Township of Oldmans, NJ Terminology

All the residents of the development where the unit is situated are 62 years or older; or

At least 80% of the units are occupied by one person that is 55 years or older; or

ALTERATION OR ADDITION, STRUCTURAL

The development has been designated by the Secretary of the United States Department of Housing and Urban Development as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.

AIRPORT

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

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

ALTERNATIVE LIVING ARRANGEMENT

A building in which households live in distinct bedrooms, yet share kitchen and plumbing facilities, central heat and common areas. Alternative living arrangements include, but are not limited to, transitional facilities for the homeless; Class A, B, C, D, and E boarding homes as regulated by the New Jersey Department of Community Affairs; residential health care facilities as regulated by the New Jersey Department of Health; group homes for the developmentally disabled and mentally ill as licensed and/or regulated by the New Jersey Department of Human Services; and congregate living arrangements.

[Added 12-8-2021 by Ord. No. 2021-12]

APPLICANT

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

APPLICATION FOR DEVELOPMENT

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

ASSISTED LIVING RESIDENCE or ASSISTED LIVING FACILITY

An establishment licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining for four or more adult persons unrelated to the proprietor, and a coordinated array of supportive personal and health services, available 24 hours per day, to residents who have been assessed to need help with the activities of daily life, including residents who require formal long-term care. Such facilities will offer units containing, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.

[Added 12-8-2021 by Ord. No. 2021-12]

BASEMENT

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

BEDROOM

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

BILLBOARD

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

BUILDING

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

BUILDING COVERAGE

The square footage or other area measurement by which all buildings occupy a lot as measured on a horizontal plane around the periphery of the facades, and including the area under the roof of any structure supported by columns, but not having walls, as measured around the outside of the outermost extremities of the roof above the columns.

BUILDING HEIGHT

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

CAMPER

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

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

CANNABIS BUSINESS or BUSINESS

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

(4)

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

CANNABIS

The definition given to "marijuana" as provided in Section 2 of the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (effective January 17, 1971), codified at N.J.S.A. 24:21-1 et seq.

[Added 8-11-2021 by Ord. No. 2021-07]

CANNABIS ACT

The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, codified at N.J.S.A. 24:6I-31.

[Added 8-11-2021 by Ord. No. 2021-07]

An organization that has been issued a permit by the Cannabis Regulatory Commission ("Commission") to operate as a medical cannabis cultivator, medical cannabis manufacturer, wholesaler, transporter or medical cannabis dispensary. The terms "cannabis business" and "business" shall also mean "medical cannabis alternative treatment center (ATC)" or "alternative treatment center" as defined under the Jake Honig Compassionate Care Act.[3]

[Added 8-11-2021 by Ord. No. 2021-07]

CANNABIS CULTIVATOR OR CULTIVATION CENTER

An organization issued a permit by the permitting authority designated by the State of New Jersey that authorizes the organization to possess and cultivate cannabis and deliver, transfer, transport, distribute, supply, and sell cannabis and related supplies to other cannabis cultivators and to 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.

[Added 8-11-2021 by Ord. No. 2021-07]

CANNABIS MANUFACTURER OR MANUFACTURING FACILITY

An organization issued a permit by the permitting authority designated by the State of New Jersey that authorizes the organization to purchase or obtain cannabis and related supplies from a cannabis cultivator; purchase or obtain cannabis products from another medical cannabis manufacturer; produce, manufacture, or otherwise create medical cannabis products; and possess, deliver, transfer, transport, distribute, supply, and sell 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 cannabis products.

[Added 8-11-2021 by Ord. No. 2021-07]

CARTWAY

The hard or paved surface portion of a street customarily used by vehicles in the regular course of travel. Where there are curbs, the cartway is that portion between the curbs. Where there are no curbs, the cartway is that portion between the edge of the paved or graded width.

CERTIFIED HOUSEHOLD

A household that has been certified by an Administrative Agent as a very-low-income, low-income household or moderate-income household.

