A.
For purposes of this chapter, the word "person" includes a firm,
association, organization, partnership, trust, company or corporation
as well as an individual. The present tense includes the future; the
singular number includes the plural, and the plural includes the singular.
The word "shall" is mandatory. The word "may" is permissive. The words
"used" and "occupied" include the words "intended, designed or arranged
to be used or occupied."
B.
The term "such as" shall be considered as introducing a typical or
illustrative designation of items and shall not be interpreted as
constituting a complete list.
C.
Words not herein defined shall have the meanings given in Webster's
Unabridged Dictionary. Unless otherwise stated in context, words and
phrases set forth in the following section shall have the meanings
therein given.
[Amended 10-28-1982 by Ord. No. 244; 5-7-1987 by Ord. No. 291; 9-1-1988 by Ord. No. 316]
As used in this chapter, the following terms shall have the
meanings indicated:
An accessory use or structure is a use or structure which:
Is subordinate to and serves a principal building or a principal
use, including but not limited to the production, harvesting and storage
as well as washing, grading and packaging of unprocessed produce grown
on site.
Is subordinate in area, extent and purpose to the principal
structure or principal building or principal use.
Contributes to the comfort, convenience or necessity of the
occupants, business or industry of the principal use or principal
structure served.
Is located on the same lot as the principal use or principal
structure served, except as otherwise expressly authorized by the
provisions of this chapter.
The Secretary of the Planning Board, in the case of matters
involving the Planning Board; the Municipal Clerk, in the case of
matters involving the governing body; the Zoning Officer, in the case
of matters involving the issuance of zoning permits and the enforcement
of regulations.
[Amended 8-31-1989 by Ord. No. 337[1]]
The average number of cars per day that pass over a given
point.
A housing development with one or more components affordable to low- and moderate-income households (see Chapter 108) that is included in the Upper Deerfield Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable development.
[Added 9-5-2019 by Ord.
No. 810]
The growing and harvesting of crops and/or raising and breeding
of poultry and livestock, including dairies, nurseries, greenhouses,
orchards and accessory buildings incidental to agricultural uses.
Residential dwellings considered as an accessory use to a
farm or agricultural use/activity and used for the seasonal use of
employees of an agricultural or horticultural use.
A facility or use principally established to serve on-site
farming or ranching activities including but are not limited to the
following: auditing and accreditation, organic certification, local
food research and development, lab testing and approval, market research
and analysis, grants and opportunities, transportation research, plant
variety protection, research and promotion programs, pesticide data
programs.
[Added 2-15-2018 by Ord.
No. 770]
Land which is devoted to the production, for sale, of plants
and animals, including but not limited to forages and sod crops; grain
and feed crops; dairy animals and dairy products; poultry and poultry
products; livestock, including beef cattle, sheep, swine, horses,
ponies, mules or goats, including the breeding and raising of all
such animals; bees and apiary products; fur animals; trees and forest
products. Also included shall be land devoted to and meeting the requirements
and qualifications for payments or other compensation pursuant to
a soil conservation program under an agreement with an agency of the
federal government. For purposes of this chapter, "agricultural use"
does not include a dwelling. See "farm."
Agricultural uses, such as farms, ranches and vineyards that,
through promotion and advertising, facilities and activities, seek
to attract visitors, guests and vacationers.
[Added 11-19-2009 by Ord. No. 643]
Any area of land, adjacent to a public use airport, to be
utilized as a combined single-family residence and aircraft storage
facility.
[Added 8-2-1990 by Ord. No. 360]
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 the New Jersey
Department of Transportation as a public use airport or landing strip
or an area which has been determined by the Commissioner of the Department
of Transportation to be likely to be so licensed within one year of
the determination.
Any use of land or water, or both, which may create a dangerous
condition for persons or property in or about an airport or aircraft
during landing or taking off at an airport.
Any structure or tree which obstructs the airspace required
for the flight of aircraft in landing or taking off at an airport.
Any area of land or water, or both, upon which an airport
hazard might be created or established if not prevented as provided
by this chapter.
A minor way which is used primarily for vehicular service
access to the back or the side of properties otherwise abutting a
street.
A developer submitting an application for development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.
The Upper Deerfield Township Planning Board unless a different
agency is designated by ordinance, when acting pursuant to the authority
of N.J.S.A. 40:55D-1 et seq.
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year.
Streets and highways which will be used primarily for high
vehicular speeds and heavy volumes of traffic.
Residences for the frail elderly that provide rooms, meals,
personal care, and supervision of self-administered medication.
[Added 11-19-2009 by Ord. No. 643]
A facility licensed to provide apartment-style housing and
congregate dining that ensures the availability of assisted living
services when needed, for four or more adult persons unrelated to
the proprietor. Apartment units offer, at a minimum, one unfurnished
room, a private bathroom, a kitchenette, and a lockable door on the
unit entrance.
[Added 2-15-2018 by Ord.
No. 770]
Any premises used for the retail sales of oil or other products
necessary for the maintenance and operation of motor vehicles and
for servicing and repairs thereof, including vehicular painting and/or
bodywork, and where no junked or unregistered vehicles are kept or
stored.
[Added 2-15-2018 by Ord.
No. 770]
Any premises used for the retail sales of gasoline, oil or
other products necessary for the maintenance and operation of motor
vehicles and for servicing and minor repairs thereof, but where no
vehicular painting and/or bodywork is done and where no junked or
unregistered vehicles are kept or stored.
Any flood having a one-percent chance of being equaled or
exceeded in any given year.
A story of a building that is partly underground, having more than 1/2 of its interior height, measured from the floor to finished ceiling, below average finished grade of the ground adjoining the building. In connection with floodplain regulations contained in § 405-25 herein, the term "basement" shall be defined as any area of the building having its floor subgrade (below ground level) on all sides.
The length of one side of the street between two street center
lines.
The Board established pursuant to N.J.S.A. 40:55D-69.[2]
A rooming house in which the renting individuals are also
served with meals prepared in one kitchen by the owner or operator
of the house in return for a valuable consideration.
An area within a property or site, generally adjacent to
and parallel to the property line, either consisting of natural existing
vegetation or created by the use of trees, shrubs, fences, walls and/or
berms, designed to continuously limit view of and/or sound from the
site to adjacent sites or properties.
The combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy by persons, animals
or chattels and having a roof. The term "building" shall include "structure,"
and the term "structure" shall include "building."
The aggregate of the areas of all enclosed and roofed spaces
of a principal building and all accessory buildings. Such areas shall
be computed by using outside building dimensions measured on a horizontal
plane at ground level.
The vertical dimensions measured from the average elevation
of the finished lot grade at the midpoint of the front of the building
to the highest point of the roof for flat roofs, to the deckline of
mansard roofs, and to the mean height between eaves and ridge for
gable, hip and gambrel roofs. Conventional accessory structures, such
as chimneys, spires, aerials and elevator enclosures, shall not be
included in building height calculation.
