[Amended 11-27-1978 by Ord. No. 1978-15]
For the purpose of this chapter, all words used in the present
tense include the future tense. All words in the plural number include
the singular number, and all words in the singular number include
the plural number, unless the natural construction of the word indicates
otherwise. The word "shall" is mandatory and directory; the word "may"
is permissive. The word "used" includes "designed, intended or arranged
to be used."
As used in this chapter, the following terms shall have the
meanings indicated:
A structure detached from a principal building on the same
lot and customarily incidental and subordinate to the principal building
or use.
[Added 3-8-1999 by Ord. No. 1999-03]
A subordinate use or building, the purpose of which is incidental
to that of the main use or building and on the same lot.
Includes parks and playgrounds and golf courses, tennis courts,
swimming areas (lakes, rivers and pools), bicycle paths, indoor recreational
facilities, etc.
[Added 3-8-1999 by Ord. No. 1999-03][1]
The production, keeping or maintenance, for sale, lease or
personal use, of plants and animals useful to man, including but not
limited to forages and sod crops; grains and seed crops; dairy animals
and dairy products; poultry and poultry products; livestock, including
beef cattle, sheep, swine, horses, ponies, mules or goats, or any
grazing of any or all of such animals; bees and apiary products; fur
animals; trees and forest products; fruits of all kinds, including
grapes, nuts and berries; vegetables; nursery, floral, ornamental
and greenhouse products; or lands devoted to a soil conservation,
forestry management or wetlands mitigation program. In addition, the
following agricultural-related uses shall be considered under this
definition: agritourism and ecotourism operations, cooperative wholesale
agricultural product distribution facilities, commercial equestrian
and ranch facilities, riding and boarding stables, farm stands, retail
sales of equipment and supplies related to equestrian or riding operations
and wineries on lands used for orchards for the growing of grapes
and other fruits. (The use of products grown off site shall be permissible
for wineries.) "Agriculture" shall include all activities identified
as permissible under the New Jersey Right to Farm Act (as amended
by P.L. 1998, c. 48), N.J.S.A. 4:1C-9.
[Added 3-8-1999 by Ord. No. 1999-03; amended 11-10-2008 by Ord. No.
2008-13]
As applied to a building or structure, a change or rearrangement
in the structure parts or in the existing facilities or an enlargement,
whether by extension of a side or by increasing in height or by moves
from one location or position to another.
A room or suite of rooms used as a single dwelling unit and
located in a building in which there are two or more rooms or suites.
[Added 3-8-1999 by Ord. No. 1999-03]
Any building, land area or other premises or portion thereof
used or intended to be used for the retail dispensing or sales of
automobile fuels, which activity may be accompanied by accessory uses,
such as the sale of lubricants, tires, accessories or supplies, minor
repairing of automobiles, a convenience store with a gross floor area
of less than 1,000 square feet or a single-bay auto wash; provided,
however, that automobile wrecking, major repairing of automobiles,
parking or storing of automobiles for hire and the operation of more
than one towing vehicle shall not be deemed permissible accessory
uses of an automobile service station.
[Added 3-8-1999 by Ord. No. 1999-03]
The premises upon which is conducted any business or place
of storage or deposit whereon are located two or more unregistered
motor vehicles which are unfit for reconditioning for use for highway
transportation or the used parts of motor vehicles or materials which
have been a part of a motor vehicle, the sum of which parts or material
shall be equal in bulk to two or more motor vehicles. Operations which
may be described as a motor vehicle junk business or a motor vehicle
junkyard shall be included.
Any commercial premises used for the repair or servicing
of vehicles, but not including automotive wrecking.
[Added 3-8-1999 by Ord. No. 1999-03]
A building for the sale of, hire of or remuneration from
automotive and other vehicles and equipment. This shall be interpreted
to include auto accessory sales rooms but not the sale of junked vehicles
and equipment.
[Added 3-8-1999 by Ord. No. 1999-03]
A story partly underground and having more than 1/2 of its
height below the average level of the finished grade at the front
of the building.
