rental operations.
PLACE OF WORSHIP
A church, synagogue, temple or other facility that is used
for prayer and religious services by and for persons of similar beliefs;
a special purpose building that is architecturally designed and particularly
adapted for the primary use of conducting regular, formal religious
services by a religious congregation; a group of such buildings or
structures that, by design and construction, is primarily intended
for conducting organized religious services and associated accessory
uses. See "church."
PLANNED ADULT COMMUNITY
A residential community provided for permanent residents
aged 55 years or over in which the residential property and the residential-related
open space, recreational facilities and common area are all owned
by a mutual nonprofit corporation or corporations established pursuant
to the laws of the State of New Jersey and also governed by Section
213 of Title 11 of the National Housing Act (or provisions of a substantially
similar or comparable nature) or by individuals, condominium associations
or other entities, all of which shall have rules and regulations controlling
the development, operation and maintenance in conformance with this
chapter.
PLANNED COMMERCIAL DEVELOPMENT
An area of a minimum contiguous size as specified by this
chapter to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
commercial or office uses or both and any residential and other uses
incidental to the predominant use as may be permitted by this chapter.
PLANNED DEVELOPMENT
Planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
[Amended 12-13-1999 by Ord. No. 99-27]
PLANNED INDUSTRIAL DEVELOPMENT
An area of a minimum contiguous size as specified by this
chapter to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
industrial uses and any other uses incidental to the predominant use
as may be permitted by this chapter.
PLANNED UNIT DEVELOPMENT
An area with a specified minimum contiguous acreage of 10
acres or more to be developed as a single entity according to a plan,
containing one or more residential clusters of planned unit residential
developments and one or more public, quasi-public, commercial or industrial
areas in such ranges of ratios of nonresidential uses to residential
uses as shall be specified in this chapter.
PLANNED UNIT RESIDENTIAL DEVELOPMENT
An area with a specified minimum contiguous acreage of five
acres or more to be developed as a single entity according to a plan
containing one or more residential clusters, which may include appropriate
commercial or public or quasi-public uses all primarily for the benefit
of the residential development.
PLANNING BOARD
The municipal Planning Board established pursuant to Section
14 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-23).
PLAT
A map or maps of a subdivision or site plan.
PLAT, SKETCH
A concept or informal map of a proposed subdivision or site
plan of sufficient accuracy to be used for the purpose of discussion
and classification.
PLAYGROUND
An active recreation area with a variety of facilities, including
equipment for younger children as well as court and field games.
PLOT
A.
A single unit parcel of land;
B.
A parcel of land that can be identified in reference to a recorded
plat or map.
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
Any tower or antenna for which a building permit has been
properly issued prior to the effective date of this chapter, including
permitted towers or antennas that have not yet been constructed so
long as such approval is current and not expired.
[Added 5-8-2000 by Ord.
No. 00-17]
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to Sections 34,
36 and 37 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-46, N.J.S.A. 40:55D-48
and N.J.S.A. 40:55D-49) prior to development approval after specific
fundamental elements of a development plan have been agreed upon by
the Planning Board and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating, in a schematic form,
its scope, scale and relationship to its site and immediate environs.
PREMISES
A lot, parcel, tract or plot of land, together with the buildings
and structures thereon.
PRINCIPAL USE
The primary or predominant use of any lot or parcel.
PRIVATE LAKE COMMUNITY
A community of one or more neighborhoods within an identifiable
area surrounding one or more lakes, sharing a common residential and
social purpose pursuant to a charter, bylaws and other regulations,
and in which the rights to the use of the lake(s) and other common
areas are exclusive to member residents and their invitees, and which
is controlled and managed by a community association as defined in
this article.
PRIVATE LEASEHOLD LAKE COMMUNITY
A residential lake community in which the land is not in
fee simple ownership in connection with a structure (for example,
the Lake Pochung and Laurel Lake communities). Such uses may include
existing single-family detached homes, clubhouses and public and private
recreational facilities.
[Added 12-13-1999 by Ord.
No. 99-27]
PROFESSIONAL OFFICE
The office of a member of a recognized profession maintained
for the conduct of that profession.
PROJECT
A development with necessary site improvements on a particular
parcel of land.
PROPERTY
A lot, parcel, or tract of land together with the building
and structures located thereon.
PUBLIC AREAS
A.
Public parks, playgrounds, trails, paths and other recreational
areas;
B.
Other public open spaces;
C.
Scenic and historic sites; and
D.
Sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSAL
A master plan, capital improvement 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 biological as well as drainage function
of the channel and provided for the flow of water to safeguard the
public against flood damage, sedimentation and erosion and to assure
the adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground where practical, and to lessen nonpoint
pollution.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, board of education, state or county agency, or other
public body for recreational or conservational uses.
PUBLIC UTILITY
Any public utility regulated by the Board of Regulatory Commissioners
and defined pursuant to N.J.S.A. 48:2-13.
PUBLIC UTILITY FACILITIES
Buildings, structures, and facilities, including generating
and switching stations, poles, lines, pipes, pumping stations, repeaters,
antennas, transmitters and receivers, valves and all buildings and
structures relating to the furnishing of utility services, such as
electric, gas, telephone, water, sewer, and public transit, to the
public.
QUORUM
The majority of the full authorized membership of a municipal
agency.
RACQUET SPORTS FACILITY
A facility for court games played with a racquet and ball
and played indoors or outdoors on various surfaces.
RECHARGE
The replenishment of water in an aquifer.
RECREATION, ACTIVE
Leisure time activities commonly of a structured nature and
ordinarily involving more than one person, requiring equipment and
taking place at prescribed places, sites, or fields.
RECREATION, PASSIVE
Activities that involve relatively inactive or less energetic
activities, such as walking, sitting, picnicking, board and table
games, and simple appreciation of the environs.
RECREATION FACILITY
A place designed and equipped for the conduct of sports and
leisure time activities.
RECREATION FACILITY, ACTIVE
A commercial recreation facility offering action rides and
similar activities to the public, but specifically excluding amusement
parks and rides typically associated therewith.
RECREATION FACILITY, PERSONAL
A recreation facility provided as an accessory use on the
same lot as the principal permitted use and designed to be used primarily
by the occupants of the principal use and their guests.
RECREATION FACILITY, PRIVATE
A recreation facility operated by a nonprofit, private organization
and open only to bona fide members and guests of such organization.
RECREATION FACILITY, PUBLIC
A recreation facility opened to the general public owned
and operated by a governmental agency, quasi-governmental agency,
or other organization on behalf of the governmental agency or the
general public.
RECREATIONAL DEVELOPMENT
A residential development planned, maintained, operated and
integrated with a major recreation facility, such as a golf course,
ski area or lake.
RECREATIONAL VEHICLE
A vehicular-type unit primarily designed as temporary living
quarters for recreational camping or travel use, and as otherwise
defined in N.J.A.C. 8:22-1.2.
RESEARCH LABORATORY
An establishment engaged in the experimentation, testing
and development of products.
RESIDENCE
A home, abode, or place where an individual is actually living
at a specific point in time.
RESIDENTIAL ACCESS STREET
The lowest order, other than rural street type, of residential
street (see "street hierarchy"). Provides frontage for access to private
lots and carries traffic having destination or origin on the street
itself. Designed to carry traffic at slowest speed.
RESIDENTIAL APPEARANCE
A building structure having the appearance of a single-family
residence, generally similar to single-family residences Classes 15
through 20, inclusive, as depicted in the Real Property Appraisal
Manual for New Jersey Assessor, 3rd Edition, issued by the local property
and public utility branch, Division of Taxation, Department of the
Treasury, State of New Jersey.
RESIDENTIAL CLUSTER
An area to be developed as a single entity according to a
plan containing residential housing units which have a common or public
open space area as an appurtenance.
RESIDENTIAL HEALTH CARE FACILITY
A private or public facility or institution, principally
engaged in providing services for health maintenance, diagnosis or
treatment of human disease, pain, injury, deformity or physical condition,
including, but not limited to, a general hospital, special hospital,
mental hospital, public health center, diagnostic center, treatment
center, rehabilitation center, extended care facility, skilled nursing
home, nursing home, intermediate care facility, tuberculosis hospital,
chronic disease hospital, maternity hospital, outpatient clinic, dispensary,
home health care agency, boarding home or other home for sheltered
care and bioanalytical laboratory or central services facility serving
one or more such institutions but excluding institutions that provide
healing solely by prayer.
RESIDENTIAL MAJOR COLLECTOR
The highest order of residential street (see "street hierarchy").
Conducts and distributes traffic between lower-order residential streets
and higher-order streets (arterials and expressways).
RESIDENTIAL MINOR COLLECTOR
Middle order of residential streets (see "street hierarchy").
Provides frontage for access to lots, and carries traffic to and from
adjoining residential access streets.