The line parallel to the street line at a distance therefrom
equal to the depth of the required front yard in the district under
consideration. In the case of a lot abutting two streets, required
front yard setbacks from both streets shall be observed.
A building in which is conducted the principal use of the
lot on which said building is situated.
A governmental acquisition of real property or major construction.
The actual road surface area from curbline to curbline, which
may include travel lanes, parking lanes and deceleration and acceleration
lanes. Where there are no curbs, the "cartway" is that portion between
the edges of the paved, or hard surface, width.
A document which shall be deemed to authorize and be required
for each occupancy and use of the building or land to which it applies
and shall continue in effect only so long as such building and the
use thereof and use of such land is in full conformity with the requirements
of the Upper Deerfield Township Development Regulations Ordinance,
the Uniform Construction Code, the Existing Structures Code[3] and other pertinent ordinance or code of the Township dealing with the use and maintenance of property and/or structures. A certificate of occupancy shall only be issued upon completion of alteration or prior to any changes in occupancy of a building or land and only after it is determined by the appropriate issuing officer that said construction or change is in full compliance with Chapters 405 and 303 of this Code and the Uniform Construction Code.[4] Maintenance of a valid certificate of occupancy shall
be the responsibility of the property owner.
The identifiable bed and banks of a stream which convey a
normal, constant or intermittent flow of a stream.
An establishment providing for the care, supervision, and
protection of children.
[Added 11-19-2009 by Ord. No. 643]
The system, 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 for the handling of people and goods by such means
as terminals, stations, shelters, warehouses and other storage buildings
or transshipment points.
Any organization catering exclusively to members and their
guests or any organization for religious, vocational, civic, service,
recreational or athletic purposes which is not conducted for financial
gain.
Development based on an overall density for the entire tract
allowing reduced lot sizes so that higher densities result in individual
segments of the tract, provided that the gross density of the entire
tract permitted by this chapter is not exceeded and open space preservation
is an integral part of the design.
Streets which will carry traffic from minor streets to the
major system of arterial streets, including the principal entrance
streets of a residential development and streets for circulation within
such a development.
A farm or industrial use designed and intended primarily
for breeding, raising and processing of poultry or fowl for commercial
sale, and where the number of birds shall exceed 300 birds per use
at any one time.
The Commissioner of the New Jersey Department of Community Affairs; in the case of § 405-20 of this chapter, the Commissioner of the New Jersey Department of Transportation.
An open space area within or related to a site designated
as a development and designed and intended for the use or enjoyment
of residents and/or lot or dwelling 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.
A facility used for recreational, social, educational and
cultural activities.
[Added 11-19-2009 by Ord. No. 643]
A facility used for recreational, social, educational, cultural
and business meeting activities.
[Added 2-15-2018 by Ord.
No. 770]
See "planned commercial development."
A preliminary presentation and attendant documentation of
a proposed subdivision or site plan of sufficient accuracy to be used
for the purpose of discussion and classification.
The use permitted in a particular zone district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location and operation of such use
as contained in this chapter and upon the issuance of an authorization
therefor by the appropriate municipal agency.
A method of ownership of real property under a master deed
in which one or more owners holds full title and undivided interest
in the common grounds, common elements and/or supporting facilities
of the property. "Condominium" may also refer to the unit held in
single ownership.
In the case of planned developments requiring minimum tract
acreage, lands shall be considered contiguous to each other if they
abut each other or if they are separated by streets, ways, pipelines,
electric power lines, conduits or rights-of-way owned or controlled
by third parties.
A retail establishment of up to 6,000 square feet selling
primarily food products, household items, newspapers and magazines,
candy, beverages, and a limited amount of freshly prepared foods such
as sandwiches and salads for off-premises consumption.
[Added 7-7-2011 by Ord. No. 675; amended 2-15-2018 by Ord. No. 770]
A development other than a planned development.
The remolding or alteration of an existing structure so as
to accommodate the provision of more dwelling units than were originally
intended. "Conversion" includes the alteration of a nonresidential
structure into a dwelling unit for at least one family; the modification
of a single-family structure so as to accommodate two or more dwelling
units; and the alteration of a multifamily structure so as to accommodate
more units than originally intended.
Any administrative headquarters of a business or industry
which is characterized as a single employer primarily serving a regional,
national or international clientele.
[Added 12-30-2021 by Ord. No. 832]
A composite of the master plans for the physical development
of Cumberland County, with the accompanying maps, plats, charts and
descriptive and explanatory matter, adopted by the Cumberland County
Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4.
The Cumberland County Planning Board.
The percentage of the plot or lot area covered by all structures,
paving and nonporous materials, other than retaining walls, shrubbery
and fences. Any area of a lot covered by porous material will not
be included in the calculation of lot coverage.
A funeral establishment containing properly installed, certified
apparatus intended for use in the act of cremation.
[Added 2-15-2018 by Ord.
No. 770]
A minor land service street closed at one end and having
an adequate vehicle turning area at the closed end.
An establishment that documents the social and religious
structures and intellectual and artistic manifestations that characterize
a society and includes museums, art galleries, and botanical and zoological
gardens of a natural, historic, educational or cultural interest.
[Added 11-19-2009 by Ord. No. 643]
A facility that contains a large group of networked computer
servers typically used by organizations for the remote storage, processing,
or distribution of large amounts of data.
[Added 2-15-2018 by Ord.
No. 770]
A facility providing for the care, supervision, and protection
of more than six children at one time on a regular basis, for periods
of less than 24 hours per day in a place other than the child’s
own dwelling unit that is licensed and/or registered by the State
of New Jersey as required.
[Added 7-7-2011 by Ord. No. 675]
A facility providing for the care and supervision of 10 or
more elderly and/or functionally impaired adults in a protective setting
for a portion of a twenty-four-hour day that is licensed and/or registered
by the State of New Jersey as required.
[Added 7-7-2011 by Ord. No. 675]
Calendar days.
The number of dwelling units per acre for a given area that
includes streets and other common or public open spaces. In the case
of mixed-use development, space devoted to nonresidential uses is
also included.
The number of dwelling units per acre for a given area that
excludes streets and other common or public open spaces. In the case
of mixed-use development, space devoted to nonresidential uses is
also excluded.
Areas shown on a planned development wherein particular types
of dwelling units or commercial, industrial, institutional or common
open space uses may be situated and which are employed for the purpose
of calculating the maximum net density limitation and area requirements
applicable to said use. Such areas may, but need not be, coextensive
with any existing or proposed record lot lines.
A man-made or natural water collector facility designed to
collect surface and subsurface water in order to impede its flow and
to release the same gradually, at a rate not greater than that prior
to the development of the property, into natural or man-made outlets.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in the proposed development, including
the holder of an option for contract 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; any mining, excavation or landfill; any use or change of use of any building or other structure or land; or the extension of use of land for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq. In connection with § 405-20, Air safety and hazardous zoning, the term "development" shall mean the construction, reconstruction, creation or establishment of any structure or planting of a tree. In connection with § 405-25, Flood hazard requirements, the term "development" shall mean any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations located within an area of special flood hazard. Also see "project."
