For the purpose of this chapter, certain phrases
and words are herein defined; whenever used in this chapter they shall
have the meaning set forth in this section, except when the context
indicates a clearly different meaning. Any word or term defined herein
shall be used with a meaning of standard usage. Moreover, whenever
a term is used in the chapter which is defined in N.J.S.A. 40:55D-1
et seq., such term is intended to have the meaning as defined in N.J.S.A.
40:55D-1 et seq., unless specifically defined otherwise in this chapter.
Words used in the present tense include the future; the singular number
includes the plural, and the plural the singular; the word "used"
includes the meaning "designed," "redesigned," "arranged," "constructed,"
"altered," "converted," "rented," "leased" or "intended to be used;"
the word "shall" is mandatory and not discretionary, and the word
"may" indicates a permissive action.
[Amended by Ord. No. 1989-30; Ord. No. 1991-22; Ord. No. 1993-22; Ord. No. 1994-3; 2-8-2000 by Ord. No. 00-02; 3-31-2000 by Ord. No.
00-08]
As used in this chapter, the following terms
shall have the meanings indicated:
An entity located in New Jersey that, on the effective date
of P.L .2019, c. 153 (N.J.S.A. 24:6I-5.1 et seq.), has an addiction
medicine faculty practice or is in the same health care system as
another facility located in New Jersey that offers outpatient medical
detoxification services or inpatient treatment services for substance
use disorder; has a pain management faculty practice or a facility-based
pain management service located in New Jersey; has graduate medical
training programs accredited, or pending accreditation, by the Accreditation
Council for Graduate Medical Education or the American Osteopathic
Association in primary care and medical specialties; is the principal
teaching affiliate of a medical school based in the state; and has
the ability to conduct research related to medical cannabis. If the
entity is part of a system of health care facilities, the entity shall
not qualify as an academic medical center unless the health care system
is principally located within the state.
[Added 8-10-2021 by Ord. No. 21-16]
A dwelling unit in an owner-occupied single-family residence
for which no rent or other fee is chargeable, used exclusively as
living quarters by a person(s) over the age of 60 or handicapped,
or incompetent, related by blood or marriage to the owner.
A building, structure or use which serves a principal building
or principal use; is subordinate in area, extent or purpose to the
principal building or principal use served; contributes to the comfort,
convenience or necessity of occupants of the principal use served;
is customarily associated with the principal building or principal
use served; is appropriate to the principal building or principal
use served; and is located on the same lot as the principal building
or principal use served. An accessory building attached to a principal
building shall be considered part of the principal building.
The Secretary of the Planning Board for the Planning Board
and Zoning Officer for the Board of Adjustment, unless a different
municipal official is designated by this chapter to administer certain
of the responsibilities and authorities specified for the Administrative
Officer in N.J.S.A. 40:55D-1 et seq.
A bookstore having as a substantial or significant portion
of its stock-in-trade publications, books, magazines and other periodicals
which are distinguished or characterized by their emphasis on matter
depicting, describing or relating to specified sexual activities or
specified anatomical areas, as defined in this section.
[Added 6-11-2013 by Ord. No. 13-18]
An adult bookstore, adult motion-picture theater, adult mini-motion-picture
theater, adult video store or a sexually oriented business, as defined
in this section.
[Added 6-11-2013 by Ord. No. 13-18]
An enclosed building with a capacity for fewer than 50 persons,
used for presenting motion pictures, a substantial or significant
portion of which are distinguished or characterized by an emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas, as defined in this section, for observing
by patrons therein.
[Added 6-11-2013 by Ord. No. 13-18]
An enclosed building with a capacity of 50 or more persons
used for presenting motion pictures, a substantial or significant
portion of which are distinguished or characterized by an emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas, as defined in this section, for observation
by patrons therein.
[Added 6-11-2013 by Ord. No. 13-18]
Refers to the New Jersey Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act, P.L. 2021, c. 16 (approved
February 22, 2021), amended by P.L. 2021, c. 25 (approved February
22, 2021), codified at N.J.S.A. 24:61-31 et seq.
[Added 8-10-2021 by Ord. No. 21-16]
An establishment or business having as a substantial or significant
portion of its stock-in-trade films, slides or movies consisting of
material distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas, as defined herein.
[Added 6-11-2013 by Ord. No. 13-18]
Conditions or situations creating, imposing, aggravating
or leading to impractical, unsafe or unsatisfactory conditions on
the subject property, on an adjacent property or properties, or on
other areas within or outside of the Township, including, but not
limited to, improper circulation or drainage rights-of-way, inadequate
drainage facilities, insufficient street width, unsuitable street
grades, unsuitable street locations to accommodate prospective traffic
or coordinate and compose a convenient system, locating lots or developing
property in a manner not adaptable for the intended purpose without
danger to health or peril from flood, fire, erosion or other menace,
providing for lots of insufficient size or structures of excessive
size in relation to the lot and surrounding buildings, and neither
providing nor making future allowance for access to the interior portion
of a tract or for other facilities required by this chapter.
[Amended 3-10-2009 by Ord. No. 09-04]
A structure of any kind or character erected, used, or maintained
for outdoor advertising purposes, upon which any poster, bill, printing,
painting or other advertisement of any kind whatsoever may be placed,
including statuary, for advertising purposes. "Advertising structure"
does not include:
[Added 4-9-2013 by Ord. No. 13-13]
Official notices issued by any court or public body or officer;
Notices posted by any public officer in performance of a public
duty or by any person in giving legal notice;
Directional, warning or information structures required by or
authorized by law or by federal, state or county authority;
A structure erected near a city or county boundary, which contains
the name of such city or county and the names of, or any other information
regarding, civic, fraternal or religious organizations located therein.
Any housing unit with an acquisition price or rent level
not exceeding the maximum resale or rent level for low- and moderate-income
housing set forth in N.J.A.C. 5:93-11.
[Added 5-8-2001 by Ord. No. 01-15]
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders, except such change as
may be required for safety, or any substantial change in the roof
or in the exterior walls, not including, however, changes in doors
and windows or alterations which affect primarily the appearance and
not the life of the structure. Any addition to a building or moving
a building from one site, location or position to another.
An organization authorized through licensure issued by the
New Jersey Department of Health and the Board of Medical Examiners
to perform activities necessary to provide registered qualifying patients
with usable cannabis and related paraphernalia in accordance with
the provisions of the Medical Act. Cultivation and manufacturing,
unless within the same structure or property as a dispensary, shall
be treated as a separate zoning use category though it may be part
of the license issued by the state for a single entity. No adult use
cannabis business-related activities may take place within an ATC
dispensary unless granted a zoning permit by the Township Zoning Official.
[Added 8-10-2021 by Ord. No. 21-16]
Use of less than 5% of gross floor area or 200 square feet
(note: every one linear foot of wall area shall be counted as 10 square
feet), whichever is lesser, for retail or wholesale distribution,
display, or marketing of smoking paraphernalia and tobacco-related
products that are accessory to the sale of tobacco products at any
gasoline service station, convenience retail store, grocery store,
supermarket, minimart or similar market, and which is accessory to
said use. Tobacco products, tobacco-related products and associated
smoking paraphernalia are combined and counted toward the overall
area devoted to such use.
[Added 10-25-2022 by Ord. No. 22-17]
A wall or shingle sign, whose purpose is to supplement the
principal identification signage of an office of business use, and
which is smaller in area and secondary in location to such principal
signage.
[Added 4-9-2013 by Ord. No. 13-13]
A place where lost, abandoned or unclaimed animals are boarded
and cared for until adopted or put to sleep or where animals or pets
are given medical or surgical treatment. Use as a kennel shall be
limited to short-term boarding and shall be incidental to such hospital
use.
Any building, structure or premises in which dogs and other
domestic animals or pets are kept, boarded, bred or trained for commercial
gain. The keeping of more than three adult animals of any one kind
(e.g., more than three dogs, more than three cats, etc.), or the breeding
and advertisement for sale of more than two litters of the same type
of domestic animal per twelve-month period, or the maintenance of
more than two dog pens, shall constitute prima facie evidence of the
operation of a kennel business for purposes of enforcing the sections
of this chapter regarding permitted uses in any zone. For the purpose
of this chapter, an adult animal shall be 14 months old or older.
A sign or part of a sign which changes physical position
by any movement or rotation but not including rotating panels which
are integrated within an outdoor general advertising device.
[Added 4-9-2013 by Ord. No. 13-13]
Establishments specializing in works of art, collections
in illustration of the progress of the arts, works in bronze, wood,
marble, terra cotta, parian, pottery or porcelain, artistic antiquities
and objects of ornamental character or educational value.
[Added 6-11-2013 by Ord. No. 13-18]
A developer, landowner, or the agent, optionee, contract
purchaser or other person authorized to act for and acting for the
landowner, submitting an application for development.
The application or appeal from all accompanying documents
required by this chapter for approval of a subdivision plat, site
plan, planned development, conditional use, zoning variance or direction
for the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.
CONCEPTUAL OR SKETCH PLATA tentative, nonbinding conceptual approval, whereby neither the applicant nor Board is bound by such approval.
PRELIMINARYThe conferral of certain rights, pursuant to this chapter and prior to final approval, after specific elements of a subdivision or site plan have been agreed upon by the Board and the applicant.
FINALThe official action of the Board taken on a preliminary approved major subdivision or site plan, or portions thereof, after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.
The Board of the municipality unless a different agency is
designated by ordinance when acting pursuant to the authority of this
chapter.
A space devoted to the production of art and the training
of artists to develop skills related to design, ranging from architecture
to product design and art.
[Added 6-11-2013 by Ord. No. 13-18]
Any sign or message that is mounted, painted or otherwise
attached to an awning or other exterior window or door covering that
is permitted by this chapter.
[Added 4-9-2013 by Ord. No. 13-13]
Any person or corporation that will act as a surety and pledge
money or property as bail for the appearance of persons accused in
court. Although banks, insurance companies and other similar institutions
are usually the sureties on other types of contracts (for example,
to bond a contractor who is under a contractual obligation to pay
for the completion of a construction project), such entities are reluctant
to put their depositors' or policyholders' funds at the kind of risk
involved in posting a bail bond.
[Added 6-11-2013 by Ord. No. 13-18]
A rectangular-shaped fabric sign not permanently attached
to a structure; a temporary bracket or device may support the banner.
[Added 4-9-2013 by Ord. No. 13-13]
An enclosed building space partly or completely below grade.
It shall be considered a story only if more than 1/3 of the perimeter
walls are five feet or more above the grade and if the net area of
the door and window openings in the exterior walls are at least equal
to 10% of the enclosed basement floor area.
Self-contained habitable space that is larger than 150 square
feet that contains a private bath or washroom and may contain more
than one closet.
[Added 7-24-2018 by Ord.
No. 18-17]
Self-contained habitable space serving no more than double
occupancy and containing no more than one closet, with no private
bath or washroom. Any bedroom larger than 220 square feet may be counted
as more than one-bedroom unit per the International Property Maintenance
Code occupancy standards which would allow up to four occupants.
[Added 7-24-2018 by Ord.
No. 18-17]
See "off-premises sign."
[Added 4-9-2013 by Ord. No. 13-13]
Development practices that use plants and soils to remove
pollutants and allow recharge of groundwater by water infiltration.
Examples include, without limitation, those measures giving off the
appearance of a landscaped island, and designed to temporarily store
and treat stormwater runoff in areas such as parking lots.
[Added 3-18-2013 by Ord. No. 13-08]
Shallow impoundments designed to infiltrate runoff into the
soil and recharge groundwater.
[Added 3-18-2013 by Ord. No. 13-08]
An area bounded by streets.
The Planning Board or Board of Adjustment established under
this chapter.
Any building, together with any related structure, accessory
building, any land appurtenant thereto, and any part thereof, which
contains two or more units of dwelling space arranged or intended
for single-room occupancy, exclusive of any such unit occupied by
an owner or operator, and wherein personal or financial services are
provided to the residents, including any residential hotel or congregate
living arrangement, but excluding any hotel, motel or established
guesthouse wherein a minimum of 85% of the units of dwelling space
are offered for limited tenure only, any resource family home as defined
in Section 1 of P.L.1962, c. 137 (N.J.S.A. 30:4C-26.1), any community
residence for the developmentally disabled and any community residence
for the mentally ill as defined in Section 2 of P.L.1977, c. 448 (N.J.S.A.