[Added 12-8-2021 by Ord. No. 2021-12]

COAH

The New Jersey Council on Affordable Housing.

[Added 12-8-2021 by Ord. No. 2021-12]

COMMON PROPERTY

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

CONDITIONAL USE

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

CONSTRUCTION CODE OFFICIAL

The Construction Code Official of the Township of Oldmans, Salem County, New Jersey.

[Amended 9-3-1997 by Ord. No. 97-5]

DCA

The State of New Jersey Department of Community Affairs.

[Added 12-8-2021 by Ord. No. 2021-12]

DEFICIENT HOUSING UNIT

A housing unit with health and safety code violations that require the repair or replacement of a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load-bearing structural systems.

[Added 12-8-2021 by Ord. No. 2021-12]

DENSITY

The permitted number of dwelling units for the buildable area of a tract after deduction for dedication for road and other improvements, natural tidal and nontidal bodies of water, wetlands or other state-regulated or federally regulated nonbuildable lands.

DEVELOPER

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

[Added 12-8-2021 by Ord. No. 2021-12]

DEVELOPMENT

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

DEVELOPMENT FEE

Money paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted in N.J.A.C. 5:93-8.8,[4] as it may be amended or superseded, and utilized to provide affordable housing.

[Added 12-8-2021 by Ord. No. 2021-12]

DRAINAGE AND UTILITY RIGHT-OF-WAY

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

DWELLING UNIT

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

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

DUAL RESIDENTIAL DWELLINGA building containing two dwelling units only, each independent of each other and each with its own sleeping, cooking and sanitary facilities. The two dwelling units shall specifically include a detached single-family dwelling with an accompanying apartment flat intended to be offered for rent by the resident owner of the building. The gross floor area of the apartment flat shall not exceed an area equal to 25% of the area of the structure used as living quarters for the building's owner. It is specifically not intended that two-family dwelling units be constructed; rather, it is intended that a portion of the building be designed as separate living quarters to be offered for rent by the homeowner.

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

EASEMENT

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

EQUALIZED ASSESSED VALUE

The value of a property determined by the municipal Tax assessor through a process designed to ensure that all property in the municipality is assessed at the same assessment ratio or ratios required by law. Estimates at the time of issuance of a building permit may be obtained utilizing estimates for construction cost. Final equalized assessed value will be determined at project completion by the municipal tax assessor.

[Added 12-8-2021 by Ord. No. 2021-12]

FAIR SHARE PLAN

The plan that describes the mechanisms and the funding sources, if applicable, by which a municipality proposes to address its affordable housing obligation as established in the Housing Element, includes the draft ordinances necessary to implement that plan, and addresses the requirements of N.J.A.C. 5:97-3.[5]

[Added 12-8-2021 by Ord. No. 2021-12]

FAMILY HOME OCCUPATION

Any activity operated for pecuniary gain in or directed from a detached single-family dwelling unit by one or more family members residing within the dwelling unit.

[Added 4-2-2003 by Ord. No. 2003-2]

FARM

PRINCIPAL USESA lot of at least five acres, excluding one acre for the house, used for the growing and harvesting of crops and the raising and breeding of certain animals, including truck farms, fruit farms, nurseries and greenhouses, dairies and livestock produce.

ACCESSORY USESBuildings incidental to farms, such as barns; packing, grading and storage buildings for produce raised on the premises, except that no processing of produce shall be permitted; buildings for keeping of poultry and permitted livestock; and garages for the keeping of equipment and trucks used in farm operations.

FLOODPLAIN

The relatively flat area adjoining a water channel which has been or may be covered by floodwater of the channel, including the following components:

FLOODWAYThe river or other watercourse and the adjacent land area that must be reserved in order to discharge the design flood without cumulatively increasing the water surface elevation more than one foot.

FLOOD HAZARD AREALand in the floodplain subject to a one-percent or greater chance of flood in any given year.