A zoning ordinance, subdivision ordinance, site plan ordinance,
official map ordinance or other municipal regulation of the use and
development of land, or amendment thereto, adopted and filed pursuant
to N.J.S.A. 40:55D-1 et seq.
The Director of the Division of Aeronautics.
A portion of the territory of Upper Deerfield Township wherein
certain regulations and requirements or various combinations thereof
apply pursuant to the provisions of this chapter.
The Division of State and Regional Planning in the Department of Community Affairs. In connection with § 405-20, Air safety and hazardous zoning, the word "Division" means the Division of Aeronautics of the Department of Transportation.
The removal of surface water or groundwater from land by
drains, grading or other means, and includes control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution and to maintain the integrity of stream channels
for their biological functions as well as for drainage; and the means
necessary for water supply preservation and prevention or alleviation
of flooding.
The lands required for the installation of stormwater sewers
and/or drainage ditches or required along a natural stream, swale
or other watercourse for preserving the channel or drainageway and
providing for the flow or passage of water therein to safeguard the
public from flood damage in accordance with the provisions of this
chapter and applicable state regulations and laws.
Any structure or portion thereof which is designed or used
for residential purposes.
Four attached dwellings in one building in which each unit
has two open space exposures and shares a common interior wall with
one or two adjoining units, with separate ground floor access for
each unit. Units are joined side to side, but are not located one
above another.
[Added 9-5-2019 by Ord.
No. 810]
Any room or group of rooms located within a structure forming
a single habitable unit with facilities which are used or intended
to be used for living, sleeping, cooking, eating and sanitation by
one family.
A building detached from other buildings and used for residential
purposes by one family and which has its own cooking, sleeping, sanitary
and general living facilities.
Any residential structure or grouping of structures designed
to provide dwelling units in attached fashion wherein each unit occupies
its own structure from ground to roof with outside entrance and includes
such attached housing as plexes (triplex, containing dwelling units
for three families; quadriplex, four families; and so on), patio houses
and atrium houses.
A single-family two-story dwelling unit with two vertical
party walls shared with adjacent dwelling units, or one party wall
if at the end of a group of dwelling units, provided with on-site
vehicular access and parking or designed as part of a residential
cluster with shared access and parking.
Any residential structure designed to provide dwelling units
to two families which are attached to each other, wherein each unit
occupies its own structure from ground to roof with an independent
outside entrance to each and includes such housing as duplexes, side-by-side
homes, or twin-family homes. Such dwellings may be one- or two-story.[5]
[Amended 12-4-2003 by Ord. No. 537-A]
An addition to the floor area of an existing building, an
increase in the size of any other existing structure or an increase
in that portion of a tract of land occupied by an existing use.
A municipal advisory body created pursuant to N.J.S.A. 40:56A-1
et seq.
Features, natural resources or land characteristics that
are sensitive to improvements and may require conservation measures
or the application of creative development techniques to prevent degradation
of the environment or may require limited development or in certain
instances may preclude development.
The detachment or movement of soil and rock fragments by
water, wind, ice or gravity.
A plan which fully indicates necessary land treatment measures,
including a schedule of the timing for their installation, which will
effectively minimize soil erosion and sedimentation. Such measures
shall be in accordance with the Standards for Soil Erosion and Sediment
Control in New Jersey as promulgated by the State Soil Conservation
Committee.
Structures and physical improvements, whether publicly or
privately owned, necessary to permit the orderly development of an
area, including such facilities as streets, water, sewerage, gas,
telephone or electric lines; supporting structures such as manholes
and catch basins; pumping stations; solid waste collection stations
or recycling centers or depots; transformer stations and utility poles;
but not including generating or storage plants, processing stations,
maintenance yards, administrative headquarter facilities or housing
or quarters for installation, repair or trouble crews.
Any act by which soil or rock is cut into, dug, uncovered,
removed, displaced or relocated.
One or more persons occupying a dwelling unit as a single
nonprofit housekeeping unit, who are living together as a bona fide,
stable and committed living unit, being a traditional family unit
or the functional equivalent thereof, exhibiting the generic character
of a traditional family.
[Amended 9-20-2007 by Ord. No. 590]
One or more lots, which may contain a residence, with at
least five additional acres used exclusively for agricultural purposes.
Any building located on a farm and used for housing of agricultural
equipment, produce, livestock, poultry or for the incidental or customary
processing of farm products, provided that such building is used in
conjunction with an active farming operation. The term "farm building"
shall not include a dwelling.
[Amended 1-19-1996 by Ord. No. 449]
A plan which takes into account the capabilities and limitations
of the soil on a given farm and proposes appropriate crop rotation
and soil conservation techniques for each field.
An accessory farm building or structure with requisite off-street
parking and loading space designed for seasonal sale of unprocessed
agricultural and/or horticultural products, and homemade handicrafts,
with at least 51% of its sales consisting of goods produced on the
farm on which it is located. No commercially packaged handicrafts
or commercially processed or packaged foodstuffs shall be sold at
a farm market.
[Added 2-15-2018 by Ord.
No. 770]
An accelerated system of application review procedures.
A structure which permanently or temporarily prohibits or
inhibits unrestricted travel between properties or portions of properties
or between the street or public right-of-way and the property.
The official action of the Planning Board taken on preliminarily
approved major subdivisions or site plans after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for their completion, or approval conditioned upon the posting
of such guaranties.
The official map issued by the Federal Insurance Administration,
where the areas of special flood hazard have been designated "Zone
A."
A general or temporary condition of partial or complete inundation
of normally dry land areas from the overflow of inland or tidal waters
and/or the unusual and rapid accumulation or runoff of surface waters
from any source.
The area adjoining any natural stream or watercourse subject
to periodic flooding or overflow and containing Berryland, Muck or
Pocomoke soils as delineated by the Soil Survey Report, Cumberland
County, New Jersey, as prepared by the United States Department of
Agriculture, Natural Resources Conservation Service (NRCS).
Any portion of a floodplain lying within 100 feet of the
adjacent channel edge of a natural stream, being defined as any stream
carrying water on an average of six months of the year, or within
25 feet from the edge of a lake or center line of any watercourse
other than a natural stream.
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
The sum of the gross horizontal areas of the several floors
of the principal commercial structure on a lot, excluding basement
space unless designed to be used for customary visits by the commercial
clientele, but including the area of permanent roofed porches and
terraces. All dimensions shall be measured between exterior wall faces.
An area fully enclosed by the inside surfaces of walls, windows,
doors and partitions and having a headroom of at least six feet six
inches, including living, eating, cooking, sleeping, storage, circulation,
service, utility and other related household spaces, but excluding
garages, carports, porches, unheated sheds and basements. Attics or
portions thereof may be considered "habitable floor area," provided
that they are fully finished and meet the proper height requirements.