30:11B-2), any adult family care home as defined in Section 3 of P.L.2001,
c. 304 (N.J.S.A. 26:2Y-3), any dormitory owned or operated on behalf
of any nonprofit institution of primary, secondary or higher education
for the use of its students, any facility or living arrangement operated
by, or under contract with, any state department or agency, upon the
written authorization of the Commissioner, and any owner-occupied,
one-family residential dwelling made available for occupancy by not
more than six guests, where the primary purpose of the occupancy is
to provide charitable assistance to the guests and where the owner
derives no income from the occupancy. A dwelling shall be deemed "owner-occupied"
within the meaning of this section if it is owned or operated by a
nonprofit religious or charitable association or corporation and is
used as the principal residence of a minister or employee of that
corporation or association. For any such dwelling, however, fire detectors
shall be required as determined by the Department of Community Affairs.
[Added 3-18-2013 by Ord. No. 13-08]
The practice of physical body adornment by permitted establishments
and operators utilizing, but not limited to, the following techniques:
body piercing, tattooing, cosmetic tattooing, branding and scarification,
and the placement of pigments, trimming, or filing of the nails.
[Added 6-11-2013 by Ord. No. 13-18]
Any room or space where body piercing is practiced or where
the business of body piercing is conducted or any part thereof. The
process of penetrating the skin or mucous membrane for the purpose
of insertion of any object, including but not limited to jewelry for
cosmetic purposes. The term also includes the intentional production
of scars upon the body.
[Added 6-11-2013 by Ord. No. 13-18]
See "landscape buffer."
A structure enclosed within exterior walls or fire walls,
built, erected and framed of component structural parts, designed
for housing, shelter, enclosure and support of individuals, animals
or property of any kind.
See "coverage."
The vertical dimension of a structure as measured from the
average level of the finish grade along the exterior wall of the structure
facing the nearest street to the highest part of the structure.
A line formed by the intersection of a horizontal plane at
average grade level and a vertical plane that coincides with the exterior
surface of a building on any side. In the case of a cantilevered section
of a building, the vertical plane will coincide with the most projected
surface, except where herein defined. All measurements shall be taken
between the building and the lot line.
A building in which is conducted the main or principal use
of the site on which it is situated.
The term used to describe the size of buildings or other
structures and their relationship to each other and to open areas,
such as, but not limited to, yards and lot lines, and therefore includes:
See "recreational vehicles."
[Added 10-25-2022 by Ord. No. 22-17]
A psychoactive nonintoxicating compound derived from a cannabis
or hemp plant known to have many potential therapeutic benefits, including
anti-inflammatory, analgesic, anti-anxiety, and seizure-suppressant
properties, containing less than 0.3% Delta-9-Tetrahydrocannabinol
and less than 0.1% Delta-8-Tetrahydrocannabinol (THC). THC, as applied
to this definition, includes both Delta-8 and Delta-9 limitations.
Products include:
Flower: Combusting or vaporizing CBD weed allows users to feel
the potential therapeutic effects of CBD almost immediately.
Isolate: CBD isolate is cannabidiol in its purest form, a fine
white powder. This crystalline form of CBD is versatile and allows
users to measure precise doses.
Concentrates: CBD can also be purchased in concentrate form,
including raw CBD oil, cartridges, vape pens, syringes, and more.
Concentrates bridge the gap between CBD flower and CBD isolate.
Infusions: readily usable products infused with CBD, including
edibles, elixirs, sublingual sprays, and topicals.
CBD is not a tobacco product or tobacco-related product and
not permitted to be sold retail or wholesale distribution, displayed,
or marketed as such. CBD is not permitted to be sold with synthetic
additives or concentrated doses of Delta-8-Tetrahydrocannabinol in
Ewing Township.
An establishment that is dedicated to, or a provider of,
CBD-related products and those establishments that do not sell, gift,
or otherwise convey products containing more than 0.3% Delta-9 and
0.1% Delta-8-Tetrahydrocannabinol (THC).
[Added 10-25-2022 by Ord. No. 22-17]
The definition given to Cannabis sativa L whether growing
or not, the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant, which are cultivated
and, when applicable, manufactured in for use in cannabis products
as set forth in the Adult Use 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 seq.) and P.L. 2015, 47
c. 158 (N.J.S.A. 18A:40- 12.22 et seq.); 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 marihuana as defined in section 2
of P.L. 1970, c.226 (C.24:21-2) and applied to any offense set forth
in the “New Jersey Controlled Dangerous Substances Act,”
P.L.1970, c.226 (C.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 (C.4:28-6 et al.)
as long as said hemp does not contain more than the State and/or Federal
allowable limits of Delta-8-Tetrahydrocannabinol or Delta-9-Tetrahydrocannabinol,
the compound commonly known as THC.
[Added 8-10-2021 by Ord. No. 21-16]
An organization issued a license by the Cannabis Regulatory
Commission and the Township to operate as a cannabis cultivator, cannabis
manufacturer, cannabis wholesaler, or cannabis retailer. While it
may be open to adult use, a cannabis retailer may sell medical cannabis
to qualifying patients if licensed by the State of New Jersey to do
so as a medical cannabis dispensary license holder.
[Added 8-10-2021 by Ord. No. 21-16]
A designated location operated by a licensed medical cannabis
dispensary for which both a state and local endorsement has been obtained,
that is either: (1) an indoor, structurally enclosed area of the permit
holder that is separate from the area in which sales of the dispensing
of medical cannabis occurs; or (2) an exterior structure on the same
premises as the permit holder, either separate from or connected to
the facility at which medical cannabis either obtained from the permit
holder, or brought by a person to the consumption area, may be consumed.
[Added 8-10-2021 by Ord. No. 21-16]
A building, structure, or premises used for the cultivation
or storage of cannabis. Includes the planting, propagating, cultivation,
growing, harvesting, labeling or manufacturing, compounding and storing
of cannabis for the limited purpose of this chapter. A cultivation
center may be physically separate and off-site from the associated
licensee’s cannabis dispensary. This person or entity shall
hold a Class 1 cannabis cultivator license. When connected to, or
part of, the same property by which an ATC dispenses from, it is considered
part of the ATC.
[Added 8-10-2021 by Ord. No. 21-16]
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment is delivered
to that consumer. This person or entity shall hold a Class 6 cannabis
delivery license.
[Added 8-10-2021 by Ord. No. 21-16]
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment, and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities. This person or entity shall hold a Class 4 cannabis distributor
license.
[Added 8-10-2021 by Ord. No. 21-16]
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
wholesalers, or retailers, but not to consumers. This person or entity
shall hold a Class 2 cannabis manufacturer license.
[Added 8-10-2021 by Ord. No. 21-16]
A person or entity licensed as a cannabis cultivator, cannabis
manufacturer, cannabis wholesaler, cannabis distributor, cannabis
retailer, or cannabis delivery service that may only, with respect
to its business operations, and capacity and quantity of product:
(1) employ no more than 10 employees; (2) operate a cannabis establishment
occupying an area of no more than 2,500 square feet, and in the case
of a cannabis cultivator, grow cannabis on an area no more than 2,500
square feet measured on a horizontal plane and grow above that plane
not higher than 24 feet; (3) possess no more than 1,000 cannabis plants
each month, except that a cannabis distributor’s possession
of cannabis plants for transportation shall not be subject to this
limit; (4) acquire each month, in the case of a cannabis manufacturer,
no more than 1,000 pounds of usable cannabis and; (5) acquire for
resale each month, in the case of a cannabis wholesaler, no more than
1,000 pounds of usable cannabis, or the equivalent amount in any form
of manufactured cannabis product or cannabis resin, or any combination
thereof; and (6) acquire for retail sale each month, in the case of
a cannabis retailer, no more than 1,000 pounds of usable cannabis,
or the equivalent amount in any form of manufactured cannabis product
or cannabis resin, or any combination thereof.
[Added 8-10-2021 by Ord. No. 21-16]
A retail facility that acquires, possesses, sells, distributes,
transmits, gives, dispenses, or otherwise provides cannabis to person
21 years and older (adult use). While it may be open to adult use,
a dispensary may sell medical cannabis to qualifying patients if licensed
by the State of New Jersey to do so. This person or entity shall hold
a Class 5 cannabis retailer license.
[Added 8-10-2021 by Ord. No. 21-16]
An entity that provides educational curriculum for business,
medical, political, legal, accounting and operations professionals
in the emerging cannabis industry. A training facility may, but is
not required to, hold any license to sell, cultivate, or manufacture
cannabis unless part of a training or mentorship program.
[Added 8-10-2021 by Ord. No. 21-16]
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers and may transport, cannabis
items for the purpose of resale or other transfer to either another
cannabis wholesaler or to a cannabis retailer, but not to consumers.
This person or entity shall hold a Class 3 cannabis wholesaler license.
[Added 8-10-2021 by Ord. No. 21-16]
A governmental acquisition of real property or a major construction
project.
An institutional or designated caregiver, as defined in the
Medical Act, who is authorized to assist with a registered qualifying
patient’s medical use of cannabis.
[Added 8-10-2021 by Ord. No. 21-16]
The New Jersey Medical Marijuana Program Identification Card,
which identifies registered caregivers under the Medical Act.
[Added 8-10-2021 by Ord. No. 21-16]
The hard paved surface of a street customarily used by vehicles
in the regular course of travel. Where there are curbs, the cartway
is the portion between the curbs. Where there are no curbs, the cartway
is that portion between the edges of the paved width or traveled way.
That portion of a building having more than 50% of its clear
height below the average finished contact grade along the outside
walls of the building. A cellar, as defined, shall not be considered
a habitable space.
Land used or intended to be used for the burial of the dead
and dedicated for cemetery purposes, including columbariums, crematories,
mausoleums and mortuaries when operating in conjunction with and within
the boundaries of such cemeteries.
A certificate issued by the construction code enforcement
official upon completion of the construction of a principal, accessory
or conditional use, or upon a change in the use of a principal, accessory
or conditional use, which certifies that all requirements of this
chapter, or such relief therefrom as has been granted pursuant to
N.J.S.A. 40:55D-70c or 40:55D-70d or N.J.S.A. 40:55D-34 or 40:55D-36,
and all other applicable requirements, have been complied with.
A signed, written statement by the appropriate officer that
specific construction, inspection, tests or notices, where required,
have been performed and that such comply with this chapter.
The use of a building or land which is in any manner different
from the previous use by way of function, operation, extent, products
sold or manufactured, or external impact, but not including a change
in ownership or occupancy unless the nature of intensity of the use,
as described above, is changed.
An establishment or person who, for compensation, provides
currency in exchange for payment instrument received.
[Added 6-11-2013 by Ord. No. 13-18]
A facility duly licensed by the New Jersey State Department
of Human Services for the daytime accommodation of six or more children.
Child-care centers shall be a permitted use in all nonresidential
districts of a municipality. The floor area occupied in any building
or structure as a child-care center shall be excluded in calculating
any parking requirements otherwise applicable to the number of units
or amount of floor space, as appropriate, under state or local laws
or regulations adopted thereunder, and the permitted density allowable
for that building or structure under any applicable municipal zoning
ordinance.
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.
An entity that has a written contractual relationship with
an academic medical center in the region in which it has its principal
place of business, which includes provisions whereby the parties will
engage in clinical research related to the use of medical cannabis
and the academic medical center or its affiliate will provide advice
to the entity regarding patient health and safety, medical applications,
and dispensing and managing controlled dangerous substances, among
other areas.
[Added 8-10-2021 by Ord. No. 21-16]
The development of an area as a single entity according to
a plan and containing single-family detached residential dwelling
units, not exceeding the number of units possible through conventional
development for that area, which have a common public open space area
as an appurtenance.
The New Jersey Council on Affordable Housing established
under the Fair Housing Act of 1985, which has primary jurisdiction
for the administration of low- and moderate-income housing obligation
in accordance with sound regional planning considerations in the state.
[Added 5-8-2001 by Ord. No. 01-15]
Any activity involving the sale of goods or services (retail,
outlet, wholesale, food service, etc.) conducted for profit, including
sales conducted outside the building.
[Added 7-26-2011 by Ord. No. 11-17]
An owner- or non-owner-occupied building, or portion thereof,
containing one or all of the following characteristics: (i) six or
more bedroom units intended for individual occupancy; (ii) three or
more bedroom suites; (iii) three or more private bathrooms; or (iv)
two or more kitchen and kitchenette spaces. Kitchen or kitchenette
located in a recreation room of a basement not considered primary
living space or is designed to meet minimal living space requirements
are excluded.
[Added 7-24-2018 by Ord.