RESIDENTIAL NEIGHBORHOOD STREET
A type of residential access street conforming to traditional
subdivision street design, which provides access to building lots
fronting on a street and provides parking on both sides of street
(see "street hierarchy").
RESIDENTIAL VILLAGE
A component of a mountain resort, including townhouses, duplexes,
and/or other vacation-type units, which is designed to complement
a resort village, and is located within a reasonable walking distance
of a resort village.
[Added 11-15-2001 by Ord.
No. 01-26]
RESORT
A facility for transient guests where the primary attraction
generally involves recreational facilities, features or activities.
(See "resort-oriented community.")
RESORT-ORIENTED COMMUNITY
A centrally managed facility which provides resort-oriented
housing; full service lodging; dining or cooking facilities; and on-site
recreational amenities for overnight guests or members. A resort-oriented
community shall include an organized program of activities such as
hunting, fishing, nature study, arts and crafts, skiing, snowmobiling,
boating, horseback riding, and hiking. The community may also include
corporate or religious retreats or conference facilities.
[Amended 12-13-1999 by Ord. No. 99-27]
RESORT-ORIENTED HOUSING
Housing associated with a resort-oriented community and may
include single-family dwellings, single-family attached (duplex) dwellings,
townhouses, and cabins.
[Added 12-13-1999 by Ord.
No. 99-27]
RESORT UNIT
A designated facility for lodging of guests in a mountain
resort, whether located in a hotel, lodge, townhouse, duplex, or other
vacation-type unit.
[Added 11-15-2001 by Ord.
No. 01-26]
RESORT VILLAGE
A component of a mountain resort in which there is located
various commercial uses, such as bakeries; banks and financial institutions;
barber and beauty shops; bicycle and sports-related rentals, sales
and service; child-care facilities; cocktail lounges and bars; conference
centers; delicatessens; drugstores and pharmacies; galleries; grocery
and convenience stores; health clubs; hotels or lodges; indoor recreation
uses (e.g., amusements and arcades); liquor stores; miniature golf;
nightclubs; offices; restaurants; ski resort support services (e.g.,
gondolas, resort sales and operation centers, skier information services,
transit center, lift ticket offices, event areas); spas; theaters;
and/or other commercial, retail, service, and recreational uses normally
associated with a resort.
[Added 11-15-2001 by Ord.
No. 01-26]
RESTAURANT
An establishment where food and drink are prepared, served,
and consumed primarily within the principal building, excluding fast-food
and take-out restaurants.
[Amended 12-13-1999 by Ord. No. 99-27]
RESTAURANT, FAST-FOOD
A business establishment whose principal business is the
sale of prepared or rapidly prepared food directly to the customer
and that is ready for consumption either within the restaurant building,
in cars on the premises or off the premises.
[Added 12-13-1999 by Ord.
No. 99-27]
RESTAURANT, TAKE-OUT
An eating establishment where food and drink are prepared
and served and which may be consumed either within the principal building
or can be picked up for consumption off the premises, but does not
include drive-through window service.
[Added 12-13-1999 by Ord.
No. 99-27]
RESUBDIVISION
A.
The further division or relocation of lot lines of any lot or
lots within a subdivision previously made and approved or recorded
according to law; or
B.
The alteration of any streets or the establishment of any new
streets within any subdivision previously made and approved or recorded
according to law, but does not include conveyances so as to combine
existing lots by deed or other instrument.
RETAIL SALES
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and without
necessarily rendering services incidental to the sale of such goods.
RETAIL SALES, OUTDOOR
The display and sale of products and services outside of
a building or structure, including garden and landscaping supplies,
flowers, shrubs, plants, produce, farm equipment, building and construction
materials and boats, but excluding new or used vehicles.
RETAIL SERVICES
Establishments predominately providing services or entertainment
as opposed to, but not necessarily exclusive of, products, as where
a product is consumed or used in the service.
RETENTION BASIN
A stormwater management basin designed to retain some water
on a permanent basis.
RIDING ACADEMY
An establishment where horses are boarded and cared for and
where instruction in riding, jumping and showing is offered and where
horses may be hired for riding.
RIGHT-OF-WAY
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, road, electric transmission line, gas
pipeline, water main, sanitary or storm sewer main, shade tree, or
for another special use.
RURAL
As it pertains to streets, when density is one dwelling unit
per acre or lower, a road primarily serving as access to abutting
building lots, which has no on-street parking, and lot-to-street access
is designed so vehicles do not back out of lots onto the street (see
"street hierarchy").