The use of a private home to offer overnight accommodations
and food service, primarily breakfast, for paying guests. The ownership
and management of the bed-and-breakfast must be under the owner of
the property. Prior to operation, a bed-and-breakfast must complete
any required registrations with the State of New Jersey, Bureau of
Housing Inspection, and must secure any required food-handling permits
from the Township of Eastampton and/or Burlington County.
[Added 11-10-2008 by Ord. No. 2008-13]
An unobstructed right-of-way designed, marked and paved exclusively
for the use of foot-powered, nonmotorized bicycles.
[Added 3-8-1999 by Ord. No. 1999-03]
The area bounded by one or more streets or a municipal boundary
and of sufficient size to accommodate a lot or lots of the minimum
size required in this chapter and as further specified herein.
[Added 3-8-1999 by Ord. No. 1999-03][2]
An area within a property or site generally adjacent to and
parallel with the property line, consisting of either natural existing
vegetation or created by the use of trees, shrubs, berms or fences.
[Added 3-8-1999 by Ord. No. 1999-03]
A continuous strip of trees and/or shrubs, not less than
10 feet in depth and not less than six feet in height, densely planted
so as to restrict a clear view beyond said strip.
Any combination of materials which forms a construction adapted
to permanent, temporary or continuous occupancy and having a roof,
including tents, lunch wagons, trailers, dining cars or other structures
on wheels or having other supports.
[Amended 11-27-1978 by Ord. No. 1978-15]
The aggregate of the areas of all enclosed and roofed spaces
of the 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 percentage of the lot area which may be devoted to building
area.
[Added 8-8-1989 by Ord. No. 1989-4]
That exterior wall of a building facing the front line of
the lot.
[Added 3-8-1999 by Ord. No. 1999-03]
The vertical dimension measured from the average elevation
of the finished grade at the perimeter of the building to the highest
point of the roof.
The officially established Construction Official of the Township
of Eastampton.
[Amended 11-27-1978 by Ord. No. 1978-15]
A line formed by the vertical projection to the ground of
the exterior surface of the building on any side. In case of a cantilevered
or projected section of a building, the vertical projection will coincide
with the surface nearest the lot line. A building line shall not be
closer to the street line than the required front yard depth.
[Amended 5-26-1969 by Ord. No. 1969-5]
A building in which is conducted the main or principal use
of the lot, to which all other buildings on the lot are accessory.
[Added 3-8-1999 by Ord. No. 1999-03]
An established line within a property defining the minimum
required distance between the face of any structure to be erected
and an adjacent right-of-way or street line.
[Added 3-8-1999 by Ord. No. 1999-03]
The term used to describe the size of buildings or other
structures and their relationship to each other, to open areas such
as yards, and to lot lines and includes the size, height and floor
area of a building or other structure; the relation of the number
of dwelling units in a residential building to the area of the lot
(usually called density); and all open areas in yard space relating
to buildings and other structures.
[Added 3-8-1999 by Ord. No. 1999-03]
A cable television company as defined pursuant to Section
3 of P.L. 1972, c. 186 (N.J.S.A. 48:5A-3).
[Added 11-26-1996 by Ord. No. 1996-09]
All parts of the plant Cannabis sativa L., whether growing
or not, the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant, which are cultivated
and, when applicable, manufactured in accordance with P.L. 2021, c.
16, for use in cannabis products as set forth in this Act, but shall
not include the weight of any other ingredient combined with cannabis
to prepare topical or oral administrations, food, drink, or other
product. "Cannabis" does not include: medical cannabis dispensed to
registered qualifying patients pursuant to the Jake Honig Compassionate
Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.),
and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.) marijuana as
defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in
Chapters 35, 35A, and 36 of Title 2c of the New Jersey Statutes, or
P.L. 2001, c.114 (N.J.S.A. 2C:35B-1 et seq.), or marijuana as defined
in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied to
any offense set forth in the New Jersey Controlled Dangerous Substances
Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp
product cultivated, handled, processed, transported, or sold pursuant
to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6
et seq.);
[Added 7-19-2021 by Ord.
No. 2021-12]
As further described in Section 28 of P.L. 2019, c. 153 (N.J.S.A.