No. 18-17]
A parcel of land or an area of water, or a combination of
land and water, together with improvements thereon, designed and intended
for the ownership, use and enjoyment of and shared by the owners of
such property. Common property may include, but is not limited to,
developed and undeveloped open spaces, recreational buildings, facilities
and amenities, parking facilities, private streets, walks and walkways,
and landscaped detention basins. Such property shall be owned, regulated
and maintained by a homeowners' association pursuant to all requirements
of this chapter.
Any community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and
personal guidance, under such supervision as required, to not more
than 15 developmentally disabled or mentally ill persons who require
assistance, temporarily or permanently, in order to live in the community,
and shall include, but not be limited to, group homes, halfway houses,
intermediate care facilities, supervised apartment living arrangements,
and hostels. Such a residence shall not be considered a health care
facility within the meaning of the Health Care Facilities Planning
Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.). In the case of
such a community residence housing mentally ill persons, such residence
shall have been approved for a purchase of service contract or an
affiliation agreement pursuant to such procedures as shall be established
by regulation of the Division of Mental Health and Hospitals of the
Department of Human Services. As used in this definition, "developmentally
disabled person" means a person who is developmentally disabled as
defined in section 2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2), and
"mentally ill person" means a person who is afflicted with a mental
illness as defined in N.J.S.A. 30:4-23, but shall not include a person
who has been committed after having been found not guilty of a criminal
offense by reason of insanity or having been found unfit to be tried
on a criminal charge.
[Added 2-27-2003 by Ord. No. 03-07]
A community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and
personal guidance, under such supervision as required, to not more
than 15 persons with head injuries who require assistance, temporarily
or permanently, in order to live in the community, and shall include,
but not be limited to; group homes, halfway houses, supervised apartment
living arrangements, and hostels. Such a residence shall not be considered
a health care facility within the meaning of the Health Care Facilities
Planning Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.).
[Added 2-27-2003 by Ord. No. 03-07]
Any community residential facility operated as a hospice
program providing food, shelter, personal guidance and health care
services, under such supervision as required, to not more than 15
terminally ill persons.
[Added 2-27-2003 by Ord. No. 03-07]
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by regulation
of the Department of Human Services pursuant to P.L. 1979, c. 337
(N.J.S.A. 30:14-1 et seq.), providing food, shelter, medical care,
legal assistance, personal guidance, and other services to not more
than 15 persons who have been victims of domestic violence, including
any children of such victims, who temporarily require shelter and
assistance in order to protect their physical or psychological welfare.
[Added 2-27-2003 by Ord. No. 03-07]
An application for development shall be complete for purposes of commencing the applicable time period for action by the Planning Board or Zoning Board of Adjustment, as the case may be, when so certified by the Board or its authorized designee as indicated in Article VIII of this chapter. In the event the application is not certified to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period for action by the Board unless the application lacks information indicated on a checklist adopted by ordinance and provided to the applicant and the Board or its authorized designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the Board or its designee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he/she is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval are met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Board.
The endorsement by the Township Council of an applicant and
application for state licensure through the Commission, in accordance
with the Adult Use Act. If awarded, the conditional permit becomes
unconditional for a two- year period.
[Added 8-10-2021 by Ord. No. 21-16]
See "use, conditional."
A building or part thereof that contains six or more sleeping
units where an individual or family has a private bedroom or living
quarters but shares with other residents a common dining room, recreational
room, or other facilities.
[Added 7-24-2018 by Ord.
No. 18-17]
The placing of any material in the hand of another, but retaining
ownership until the goods are sold or person is transferred. This
may be done for shipping, transfer of goods to auction, or for sale
in a store. To consign means to send and therefore consignment means
sending goods to another person. In case of consignment, goods are
sent to the agent for the purpose of sale. The ownership of these
goods remains with the sender. The agent sells the goods on behalf
of the sender, according to his instructions. The sender of goods
is known as "consignor" and the agent is known as the "consignee."
[Added 6-11-2013 by Ord. No. 13-18]
The joining of two or more existing lots by deed, plan or
other recorded instrument.
A qualified person appointed by the municipal appointing
authority to enforce and administer the regulations of the Uniform
Construction Code, also known as a Construction Official.
A qualified person appointed by the municipal appointing
authority to enforce and administer the regulations of the Uniform
Construction Code.
The location of a building or site improvement project for
which a building or other development permit has been issued and involving
at least 100 square feet of floor area or 200 square feet of site
area.
[Added 4-9-2013 by Ord. No. 13-13]
[Added 6-9-2015 by Ord.
No. 15-17]
Typically between 2,500 and 6,000 square feet;
Has off-street parking and/or convenient pedestrian access;
Extended hours of operation with many open 24 hours, seven days
a week;
Stock at least 500 stock-keeping units (SKUs); and
Product mix includes grocery-type items and also includes items
from the following groups: beverages, snacks (including confectionery),
and ancillary sale of tobacco products, tobacco-related products,
and smoking paraphernalia.
[Amended 10-25-2022 by Ord. No. 22-17]
A retail establishment selling primarily food products, auto
products, household items, newspapers and magazines, candy, and beverages,
a limited amount of freshly prepared foods such as sandwiches and
salads for both on- and off-premises consumption, ancillary sale of
smoking paraphernalia and tobacco-related products and tobacco products,
and which may have a related, adjacent automobile gas dispensing service
station.
[Added 7-26-2011 by Ord. No. 11-17; amended 10-25-2022 by Ord. No.
22-17]
Development other than cluster development.
A composite of the Master Plan for the physical development
of Mercer County, with the accompanying maps, charts, plats and descriptive
and explanatory matter adopted by the Mercer County Planning Board
pursuant to N.J.S.A. 40:27-2 and 40:27-4.
The Mercer County Planning Board, as defined in § 1
of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.1 et seq.).
A space connected at one end to either a public or private
street, bounded on at least two sides by buildings, and containing
parking facilities, landscaping elements, walkways, lighting and other
similar facilities constructed to service a development.
BUILDING COVERAGEThe proportion of the lot or tract area, expressed as a percentage of the total lot or tract area, which is covered by the horizontal plane around the periphery of the foundations of the principal building and all accessory buildings.
IMPROVEMENT OR IMPERVIOUS COVERAGEThe proportion of the lot or tract area, expressed as a percentage of the total lot or tract area, which is covered by impermeable surfaces which do not absorb surface water directly into the underlying ground, including, but not limited to, parking lots, streets, driveways, aisles, walkways and any other hardscape surface.
LOT COVERAGEA percentage figure, calculated by dividing the total lot or tract areas into the sum of the total building and the total area devoted to impervious or improvement coverage, as defined.
The turnaround at the end of a dead-end private or public
street, constructed in conformance with this chapter.
A vehicular turnaround, at a temporary dead-ended street,
developed for the convenience of residents, service agencies and emergency
equipment; geometry and location to be determined by the Board. Responsibility
for demolition and reparation of the temporary cul-de-sac area shall
remain with the adjacent applicant responsible for the street extension.
The officially established grade of the curb in front of
the midpoint of the site.
Calendar days.
A banner used for decorative purposes only and not intended
or used to identify or draw attention to any business, product or
service.
[Added 4-9-2013 by Ord. No. 13-13]
For roads and other public purpose, shall mean a deeding
of acceptance of land by the Township or county, including, but not
limited to:
The total number of dwelling units on a given tract of land
divided by the total number of acres in the tract including the area
devoted to streets built in conjunction with the development and all
land set aside or dedicated for public or common use or open space,
including easements and rights-of-way.
A drainage water management structure and its appurtenances
designed and maintained to retard water runoff generated as a result
of development.
The legal or beneficial owner or owners of a lot or any land
included in a proposed development, including the holder of an option
or contract to purchase or other person having an enforceable proprietary
interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, or any
mining, excavation or landfill, and any use or changes in use of any
building or other structure or extension of use of land, for which
permission may be required pursuant to this chapter.
Money paid by an individual, person, partnership, association,
company or corporation for the improvement of property as permitted
in N.J.A.C. 5:93-8 et seq.
[Added 5-8-2001 by Ord. No. 01-15]
A zoning, subdivision, site plan or official map ordinance
or other municipal regulation controlling the use or development of
land, or amendments thereto, adopted and filed pursuant to this chapter.
A commission created by the State of New Jersey with the
responsibility of protecting the Delaware and Raritan Canal State
Park, particularly with respect to the impact which may be produced
by development in the area of the review zone and any adverse effect
to the future Master Plan of the Canal Park. All development in the
Township must be reviewed and approved by the Commission prior to
final approval by the Board.
A sign or plate listing the tenants or occupants of a building
or buildings and which may indicate their respective professions or
business activities.
[Added 4-9-2013 by Ord. No. 13-13]
See "animal kennel."
Non-owner-occupied building, or portion thereof, designed
or converted to contain living quarters, or in a series of closely
associated rooms, containing three or more bedroom suites (containing
bed, closet and/or private bathrooms) and one or more shared kitchen
units that is occupied or intended to be occupied for persons not
members of the same family group, under joint occupancy and single
management, as in college dormitories or fraternity houses, which
are provided as residences or for overnight sleeping for individuals
or groups, operated as an accessory use to a school, college, university,
boarding school, convent, monastery, nonprofit educational institution,
religious order, or other.
[Added 7-24-2018 by Ord.
No. 18-17]
The removal of surface water or groundwater from land by
drains, grading or other means and including the control of runoff
to minimize erosion and sedimentation during and after construction
or development and the means necessary for water supply preservation
or prevention or alleviating of flooding.
The lands required for the installation and maintenance of
stormwater and sanitary sewers, detention basins, water pipes or drainage
ditches and other utilities, or required along a natural stream or
watercourse for preserving the channel and providing for the flow
of water therein to safeguard the public against flood damage. This
also includes utility easements granted to Public Service Electric
and Gas Company, New Jersey Bell Telephone Company, Ewing-Lawrence
Sewerage Authority or other utility companies.
An adequately maintained private roadway providing access
from a publicly owned road, street or highway to off-street parking
facilities and/or structures including dwellings, all situated within
a lot.
An area inclusive of property used for school purposes by
any publicly funded primary school, whether or not owned by such school,
within 1,000 feet of any such property. As it pertains to medical
cannabis establishments and adult use cannabis businesses, it does
not include parks and other public facilities.
[Added 8-10-2021 by Ord. No. 21-16]
A pharmacy operated by licensed pharmacists and which may
include ancillary convenience retail sales of non-pharmaceutical products
and clinical services.
[Added 10-25-2022 by Ord. No. 22-17]
A room or series of connected rooms wholly used for residential
purposes and containing living, cooking, sleeping and sanitary facilities
for one housekeeping unit. The dwelling shall be self-contained and
shall not require the use of outside stairs to other than the first
floor, the passing through another dwelling or other indirect route(s)
to get to any portion of the dwelling, nor shall there be sharing
of facilities with other housekeeping units. A dwelling unit may not
contain more than six bedroom units, or four bedroom units and two
bedroom suites. The dwelling may not contain more than two private
bathrooms serving a bedroom or group of bedrooms not directly opening
to a common hallway. Dwelling units may contain more than one kitchen
with such kitchen being permitted within a basement area that is with
or without a recreational area; excluding outdoor grill/kitchen areas.
Dwellings exceeding these standards are considered commercial rooming
units unless owner occupied. Owner-occupied units exceeding these
standards will be considered single-family homes subject to site plan
review and approval by the Planning Board. A dwelling unit containing
more than six bedroom units, or four bedroom units and two bedroom
suites, or more than two private bathrooms serving a bedroom or group
of bedrooms not directly opening to a common hallway, or dwelling
units containing more than two kitchens outside a recreational area
located within a basement area requires site plan review and approval
by the Planning Board.
[Amended 7-24-2018 by Ord. No. 18-17]
A single-family attached unit, separated by a soundproof
and fire wall along a lot line/party wall, extending from the ground
to the roofline, situated in a building of not less than three units
nor more than six units, except as provided herein, with distinct
and noncommunicating parts, no two dwelling units served by the same
exterior door, and each dwelling unit having a front and rear door.
A residential dwelling physically detached from other buildings
or portions of buildings and which has its own sleeping, cooking,
sanitary and general living facilities.
A building or group of buildings not more than 2 1/2
stories in height, designed as a single architectural and maintenance
project, in which no building shall contain less than six dwelling
units nor more than 12 dwelling units and common hallways are not
used. No portion of any such building or buildings below the first
floor or above the second floor shall be included as habitable floor
area, and each apartment unit shall be served by at least one door
directly to the outside.