The growing and harvesting of trees for commercial purposes;
except that the removal of trees located on a parcel of land one acre
or less in size on which a dwelling has been constructed, directly
associated with the use of the property for a nursery, garden center,
Christmas tree plantation or orchard, directly associated with the
use of the property for a landfill authorized pursuant to provisions
of this chapter, necessary for the maintenance of a public right-of-way,
for the personal use by the property owner or necessary to ensure
public safety shall not be considered "forestry."
A building or portion thereof used as an accessory to the
main building on a lot, designed or used primarily to provide for
the storage of not more than three motor vehicles and in which no
occupation, business or service for profit is carried on.
A building used for the off-street storage of motor vehicles,
the provision of incidental motor fuel service, the sale of accessories
and the repair of motor vehicles, excluding bodywork.
One or more one- or two-story multifamily structures, generally
built at a gross density of six dwelling units per acre, with each
structure containing no more than 12 dwelling units and including
related off-street parking, open space and recreation. Dwelling units
can be located back to back, adjacent and on top of each other.[6]
[Added 6-16-2005 by Ord. No. 557]
A subordinate structure or building intended to store lawn,
garden and pool care equipment, and similar items, which is not to
be served by a permanent heat source, or plumbing.
[Added 10-7-2021 by Ord. No. 830]
An area of land, including any structures thereon, used primarily
for the retail sale and direct delivery to motor vehicles of motor
fuel and lubricants, as well as such incidental services as the lubrication
and hand-washing of motor vehicles and the sale, installation and
minor repair of automotive accessories such as tires and batteries,
but where no vehicular painting and/or bodywork is done and where
no junked or unregistered vehicles are kept or stored.
[Amended 2-15-2018 by Ord. No. 770]
Illumination from a source of light producing a reading of
50 or more on a standard Weston photographic light meter or its equivalent
at a distance of three feet from the public right-of-way or a reading
of 0.8 or more when such meter or its equivalent is held anywhere
on a residential property line.
The Township Committee of the Township of Upper Deerfield
in the County of Cumberland.
A reference plane consisting of the average finished ground
level adjacent to a structure, building or facility at all visible
exterior walls.
Low-growing plants or sod that in time form a dense mat covering
the area in which they are planted, preventing soil from being blown
or washed away and the growth of unwanted plants.
A one-story room that is not susceptible to permanent division
and which may contain a kitchen or kitchenette and not more than one
bathroom.
[Added 2-15-2018 by Ord.
No. 770]
A shallow channel usually set along a curb or the pavement
edge of a road for purposes of catching and carrying off runoff water.
A facility or institution, public or private, principally
engaged in providing services for health maintenance and the treatment
of mental or physical conditions. Health care facilities include general
or special hospitals, public health centers, diagnostic centers, treatment
centers, outpatient clinics, dispensaries, surgical centers, emergent
care, physical therapy and rehabilitation facilities.
[Added 11-19-2009 by Ord. No. 643]
Establishments providing support to medical professionals
and their patients, such as medical and dental laboratories, blood
banks, oxygen, and miscellaneous types of medical supplies and services.
[Added 11-19-2009 by Ord. No. 643]
An establishment that provides facilities for aerobic exercises,
running, jogging, exercise equipment, game courts, swimming facilities,
and saunas, showers, massage rooms, and lockers.
[Added 11-19-2009 by Ord. No. 643]
Any building, structure, area or property that is significant
in the history, architecture, archaeology or culture of this state,
its communities or the nation and has been designated according to
statute.
An occupation, craft or skill conducted for the generation
of revenue entirely within a dwelling, or in an accessory structure
located on the same lot or tract as a dwelling. The use must: be clearly
incidental and secondary to the use of the property for residential
purposes; not change the character of the structure or area; or have
any exterior evidence of the home occupation except as permitted by
the Township Code. Home occupations are intended to be limited to
low-intensity uses that produce or repair a product, but can be operated
in such a way that they do not adversely affect adjacent properties.
[Amended 2-15-2018 by Ord. No. 770]
The office or studio in the residence of a physician, surgeon,
dentist, lawyer, architect, professional planner, licensed land surveyor,
engineer, barber or beautician, psychologist, accountant, teacher
or other state or federal recognized profession for which a permit
or license is issued, but excluding any school, class or similar activity
whether licensed or not, including but not limited to dance, martial
arts, aerobics, exercise or music activities. The use must: be clearly
incidental and secondary to the use of the property for residential
purposes; not change the character of the structure or area; or have
any exterior evidence of the home professional occupation except as
permitted by the Township Code.
[Amended 2-15-2018 by Ord. No. 770]
Land which is devoted to the production for sale of fruits
of all kinds, including grapes, nuts and berries; vegetables; nursery,
floral, ornamental and greenhouse products; or when devoted to and
meeting the requirements and qualifications for payments or other
compensation pursuant to a soil conservation program under an agreement
with an agency of the federal government.
Any structure providing overnight accommodations, other than
dwelling units, for hire to the traveling public, including a motel
or motor inn or lodge.
A single-family dwelling wherein furnished rooms without
cooking facilities are rented for valuable consideration to one or
more individuals unrelated by blood or marriage to the owner or operator
of the house.
Any surface which does not permit fluids to pass through
or penetrate its pores or spaces.
Any man-made, immovable item which becomes part of, placed
upon or is affixed to real estate.
A residential development in which a proportion of all units
are reserved for low-income households, as defined by the New Jersey
Council on Affordable Housing, and in which an equal proportion of
units are reserved for moderate-income households, as defined by the
New Jersey Council on Affordable Housing. For developments in which
the units are sold by fee simple, condominium, cooperative or similar
form of ownership, the sum of low- and moderate-income units shall
be 20% of the total number of units. For developments in which the
units are rented, the sum of low- and moderate-income units shall
be 15% of the total number of units.
[Amended 7-19-2018 by Ord. No. 779]
An area of a minimum contiguous acreage as specified by this
chapter, to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
industrial uses and any other uses incidental to the predominant use
as may be permitted by this chapter.
[Amended 2-15-2018 by Ord. No. 770]
A restraining order issued by a court of equity, forbidding
a person to do a particular act.
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 Township
development regulations or has been denied, violated or infringed
by an action or failure to act under Township development regulations.
The use of more than 1,000 square feet in the case of an
agricultural parcel or more than 200 square feet of the area of any
other lot, whether inside or outside a building, or the use of any
portion of that half of any lot that adjoins a public right-of-way
for the storage, keeping, processing or abandonment of wastepaper,
rags, scrap metal or other discarded material or for the dismantling,
demolition or abandonment of automobiles or other vehicles, machinery
or parts thereof.
Any building or land parcel used for the keeping of dogs
and other small household pets. The keeping of more than five such
animals on any one property shall constitute a "kennel."
Includes the surface and subsurface of the earth as well
as improvements and fixtures on, above or below the surface and any
water found thereon.
Any activity involving clearing, grading, transporting, filling
or any other actions which cause land to be exposed to the danger
of erosion.
See "developer."
The installation of plant material or seed as part of development.