24:6I-21), a designated location operated by a licensed cannabis retailer
or permit holder for dispensing medical cannabis, for which both a
state and local endorsement has been obtained, that is either: 1)
an indoor, structurally enclosed area of the cannabis retailer or
permit holder that is separate from the area in which retail sales
of cannabis items or the dispensing of medical cannabis occurs; or
2) an exterior structure on the same premises as the cannabis retailer
or permit holder, either separate from or connected to the cannabis
retailer or permit holder, at which cannabis items or medical cannabis
either obtained from the retailer or permit holder, or brought by
a person to the consumption area, may be consumed.
[Added 7-19-2021 by Ord.
No. 2021-12]
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers. This person or entity shall hold a Class 1 Cannabis
Cultivator license.
[Added 7-19-2021 by Ord.
No. 2021-12]
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which, after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer. This person or entity shall hold a Class 6 Cannabis
Delivery license.
[Added 7-19-2021 by Ord.
No. 2021-12]
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities. This person or entity shall hold a Class 4 Cannabis Distributor
license.
[Added 7-19-2021 by Ord.
No. 2021-12]
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
[Added 7-19-2021 by Ord.
No. 2021-12]
A substance obtained by separating resins from cannabis by:
1) a chemical extraction process using a hydrocarbon-based solvent,
such as butane, hexane, or propane; 2) a chemical extraction process
using the hydrocarbon-based solvent carbon dioxide, if the process
uses high heat or pressure; or 3) any other process identified by
the Cannabis Regulatory Commission by rule or regulation.
[Added 7-19-2021 by Ord.
No. 2021-12]
Any usable cannabis, cannabis product, cannabis extract,
and any other cannabis resin. "Cannabis item" does not include: any
form of medical cannabis dispensed to registered qualifying patients
pursuant to the Jake Honig Compassionate Use Medical Cannabis Act,
P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.), and P.L. 2015, c. 158
(N.J.S.A. 18A:40-12.22 et seq.); or hemp or a hemp product cultivated,
handled, processed, transported, or sold pursuant to the New Jersey
Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).
[Added 7-19-2021 by Ord.
No. 2021-12]
The leaf of the plant Cannabis sativa L. within the plant
family Cannabaceae.
[Added 7-19-2021 by Ord.
No. 2021-12]
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
This person or entity shall hold a Class 2 Cannabis Manufacturer license.
[Added 7-19-2021 by Ord.
No. 2021-12]
Any equipment, products, or materials of any kind which are
used, intended for use, or designed for use in planting, propagating,
cultivating, growing, harvesting, composting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, vaporizing, or containing cannabis,
or for ingesting, inhaling, or otherwise introducing a cannabis item
into the human body. "Cannabis paraphernalia" does not include drug
paraphernalia as defined in N.J.S.A. 2C:36-1 and which is used or
intended for use to commit a violation of Chapter 35 or 36 of Title
2C of the New Jersey Statutes.
[Added 7-19-2021 by Ord.
No. 2021-12]
A product containing usable cannabis, cannabis extract, or
any other cannabis resin and other ingredients intended for human
consumption or use, including a product intended to be applied to
the skin or hair, edible cannabis products, ointments, and tinctures.
"Cannabis product" does not include: 1) usable cannabis by itself;
or 2) cannabis extract by itself; or 3) any other cannabis resin by
itself.
[Added 7-19-2021 by Ord.
No. 2021-12]
The resin extracted from any part of the plant Cannabis sativa
L., including cannabis extract and resin extracted using nonchemical
processes, processed and used in accordance with P.L. 2021, c.16.[3] "Cannabis resin" does not include: any form of medical
cannabis dispensed to registered qualifying patients pursuant to the
Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307
(N.J.S.A. 24:6I-1 et seq.); and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22
et seq.); hashish as defined in N.J.S.A. 2C:35-2 and applied to any
offense set forth in Chapters 35, 35A, and 36 of Title 2C of the New
Jersey Statutes, or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.),
or as defined in Section 2 of P.L.1970, c. 226 (N.J.S.A. 24:21-2)
and applied to any offense of the New Jersey Controlled Dangerous
Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp
or a hemp product cultivated, handled, processed, transported, or
sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c. 238
(N.J.S.A. 4:28-6 et seq.).