A single-family attached multifloor unit, situated in a building
of not more than three stories and 45 feet in height, and not less
than three units nor more than 12 units, no two dwelling units served
by the same exterior door, and each dwelling unit having two points
of ingress and egress; a portion of one unit may be located over and/or
share a story with another unit.
[Added 5-23-2006
by Ord. No. 06-18]
A use or burden imposed on real estate by deed or other legal
instruments to permit the use of private land by other persons, the
Township or other governmental authorities for public or quasi-public
uses.
Signage the display messages electronically.
[Added 4-9-2013 by Ord. No. 13-13]
The Township Engineer.
A facade which contains or incorporates within its borders
the primary public entry. The entry facade area is that portion of
the structure corresponding to an individual activity or occupant
situated therein and shall be measured horizontally and vertically
to the limits of the activity. In case of freestanding circular or
multifaceted structures containing one individual activity or occupant,
horizontal distance shall be limited to 1/4 of the building perimeter
measured along the outside of the foundation wall at grade.
[Added 4-9-2013 by Ord. No. 13-13]
A Township advisory body created pursuant to P.L. 1968, c.
245 (N.J.S.A. 40:56A-1 et seq.).
The value of property determined by the Township Tax Assessor
through a process designed to ensure that all property in the Township
is assessed at the same assessment ratio or ratios required by law.
The Tax Assessor, utilizing estimates for construction cost, may obtain
estimates at the time of building permit. Final equalized assessment
will be determined at project completion by the Tax Assessor.
[Added 5-8-2001 by Ord. No. 01-15]
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
A comprehensive plan indicating the required land treatment
measures, including a schedule of timing for their installation, which
will effectively minimize soil erosion and sedimentation. Such measures
shall be equivalent to or exceed standards adopted by the New Jersey
Soil Conservation Commission and administered by the Mercer County
Soil Conservation District.
That energy produced beyond the annual average energy residential
use.
[Added 9-12-2017 by Ord.
No. 17-23]
Any land and associated buildings and structures whose primary
function is the retail dispensing of vehicular fuel, which was in
existence prior to January 1, 1991, and may include such secondary
or accessory functions as may be related to the primary function with
the exception of car wash operations, car or truck rental, and parking
for a fee.
The addition to, enlargement of or increase in the structure(s)
or parking areas necessary to a land use activity or the level at
which such activity is carried on, including, but not limited to,
noise, glare, traffic or other measurable effects generated by the
activity.
The total wall surface, including door and window area, of
a building's principal face.
[Added 4-9-2013 by Ord. No. 13-13]
Any number of persons related by blood, adoption, marriage,
or living together as a single housekeeping unit and using certain
rooms and housekeeping facilities in common.
The private residence of a family day-care provider which
is registered as a family day-care home pursuant to the Family Day
Care Provider Registration Act, P.L. 1987, c. 27 (N.J.S.A. 30:5B-16
et seq.) and approved by the Division of Youth and Family Services.
When care is provided for payment, the number of children unrelated
to the provider may be no less than three and no more than five and
care must be for not less than 15 hours a week. Pursuant to N.J.S.A.
40:55D-66.5b, family day-care homes shall be a permitted use in all
residential districts of a municipality. The requirements for family
day-care homes shall be the same as for single-family dwelling units
located within such residential districts as per N.J.S.A. 40:55D-66.5b.
An area of land consisting of at least five contiguous acres
actively devoted to agricultural or horticultural uses and/or the
ownership, care, breeding or raising of animals. Farm activity shall
be deemed to include on-site residences for farm owners and employees.
Customary accessory uses, such as, but not limited to, barns, silos,
garages, storage buildings, greenhouses, equipment, machinery and
trucks are included in this definition, except that commercial piggeries
are excluded.
Any establishment, which provides as a principal use, the
sale of food, frozen desserts, or beverages in ready-to-consume state
for consumption either within the restaurant, within a motor vehicle
parked on the premises, or off-premises, and whose design or principal
method of operation includes one or more of the following characteristics:
[Added 8-13-2013 by Ord. No. 13-32]
Food, frozen desserts, or beverages are served in edible containers
or in paper, plastic or other disposable containers. Eating utensils,
if provided, are disposable.
Food, frozen desserts, or beverages are usually served over
a general service counter for the customer to carry to a seating facility
within the restaurant, to a motor vehicle or off-premises. If consumed
on premises, customers generally are expected to clear their own tables
and dispose of their trash.
Forty-five percent or more of the gross floor area of the establishment
is devoted to food preparation, storage and related activities which
space is not accessible to the general public.
Food, frozen desserts, or beverages are served to the occupants
of motor vehicles while seated therein, such as through a drive-in
window.
For the purpose of this chapter, a fast-food restaurant shall
not be deemed an eating establishment.
Sand, gravel, earth or other materials of any composition
placed or deposited by any person or persons.
Densely vegetated, often grassed areas that accept sheet
flow runoff from adjacent surfaces, designed to slow runoff; filter
out sediment and other pollutants; and enhance infiltration of surface
water runoff.
[Added 3-18-2013 by Ord. No. 13-08]
See "approval."
See "plat or plan."
An area of paved surface, clearly defined by pavement markings
and signs, at least 12 feet wide, along the facade of shopping centers
and groups of stores and offices containing a gross floor area of
10,000 square feet or more.
A qualified person appointed by the Township Council to enforce
those portions of any subcode specifically designated for such enforcement
in Subchapter 3 of the Uniform Construction Code.
An area clearly delineated and marked to facilitate access
to hydrants and buildings and as designated by the chief of the fire
district in which the building, structure or use is situated.
An illuminated sign in which the artificial light is intermittent
or is not maintained in a stationary position or constant intensity.
[Added 4-9-2013 by Ord. No. 13-13]
A temporary overflow of lands not normally covered by water
usually caused by a rise in streamflow due to an accelerated accumulation
of runoff of surface water from any source. This does not include
ponding of surface water.
The maximum state or elevation reached by the water of a
flood at a given location.
The relative size or magnitude of a flood, expressed as a
design discharge in cubic feet per second, which is developed from
hydrologic criteria and flood potential and is the basis of the delineation
of the floodway and the flood hazard area and of the water surface
elevation thereof.
The elevation of the water surface of the floodway design
flood and the flood hazard area design flood as shown on flood maps.
Any obstruction within a delineated floodway.
The portion of the flood hazard area beyond the floodway.
That area encompassing the floodway and adjacent portions
of the floodplain except that in no case shall it exceed the elevation
established for the floodplain.
An official map of the Township on which has been delineated
the special flood hazard areas in the Township for flood insurance
purposes.
The relatively flat areas adjoining a river, stream, watercourse
or other body of standing water that have been or may be covered by
floodwater.
The greatest flood in a given area for which accurate records
are available or the flood hazard areas, whichever is greater.
A grant of relief by the Planning Board from the provisions
of this chapter which permits limited construction in a manner otherwise
prohibited because enforcement of regulations would result in unnecessary
hardship.
The flood that may be expected from the most severe combination
of meteorological and hydrological conditions that are considered
reasonably characteristic of the geographical area in which the drainage
basin is located, excluding extremely rare conditions.
The portions of the floodplain adjoining the channel or watercourse
which are required and must be reserved in order to reasonably discharge
the floodwater or floodway design flood of any natural watercourse.
The total floor area in a building measured by using the
outside dimensions of the building at each story or floor. The floor
area of units, stories, contiguous buildings, etc., sharing a common
wall shall be measured from the center of interior walls and the outside
of exterior walls. In residential uses, the gross floor area shall
exclude the area of the garage, attics not used as primary living
spaces, the portions of half-story floors where the rooms with sloped
ceilings have ceiling heights that are less than six feet, open and
enclosed porches which are not heated and cannot be counted as primary
living spaces, balconies, patios, cellar or basement and associated
entrances, exterior stairs, and chimneys projecting beyond the exterior
face of the walls of the structure or building. In nonresidential
uses, the gross floor area shall exclude, but not be limited to, accessory
buildings, whether attached or detached; loading areas, whether roofed
or unroofed; exterior stairways or stairwells; mechanical equipment
not situated within the exterior walls of the building; and indoor
parking areas.
[Amended 10-10-2006 by Ord. No. 06-31; 3-18-2013 by Ord. No.
13-08]
The total floor area designed for tenant occupancy and exclusive
use, including mezzanines and upper floors, if any, expressed in square
feet and measured from the center line of joint partitions and from
outside wall faces.
[Amended 3-18-2013 by Ord. No. 13-08]
The ratio of the gross floor area to the area of the lot
or tract.
A self-supporting sign that is not attached to any building,
wall or fence, but is in a fixed position and location.
[Added 4-9-2013 by Ord. No. 13-13]
All the property on one side of a street between lot lines
and between intersecting or intercepting streets or between a street
and a railroad right-of-way, alley, waterway and/or dead-end street
or a municipal boundary measured along the street line. An intercepting
street shall determine only the frontage on the side of the street
which it intercepts.
Any sign attached to, painted upon or erected against the
facade of a gas station fuel pump canopy structure.
[Added 4-9-2013 by Ord. No. 13-13]
An accessory building or a portion of the principal building
used only for the storage of one or more motor vehicles as an accessory
use and maintained for the convenience of the resident occupant of
the premises and no service is rendered to the public or business
conducted therein.
A building or portion thereof, other than a private garage,
used for the storage, care and repair of motor vehicles customarily
used for private transportation, local school buses, commercial vehicles,
farm equipment and farm vehicles. A public garage shall not be used
for the storage of dismantled or wrecked motor vehicles or machinery
or parts thereof or for the collection, storage and sale of wastepaper,
scrap metal or discarded materials.
The occasional sale of unwanted personal and household goods,
usually held outdoors and usually at the residence of the sellers.
[Added 4-9-2013 by Ord. No. 13-13]
An establishment that may include gasoline, CNG and low-flow
diesel sales, service repairs for automobiles, but no convenience
retail establishment included on premises, although limited sales
of quarts of oil or other auto-related fluids, as well as ancillary
sale of tobacco products, tobacco-related products and smoking paraphernalia,
may be offered.
[Added 6-9-2015 by Ord.
No. 15-17; amended 10-25-2022 by Ord. No. 22-17]
A members-only private club of a type and does not feature
activities typically found in an adult establishment or sexually oriented
business.
[Added 6-11-2013 by Ord. No. 13-18]
A tract of land of 125 or more contiguous acres, containing
a full-size professional eighteen-hole golf course, together with
appropriate accessory uses and structures, such as, but not limited
to, driving ranges, club house facilities, dining and refreshment
facilities, swimming pools, tennis courts and the like, provided that
the operation of such facilities are incidental and subordinate to
the operation of the golf course.
The Township Council of the Township.
The average finished ground elevation adjoining a building
or any other portion of the development, or the slope of the watercourse,
pipes and conduits, roads, paths, driveways, swales or other surfaces.
The elevation of the center line of streets or roads as officially
established by Township, county or state authorities.
The completed surface of lawns, walks, streets or roads brought
to grades as shown on official plans or designs related thereto.
Any stripping, cutting, filling, stockpiling or any combination
thereof and shall include the land in its cut or fill position.
Development designed to mimic natural processes, requiring
less maintenance. Examples of green technology include, without limitation,
measures typically incorporated into the landscaping which are designed
to address water quality, and include treatments such as ponds.
[Added 3-18-2013 by Ord. No. 13-08]
The total area within lot lines, including utility easements,
watercourses, marginal and fragile areas and the like but excluding
any land required for existing street and road widening, expressed
in square feet and acres.
A sign which generally has its entire bottom in contact with
or in close proximity to the ground. Such a sign must be mounted on
a base or post and panel consisting of materials such brick, stone,
textured coatings or wood. Building permit required.
[Added 4-9-2013 by Ord. No. 13-13]
Any residence, home or use for which the owner, occupants
or lessee claims an exemption from zoning restrictions on account
of N.J.S.A. 40:55D-66 and 40:55D-67.
The area in a dwelling including the basement, as defined,
and improved for living purposes, working, sleeping, eating, cooking
or recreational activities or a combination thereof. A floor used
solely for storage purposes shall not be considered a habitable floor.
The retail sales of paraphernalia used for consumption of
tobacco, cannabis, recreational drugs, vaporizers and/or "vape" products,
legal highs, legal party powders and New Age herbs, as well as counterculture
art, magazines, music, clothing, and home decor.
[Added 6-11-2013 by Ord. No. 13-18; amended 10-25-2022 by Ord. No.
22-17]
A variety of the Cannabis sativa plant species that is grown
specifically for industrial use. It can be used to make a wide range
of products including paper, rope, textiles, clothing, biodegradable
plastics, paint, insulation, biofuel, food, and animal feed. Regulated
through the USDA, the allowable amount of total THC may not exceed
0.3% at harvest.