Any activity involving the fabrication, reshaping, reworking,
assembly or combining of products, parts and/or materials:
[Added 12-30-2021 by Ord. No. 832]
Which does not involve the union of chemicals, compounds or
elements to produce a new compound or substance on-site for direct
industrial sale;
Which does not involve the union of chemicals, compounds or elements on-site for use during the fabrication, reshaping, reworking, assembly or combining of the products, parts and/or materials, except that the incidental application of chemicals or chemical products brought to the site is permitted pursuant to Subsection C of this definition hereinbelow;
Which may involve the incidental application of chemicals, compounds
or elements of chemical products during the fabrication, reshaping,
reworking, assembly or combining of the products, parts and/or materials,
including but not limited to painting, gluing and cleaning;
Which store and contain any and all products, parts and/or materials
utilized during the fabrication, reshaping, reworking, assembly or
combining of the products, parts and/or materials within completely
enclosed buildings; and
Which may involve storage and warehousing of the items fabricated,
reshaped, reworked, assembled or combined during the limited manufacturing
activity.
Any off-street space not less than 12 feet in width, 70 feet
in length and 15 feet in height, available for the loading or unloading
of goods, having direct access to a street or other public way and
so arranged that no vehicle is required to back into a public right-of-way.
For purposes of this chapter, a trash pickup area shall not be considered
a "loading space."
A street which, similar to the minor street, is designed
to serve as a means of access to properties which abut it and is not
intended to primarily or specifically serve nonlocal traffic, although
it may do so, and according to the volume of traffic to use it and
the movement of that traffic between other roadways may necessitate
wider right-of-way and cartway widths than a minor street.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law to be used, developed or built
upon as a unit.
The surface of a land parcel determined by its boundary lines
and expressed in terms of square feet or acres. Any portion of a lot
included in a street right-of-way shall not be included in calculating
the lot area.
The line of a lot or portion thereof which is coexistent
with the street line. In the case of a street of unidentified width,
said line shall be assumed to parallel the center line of the street
at a distance of 25 feet therefrom. In the case of corner lots, the
smaller of the two lot lines coexistent with street lines shall be
considered as the frontage. In no case shall the lot frontage be less
than 75% of the lot width.
Any line forming a portion of the exterior boundary of a
lot, which shall be the same line as the street line for that portion
of the lot abutting a street.
A horizontal distance between the side lot lines, measured
at right angles to the lot depth along the rear lines of the required
front yard space.
The lowest floor of the lowest enclosed area, including the
basement. An unfinished or flood-resistant enclosure, usable solely
for the parking of vehicles, building access or storage in an area
other than a basement, is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure
in violation of other applicable nonelevation design requirements.
Any security, other than cash, which may be accepted by a
municipality for the maintenance of any improvements required under
the authority of N.J.S.A. 40:55D-1 et seq.
A collector road already identified by the Township's Master
Plan as under heavy traffic demands and which serves as a major roadway
for the movement of traffic through the Township.
Any subdivision not classified as a minor subdivision.
A unit of housing which:
Consists of one or more transportable sections which are subsequently
constructed off site and, if more than one section, are joined together
on site.
Is built on a permanent chassis.
Is designed to be used, when connected to utilities, as a dwelling
on a permanent or nonpermanent foundation.
Is manufactured in accordance with the standards promulgated
for a manufactured home by the Secretary pursuant to the National
Manufactured Housing Construction and Safety Standards Act of 1974,
Public Law 93-383 (42 U.S.C. § 5401 et seq.), and the standards
promulgated for a manufactured or mobile home by the Commissioner
pursuant to the State Uniform Construction Code Act, P.L. 1975, c.
217 (N.J.S.A. 52:27D-119 et seq.).
In connection with floodplain regulations contained in § 405-25 herein, a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 calendar days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles.
In connection with floodplain regulations contained in § 405-25 herein, a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. (See also "mobile home park.")
Minor streets which are parallel to and adjacent to arterial
streets and highways and which provide access to abutting properties
and regulated vehicular access to the arterial street or highway.
A composite of one or more written or graphic proposals for
the development of the municipality as set forth and adopted pursuant
to N.J.S.A. 40:55D-28.
The Chairman of the Township Committee of the Township of
Upper Deerfield.
See "agricultural employee housing."
A development plan of one or more lots which:
Proposes new development within the scope of development specifically permitted by § 405-76B as a minor site plan.
Does not involve planned development, any new street or extension
of any off-tract improvement which is to be prorated pursuant to the
provisions of N.J.S.A. 40:55D-42.
Contains the information reasonably required in order to make
an informed determination as to whether the requirements established
by ordinance for approval of a minor site plan have been met.
Rights-of-way which are used primarily for access to abutting
properties. Minor streets include marginal access roads and culs-de-sac
serving no more than six lots.
A subdivision of land that does not involve:
The creation of more than four lots, sites or other divisions
of land in addition to a single reserved parcel, for the purpose,
whether immediate or future, of sale or building development.
Planned development.
Any new street.
Extension of any off-tract improvement, the cost of which is
to be prorated pursuant to the provisions of N.J.S.A. 40:55D-42.
Any unit, whether licensed or not, used for living, sleeping
or business purposes by one or more persons, built on a chassis, originally
designed without a permanent foundation, and includes a dwelling,
sleeping or business unit of vehicular design, used or intended or
constructed for use as a conveyance upon public streets and highways,
whether licensed or not; and further includes self-propelled vehicles
and other structures so designed, constructed and reconstructed or
added to by means of accessories in such a manner as to permit the
occupancy thereof as a dwelling, sleeping place or for business purposes
for one or more persons and having wheels, jacks, piers or skirtings
so arranged as to be integral with or portable by said mobile home;
and further includes that type of dwelling known as a "trailer," "camper,"
"travel trailer" or "camp car," even though the same may be placed
on a foundation. For the purposes of this chapter, "mobile home" shall
not include manufactured homes or any combination of mobile or movable
structures which, when attached or together in any arrangement, constitute
a dwelling unit(s), offices or other uses.
A parcel of land, or two or more parcels of land, containing
no fewer than 10 sites equipped for the installation of manufactured
homes, where these sites are under common ownership and control for
the purpose of leasing each site to the owner of a manufactured home
for the installation thereof and where the owner or owners provide
services, which are provided by the municipality in which the park
is located for property owners outside the park, which services may
include but shall not be limited to:
A type of hotel providing a series of rental units operated
as a single business for the primary purpose of providing lodging
for transient guests and where only a general kitchen and dining room
are provided within the building or as an accessory use thereto. An
office and single dwelling (for the hotel manager) may be provided
in conjunction with the operation of a motel.
[Amended 2-15-2018 by Ord. No. 770]
A combination sleeping room and private enclosed full sanitary
and bathing facilities which is rented to transients as temporary
sleeping accommodations.
The application of plant residue or other suitable materials
to the land surface to conserve moisture, hold soil in place and aid
the establishing of plant cover.
The Planning Board or the governing body of the Township
of Upper Deerfield when acting pursuant to the Development Regulations
of the Township of Upper Deerfield.
The Township of Upper Deerfield.