GREEN BUILDING STRATEGIES

FLOOD-FRINGE AREAThe portion of the flood hazard area outside of the floodway.

GOLF COURSE

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

GRADE

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

Any strategies that minimize the impact on the environment and enhance the health, safety and well-being of residents by producing durable low- maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.

[Added 12-8-2021 by Ord. No. 2021-12]

GROSS ACREAGE

The entire area of a tract after deduction for dedication for road improvements, natural tidal and nontidal bodies of water, wetlands or other state-regulated or federally regulated nonbuildable lands.

GROSS FLOOR AREA

The area measured by using the outside dimensions of the building, excluding the area of a garage, basement, attic, open porch or patio. Only those floor areas which have a ceiling height as prescribed by the Township Building Code[6] for residential uses and those floor areas either having a ceiling height of six feet or more or used for storage space in nonresidential uses shall be included in the gross floor area.

HOME OCCUPATION

An occupation entirely within a detached dwelling unit, which occupation is clearly incidental and secondary to the use of the lot for residential purposes. Such occupations shall be conducted solely by the residents of the detached dwelling, except that no more than two persons not residents of the building may be employed, and provided also that no more than 450 square feet shall be used for such purpose; that no display of products shall be visible from the street; that the residential character of the lot and building shall not be changed; that no occupational sounds shall be audible outside the building; that no equipment shall be used which will cause interference with radio and television reception in neighboring residences; that the home occupation does not reduce the parking or yard requirements of the detached dwelling; and that there is no exterior evidence of the home occupation other than one nameplate sign identifying the home occupation, not exceeding four square feet in area, either attached or freestanding and set back at least 15 feet from the street right-of-way. Examples of permitted uses include sales of clothing, cosmetics, ceramics, coins, etc.

HOTEL and MOTEL

A building or group of buildings consisting of individual sleeping units designed for transient travelers and not for permanent residency.

HOUSEKEEPING UNIT

One or more persons living together in one dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a nonprofit basis.

HOUSING PLAN ELEMENT

The portion of the Township's Master Plan, required by the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-28b(3), and other legislation.

[Added 12-8-2021 by Ord. No. 2021-12]

INCLUSIONARY DEVELOPMENT

Any development containing both affordable units and market-rate units. This term includes, but is not necessarily limited to, new construction, the conversion of a nonresidential structure to residential use, and the creation of new affordable units through the reconstruction of a vacant residential structure.

[Added 12-8-2021 by Ord. No. 2021-12]

INTENSIVE FOWL OR LIVESTOCK FARM

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

LOADING SPACE

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

LOT

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

LOT AREA

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

LOT, CORNER

A lot on the junction of and abutting two or more intersecting streets where the interior angle of intersection does not exceed 135º. Each corner lot shall have two front yards, one side yard and one rear yard.

LOT DEPTH

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

LOT FRONTAGE

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

LOT, INTERIOR

A lot other than a corner lot.

LOT WIDTH

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

LOW-INCOME HOUSEHOLD

A household with a total gross annual household income equal to 50% or less of the regional median household income by household size.

[Added 12-8-2021 by Ord. No. 2021-12]

LOW-INCOME UNIT

A restricted unit that is affordable to a low-income household.

[Added 12-8-2021 by Ord. No. 2021-12]

MAINTENANCE BOND

Any security acceptable to the governing body to assure the maintenance of duly approved improvements installed by the developer after the final acceptance of the improvements and in accordance with this chapter.

MAJOR SYSTEM (REHABILITATION)

The primary structural, mechanical, plumbing, electrical, fire protection, or occupant service components of a building, which include, but are not limited to, weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement or load-bearing structural systems.

[Added 12-8-2021 by Ord. No. 2021-12]

MARKET-RATE UNITS

Any housing not restricted to low- and moderate-income households, that may sell or rent at any price.