[Added 8-10-2021 by Ord. No. 21-16]
An establishment contained in one or more buildings used
for the accommodation of transient lodgers in suites or rooms which
may or may not include a cooking area and related appurtenances in
every guest room and which have ancillary services designed to serve
the occupants of the facility, including but not limited to limited
business reception services, restaurant, meeting areas and limited
service dining facilities.
[Added 11-28-2000 by Ord. No. 00-30]
Any building, structure, area or property that is significant
in the history, architecture, archeology or culture of this state,
its communities or the nation and has been so designated.
An incorporated organization operating in a development under
recorded land agreements through which each lot owner shall be a member
and each dwelling unit is subject to a charge for a proportionate
share of the expenses for the organization's activities and maintenance,
including any maintenance costs levied against the association by
the Township, and each owner and tenant has a right to use the common
property.
A sign lighted by an exterior or interior artificial light
source.
[Added 4-9-2013 by Ord. No. 13-13]
Any material which generally reduces or prevents absorption
of stormwater into previously undeveloped land. Retention and detention
basins and dry wells permitting water to percolate directly into the
ground shall not be considered as impervious surfaces.
Any inflated display used on a permanent or temporary basis
to advertise a product or event.
[Added 4-9-2013 by Ord. No. 13-13]
A grade-separated, bridged, system of access to and from
an interstate highway where vehicles may move to or from the interstate
highway and another roadway without crossing mainline streams of traffic.
The limits of an interchange are the point on the roadway system where
the right-of-way width to accommodate on or off ramps deviates from
the right-of-way width of the remainder of the roadway.
[Added 7-14-2009 by Ord. No. 09-12]
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey; in the case of a civil proceeding in any
court or in an administrative proceeding before a municipal agency,
any person, whether residing within or without the municipality, whose
right to use, acquire or enjoy property is or may be affected by any
action taken under this chapter, or whose rights to use, acquire or
enjoy property under this chapter or under any other ordinance of
this municipality or any law of the state or of the United States
have been denied, violated or infringed by an action or a failure
to act under N.J.S.A. 40-55D-1 et seq.
Signs located on the interior of a building or property and
which are visible from the exterior of said building or property.
[Added 4-9-2013 by Ord. No. 13-13]
Any sign whose sole source of artificial illumination is
contained within the display portion of the sign, including neon-type
signs and internally and back-lit signs.
[Added 4-9-2013 by Ord. No. 13-13]
An area, lot or parcel, with or without buildings, used for
the deposit, storage, sale or abandonment of junk, including scrap
metal and other materials, or for the dismantling, demolition or abandonment
of any nonoperable mechanical equipment, machinery or unregistered
vehicles, or parts thereof. A junkyard shall not include any of the
foregoing uses which are accessory and incidental to any agricultural
or industrial use permitted in the district.
A room, or portion thereof, used for the purposes of food
preparation. Kitchens typically include, but are not limited to, spaces
for food preparation, refrigerator, stove and/or oven, dishwasher,
microwave, sink and/or washtub.
[Added 7-24-2018 by Ord.
No. 18-17]
A room, or portion thereof, used for the purposes of food
preparation. Kitchenettes differ from kitchens in that they do not
contain stoves and/or oven appliances, although they may contain hotplates.
Microwaves may be utilized however.
[Added 7-24-2018 by Ord.
No. 18-17]
Natural features such as trees, water, earth, etc., and improvements
and fixtures such as, buildings, structures, fencing, etc., extending
above or below the surface.
Any activity involving clearing, grading, filling, cutting,
excavating or other activity which causes land to be exposed to the
danger of erosion.
The legal or beneficial owner of land, including the holder
of an option or contract to purchase or other person having an enforceable
proprietary interest in such land.
An area of land restricted to landscape elements, which may
include lawns, berms, planting, natural features, fencing, lighting,
pedestrian walkways, but not including structures, storage of materials,
motor vehicle parking or driveways, extending along the side and rear
lot line. The width of a landscape buffer, as prescribed by this chapter,
shall be measured at right angles to the lot line.
A strip of land restricted to landscape elements, which may
include lawns, trees, plantings, natural features, berms, hedging,
lighting, signs as provided by this chapter, access drives crossing
said strip, but not including vehicle parking. The strip shall be
extended along the entire frontage of the lot. The width of a landscape
strip, as prescribed by this chapter, shall be measured at right angles
to the front lot line.
A building, structure or premises with a floor area of a
minimum of 75,000 square feet in which commercial/retail uses and
services are provided, with subsidiary adjacent automobile gas dispensing
service stations and outside sales areas permitted.
[Added 7-26-2011 by Ord. No. 11-17]
An off-street loading and unloading space for commercial
vehicles, in a building or on a lot, with proper access from a street,
road, highway or service driveway, shall be provided in districts
prescribed by this chapter. A space shall be on the same lot with
the principal building or group of buildings. No loading space shall
be permitted in any front yard. Blocking or other interfering with
the use of automobile accessway, parking facilities, fire lanes, fire
zones or pedestrianways is prohibited. No loading space shall be designed
and constructed to provide for backing out into any street.
Any parcel of land separated from other parcels by a subdivision
plat or deed of record, survey map or by metes and bounds, intended
to be occupied by one or more buildings and the accessory buildings
or uses customarily incidental to it, together with the open spaces
required by this chapter, and having frontage on an improved or approved
street. Contiguous undersized lots under one ownership shall be considered
one lot and except further that no portion of an existing public street
shall be included in calculating the lot boundaries or areas.
The area contained within lot lines, as defined, but not
including any portion of an existing or proposed street or road right-of-way
and always expressed in square feet and/or acres.
A lot at the junction of and abutting on two or more intersecting
streets. Corner lots shall be deemed to have two or more front yards
and one rear yard, which shall be opposite the front door of the dwelling
or building. An applicant may, subject to the approval of the Planning
Board, designate one yard as a side yard for purposes of complying
with provisions of this chapter.
See "coverage."
The shortest horizontal distance between the front lot line
and a line drawn parallel to the front lot line through the midpoint
of the rear lot line.
The horizontal distance measured along the street right-of-way
line between the two intersecting side lot lines, except that along
curved street alignments, the minimum distance between side lot lines,
as measured along the outside radius of a street line, may be reduced
to 2/3 of the lot frontage distance required by this chapter. On corner
lots, the lot frontage is measured between the side lot line and the
point of intersection of the street right-of-way lines. All corner
lot frontage must comply with the minimum requirements, as defined.
If streets are along curves, the frontage shall be measured along
the arc of the curve between the lot lines, and not along the chords
of the curve.
A lot other than a corner lot.
A line forming a portion of the exterior boundary of a lot.
A lot extending between an arterial or collector road and
a local street or minor street with vehicular access solely from such
local or minor street.
A lot which has been recorded in the Mercer County Clerk's
Office.
A lot having frontage on two streets which do not intersect
with each other at the boundaries of the lot. A through lot shall
have two front yards and two side yards, but shall have no rear yard,
except that the applicant shall indicate which of the two front yards
shall be designated as the front yard. The other front yard shall
not contain any permitted accessory uses and shall be treated and
landscaped in a manner consistent with other adjacent front yards
in the area.
A fee simple parcel of land within a townhouse development
or other development which complies with all requirements of this
chapter.
The distance between side lot lines, measured parallel or
concentric to the front lot line at the minimum front yard setback
line as required in each district. Along curved streets, the measurement
shall be along the arc of the curve between side lot lines, and not
along the chord.
The distance between a side lot line and an intersecting
street or streets at the minimum front yard setback line as required
in each district.
Any security, other than cash, acceptable to the Township
Council, to assure the maintenance of duly approved improvements installed
by the developer after final acceptance of the improvement and in
accordance with all requirements of this chapter.
See "subdivision, major."
A composite of one or more written and/or graphic proposals
for the future physical development of the Township prepared and adopted
pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-28.
The chief executive of the Township.
Refers to the New Jersey Jake Honig Compassionate Use Medical
Cannabis Act, P.L. 2009, c. 307 (approved January 18, 2010), amended
by P.L. 2019, c. 153 (approved July 2, 2019), codified at N.J.S.A.
24:6I-1 et seq.
[Added 8-10-2021 by Ord. No. 21-16]
An organization issued a permit by the Commission to operate
as a medical cannabis cultivator, medical cannabis manufacturer, or
medical cannabis dispensary. The term “medical cannabis establishment”
shall also mean “alternative treatment center” or “medical
cannabis alternative treatment center (ATC)” as defined under
the Medical Act.
[Added 8-10-2021 by Ord. No. 21-16]
An organization issued a permit by the permitting authority
that authorizes the organization to: possess and cultivate cannabis
and deliver, transfer, transport, distribute, supply, and sell medical
cannabis and related supplies to other medical cannabis cultivators
and to medical cannabis manufacturers and dispensaries, as well as
to plant, cultivate, grow, and harvest medical cannabis for research
purposes. For the purposes of zoning, this shall include the building,
structure, or premises used for the cultivation or storage of medical
cannabis. A medical cannabis cultivation center may be physically
separate and off-site from an associated medical cannabis dispensary.
When connected to, or part of, the same property as a medical cannabis
dispensary, the medical cannabis cultivation center shall be considered
part of the medical cannabis dispensary.
[Added 8-10-2021 by Ord. No. 21-16]
An organization issued a permit by the permitting authority
that authorizes the organization to: purchase or obtain medical cannabis
and related supplies from medical cannabis cultivators; purchase or
obtain medical cannabis products and related supplies from medical
cannabis manufacturers; purchase or obtain medical cannabis, medical
cannabis products, and related supplies and paraphernalia from other
medical cannabis dispensaries; deliver, transfer, transport, distribute,
supply, and sell medical cannabis and medical cannabis products to
other medical cannabis dispensaries; furnish medical cannabis, including
medical cannabis products, to a medical cannabis handler for delivery
to a registered qualifying patient, designated caregiver, or institutional
caregiver consistent with the requirements of the Medical Act; and
possess, display, deliver, transfer, transport, distribute, supply,
sell, and dispense medical cannabis, medical cannabis products, paraphernalia,
and related supplies to qualifying patients, designated caregivers,
and institutional caregivers. For the purposes of zoning, this shall
include the building, structure, or premises used for the dispensing
of medical cannabis. No adult use cannabis business-related activities
may take place within an ATC dispensary unless granted a zoning permit
by the Township Zoning Official.
[Added 8-10-2021 by Ord. No. 21-16]
An organization issued a permit by the permitting authority
that authorizes the organization to: purchase or obtain medical cannabis
and related supplies from a medical cannabis cultivator; purchase
or obtain medical cannabis products from another medical cannabis
manufacturer; produce, manufacture, or otherwise create medical cannabis
products; and possess, deliver, transfer, transport, distribute, supply,
and sell medical cannabis products and related supplies to other medical
cannabis manufacturers and dispensaries. For the purposes of zoning,
this shall include the building, structure, or premises used for the
manufacturing of medical cannabis products.
[Added 8-10-2021 by Ord. No. 21-16]
The acquisition, possession, transport or use of cannabis
or paraphernalia by a registered qualifying patient as authorized
by the Medical Act.
[Added 8-10-2021 by Ord. No. 21-16]
See "site plan, minor."
See "subdivision, minor."
The New Jersey Medical Marijuana Program Identification Card,
which identifies registered qualifying patients under the Medical
Act.
[Added 8-10-2021 by Ord. No. 21-16]
A yard or paved lot in private ownership where one or more
unregistered or disabled motor vehicles are stored in the open and
not being restored to operating condition. For purposes of this chapter,
motor vehicle storage yards shall not be permitted in any zone within
the Township of Ewing.
An establishment that includes gasoline, CNG and low-flow
diesel sales, with a convenience retail establishment located on premises,
but not service repairs for automobiles.
[Added 6-9-2015 by Ord.
No. 15-17; amended 10-25-2022 by Ord. No. 22-17]
The Township of Ewing.
The Planning Board, Board of Adjustment or governing body,
or any agency created by or responsible to one or more municipalities
when acting pursuant to N.J.S.A. 40:55D-1 et seq.
N.J.S.A. 40:55D-1 et seq.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Township or other public body, and is designed and used for
collecting and conveying stormwater.
[Added 1-26-2016 by Ord.
No. 16-01]
Any sign made up of illuminated tubing.