Any naturally eroded channel with visible evidence of banks
and bed, as distinguished from a swale, which shows no evidence of
natural erosion except occasional gullying, and from a ditch, which
is an artificially excavated channel.
An agency of the State of New Jersey established in accordance
with the provisions of Title 4, Chapter 24, of the New Jersey Revised
Statutes.
A structure or building, the size, dimension or location
of which was lawful prior to the adoption, revision or amendment of
this chapter, but which fails to conform to the requirements of the
zoning district in which it is located by reason of such adoption,
revision or amendment.
A lot, the area, dimensions or location of which was lawful
prior to the adoption, revision or amendment of this chapter, but
which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption, revision or amendment.
A detached single-family dwelling located in the Agriculture
Zone existing as of the date of this ordinance which does not include
a single-family dwelling on a farm or a rural residence.
[Added 3-21-2019 by Ord.
No. 801]
Any foundation consisting of nonmortared blocks, wheels,
concrete slab or runners, or any combination thereof, or any other
system approved by the Commissioner for the installation and anchorage
of a manufactured home on other than a permanent foundation.
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32
through 40:55D-36.
Any area located outside the lot lines of the lot in question
but within the property (of which the lot is part) which is the subject
of a development application or a contiguous portion of a street or
right-of-way.
Any area not located on the property which is the subject
of a development application or a contiguous portion of a street or
right-of-way.
Improvements made outside the original tract to accommodate
conditions generated inside the original tract that are transferred
off site as a result of the proposed development.
Any area located on the lot in question.
An office for the conduct of business for an ongoing, active
farming operation, provided that said office is located on the farm
whose business is being conducted and is within or attached to a farming-related
structure such as a barn, stable, cutting house or storage facility.
If unattached, said farm office structure shall not exceed 2,000 square
feet of office space. For purposes of this chapter, an "on-site farm
office" shall be considered an accessory use to a farm operation and
not subject to site plan review. Conversion of an on-site farm office
to use for a non-farm-related business shall be considered a change
of use requiring a new zoning permit.
[Added 1-19-1996 by Ord. No. 449]
Any area located on the property which is the subject of
a development application or a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designed 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 area, provided that such areas
may be improved with only those buildings, structures, streets and
off-street parking and other improvements that are designed to be
incidental to the natural openness of the land.
Any quantity of land capable of being described with such
definiteness that its location and boundaries may be established and
which is designed by its owner as land to be used as a unit
An area which contains five or more off-street parking spaces.
An area at least nine feet in width and 18 feet in length
exclusive of driveways appurtenant and giving access thereto, accessible
from a street, but not located on a street, which is both suitable
and intended for the parking of a passenger motor vehicle. Any off-street
parking space that is a part of a parking lot shall be so designed
as not to require a vehicle to back into or from a street right-of-way.
For purposes of notice, any applicant for development, the
owners of the subject property and all owners of property and government
agencies entitled to notice under N.J.S.A. 40:55D-12.
Any security which may be accepted by the Township of Upper
Deerfield, including cash, provided that the Township shall not require
more than 10% of the total performance guaranty in cash.
A system of support installed either partially or entirely
below grade, which is:
Any corporation, company, association, society, firm, partnership,
joint-stock company, individual, the state and all political subdivisions
of the state or any agencies or instrumentalities thereof.
Establishments providing nonmedically related services, including
beauty shops and barbershops, spas, clothing rental, dry cleaning
pickup, coin-operated laundromats, shoe repair and tanning salons.
[Added 11-19-2009 by Ord. No. 643]
See "plat."
An area of a minimum contiguous acreage as specified by this
chapter, to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
commercial or office uses, or both, and any residential or other uses
incidental to the predominant use that may be permitted by this chapter.
[Added 2-15-2018 by Ord.
No. 770]
An area of a minimum contiguous acreage as specified by this
chapter, to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
commercial or office uses, or both, and any residential or other uses
incidental to the predominant use that may be permitted by this chapter.
A planned retirement residential development.
[Added 1-19-1996 by Ord. No. 449]
An area of a minimum contiguous acreage as specified by this
chapter, to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
industrial uses and any other uses incidental to the predominant use
as may be permitted by this chapter.
An area with a specified minimum contiguous acreage of 12
acres or more to be developed as a single entity according to a plan,
containing one or more residential clusters designed and intended
to serve the needs of individuals 55 years of age and older, which
may include commercial or public or quasi-public uses all primarily
for the benefit of the residential retirement development.
[Added 1-19-1996 by Ord. No. 449; amended 2-15-2018 by Ord. No. 770]
An area with a minimum of 250 contiguous acres or more to
be developed according to a plan as a single entity, containing one
or more residential clusters or planned unit residential developments
and one or more public, quasi-public, commercial or industrial areas
in such ranges of ratios of nonresidential uses to residential uses
as provided by this chapter.
An area with a minimum of 100 contiguous acres or more to
be developed as a single entity according to a plan, containing one
or more residential clusters, which may include appropriate commercial
or public or quasi-public uses, all primarily for the benefit of the
residential development.
The Planning Board of the Township of Upper Deerfield established
pursuant to N.J.S.A. 40:55D-23.
A map or maps of a subdivision or site plan.
Water suitable for drinking and cooking purposes.
An initial meeting between developers and municipal representatives
which affords developers the opportunity to present their proposals
informally.
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46,
40:55D-48 and 40:55D-49 prior to final approval after specific elements
of a development plan have been agreed upon by the municipal agency
and the applicant.
Architectural drawings prepared during early and introductory
stages of the design of a project, illustrating in schematic form
its scope, scale and relationship to its site and immediate environs.
The main purpose for which any lot and/or building is used.
The office or offices of a physician, dentist, psychologist,
lawyer, engineer, accountant, architect, planner or land surveyor
or an office building or group of buildings housing such offices.
The disturbance of 5,000 square feet or more of the surface
area of land for the accommodation of construction for which a zoning
or building permit is required as set forth in this chapter.
A master plan, capital improvements 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 biological as well as drainage function of the
channel and providing for the flow of water to safeguard the public
against flood damage, sedimentation and erosion and to assure the
adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground, where practical, and to lessen nonpoint
pollution.
An open space area conveyed or otherwise dedicated to the
Township, a Township agency, the Township Board of Education, the
State of New Jersey, an agency of the State of New Jersey or County
of Cumberland or other public body for recreational and/or conservational
uses.
The use of land for public utility purposes by an entity
providing pipeline, gas, electrical, telephone, telegraph, water,
or sewage service. "Public utility" also includes the use of land
for utility purposes, whether or not owned, controlled, or operated
by a public entity, whose services are performed for or commodities
delivered to the public or any portion thereof. Private energy production,
transmission relay, repeater, translator, radio and television towers
and equipment, and cable television facilities are also considered
public utilities. "Public utility" does not include airports or television,
radio or community television antenna system administration offices,
or other types of administrative offices or maintenance yards.
[Added 2-15-2018 by Ord.