SATELLITE EARTH STATION ANTENNA
A parabolic or dish-shaped antenna or any other apparatus
or device that is designed for the purpose of receiving radio waves.
SCENIC AREA
An open area, the natural features of which are visually
significant or geologically or botanically unique.
SCENIC CORRIDOR
An area visible from a highway, waterway, railway, or major
hiking, biking or equestrian trail that provides vistas over water,
across expanses of land, such as farmlands, woodlands or coastal wetlands,
or from mountaintops or ridges.
SCHOOL
Any building or part thereof which is designed, constructed,
or used for education or instruction in any branch of knowledge.
SCHOOL, ELEMENTARY
Any school licensed by the state and that meets the state
requirements for elementary education.
SCHOOL, PAROCHIAL
A school supported and controlled by a church or religious
organization. (See "school, private.")
SCHOOL, PRIVATE
Any building or group of buildings, the use of which meets
state requirements for elementary, secondary, or higher education
and which use does not secure the major part of its funding from any
governmental agency.
SCHOOL BUS SHELTER
A bus shelter as defined herein, but devoted exclusively
to the protection and convenience of school bus passengers. (See "bus
shelter.")
SCREENING
A.
A method of visually shielding or obscuring one abutting or
nearby structure or use from another by fencing, walls, berms, or
densely planted vegetation;
B.
The removal of relatively coarse floating and/or suspended solids
by straining through racks or screens.
SEDIMENTATION
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity and other natural means
as a product of erosion.
SEPTIC SYSTEM
An underground system with a septic tank used for the decomposition
of domestic wastes.
SETBACK
The distance between a building or structure and any side
or rear lot line; in front yards, "setback" means the distance between
a building or structure and the right-of-way line.
SETBACK, ADJUSTED
A setback requirement which is enlarged as a result of a
proposed or claimed right-of-way width pursuant to an official map,
or the duly adopted circulation or traffic plan of State of New Jersey,
County of Sussex or Township of Vernon.
SETBACK LINE
A line established as parallel as possible to a corresponding
right-of-way line or lot line, drawn in such a manner as to touch
the nearest part of a corresponding building or structure.
SETBACK, MINIMUM
The minimum allowable distance between a building wall or
part of a structure and a corresponding right-of-way line or lot line.
SEWER
Any pipe conduit used to collect and carry away sewage or
stormwater runoff from the generating source to treatment plants or
receiving streams.
SHADE TREE
A tree, usually deciduous, planted primarily for overhead
canopy.
SHELTERED CARE FACILITIES
A profit or nonprofit boarding home, rest home or other home
for the sheltered care of adult persons which, in addition to providing
food and shelter to four or more persons unrelated to the proprietor,
also provides personal care or service beyond food, shelter and laundry.
SHOPPING CENTER
A group of commercial establishments planned, constructed
and managed as a total entity, with customer and employee parking
provided on site, provision for goods deliveries separated from customer
access, utilizing aesthetic considerations, protection from the elements,
and landscaping and signage in accordance with this chapter and an
approved plan.
SHOPPING MALL
A shopping center with stores on both sides of an enclosed
or open pedestrian walkway.
SIGHT TRIANGLE
A triangular-shaped portion of land established at street
intersections in which nothing is erected, placed, planted, or allowed
to grow in such a manner as to limit or obstruct the sight distance
of motorists entering or leaving the intersection.
SIGN
Any object, device, display or structure or part thereof,
situated outdoors or indoors, which is used to advertise, identify,
display, direct or attract attention to an object, person, institution,
organization, business, product, service, event, or location by any
means, including words, letters, figures, designs, symbols, fixtures,
colors, illumination or projected images, but excluding the American
flag or other governmental flags, window displays, athletic scoreboards
on school premises, or official announcements and signs of government.
SIGN, ANIMATED OR MOVING
Any sign or part of a sign that changes physical position
or light intensity by movement or rotation or that gives the visual
impression of such movement or rotation.
SIGN, AWNING OR CANOPY
A sign that is mounted, painted, or attached to an awning,
canopy, or marquee that is otherwise permitted by this chapter.
SIGN, BILLBOARD
A sign that directs attention to a business, commodity, service,
or entertainment conducted, sold, or offered at a location other than
the premises on which the sign is located.
SIGN, BUSINESS
A sign that directs attention to a business or profession
conducted, or to a commodity or service owned, offered, or manufactured,
or to an entertainment offered on the premises where the sign is located.