[Added 12-8-2021 by Ord. No. 2021-12]

MASTER PLAN

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

MEAN ELEVATION

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

MEDIAN INCOME

The median income by household size for the applicable housing region, as adopted annually by the Township pursuant to this chapter, by COAH or a successor entity approved by the New Jersey Superior Court.

[Added 12-8-2021 by Ord. No. 2021-12]

MEDICAL CANNABIS DISPENSARY or DISPENSARY

An organization issued a permit by the permitting authority designated by the State of New Jersey 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 Cannabis 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.

[Added 8-11-2021 by Ord. No. 2021-07]

MINOR SITE PLAN

As specified hereunder, and an applicant may prepare a minor site plan application drawn according to the standards and conditions specified in Article VIII if the proposed building, the conversion of an existing building from one use to another or the enlargement of an existing building, or any combination of the same, does not exceed 5,000 square feet for retail commercial uses, does not exceed 10,000 square feet for industrial uses and does not require more than 25 new parking spaces as prescribed by this chapter. All residential development requiring site plan approval shall comply with the major site plan submission requirements. All other site plans shall be minor site plans.

MMP IDENTIFICATION CARD

The New Jersey Medical Marijuana Program identification card, which identifies registered qualifying patients under the Cannabis Act.

[Added 8-11-2021 by Ord. No. 2021-07]

MODERATE-INCOME HOUSEHOLD

A household with a total gross annual household income in excess of 50% but less than 80% of the regional median household income by household size.

[Added 12-8-2021 by Ord. No. 2021-12]

MODERATE-INCOME UNIT

A restricted unit that is affordable to a moderate-income household.

[Added 12-8-2021 by Ord. No. 2021-12]

MUNICIPAL AGENCY

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.

MUNICIPAL HOUSING FINANCE OFFICER

The employee charged by the governing body with the responsibility for the administration of the Township's Affordable Housing Trust Fund and submission of all required financial reporting as required by the Council on Affordable Housing, its successor entity, or a court of competent jurisdiction as established by Chapter 30 of the Code of the Township of Oldmans.

[Added 12-8-2021 by Ord. No. 2021-12]

MUNICIPAL HOUSING LIAISON

A municipal employee annually appointed by resolution of the governing body, responsible for the tracking and reporting of affordable housing units to the appropriate authorities and parties as established by Chapter 30 of the Code of the Township of Oldmans.

[Added 12-8-2021 by Ord. No. 2021-12]

NJHMFA

The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).

[Added 12-8-2021 by Ord. No. 2021-12]

NONCONFORMING BUILDING OR STRUCTURE

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

[Amended 9-3-1997 by Ord. No. 97-5]

NONCONFORMING LOT

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

NONCONFORMING USE

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

[Amended 9-3-1997 by Ord. No. 97-5]

NONEXEMPT SALE

Any sale or transfer of ownership other than the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a Class A beneficiary and the transfer of ownership by court order.

[Added 12-8-2021 by Ord. No. 2021-12]

OFF SITE

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

OFF TRACT

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

ON SITE

Located on the lot in question.

ON TRACT

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

OPEN SPACE ORGANIZATION

An incorporated, nonprofit organization operating in a planned development under recorded land agreement through which each owner is automatically a member; each occupied dwelling unit is automatically subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the Township; and each owner and tenant has the right to use the common property.

PARAPHERNALIA

The definition as provided in N.J.S.A. 2C:36-1.

[Added 8-11-2021 by Ord. No. 2021-07]

PARKING SPACE

An area of not less than nine feet wide by 18 feet in length (unless otherwise specified in this chapter), either within a structure or in the open, for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes and public rights-of-way, except that nothing shall prohibit private driveways for detached dwelling units from being considered off-street parking areas, provided that no portion of such private driveway within the right-of-way line of the street intersected by such driveway shall be considered off-street parking space. The area is intended to be sufficient to accommodate the exterior extremities of the vehicles, whether in addition thereto wheel blocks are installed within this area to prevent the bumper from overhanging one end of the parking space. The width and length of each space shall be measured perpendicular to each other, regardless of the angle of the parking space to the access aisle or driveway.