[Added 4-9-2013 by Ord. No. 13-13]
A building, structure or sign, the size, location, height
or setback of which was lawful prior to the adoption, revision or
amendment of the Zoning Ordinance, but which fails to conform to the
requirements of the zoning district in which it is located by reasons
of such adoption, revision or amendment.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of the 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.
Any sign existing on the effective date of this article,
or amendment thereto, which is rendered nonconforming because it does
not conform to all the standards and regulations of said article.
[Added 4-9-2013 by Ord. No. 13-13]
A use or activity, which was lawful prior to the adoption,
revision or amendment of the Zoning Ordinance, but which fails to
conform to the requirements of the zoning district in which it is
located by reasons of such adoption, revision or amendment.
An offensive, annoying, unpleasant or obnoxious thing or
practice, a cause or source of annoyance, especially a continuing
or repeating invasion or disturbance or another's rights, including
the actual or potential emanation of any physical characteristics
or activity or use across a property line which can be perceived by
or affects a human being, or the generation of an excessive or concentrated
movement of people or things, such as but not limited to:
Noise.
Dust.
Smoke.
Fumes.
Odor.
Glare.
Flashes.
Vibrations.
Shock waves.
Heat.
Electronic or atomic radiation.
Objectionable effluent.
Noise of congregation of people, especially
at night.
Passenger traffic.
Transportation of things by truck, rail or other
means.
Invasion of nonabutting street frontage by parking.
The obscuring or masking of adjacent or nearby
property by projecting signs, marquees or canopies.
Any adverse effect on value or desirability
of nearby property caused by such matters as incongruous appearance,
exposed storage or inoperable automobiles, junk materials and neglect
or dilapidation of lands or buildings.
A nonresidential use for general business, professional,
medical and health care related facilities, educational or administrative
functions which may contain ancillary personal service uses typically
located within a building or buildings that may be single or multi-tenanted
for the use of employees and guests.
[Added 7-14-2009 by Ord. No. 09-12]
A map, with changes and additions thereto, adopted and established,
from time to time by resolution of the Board of Chosen Freeholders
of the County of Mercer, pursuant to N.J.S.A. 40:27-5.
A map adopted in accordance with the Municipal Land Use Law,
which map shall be deemed conclusive with respect to the location
and width of streets and roads, drainage rights-of-way and location,
dimensions and size of parks and playgrounds, shown thereon.
A sign which 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.
[Added 4-9-2013 by Ord. No. 13-13]
Located outside the lot lines of the lot in question but
within the property of which the lot is a part, which is the subject
of a development application or contiguous portion of a street, a
right-of-way or watercourse.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street, a right-of-way
or watercourse.
Located on the lot in question or on a contiguous portion
of a street, a right-of-way or watercourse.
Located on the property which is the subject of a development
application or on a contiguous portion of a street, a right-of-way
or watercourse.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated 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 specifically
designed to be incidental to the natural openness of the land.
An open space area within and 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, including, but not limited to, walks and walkways,
tot-lots, active recreational areas and their ancillary facilities
and amenities, benches, lighting, signs, detention basins, architecturally
harmonious fences and walls, earth berms, natural and designed landscape
elements. Such common open space, excluding the area of unit lots,
and parking facilities, private streets, etc., shall be owned, maintained
and regulated by a homeowners' association or other duly constituted
organization pursuant to all requirements of this chapter.
An area within the common open space of a development and
designated as an active recreational area, including, but not limited
to, a community center and accessory structures, swimming pools, tennis
courts, tot-lots and playgrounds, required off-street parking facilities,
lighting, signs, fences, walls, landscape elements, benches and similar
uses complying with all requirements of this chapter. Developed open
space shall be owned, maintained and regulated by a homeowners' association
or other duly constituted organization pursuant to all requirements
of this chapter.
The yards of a single-family detached dwelling unit, and
all fee-simple lands adjacent to a single-family attached dwelling
unit or townhouse.
An open space area conveyed or otherwise dedicated to the
state, county or Township or other public body for recreational or
conservational uses. These areas may include either developed or undeveloped
open spaces owned and maintained by a governmental unit.
An undisturbed area within the common open space which may
contain natural scenic beauty, ponds, lakes, waterways, stream valleys,
attractive woodlands and the like.
The addition to or extension of a restaurant or bar, located adjacent to and outside the interior of the restaurant or bar, where food and beverage is served or consumed, on or upon the public right-of-way or the private property of the restaurant or bar, as provided in § 215-30, containing readily movable tables, chairs, benches, tents, equipment and other nonpermanent materials used in connection with the operation of outdoor seating. Said outdoor area shall be considered an accessory use to the existing restaurant or bar and shall be limited in use only for patrons of the eating establishment. No seating provided in said outdoor cafe shall be used for the seating requirements of fast-food establishments.
[Added 8-13-2013 by Ord. No. 13-32; amended 11-10-2020 by Ord. No.
20-22]
The definition as provided in N.J.S.A. 2C:36-1.
[Added 8-10-2021 by Ord. No. 21-16]
See "lot."
A portion of a lot, building or structure used for the parking
of motor vehicles.
An off-street space on a lot or in a building, available
for the parking of one or more motor vehicles, and having an area,
dimensions, location, paving and drainage as required by this chapter.
The space shall be exclusive of driveways, aisles, fire lanes or zones,
public rights-of-way, sidewalks and the like. Private driveways on
a lot for detached dwelling units shall be considered a space; provided,
however, that no portion of a vehicle shall be permitted to extend
beyond the right-of-way line of a public street or highway.
A person who loans money on deposit or pledge of personal
property, or other valuable thing on the condition of selling the
item back again at a stipulated price, or who loans money secured
by chattel mortgage on personal property, taking possession of the
property or any part thereof so mortgaged, or any person who displays
at that person's place of business the sign of three gilt or yellow
balls, generally used by pawnbrokers to denote their business, or
anyone holding themselves out to be a pawnbroker is declared to be
a pawnbroker within the meaning of this division.
[Added 6-11-2013 by Ord. No. 13-18]
Any security which may be accepted by the Township, including
cash, provided that the Township shall not require more than 10% of
the total performance guarantee in cash.
Standards adopted by ordinance regulating noise levels, glare,
earthborne or sonic vibration, heat, electronic or atomic radiation,
noxious odors, toxic matters, explosive and inflammable matter, smoke
and airborne particles, waste discharge, screening of unsightly objects
or conditions and such other similar matters as may be reasonably
required by the municipality or required by applicable federal or
state laws or municipal ordinances.
The documents issued by the permitting authority pursuant
to the Medical Act and Adult Use Act, and local ordinance, granting
the legal right to operate as a cannabis business.
[Added 8-10-2021 by Ord. No. 21-16]
A permit issued by the Construction Official pursuant to
the Building Code. No permit shall be issued unless and until the
applicant has complied with all requirements of this chapter.
The Cannabis Regulatory Commission, established pursuant
to Section 31 of P.L. 2019, c. 153 (N.J.S.A. 24:6I-24). This shall
also include any Township Cannabis Committee or entity set up for
the review and local licensing of cannabis businesses.
[Added 8-10-2021 by Ord. No. 21-16]
A document signed by the Administrative Officer, 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
Which acknowledges that such use, structure
or building complies with the provisions of the ordinance or variance
therefrom duly authorized by the Board pursuant to N.J.S.A. 40:55D-60
and 40:55D-70 et seq.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
[Amended 1-26-2016 by Ord. No. 16-01]
A person who has sustained an injury, illness or traumatic
changes to the skull, the brain contents or its coverings which results
in a temporary or permanent physiobiological decrease of mental, cognitive,
behavioral, social or physical functioning which causes partial or
total disability.
[Added 2-27-2003 by Ord. No. 03-07]
See "use, permitted."
An active solar energy system that converts solar energy
directly into electricity.
[Added 9-12-2017 by Ord.
No. 17-23]
An area with a minimum of 10 contiguous gross acres to be
developed as a single entity according to a plan containing one or
more structures with appurtenant common areas to accommodate nonretail
commercial or office uses, or both, and any other uses accessory and
incidental to the predominant use primarily intended for the benefit
of the planned development as may be permitted by ordinance.
Any planned commercial development or planned industrial
development.
An area with a minimum contiguous or noncontiguous acreage
of five acres to be developed as a single entity according to a plan
containing one or more commercial and industrial uses permitted in
the Industrial Park and Office Park Zoning Districts within the Ewing
Land Development Ordinance in accordance with the requirements for
nonresidential planned developments in this chapter and may include
appropriate commercial or public or quasi-public uses all primarily
for the benefit of the planned industrial development.
An area with a minimum contiguous or noncontiguous acreage
of five acres to be developed as a single entity according to a plan
containing one or more residential clusters.
[Added 4-24-2001 by Ord. No. 01-08]
The Township Planner.
The Planning Board of the Township.
The map of a subdivision or a site plan.
CONCEPTUAL OR SKETCH PLATA schematic or generalized plan of development to determine the desirability and acceptability of a proposed subdivision or site plan indicating the design concept, including, use, street, road and highway configurations, vehicular and pedestrian circulation patterns, open space, parking facilities, buildings and any other design component required to illustrate the feasibility of the development. The plan shall be drawn to scale and of sufficient accuracy to be used for discussion and classification. The plan is an optional phase available to the developer, at no cost, and is not part of the statutory limitations on a preliminary subdivision or site plan approval.
PRELIMINARY PLATThe preliminary map indicating the proposed layout of the subdivision or site plan, including engineering documents, which is submitted to the Board for its consideration and preliminary approval and meeting the requirements of this chapter.
FINAL PLATThe final map of all or a portion of a subdivision or site plan which is presented to the Board for its consideration and final approval and meeting the requirements of this chapter.
Pavement, block, or stone designed to allow water to infiltrate
into the ground. This type of infiltration practice is encouraged
for use in parking lots, roads, sidewalks, and other lower traffic
volume paved areas.
[Added 3-18-2013 by Ord. No. 13-08]
A sign which is designed to be moved from place to place
or which is not permanently fixed to the premises.
[Added 4-9-2013 by Ord. No. 13-13]
See "approval."
Schematic architectural drawing, introduced during the early
phases of a development, illustrating facades, floor plans, size and
location of all buildings or structures and their relationship to
the site and immediate environs and any other information which may
be required by the Board.
The land, buildings and all other facilities situated upon
a lot.
Always includes any bedroom or sleeping quarters and shall
also include a dining room, family room, living room, library, study,
recreation room or any other common gathering area. For the purposes
of calculating gross floor area, a finished basement used as a recreation
area, home office or similar type use shall not be counted as primary
living space and shall not be included in the FAR, provided that these
types of living spaces are provided and located within the interior
walls of the dwelling unit on another floor. Garages that are no longer
used for residential garage-type uses (i.e., for storage of automobiles
or boats or RV or similar type vehicles, tools and equipment typical
of a residential-type garage or tools for the maintenance of the property,
residential-type workshops, etc.) and are converted to primary living
spaces shall be included in the calculations of the gross floor area.
Once a garage is converted to a primary type living space, it shall
be included as part of the gross floor area calculations.
[Added 10-10-2006
by Ord. No. 06-31]
See "building, principal."
See "use, principal."
See "use, prohibited."
A sign that is attached to the wall of a building (other
than the transom of a doorway or display window) and projecting more
than 10 inches.
[Added 4-9-2013 by Ord. No. 13-13]
The person owning fee title or the person in whose name the
legal title to the property appears, by deed, duly recorded in the
office of the County Clerk of Mercer County, or the person in possession
of the property or building under claim of or exercising acts of ownership
over the same for himself or as the executor, administrator or guardian
of the property.
Owned, operated or controlled by the federal, state, county
or municipal government, including a corporation created by law for
the performance of specialized governmental functions.
A master plan, capital improvement program or other proposal
for land development adopted by the appropriate public body, or any
amendment thereto.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches, or required along a natural stream or
watercourse for preserving the channel and providing for the flow
of water to safeguard the public against flood damage, sedimentation
and erosion.
See "open space, public."
That area of, and/or adjacent to a public right-of-way or
park reserved for pedestrian traffic from said right-of-way to a building
housing such uses as an eating establishment, entertainment venue,
and/or adjacent to a public park, but excluding that portion of the
public right-of-way occupied by shade trees, sidewalk, fire hydrants,
parking meters and utility poles.
[Added 8-13-2013 by Ord. No. 13-32]
"School" means any public, private or parochial school, which
provides elementary or secondary education or any branch thereof,
such as opportunity school, charter, regional occupational center,
evening high school, or technical school as defined under state law.