SIGN, CONSTRUCTION
A temporary sign erected on the premises on which construction
is taking place during the period of such construction, indicating
the names of the architects, engineers, landscape architects, contractors
or similar artisans, and the owners, financial supporters, sponsors
and similar individuals or firms having a role or interest in the
construction project.
SIGN, DIRECTIONAL
A sign limited to directional messages, principally for pedestrian
or vehicular traffic, such as but not limited to "one-way," "entrance"
and "exit."
SIGN, DIRECTORY
A sign listing the tenants or occupants of a building or
group of buildings and that may indicate their respective professions
or business activities.
SIGN, FACE
The area or display surface used for the message.
SIGN, FLASHING
Any directly or indirectly illuminated sign that exhibits
changing natural or artificial light or color effects by any means
whatsoever such as, but not limited to, intermittent lighting.
SIGN, GROUND
Any nonmovable sign not affixed to a building, but excluding
"Pylon Sign." A sign which is supported by two or more upright or
braces in or upon the ground.
[Amended 5-14-2012 by Ord. No. 12-05]
SIGN, IDENTIFICATION
A sign giving the nature, logo, trademark, or other identifying
symbol, address, or any combination of the name, symbol and address
of a building, business, development, or establishment on the premises
where it is located.
SIGN, INFORMATIONAL
An on-site sign commonly associated with, but not limited
to, information and directions necessary or convenient for visitors
coming on the property, including signs, marking entrances and exits,
parking areas, circulation direction, rest rooms, and pickup and delivery
areas.
SIGN, MEMORIAL
A sign, tablet, or plaque memorializing a person, event,
structure, or site.
SIGN, NAMEPLATE
A sign located on the premises giving the name or address,
or both, of the owner or occupant of the building or premises.
SIGN, POLE
A sign that is mounted on a freestanding pole, post or other
support so that the bottom edge of the sign is six feet or more above
grade.
SIGN, POLITICAL
A temporary sign announcing or supporting political candidates,
parties or issues in connection with any national, state or local
election.
SIGN, PORTABLE
A sign that is not permanent, affixed to a building, structure,
or the ground.
SIGN, PRIVATE SALE OR EVENT
A temporary sign advertising private sales of personal property,
such as "house sale," "garage sale," "rummage sale" and the like,
and private not-for-profit events, such as picnics, carnivals, bazaars,
game nights, art fairs, craft shows, and Christmas tree sales.
SIGN, PROJECTING OR SHINGLE
A sign that is wholly or partly dependent upon a building
for support and that projects more than 12 inches from such building.
SIGN, REAL ESTATE
A sign pertaining to the sale or lease of the premises, or
a portion of the premises, on which the sign is located.
SIGN, TEMPORARY
A sign or advertising display constructed of cloth, canvas,
fabric, plywood, paper, or other light material and designed or intended
to be displayed for a short period of time.
SIGN, WALL
A sign fastened to or painted on the wall of a building or
structure in such a manner that the wall becomes the supporting structure
for, or forms the background surface of, the sign and that does not
project more than 12 inches from such building or structure.
SITE
Any plot or parcel of land or combination of contiguous lots
or parcels of land.
SITE IMPROVEMENTS
Any construction work on or improvement in connection with
residential development limited to streets, roads, parking facilities,
sidewalks, drainage structures and utilities.
SITE PLAN
A development plan of one or more lots on which is shown:
A.
The existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways;
B.
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
C.
Any other information that may be reasonably required in order
to make an informed determination pursuant to an ordinance requiring
review and approval of site plans by the Planning Board.
SKI AREA
An area developed for snow skiing, with trails and lifts,
and including ski rental and sale, instruction, and eating facilities.
SKI RESORT
A ski area that also includes sales, rental, and service
of related equipment and accessories, eating places, residences, hotels/motels
or similar accommodations.
SOLAR
A.
MAJOR SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTUREMajor solar or photovoltaic energy facility or structure or major solar or photovoltaic energy system — A system of fuel cells, solar or photovoltaic panels and equipment for the production of energy that is not a minor solar or photovoltaic energy facility or structure.
[Added 6-9-2011 by Ord.
No. 11-14]
B.
MINOR SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE[Added 6-9-2011 by Ord.