PERFORMANCE GUARANTY

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

PERMIT

The documents issued by any permitting authority designated by the State of New Jersey and pursuant to the Act granting the legal right to operate a cannabis business.

[Added 8-11-2021 by Ord. No. 2021-07]

PERMITTED USE

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

PERMITTING AUTHORITY

The entity responsible for the regulation and enforcement of activities associated with the medical use of cannabis. This shall include the New Jersey Department of Health and the Cannabis Regulatory Commission, established pursuant to Section 31 of P.L. 2019, c. 153 (N.J.S.A. 24:6I-24), which shall assume all powers, duties, and responsibilities with regard to the regulation and oversight of activities authorized pursuant to P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et al.) from the Department of Health for the further development, expansion, regulation, and enforcement of activities associated with the use of cannabis pursuant to P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et al.).

[Added 8-11-2021 by Ord. No. 2021-07]

PLANNED DEVELOPMENT

RESIDENTIAL CLUSTER DEVELOPMENTAn area to be developed as a single entity according to a plan containing residential housing units which have a common open space area as an appurtenance.

PLAT

The map of a subdivision or site plan, and is used interchangeably in this chapter with "plan."

SKETCH PLATThe sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of this chapter.

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

QUALIFIED PURCHASER OR RENTER

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

PRINCIPAL USE

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

PUBLIC PURPOSE USE

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

A person who:

[Added 12-8-2021 by Ord. No. 2021-12]

Submits an application for certification as a qualified purchaser or renter to the management of the unit;

Demonstrates gross aggregate family income at the time of the proposed purchase or rental of an affordable unit that is within very-low-, low- or moderate-income levels, as defined herein; and

QUALIFYING PATIENT or PATIENT

Obtains certification as a qualified purchaser or renter of an affordable unit from Oldmans Township's Administrative Agent.

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 8-11-2021 by Ord. No. 2021-07]

RANDOM SELECTION PROCESS

A process by which currently income-eligible households are selected for placement in affordable housing units such that no preference is given to one applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable unit (e.g., by lottery).

[Added 12-8-2021 by Ord. No. 2021-12]

REFERRAL LIST, AFFORDABLE HOUSING

A register of eligible very-low-, low- and moderate-income households for which suitable units are not yet available.

[Added 12-8-2021 by Ord. No. 2021-12]

REGIONAL ASSET LIMIT

The maximum housing value in each housing region affordable to a four-person household with an income at 80% of the regional median as defined by duly adopted regional income limits published annually by COAH or a successor entity.

[Added 12-8-2021 by Ord. No. 2021-12]

REHABILITATION

The repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.

[Added 12-8-2021 by Ord. No. 2021-12]

RENT, RESTRICTED UNIT

The gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. In assisted living residences, rent does not include charges for food and services.

[Added 12-8-2021 by Ord. No. 2021-12]

RESIDENTIAL AGRICULTURE

The growing and harvesting of plant life and the keeping of farm animals for the enjoyment of the residents on the property and not primarily for commercial purposes. A small roadside produce stand associated with the residential agricultural use shall be permitted, provided that the produce is not grown primarily for commercial purposes; that the stand is not furnished with permanent heating facilities; that the floor area of the stand does not exceed 100 square feet; that the stand is set back from all street cartways and side property lines at least 15 feet; and that sufficient on-site, off-street parking is provided. One unlighted sign not exceeding four square feet in area shall be permitted and shall be either attached flat against the front facade of the stand or freestanding. If freestanding, the sign shall not exceed 10 feet in height, shall be located to achieve the greatest sight distance for oncoming traffic and shall be set back at least 10 feet from the edge of the cartway.