[Added 6-11-2013 by Ord. No. 13-18]
Public and/or private organizations and facilities existing
primarily for the purpose of protecting the safety of the residents
of the Township, such as but not limited to fire departments, police
departments, and first aid and rescue squads.
Collection and treatment of sewage as arranged or administered
by the Ewing-Lawrence Sewerage Authority.
A facility authorized to do business in New Jersey and engaged
in regularly supplying the public with services, such as, but not
limited to, the following: transportation, electricity, gas, water,
sewage, telephone or telegraph service.
Supply and distribution of potable water by the City of Trenton
Water Works.
A sign, also known as a freestanding sign, erected on a pole
or pylon independent of any building or other structure.
[Added 4-9-2013 by Ord. No. 13-13]
A resident of the State of New Jersey who has been authorized
for medical use of cannabis by a health care practitioner, and who
has been registered by the permitting authority as a registered qualifying
patient.
[Added 8-10-2021 by Ord. No. 21-16]
The majority of the full authorized membership of the Board.
A device used to collect and store rainwater runoff, typically
from rooftops via rain gutters.
[Added 3-18-2013 by Ord. No. 13-08]
A type of bioretention cell that is commonly used to promote
the absorption of rainwater into the ground by storing and using rainwater
to water plants during a dry period.
[Added 3-18-2013 by Ord. No. 13-08]
The maximum rated output of electric power production of
the photovoltaic system in watts of direct current (DC).
[Added 9-12-2017 by Ord.
No. 17-23]
A sign which is used to advertise any real property for sale,
lease or rental purpose, and located either on or off the site.
[Added 4-9-2013 by Ord. No. 13-13]
Boats and boat trailers, travel trailers, pickup campers
or coaches designed to be mounted on automotive vehicles, motorized
dwellings, tent trailers or any similar vehicles.
Any cannabis item(s), as regulated and defined by the New
Jersey Cannabis Regulatory Commission, bought, sold and used in accordance
with state and local laws and regulations, including, but not limited
to, medical cannabis dispensed to registered qualifying patients pursuant
to the Jake Honig Compassionate Use Medical Cannabis Act (the "Medical
Act"), P.L. 2009, c. 307, N.J.S.A. 24:6I-2 et seq., and cannabis dispensed
to adults 21 years of age or older, pursuant to the New Jersey Cannabis
Regulatory, Enforcement, Assistance, and Marketplace Modernization
Act (the "Adult Use Act"), P.L. 2021, c. 16, N.J.S.A. 24:6I-31 et
seq.
[Added 10-25-2022 by Ord. No. 22-17]
A sign or nameplate indicating the name and/or address of
the occupants of a residential property.
[Added 4-9-2013 by Ord. No. 13-13]
A one-family dwelling in a residential zone in which there
is conducted an occupation of providing day care for children, whether
for money or any other consideration, during or after school, subject
to the following:
The dwelling shall have been substantially completed
at least five years prior to the date of application to the Council
for a license;
The dwelling shall not be closer than 500 feet
to an existing residential day-care house on the same street measured
from front door to front door the way a person would normally walk;
The dwelling shall be owner-occupied and the
occupation shall be owner-operated;
No changes shall be made to the dwelling exterior,
which at all times must retain the appearance of a single-family residence
and the dwelling shall have only one front door, and no changes to
the interior, which would alter the character of the premises as a
single-family dwelling, may be made;
The dwelling must have hard-wired smoke detectors;
No more than five children may be served or
cared for in the occupation; and
No advertising whatsoever on the premises is
permitted.
The number of dwelling units per gross acre of residential
land area, including internal streets, easements, watercourses and
open space portions of a development but no portion of existing rights-of-way.
A lot or premises used exclusively or primarily for dwelling
purposes.
Portable temporary sign, or chalk blackboard, used to present
or describe the current menu or special offering.
[Added 4-9-2013 by Ord. No. 13-13]
The further division, relocation or adjustment
of lot lines of any lot or lots within a subdivision previously made
and approved or recorded according to law; or
The alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument.
Typically the area set aside for streets, roads and highways
but may also apply to drainage, walkways or for other public purposes
as stipulated by the Township.
Strips of vegetation planted along a stream or waterway.
This vegetation filters pollutants from the water before it enters
into the water body.
[Added 3-18-2013 by Ord. No. 13-08]
A sign erected above or on the roof of a building, any part
of which extends more than six inches above the facade of a building.
[Added 4-9-2013 by Ord. No. 13-13]
A boardinghouse wherein no personal or financial services
are provided to the residents.
[Added 3-18-2013 by Ord. No. 13-08]
See "landscape buffer."
Any use of lighting intended to attract the general public
by the waving or moving of light beams.
[Added 4-9-2013 by Ord. No. 13-13]
Any person, partnership, firm or corporation whose business includes selling, buying or receiving any tangible personal properly, previously owned, used, rented or leased as the term has been defined in the Code of the Township of Ewing at § 211-1 regarding the licensure of secondhand dealers. However, for purposes of this definition, the term "secondhand dealer" shall also include pawnbrokers, but shall not include consignment shops or antique dealers.
[Added 6-11-2013 by Ord. No. 13-18]
The person duly designated as Secretary by and acting as
such for the Board.
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
A barrier or dam at a suitable location to retain rock, sand,
gravel, earth, silt or other materials.
The minimum horizontal distance between the street line,
rear or side lot lines of the lot and the front, rear or side of the
building or structure. When two or more lots under one ownership are
used together, the exterior property lines so grouped shall be used
in determining setbacks. The required setback shall be equal to the
required yard.
The line within a lot, parallel or concentric with a street
or property line, between which and the street or property line no
building, structure or portion thereof may be erected or may project,
except as otherwise provided in this chapter. The setback line is
the delineation of the required setback or required yard for the district
or zone. Setback lines from public streets either existing or proposed
shall be measured from the proposed right-of-way width as shown on
the adopted Master Plan of the Township or County.
A commercial establishment which as one of its principal
business purposes offers for sale, rental or display any of the following:
books, magazines, periodicals or other printed material or photographs,
films, motion pictures, video cassettes, slides or other visual representation
which depict or describe a specified sexual activity or specified
anatomical area; or still or motion-picture machines, projectors or
other image-producing devices which show images to one person per
machine at any one time, and where the images so displayed are characterized
by the depiction of a specified sexual activity or specified anatomical
area; or instruments, devices or paraphernalia which are designed
for use in connection with a specified sexual activity. A commercial
establishment which regularly features live performances characterized
by the exposure of a specified anatomical area or by a specified sexual
activity or which regularly shows films, motion pictures, video cassettes,
slides or other photographic representations which depict or describe
a specified sexual activity or specified anatomical area.
[Added 6-11-2013 by Ord. No. 13-18]
Without limitation, any artificial or simulated specified
anatomical area or other device or paraphernalia that is designed
in whole or part for specified sexual activities.
[Added 6-11-2013 by Ord. No. 13-18]
A two-sided sign attached to a building or structure and
located perpendicular to the facade of said building or structure.
[Added 4-9-2013 by Ord. No. 13-13]
A group of commercial establishments on one tract of land
that is planned and developed as an operating unit and where on-site
parking is provided in definite relationship to the type and total
size of the stores. The commercial establishments may be located in
one or several buildings, attached or separated. A shopping center
shall be planned, constructed and managed as a single entity. For
purposes of this chapter, the following categories of shopping centers
are defined:
NEIGHBORHOOD SHOPPING CENTERA shopping center on a tract of at least three acres but no greater than five acres and containing one or more uses permitted in the Neighborhood Commercial Zone.
COMMUNITY SHOPPING CENTERA shopping center on a tract of greater than five acres but fewer than 10 acres and containing at least one anchor, such as a supermarket or department store, of 20,000 square feet or more, as well as one or more uses permitted in the Highway Commercial Zone.
REGIONAL SHOPPING CENTERA shopping center located on a tract of greater than 10 acres containing at least one anchor of 50,000 square feet or more, such as a major department store (K-Mart, WalMart, etc.), wholesale club (CostCo, BJ's, Sam's Club, etc.) or warehouse retail (Home Depot, Office Max, Sports Authority, etc.).
Any temporary freestanding portable sign, often described
as a sandwich board or A-frame sign, and located on the sidewalk or
sidewalk area adjacent to a public roadway or storefront.
[Added 4-9-2013 by Ord. No. 13-13]
A triangularly shaped area used as a clear line of vision,
established at the intersections of streets and at the intersections
of streets and driveways, in accordance with provisions of this chapter.
No grading, parking, planting, structure or fence shall be permitted
which will limit or obstruct vision between a height of 2 1/2
feet and eight feet above the center-line grade of either street.
Street signs, trees, utility poles, traffic signal standards, fire
hydrants and the like may be permitted in the area, provided such
facilities do not exceed a cross-section diameter of 12 inches.
An area encompassing the sight triangle, as defined, providing
for the Township to have the right of entry into said area to remove
any and all obstructions and/or limitations to vision as prescribed
by this chapter.
Any visual display, flag or banner used to identify or draw
attention to any use, building, organization, business, product, individual
or service, and placed so that it is visible from any area open to
the public.
[Amended 4-9-2013 by Ord. No. 13-13]
The distance measured in feet between the elevation at the
nearest street right-of-way and the top of the sign, excluding any
ornamentation, which has a cross-sectional area of one square foot
and a height of 12 inches.
Any plot or parcel of land or combination of contiguous lots
or parcels of land.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the
lot, including, but not necessarily limited to, topography, vegetation,
drainage, floodplains, marshes and waterways.
The location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting,
screening devices.
Any other information that may be reasonably
required in order to make an informed determination concerning the
adequacy of the plan in accordance with requirements of this chapter.
A development consisting of one or more lots, which:
Proposes new development within the scope of
development specifically permitted by this chapter for a minor site
plan.
Does not involve a planned development, any
new street or extension of any off-tract improvement which is to be
prorated pursuant to this chapter.
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.
Is not situated within a flood hazard area.
Will not contain more than six new off-street
parking spaces, as required by this chapter.
Will not contain a building consisting of more
than 1,000 square feet of gross floor area.
All site plans not defined as minor or exempt plans.
See "plat or plan."
A Committee of at least three Board members and two alternate
members, appointed by the Chairman, with the approval of the Board.
The Township Engineer, the Township Planner and other Township officials,
as deemed necessary by the Board, shall serve as advisors to the Committee.
The Committee is charged with the responsibility of assisting the
Board by classifying all subdivisions and site plans, reviewing conceptual
and sketch plans, and reviewing and recommending to the Board the
design treatment of buildings and structures to create a harmonious
relationship between existing and proposed buildings and structures
and the environs in which they are set, and recommending to the Board
the adequacy of development applications and their conformance with
all requirements of this chapter.
In the case of a joint Board of Adjustment-Planning Board
site review committee, there shall be at least six members and four
alternates, with each Board equally represented.
Any commercial retail establishment or land use in which
more than 80% of gross floor area is used for retail or wholesale
distribution, display, or marketing of tobacco products, tobacco-related
products, and smoking paraphernalia. Use of up to 10% of gross floor
area may be utilized for the wholesale distribution, display, or marketing
of smoking paraphernalia.
[Added 10-25-2022 by Ord. No. 22-17]
Any paraphernalia, equipment, device, instrument, or other
product that is primarily designed or manufactured for the purpose
of smoking, vaporizing, chewing, absorbing, dissolving, inhaling,
snorting, sniffing, or ingesting by any other means into the body
tobacco, nicotine, cannabis, recreational drugs, legal highs, and
CBD, including but not limited to blunt wraps, rolling papers, pipes,
water pipes/bongs, and hookahs.
[Added 10-25-2022 by Ord. No. 22-17]
The access of a solar energy system to direct sunlight. Space
open to the sun and clear of overhangs or shade including the orientation
of streets and lots to the sun so as to permit the use of active and/or
passive solar energy systems on individual properties.
[Added 9-12-2017 by Ord.
No. 17-23]
A device, structure or a part of a device or structure for
which the primary purpose is to transform solar radiant energy into
thermal, mechanical, chemical, or electrical energy.
[Added 9-12-2017 by Ord.
No. 17-23]
Radiant energy received from the sun that can be collected
in the form of heat or light by a solar collector.
[Added 9-12-2017 by Ord.
No. 17-23]
A solar energy system or facility whose primary purpose is
to harvest energy by transforming solar energy into another form of
energy or transferring heat from a collector to another medium using
mechanical, electrical, or chemical means.
[Added 9-12-2017 by Ord.