No. 11-14] Minor solar or photovoltaic energy facility
or structure or minor solar or photovoltaic energy system —
A fuel cell, solar or photovoltaic panel or system of panels for the
production of energy that:
(1)
Uses solar energy as its fuel; is located on the power beneficiary's
premises; is designed and intended primarily to offset part or all
of the beneficiary's requirements for energy consumption on site;
and is secondary to the beneficiary's use of the premises for other
lawful purpose(s);
(2)
Is intended to mitigate electrical system improvement requirements;
and
(3)
Generates not more than 110% of the power consumed by the beneficiary's
premises, which shall be documented through the submission of power
company electricity usage bills for the 12 months prior to the date
of application, or another form of documentation acceptable to the
Vernon Township Engineer. This documentation shall be provided at
the time of application.
(4)
If the solar of photovoltaic energy facility or structure is
not located on the same property as the use it serves, then the facility
shall be treated as a major solar or photovoltaic energy facility
or structure.
C.
PANELA solar panel is an elevated panel or plate, or a canopy or array thereof, that captures and converts solar radiation to produce power, and includes, but is not limited to, flat plate, focusing solar collectors, or photovoltaic solar cells and excludes the base or foundation of the panel, plate, canopy or array.
[Added 6-9-2011 by Ord.
No. 11-14]
SPECIALTY FOOD STORE
A retail store specializing in a specific type or class of
foods, such as an appetizer store, bakery, butcher, delicatessen,
fish market, gourmet shop, or health food store.
SPECIALTY SHOPPING CENTER
A shopping center, the shops of which cater to a specific
market and are linked together by an architectural, historical or
geographic theme, or by a commonality of goods and services, consisting
mainly of small shops with distinctive merchandise.
STABLE
A structure that is used for the shelter and care of horses
and cattle.
STABILIZATION
As it pertains to streets, the ability of a surface to resist
deformation from imposed loads. Stabilization can be accomplished
by adequate thicknesses of asphalt base and surface course, dense
graded aggregates, cement treated soil aggregates, or concrete or
precast masonry units set on a base course.
STABILIZED BASE COURSE (BITUMINOUS)
Stabilized base course or asphalt concrete base consists
of soil aggregate and bituminous material uniformly mixed and placed
on a previously prepared surface.
STABILIZED EARTH
Earth or soil, strengthened usually by the mixing of cement
or lime with the original material to achieve increased strength,
thereby reducing shrinkage and movement.
STANDARDS OF PERFORMANCE OR PERFORMANCE STANDARDS
Standards:
A.
Adopted by this chapter pursuant to Subsection 52d (N.J.S.A.
40:55D-65d) regulating noise levels, glare, earthborn or sonic vibrations,
heat, electronic or atomic radiation, noxious odors, toxic matters,
explosive and inflammable matters, smoke and airborne particles, waste
discharge, screening of unsightly objects or conditions and such other
similar matters as may be reasonably required by the Township; or
B.
Required by applicable federal or state laws or municipal ordinances.
STEALTH TECHNOLOGY
Man-made trees, clock towers, bell steeples, light poles
and similar alternative design mounting structures that camouflage
or conceal the presence of antennas or towers.
[Added 5-8-2000 by Ord.
No. 00-17]
STEEP SLOPE
A land area where the slope exceeds 15%.
[Amended 12-13-1999 by Ord. No. 99-27]
STORMWATER DETENTION
A provision for temporary storage of stormwater runoff, and
the controlled release of such runoff during and after a flood or
storm.
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
be no floor above it, then the space between any floor and the ceiling
next above it. For purposes of this chapter, any basement having 50%
or more of the surface area of the front wall located above grade
shall be considered a story. In addition to the above, a basement
located in a nonresidential building shall be considered a story unless
the basement is and remains unfinished and unutilized except for storage
or utility purposes.
[Amended 12-13-1999 by Ord. No. 99-27]
STORY, HALF
A partial story under a gable, hip or gavel roof, the wall
plates of which on at least two opposite exterior walls are not more
than four feet above the floor of such story.
STREAM
A watercourse having a source and terminus, banks, and channel
through which waters flow at least periodically.
STREAM CORRIDOR
Any river, stream, pond, lake, or wetland, together with
adjacent upland areas, that supports protective bands of vegetation
that line the waters' edge.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway;
or which is shown upon a plat heretofore approved pursuant to law;
or which is approved by official action as provided by this act; 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
Board and the grant to such Board of the power to review plats; and
includes the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines.
STREET FURNITURE
The functional elements of streetscapes including but not
limited to benches, trash receptacles, planters, telephone booths,
kiosks, sign posts, streetlights and bollards.