RESTAURANT

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

RESTAURANT, DRIVE-IN

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

RESTRICTED UNIT

A dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1, as may be amended and supplemented, but does not include a market-rate unit financed under UHORP or MONI.

[Added 12-8-2021 by Ord. No. 2021-12]

RESUBDIVISION

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

RIGHT-OF-WAY

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

SERVICE CENTER

Any building, premises or land in which or upon which a servicing, storage or repair of commercial vehicles is conducted or rendered, including the dispensing of motor fuel or other petroleum products directly into motor vehicles and the sale of accessories or equipment for vehicles. A service center may also include overnight accommodations and restaurant facilities.

SERVICE STATION

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

SETBACK LINE

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

SHOPPING CENTER

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

SIGHT EASEMENT AT INTERSECTION

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

SIGN

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

SITE PLAN

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 and screening devices; and any other information that may be reasonably required in order to make an informed determination concerning the adequacy of the plan in accordance with the requirements of this chapter.

SITE PLAN REVIEW

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

STORY

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

STREET

Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal road or which is shown upon a plat heretofore approved pursuant to law or which is approved by N.J.S.A. 40:55D-1 et seq. or which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutter, sidewalks, parking areas and other areas within the street line.

STREET LINE

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

STRUCTURE

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

SUBDIVISION

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

(a)

Divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size.

(b)

Division of property by testamentary or intestate provisions.

(c)

Divisions of property upon court order.

(d)

Conveyances so as to combine existing lots by deed or other instrument.

The term "subdivision" shall also include the term "resubdivision."

SUPPORTIVE AND SPECIAL-NEEDS HOUSING

MINOR SUBDIVISION:

(a)

Any division of land containing an aggregate of not more than four lots (three new lots and the remaining parcel mother lot), each fronting on an existing street or streets and:

[1]

Not involving any new street or the installation of any street improvements or the extension of Township facilities;

[2]

Not involving any street(s) requiring additional right-of-way width as specified in the Master Plan or Official Map and the street requirements of this chapter, unless such additional right-of-way width, either along one or both sides of said street(s), as applicable, shall be deeded to the Township or to the appropriate governmental authority prior to classification as a minor subdivision;

[3]

Not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision of the Master Plan, Official Map or this chapter;

[4]

Not being a further division of an original tract of land for which a previous minor subdivision(s) has been approved by the Township within the past two-year time period from the date of the current application and where the combination of the proposed and approved minor subdivision(s) constitutes a major subdivision; and

[5]

Not being deficient in those details and specifications required of minor subdivisions as specified in this chapter.

(b)

The original tract of land shall be considered any tract in existence at the time of adoption of the ordinance of which this is a revision as shown on the Township Tax Maps. Any readjustment of lot lines resulting in no new lots shall be classified as a minor subdivision but shall not be counted against the four-lot limitation.

[Amended 12-9-2015 by Ord. No. 2015-12]

(4)

MAJOR SUBDIVISIONAny division of land not classified as a minor subdivision.

A structure or structures in which individuals or households reside, as listed in N.J.A.C. 5:93-5.8;[7] defined by COAH as "alternative living arrangements."

[Added 12-8-2021 by Ord. No. 2021-12]

SUPPORTIVE SHARED-LIVING HOUSING

Permanent lease-based supportive housing that provides access to supportive services to individuals with special needs who maintain separate leases for bedrooms and share common living space.

[Added 12-8-2021 by Ord. No. 2021-12]

SWIMMING POOL, COMMERCIAL

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

SWIMMING POOL, PORTABLE

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

SWIMMING POOL, PRIVATE RESIDENTIAL

Includes artificially constructed pools, whether located above or below the ground, having a depth of more than 18 inches and/or a water surface of 100 square feet or more, designed and maintained for swimming and bathing purposes by an individual for use by members of his household and guests and which is located on a lot as an accessory use to a detached dwelling, and shall include all buildings, structures, equipment and appurtenances thereto.