No. 770]
A nonprofit use serving the public or a significant portion
thereof, not controlled directly by government or a government agency
and financed in whole or in part by either public funds or public
contributions. In addition, quasi-public facilities include those
operated by nonprofit institutions or organizations which are operated
by persons or groups of persons for public purposes but with only
limited public control or accessibility.
A majority of the full authorized membership of a municipal
agency.
A method of runoff calculation.
Boats, campers, trailers or related vehicles (see "trailer")
and including skimobiles.
A facility that engages in the production of electric energy
from solar technologies, photovoltaic technologies, or wind energy.
[Added 11-19-2009 by Ord. No. 643]
A facility for investigation into the natural, physical or
social sciences, which may include engineering and product development.
[Added 11-19-2009 by Ord. No. 643]
The dredging, digging, extraction, mining and quarrying of
sand, gravel, clay, or ilmenite for commercial purposes, and/or the
removal of soil, from any lot in Upper Deerfield Township.
[Amended 2-15-2018 by Ord. No. 771]
Any establishment, however designed, at which food is sold
for consumption on the premises. However, a snack bar or refreshment
stand at a public or community swimming pool, playground, playfield
or park operated solely by the agency or group operating recreational
facilities and for the convenience of patrons of the facility shall
not be deemed to be a restaurant. "Restaurant" does not include takeout
or drive-in establishments which permit the consumption of food within
motor vehicles.
An establishment where food and/or beverages are sold in
a form ready for consumption, where all or a significant part of the
consumption takes place outside the confines of the restaurant, and
where ordering and pickup of food may take place from an automobile.
[Added 7-7-2011 by Ord. No. 675]
An order which may be issued upon the filing of an application
for an injunction, forbidding the defendant to do the threatened act
until a hearing on the application can be held.
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law or 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. The designation
of a subdivision as a "resubdivision" shall be determined on the basis
of the tract or parcel affected without regard to any change in ownership.
A retail or wholesale establishment with more than 50,000
square feet in a freestanding industrial-style one-story building
under common ownership or use, having a regional sales market and
including membership warehouse clubs, discount stores, and department
stores.
[Added 11-19-2009 by Ord. No. 643]
A retail establishment of more than 10,000 square feet and
not greater than 50,000 square feet under common ownership or use,
selling primarily food products, household items, newspapers and magazines,
candy and beverages, and a limited amount of freshly prepared foods
such as sandwiches and salads for off-premises consumption.
[Added 11-19-2009 by Ord. No. 643]
A retail establishment of up to 10,000 square feet under
common ownership or use, selling primarily food products, household
items, newspapers and magazines, candy and beverages, and a limited
amount of freshly prepared foods such as sandwiches and salads for
off-premises consumption.
[Added 11-19-2009 by Ord. No. 643]
A pond, pool or basin used for the permanent storage of water
runoff.
The boundary lines of land used or intended for use as streets
and from which required setbacks or front yard and lot depths shall
be measured. Where existing records are vague or show a lesser dimension,
they shall be considered to be not less than 50 feet apart or 25 feet
from the street center line.
A temporary accessory building or structure not to exceed
300 square feet of gross floor area with no space for customers within
the structure, designed for seasonal sale of agricultural and/or horticultural
products grown on the property on which the stand is located. The
intermittent sale of homegrown produce as an accessory use not involving
a building or structure, not occupying more than 300 square feet and
not creating any undue traffic hazards shall not be deemed to constitute
a "roadside stand."
[Amended 2-15-2018 by Ord. No. 770]
A system of support consisting of poured concrete strips
running the length of the chassis of a manufactured home under the
lengthwise walls of that home.
The water which is removed from the soil over the surface
or through drains beneath the surface by natural and/or man-made means.
A structure or planting consisting of fencing, berms and/or
evergreen trees or shrubs providing a continuous view obstruction
within a site or property.
The level below the natural ground surface to which water
seasonally rises in the soil in most years.
The Secretary of the United States Department of Housing
and Urban Development.
Solid soil material which has been moved from its site of
origin by air, water or gravity and has been deposited elsewhere.
A barrier or dam built at a suitable location to retain rock,
sand, gravel, silt or other material.
Disposition 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 building or group of buildings in a controlled-access and
fenced compound that contains varying sizes of individual compartmentalized
and controlled-access stalls or lockers for the storage of customers'
good and wares.
[Added 2-15-2018 by Ord.
No. 770]
A residential development including accessory buildings and
required or permitted social, cultural, medical and recreational facilities
limited to certain age groups conforming to 42 U.S.C. §§ 3601
through 3619, the federal Fair Housing Amendments Act of 1988, as
it may be amended or superseded.
[Added 9-5-2019 by Ord.
No. 810]
An underground system with a septic tank used for the decomposition
of domestic wastes.
A watertight receptacle that receives the discharge of sewage.
See "garage, repair" and "gasoline service station."
See "building line."
A group of commercial establishments planned, constructed
and managed as a single entity with customer and employee parking,
provision for goods delivery separated from customer access, aesthetic
considerations and protection from the elements.
[Added 7-7-2011 by Ord. No. 675]
A permitted area within the public right-of-way consisting
of tables and chairs where patrons may be served food and/or beverages
from an adjacent cafe or restaurant. There is an annual permit required
for sidewalk cafes that includes an annual fee per calendar year.
[Added 11-19-2009 by Ord. No. 643]
Any device designed to inform or attract the attention of
persons not on the premises on which the sign is located; provided,
however, that the following shall not be included in the application
of the Township of Upper Deerfield Development Regulations:
Signs not exceeding one square foot in area and bearing only
property numbers, postbox numbers or names of occupants or date of
construction.
Flags and insignias of any government agency, except when displayed
in connection with commercial promotion.
Legal notices, information or directional signs erected by governmental
bodies.
Integral, decorative or architectural features of buildings,
except letters, trademarks, moving parts or moving lights.
Signs directing traffic and parking on private property but
bearing no advertising matter.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the plot, 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 and lighting and
screening devices.
Any other information that may be reasonably required by a municipal
agency in order to make an informed determination pursuant to development
regulations adopted pursuant to N.J.S.A. 40:55D-37 et seq.
The natural part of the earth's surface being characterized
by layers parallel to the surface resulting from modification and
stratification of parent material by physical, chemical and biological
processes operating under varying conditions during varying periods
of time.
A governmental subdivision of this state organized in accordance
with the provisions of Title 4, Chapter 24, of the New Jersey Revised
Statutes.
A certificate issued to perform work in accordance with the
provisions of this chapter.
A solar energy system and all associated equipment which
converts solar energy into a usable electrical energy, heats water
or produces hot air or other similar function through the use of solar
panels.
[Added 11-19-2009 by Ord. No. 643]
Any tree of exceptional size which is listed by the New Jersey
Division of Parks and Forestry.
Standards that are adopted by ordinance pursuant to N.J.S.A.
40:55D-65d regulating noise levels, glare, earthborn or sonic vibrations,
heat, electronic or atomic radiation, noxious odors, toxic matters,
explosive and flammable matters, smoke and airborne particles, waste
discharge, screening of unsightly objects and conditions and such
other similar matters as may be reasonably required by the municipality
or required by applicable federal or state laws or other municipal
ordinances.