[Amended 3-25-2013 by Ord. No. 13-04]
STREET HARDWARE
The mechanical and utility systems within a street right-of-way
such as hydrants, manhole covers, traffic lights and signs, utility
poles and lines, parking meters, and the like.
STREET HIERARCHY
The conceptual arrangement of streets based upon function.
A hierarchical approach to street design classifies streets according
to function, from high-traffic arterial roads to streets whose function
is residential access.
STREET, LOOP
A street that has its only ingress and egress at two points
on the same street.
STRUCTURE
A.
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above or below the surface
of a parcel of land.
B.
The following shall be exceptions to the definition of "structure"
as presently defined in this section:
[Added 5-8-2000 by Ord.
No. 00-12]
(2)
Utilities, including lines and poles.
(4)
Subsurface portions of septic systems and related subsurface
components.
(5)
Heating oil tanks, 1,000 gallons or less, located within 10
feet of the principal structure and in conformance with applicable
UCC regulations.
(6)
Propane tanks used for the heating of the principal structure,
500 gallons or less, located within 10 feet of the principal structure
and in conformance with applicable UCC regulations.
(7)
Stormwater leaders which enter underground drainage facilities.
STUB STREET
A street which is to be extended when the adjacent property
is developed.
STUDIO
The workshop of an artist, sculptor, photographer, musician,
or craftsman.
SUBDIVISION
A.
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.
B.
The following shall not be considered "subdivisions" within
the meaning of this chapter, if no new streets are created:
(1)
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;
(2)
Division of property by testamentary or intestate provisions;
(3)
Divisions of property upon court order, including but not limited
to judgments of foreclosure;
(4)
Consolidation of existing lots by deed or other recorded instrument;
and
(5)
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.
C.
The term "subdivision" shall also include the term "resubdivision."
SUBGRADE
The prepared surface upon which pavements and shoulders are
constructed.
SUPERMARKET
A retail establishment primarily selling food as well as
other convenience and household goods on a broad basis.
SURFACE COURSE
The placement of the asphalt concrete material on a previously
prepared base course.
SWALE
A low-lying or depressed land area commonly wet or moist,
which can function as an intermittent drainageway.
TEMPORARY OUTDOOR ACTIVITY
An event or happening that is carried out primarily out of
doors at a scheduled time or for a fixed period of time not to exceed
15 days per year, including flea markets, fireworks and other displays,
public speeches or performances, seasonal sales, swap markets, group
picnics, concerts and kiosks, and for which a permit or license may
be necessary.
[Amended 1-28-2002 by Ord. No. 02-04]
TEMPORARY STRUCTURE
A structure without any foundation or footings and that is
removed when the designated time period, activity, or use for which
the temporary structure was erected has ceased.
TEMPORARY USE
A use established for a limited duration with the intent
to discontinue such use upon the expiration of the time period.
TENNIS COURT
An improved area for playing regulation tennis.
THEATER
A building or part of a building devoted to showing motion
pictures or for dramatic, dance, musical, or other live performances.
THEME PARK
An entertainment or amusement facility built around a single
theme that may be historical, architectural, or cultural.
THREATENED SPECIES
Wildlife species which may become endangered if conditions
surrounding them begin to or continue to deteriorate and are so designated
by a governmental agency.
TOPSOIL
A.
The natural, undisturbed surface layer of soil having more organic
matter than subsequent layers, a pH of 5.0 to 7.5, and suitable for
satisfactory growth and maintenance of permanent, locally adapted
vegetation.
B.
Where the original surface layer has been removed, the reapplication
of soil material used to cover an area so as to improve soil conditions
for establishment and maintenance of adapted vegetation. The reapplied
material must be friable, loamy soil reasonably free of debris, objectionable
weeds, and stones; have a natural pH of 5.0 to 7.5; have an organic
matter content greater than 2.00%; and contain no toxic substances
which may be harmful to plant growth.
TOT-LOT
An improved and equipped play area for small children usually
up to elementary school age.
TOURISM
The attracting and serving of people visiting the Township
of Vernon for recreation and vacations.
TOWNHOUSE
A one-family dwelling in a row of at least three such units
in which each unit has its own front and rear access to the outside,
no unit is located over another unit, and each unit is separated from
any other unit by one or more vertical common fire-resistant walls.
TRACT
An area, parcel, site, piece of land, or property that is
the subject of a development application.
TRAFFIC GENERATOR
A use in the Township of Vernon that is likely to attract
into the Township substantial vehicular or pedestrian traffic.