No. 17-23]
An active solar energy system or facility that is structurally
mounted to the ground and is not roof-mounted; may be of any size
(small-, medium- or large-scale). While systems placed over commercial
parking fields are ground-mounted for the most part, for the purpose
of this chapter they are treated differently.
[Added 9-12-2017 by Ord.
No. 17-23]
A photovoltaic system or facility that is connected to an
electric circuit served by an electric utility.
[Added 9-12-2017 by Ord.
No. 17-23]
An active solar energy system or facility that occupies more
than 40,000 square feet of lot area (equivalent to a rated nameplate
capacity of about 250kW DC or greater).
[Added 9-12-2017 by Ord.
No. 17-23]
An active solar energy system or facility that occupies more
than 1,750 but less than 40,000 square feet of lot area (equivalent
to a rated nameplate capacity of about 10 to 250 kW DC).
[Added 9-12-2017 by Ord.
No. 17-23]
A photovoltaic solar energy system or facility in which the
circuits energized by the solar energy system are not electrically
connected in any way to electric circuits that are served by an electric
utility.
[Added 9-12-2017 by Ord.
No. 17-23]
A solar energy system or facility that captures solar light
or heat without transforming it to another form of energy or transferring
the energy via a heat exchanger.
[Added 9-12-2017 by Ord.
No. 17-23]
An active solar energy system or facility that occupies 500
square feet of surface area or less.
[Added 9-12-2017 by Ord.
No. 17-23]
An active solar energy system or facility that is structurally
mounted to the roof of a building or structure; may be of any size
(small-, medium- or large-scale).
[Added 9-12-2017 by Ord.
No. 17-23]
An active solar energy system or facility that occupies 1,750
square feet of surface area or less (equivalent to a rated nameplate
capacity of about 10 kW DC or less).
[Added 9-12-2017 by Ord.
No. 17-23]
An active solar energy system or facility that uses collectors
to convert the sun's rays into useful forms of energy for water heating,
space heating, or space cooling.
[Added 9-12-2017 by Ord.
No. 17-23]
[Added 6-11-2013 by Ord. No. 13-18]
[Added 6-11-2013 by Ord. No. 13-18]
See "performance standards."
An opening in a storm drain used to collect stormwater runoff
and includes, but is not limited to, a grate inlet, curb-opening inlet,
slotted inlet, and combination inlet.
[Added 1-26-2016 by Ord.
No. 16-01]
That portion of a building included between the upper surface
of any floor and the upper surface of the next floor above, provided
there is a minimum clear headroom of eight feet on the first floor
and minimum clear headroom of seven feet six inches on the second
floor.
A story under a gable, hip or gambrel roof, the wall plates
of which, on at least two opposite exterior walls, are not more than
two feet above the floor of such story.
A permit issued by the New Jersey Department of Environmental
Protection under the provisions of the latest NJDEP requirements and
regulations.
[Amended 3-10-2009 by Ord. No. 09-04]
The edge of the existing or future right-of-way, as indicated
on the adopted Master Plan of Ewing Township, forming the dividing
line between the street and a lot.
A street owned by an individual, developer, homeowners' association
or other similar group responsible for the construction and perpetual
maintenance of said street. Construction of the street shall conform
with Township standards for public streets.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way, which is:
An existing state, county or municipal roadway;
Shown upon a plat heretofore approved pursuant
to law;
Approved by official action as provided by this
chapter; or
Shown on a plat duly filed and recorded in the
office of the Mercer County Clerk 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, utilities, shoulders, gutters, curbs, sidewalks,
parking areas and other areas within the street lines.
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, including, but not limited to, buildings, platforms,
sheds, storage bins, tanks, towers, signs, advertising devices, tennis
courts and swimming pools, but excluding walks, walkways, parking
areas, streets and roads.
Includes the following:
SUBDIVISIONThe division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other division of land for sale or development. The following shall not be considered subdivisions within the meaning of this act if no new streets are created:
Divisions of land found by the Board, or the
Site Review Committee thereof, to be for agricultural purposes where
all resulting parcels are five acres or larger in size;
Division of property by testamentary or intestate
provisions;
Divisions of property upon court order, including
but not limited to judgments of foreclosure;
Consolidation of existing lots by deed or other
recorded instruments; and
The conveyance of one or more adjoining lots,
tracts or parcels of land owned by the same person or persons and
all of which are found and certified by the Administrative Officer
to conform to the requirements of this chapter and are shown and designated
as separate lots, tracts or parcels on the Tax Map of the Township.
The term "subdivision" shall also include the term "resubdivision."
MINOR SUBDIVISIONA division of land containing not more than two new lots and the remaining parcel, each fronting on an improved existing street or road, and further, which will not:
Involve a planned development.
Necessitate the creation of a new street or
the improvement of such street or streets.
Involve any additional right-of-way as specified
in the Master Plan of the Township and the County or the street requirements
of this chapter, unless such additional right-of-way width along the
applicant's controlled frontage is deeded to the appropriate governmental
agency having jurisdiction over the street, road or highway.
Require the construction or extension of public
facilities.
Lie within a flood hazard area.
Require off-tract improvements.
Adversely affect the development of the remnant
parcel, adjoining property or conflict with any provisions of the
Master Plan or Zoning Ordinance of the Township.
MAJOR SUBDIVISIONAny division of land not classified as a minor subdivision.
Any of the national model codes, parts thereof or other codes
as adopted.
Water flowing on the surface of land.
Any artificially constructed swimming, bathing pool or tank,
above or below ground, whether permanently installed, portable, collapsible,
or otherwise, having either an inside structural depth in excess of
18 inches below the level of the surrounding ground, or in excess
of 30 inches above the surface of the surrounding ground, or a surface
area in excess of 120 square feet, or a capacity in excess of 1,400
gallons, constructed or maintained on any lot as an accessory use
by any person for the use of himself or any member of his household
and guest. No setback from a principal building is required for private
residential swimming pools; all other required setbacks for accessory
uses shall apply. The term includes all buildings, structures, equipment
and appurtenances thereto, subject to all requirements of this chapter.
Any pool, other than a private residential swimming pool,
designed to be used collectively by persons for swimming and bathing
purposes, including pools designed as part of any hotel or motel use
or any other multifamily development. Public swimming pools shall
be further classified into types in accordance with their particular
use and shall meet the appropriate design standards as set forth by
the Uniform Construction Code of the State of New Jersey and shall
comply with approved bacteriological standards which may be promulgated
by regulations issued by the Board of Health of the Township, the
State of New Jersey or other authority having jurisdiction.
Any studio, parlor, shop or space where tattooing is practiced
or where the business of tattooing is conducted or any part thereof.
The process by which the skin is marked or colored by insertion of
nontoxic dyes or pigments into or under the subcutaneous portion of
the skin so as to form indelible marks for cosmetic, medical or figurative
purposes.
[Added 6-11-2013 by Ord. No. 13-18]
Any sign or advertising display designed or intended to be
displayed for a short period of time and used to draw the attention
of the public to any use, building, product, individual or service.
For the purposes of this chapter, any temporary freestanding portable
sign shall be displayed only during the hours of operation of the
use or building to which the advertising applies.
[Added 4-9-2013 by Ord. No. 13-13]
An outdoor lighted court of grass, clay, asphalt, bituminous
concrete or other similar material equipped with a net, fencing and
constructed and demarcated for the purpose of playing the game of
tennis.
Any product made or derived from tobacco that is intended
for human consumption, including any component or part sealed in final
packaging intended for consumer use (e.g., filters or filter tubes
sold separately to consumers or as parts of kits). Tobacco products
include smokable products, cigarettes, cigars, bidis, kreteks, and
wrappings, and chewed or smokeless products including loose tobacco
leaf, nicotine chews, snuff, dip, and snus.
[Added 10-25-2022 by Ord. No. 22-17]
Any product that is intended or reasonably expected to be
used with or for the human consumption of a tobacco product. It does
not contain tobacco and is not made or derived from tobacco. It includes
but is not limited to atomizers, batteries, ashtrays, new/replacement
cartridges, inhalers, lighters, cigar cutters, etc.
[Added 10-25-2022 by Ord. No. 22-17]
A sign attached to the transom of a doorway or display window
of a building.
[Added 4-9-2013 by Ord. No. 13-13]
The Township of Ewing, in the County of Mercer, New Jersey.
See "dwelling unit, single-family attached."
An area of land comprised of one or more contiguous lots
having sufficient dimensions, street frontage and areas to meet the
requirements of this chapter for the use or uses intended. The land
area of any existing streets shall not be included in calculating
the area of the tract.
A typed or printed verbatim record of the proceedings of
a meeting, or reproductions thereof.
Any cannabis item(s), including any usable cannabis, cannabis
product, cannabis extract, and any other cannabis resin as further
defined in P.L. 2021, c. 16, hashish, and marijuana/marihuana, which
is not regulated by the New Jersey Cannabis Regulatory Commission.
[Added 10-25-2022 by Ord. No. 22-17]
The dried leaves, flowers, stems, stalks of a Cannabis sativa
plant, including any mixture manufactured as a tincture, ointment,
salve, or products prepared for oral digestion, but does not include
the seed or roots of the plant.
[Added 8-10-2021 by Ord. No. 21-16]
The specified purpose for which land or a building is designed,
arranged, intended, or for which it is or may be occupied or maintained.
USE, ACCESSORYSee "accessory building, structure or use."
USE, CHANGE INAny change in the use or occupancy of any structure which would subject it to any special provisions of the Uniform Construction Code or requirements of this chapter without approval of the Construction Official.
USE, CONTINUATION OF EXISTINGThe legal use and occupancy of any building or structure existing on the date of the adoption of this chapter or for which it had been heretofore approved may be continued without change.
USE, CONDITIONALA 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.
USE, PERMITTEDAny use of land or buildings as permitted by this chapter.
USE, PRINCIPALThe main purpose for which a lot or building is used.
USE, PROHIBITEDA use which is not permitted in a zoning district either directly or indirectly by virtue of silence.
USE, PUBLIC PURPOSEThe use of land or buildings by the Township, county or state or any officially created authority or agency thereof.
A departure from the literal requirements of this chapter
pursuant to N.J.S.A. 40:55D-1 et seq.
Any sign display or other graphic attached to or integrated
with a coin-operated machine dispensing food, beverages, reading material
or other products.
[Added 4-9-2013 by Ord. No. 13-13]
The co-location or combination of the following activities
related to the production of usable cannabis for qualifying patients
within a single corporate entity: cultivation, manufacturing, and
dispensing. The Adult Use Act does not permit vertically integrated
cannabis facilities with regard to adult use cannabis.
[Added 8-10-2021 by Ord. No. 21-16]
See "animal hospital."
An authorization given by the Board, at its discretion, which
may make strict conformance with or permit modifications to the design
standards as provided for this chapter.
The entire area of a building wall facing a street, measured
at the perimeter and including doors and windows.
Any sign attached to, painted upon or erected against the
wall or facade of a building or structure.
[Added 4-9-2013 by Ord. No. 13-13]
Any natural or artificial watercourse, 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 which may or may not have a definite
channel, bed and banks. The term also includes watercourses which
have been artificially realigned or improved.
The ocean and its estuaries, all springs, streams and bodies
of surface water or groundwater, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
[Added 1-26-2016 by Ord.
No. 16-01]
A sign maintained in or painted upon a window or door which
is clearly visible to the general public from any area open to the
public.
[Added 4-9-2013 by Ord. No. 13-13]
An open space, as required by this chapter, of uniform width
or depth, on the same lot with a building or group of buildings, unoccupied
and unobstructed from the ground upward except as otherwise provided
in this chapter.
YARD, FRONTAn open, unoccupied space extending across the full width of the lot lying between the street or street line and a uniform distance therefrom, as required by this chapter. The depth of the front yard shall be measured horizontally and at right angles to a straight street line and radially along the arc of a curved street. At corner lots, the front yard shall be the required distance along all street frontages.
YARD, REARAn open space extending across the full width of the lot and lying between the rear lot line and a uniform distance therefrom, as required by this chapter. The depth of the rear yard shall be measured horizontally and at right angles to a straight rear line and radially along the arc of a curved rear line.
YARD, SIDEAn open unoccupied space between the side line of the lot and a uniform distance therefrom, as required by this chapter, extending from the front yard line to the rear yard line. The width of the side yard shall be measured horizontally and at right angles to a straight side line and radially along the arc of a curved side line.
The Zoning Board of Adjustment of the Township of Ewing.
The map annexed to and made a part of this chapter.
A person or his duly authorized deputy appointed by the Township
Council to administer and enforce the provisions of this chapter.
See "permit, zoning."