A provision for storage of stormwater runoff and the controlled
release of such runoff during and after a flood or storm.
A provision for storage of stormwater runoff.
Any covered area with a clear headroom of six feet six inches
or more, whether finished or not, except a basement.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way, which:
Is existing state, county or municipal roadway;
Is shown upon a plat heretofore approved pursuant to law;
Is approved by official action as provided by N.J.S.A. 40:55D-1
et seq.; or
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.
Includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking area and other areas within the street lines.
See "right-of-way lines."
Any activity which significantly disturbs a vegetated or
otherwise stabilized soil surface.
Any change in either the supporting members of a building,
such as bearing walls, columns, beams and girders, or in the dimensions
or configurations of the roof or exterior walls.
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. In connection with § 405-20, Air safety and hazardous zoning, the word "structure" shall mean any object constructed or installed by man, including but not limited to buildings, towers, smokestacks, chimneys and overhead transmission lines.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development. The following shall not be considered subdivisions within
the meaning of this chapter if no new streets are created:
Divisions of land found by the Planning Board or Subdivision
Committee thereof to be for agricultural purposes where all resulting
parcels are five acres or larger in size.
Divisions of property by testamentary or intestate provisions.
Divisions of property by court order, including but not limited
to judgments of foreclosure.
Divisions of property upon court order, including but not limited
to judgments of foreclosure.
Consolidation of existing lots by deed or other recorded instrument.
The conveyance of one or more adjoining lots, tracts or parcels
of land owned by the same person or officer to conform to the requirements
of this chapter and shown and designated as separate tracts or parcels
on the tax map or atlas of the Township. The term "subdivision" shall
also include the term "resubdivision."
The application for approval of a subdivision pursuant to
the Municipal Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et
seq.), or an application for approval of a planned unit development
pursuant to the Municipal Land Use Law, P.L. 1975, c. 291 (N.J.S.A.
40:55D-1 et seq.).
A committee of at least three Planning Board members appointed
by the Chairman of the Planning Board for the purpose of classifying
subdivisions in accordance with the provisions of the development
regulations and having such other duties related to land subdivision
as may be conferred on this committee by the Planning Board.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started or, if
the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition, "substantial improvement"
is considered to occur when the first alteration of any wall, ceiling,
floor or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either any project for improvement
of a structure to comply with existing state or local health, sanitary
building maintenance or safety code specifications which are solely
necessary to assure safe living conditions or any alterations of a
structure listed on the National Register of Historic Places or a
State Inventory of Historic Places.
A retail establishment having 10,000 square feet or more
of floor area devoted primarily to selling food and other convenience
and household goods.
[Added 7-7-2011 by Ord. No. 675]
A noncommercial privately owned pool constituting an accessory
use to a residential unit or units and located on the same lot therewith.
A wading pool with a depth of less than 18 inches or a portable swimming
device, located above ground level, with an area less than 125 square
feet and a water depth less than three feet, temporary in character
and constructed of material other than concrete or masonry, shall
not be deemed a swimming pool.
A public or privately owned pool open to the public on an
annual membership basis and having dressing rooms, off-street parking
and other appropriate accessories and facilities.
A private home where rooms are rented for overnight accommodation.
A "tourist house" shall also include a bed-and-breakfast establishment
which, in addition to providing overnight accommodation to tourists,
also provides a breakfast to said overnight guests.
[Amended 12-19-1991 by Ord. No. 381]
See "dwelling, townhouse."
A recreational vehicle, travel trailer, camper or other transportable,
temporary dwelling unit, with or without its own motor power, designed
and constructed for travel and recreational purposes, to be installed
on a nonpermanent foundation if installation is required.
A typed or printed verbatim record of the proceedings or
reproduction thereof.
A single or one-way vehicle movement to or from a property
or study area. Trips can be added together to calculate the total
number of vehicles expected to enter and leave a specific land use
or site over a designated period of time.
A facility used by a motor freight company for the receipt,
transfer, short-term storage, and dispatching of goods unloaded from
interstate trucks and/or intermodal trailers and containers carried
on the railroad and loaded onto local delivery trucks.
[Added 2-15-2018 by Ord.
No. 770]
Permission to depart from the literal requirements of this
chapter or other Upper Deerfield Township Development Regulations
pursuant to N.J.S.A. 40:55D-1 et seq.
A building used primarily for the storage (including cold
storage), wholesale and distribution of manufactured products, supplies,
equipment, which may include terminal facilities for handling freight
and related maintenance facilities. All items shall be stored within
a completely enclosed building, and storage of hazardous chemicals
is prohibited.
[Added 12-30-2021 by Ord. No. 832]
Any land area or structure either naturally formed or artificially
designed for the storage, passage, retention or flow of water, including
but not limited to lakes, ponds, streams, canals, ditches or swales.
A wind turbine and all associated equipment, including the
base, blade, foundation, nacelle, rotor, tower, transformer, vein,
wire, inverter, batteries and other components necessary to fully
utilize wind power.
[Added 11-19-2009 by Ord. No. 643]
An open space on the same lot with the principal building,
unobstructed by building structures from the ground surface to the
sky, except as otherwise provided in Upper Deerfield Township Development
Regulations.
A yard extending across the entire width of the lot between
the street right-of-way line and a parallel line across the lot at
which the front of the principal building may be located. The setback
line shall be synonymous with the rearmost limit of the required front
yard area.
A yard extending across the whole width of the lot between
the rear line of the lot and the nearest line at which any principal
building may be located on the lot. The depth of a rear yard shall
be measured at right angles to the rear line of the lot or, if the
lot is not rectangular, then in the general direction of its side
lot lines and midway between them.
A yard extending along the side lot line from the front yard
to the rear yard or, in the case of through lots fronting on two streets,
between the front yard lines. The width of a required side yard shall
be measured in such a manner that the yard established is a strip
of the minimum width required by district regulations with its inner
edge parallel to the side lot line.
A document issued and signed by the Zoning Officer, which:
Is required by this chapter as a condition precedent to the
commencement of a use or the erection, construction, reconstruction,
alteration, conversion or installation of a structure or building.
Acknowledges that such use, structure or building complies with
the provisions of this chapter or a variance therefrom duly authorized
by a municipal agency pursuant to N.J.S.A. 40:55D-60 and 40:55D-70.
[1]
Editor's Note: In this definition and throughout the Code
references to the "Zoning Board of Adjustment" are deleted or changed
to the "Planning Board." Ord. No. 649, adopted 12-30-2009, abolished
the Zoning Board of Adjustment and transferred its powers to the Planning
Board.
[4]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
[5]
Editor’s Note: The former definition of “earth
extraction,” which immediately followed this definition, was
repealed 2-15-2018 by Ord. No. 771.
[6]
Editor's Note: The original definition of "garden apartment"
was deleted 8-2-1990 by Ord. No. 360.
[7]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