TRAFFIC IMPACT STUDY
A report analyzing anticipated roadway conditions with and
without an applicant's development.
TRAILER
A structure standing on wheels, towed or hauled by another
vehicle, and used for short-term human occupancy, carrying of materials,
goods, or objects, or as a temporary office.
TRANSCRIPT
A typed or printed verbatim record of the proceedings or
reproduction thereof.
TRANSIENT GUEST
A person who stays and is the recipient of hospitality in
a hotel, lodge, inn or bed-and-breakfast on a brief, short-lived,
impermanent basis, generally less than 14 days.
TRAVELED WAY
The portion of a cartway used for vehicular travel.
USE
The purpose or activity for which land or buildings are designed,
arranged, or intended or for which land or buildings are occupied
or maintained.
VARIANCE
Permission to depart from the literal requirements of a zoning
ordinance pursuant to Section 47 and Subsections 29.2b, 57c and 57d
(N.J.S.A. 40:55D-40b, N.J.S.A. 40:55D-70c, N.J.S.A. 40:55D-70d) of
the Municipal Land Use Law.
VETERINARY HOSPITAL
A place where animals are given medical care, and the boarding
of animals is limited to short-term care incident to the hospital
use.
VISTA
A unique and scenic view to or from a particular point, including
but not limited to mountains, lakes, farmlands, historic sites and
settlements, pastures, groves, glens, and similar features.
VISUAL RESOURCE LANDS
Lands broadly comprising a scenic area or scenic corridor, or involving one or more component features such as but not limited to those described in §
330-87.
WAIVER
Permission to depart from the requirements of this chapter
with respect to the submission of required maps or documents. (See
"exception.")
WALL
The vertical exterior surface of the building.
WATERCOURSE
Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, waterway, gully, ravine, or wash in
which water flows in a definite direction or course, either continuously
or intermittently, and has a definite channel, bed, and banks and
includes any area adjacent thereto subject to inundation of reason
of overflow or floodwater.
WATER QUALITY MANAGEMENT PLAN
The identification and strategies, polices, and procedures
for managing water quality and wastewater treatment and disposal in
a subject area.
WETLANDS, FRESHWATER
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, and which
is regulated by the New Jersey Department of Environmental Protection.
WHOLESALE TRADE
Establishments or places of business primarily engaged in
selling merchandise to other businesses, including retailers, industrial,
commercial, institutional, or professional business users, other wholesalers,
or acting as agents or brokers and buying merchandise for, or selling
merchandise to, such individuals or companies.
[Added 7-26-2021 by Ord. No. 21-16; amended 11-27-2023 by Ord. No.
23-22]
WIRELESS TELECOMMUNICATIONS FACILITY
All the structures or uses serving the wireless telecommunications
site, such as towers, equipment sheds, telecommunications antennas
and fences.
[Added 5-8-2000 by Ord.
No. 00-17]
WIRELESS TELECOMMUNICATIONS TOWER ("TOWER")
A freestanding or guyed, vertical structure designed to support
one or more wireless telecommunications antennas. This definition
shall not apply to amateur or ham radio towers.
[Added 5-8-2000 by Ord.
No. 00-17]
WOODLANDS, MATURE
A forested area containing deciduous and/or evergreen specimens
of which the majority are considered mature by prevailing forestry
standards or as otherwise established by a recognized forestry expert.
YARD
An open space extending between the closest point of any
building and the nearest lot line or right-of-way line, and which
is unoccupied and unobstructed from the ground upward except as may
be specifically provided in this chapter.
YARD, FRONT
The area extending across the full width of the lot between
the right-of-way line and the building.
YARD, REAR
An open space extending across the full width of the lot
between the rear lot line and the building.
YARD, SIDE
An open space extending from the front yard to the rear yard
and lying between a side lot line and the closest point of the building.
ZONING PERMIT
A document signed by the administrative officer:
A.
Which 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;
and
B.
Which acknowledges that such use, structure or building complies
with the provisions of the municipal zoning ordinance or variance
therefrom duly authorized by a municipal agency pursuant to Sections
47 and 57 (N.J.S.A. 40:55D-60, N.J.S.A. 40:55D-70) of the Municipal
Land Use Law.
ZOOLOGICAL GARDEN
A place where animals are kept for viewing by the public
in a setting akin to a botanical garden, and which may include indoor
spaces for animals and public gathering, viewing, food consumption
and associated retail sales.