[Added 7-19-2021 by Ord.
No. 2021-12]
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer. This
person or entity shall hold a Class 5 Cannabis Retailer license.
[Added 7-19-2021 by Ord.
No. 2021-12]
An independent, third-party entity meeting accreditation
requirements established by the Cannabis Regulatory Commission that
is licensed to analyze and certify cannabis items and medical cannabis
for compliance with applicable health, safety, and potency standards.
[Added 7-19-2021 by Ord.
No. 2021-12]
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers. This person or entity shall hold a Class 3 Cannabis Wholesaler
license.
[Added 7-19-2021 by Ord.
No. 2021-12]
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground. A cellar
shall not be considered in determining the permissible number of stories,
nor shall it be considered in the calculation of habitable area, as
called for in various residential districts. (See "basement.")
[Added 3-8-1999 by Ord. No. 1999-03]
The identifiable bed and banks of a natural stream, which
conveys the constant or intermittent flow of the stream.
[Added 3-8-1999 by Ord. No. 1999-03]
A building used for public worship by a congregation, excluding
buildings used exclusively for residential, educational, burial, recreational
or other uses not normally associated with worship. The term "church"
shall not carry a secular connotation and shall include buildings
in which the religious services of any denomination are held.
[Added 3-8-1999 by Ord. No. 1999-03]
The district into which a parcel of land is placed and the
body of regulations to which it is subjected by this chapter and the
Zoning District Map.[4]
[Added 3-8-1999 by Ord. No. 1999-03]
An establishment where patients, who are not lodged overnight,
are admitted for examination and treatment by one or more of a group
of physicians, dentists, psychologists or social workers practicing
together.
[Added 3-8-1999 by Ord. No. 1999-03]
An organization catering exclusively to members and their
guests, including premises and buildings for social, recreational,
athletic or other purposes, which are not conducted primarily for
financial gain, provided that there are no vending stands, merchandising
or commercial activities conducted, except as required generally for
the membership and purpose of such club and within the property boundaries
of such facilities.
[Added 3-8-1999 by Ord. No. 1999-03]
An area of 10 or more contiguous acres developed as residential
lots, each containing less area than the minimum lot area required
for the zone within which such development occurs, but maintaining
the density limitation imposed by such minimum lot area through the
provision of open space as a part of the subdivision plan. In areas
of 100 or more contiguous acres developed as a single project which
covers two or more zoning districts, the various types of units may
be located anywhere in that tract, disregarding zoning boundaries
within the tract, provided that the original densities and types of
units allowed by each zoning district are not exceeded.
[Amended 11-27-1978 by Ord. No. 1978-15; 4-26-1983 by Ord. No.
1983-6]
A building, the principal use of which is commercial use.
[Added 3-8-1999 by Ord. No. 1999-03]
Any use permitted in a commercial district.
[Added 3-8-1999 by Ord. No. 1999-03]
The Cannabis Regulatory Commission established pursuant to
Section 31 of P.L. 2019, c. 153 (N.J.S.A. 24:6I-24).
[Added 7-19-2021 by Ord.
No. 2021-12]
Generally, a large parcel of land reserved for the use of
the residents of a particular project, owned and maintained by them
through a homeowners' association or condominium arrangements, and
maintained by an open space trust. It shall not include rear yards,
house lots or patios or such other private spaces not available for
general use by residents of the development.
[Added 5-29-1973 by Ord. No. 1973-3; amended 11-27-1978 by Ord. No.
1978-15; 3-25-1980 by Ord. No. 1980-4]
A building separated on all sides from the adjacent open
area or from other buildings or structures by a permanent roof and
by exterior walls or party walls, pierced only by windows or doors
normally provided for the accommodation of persons, goods or vehicles.
However, a parking structure, which has less than 50% of its outer
wall space open, shall be considered a completely enclosed building.
[Added 3-8-1999 by Ord. No. 1999-03]
A temporary license designated as either a Class 1 Cannabis
Cultivator license, a Class 2 Cannabis Manufacturer license, a Class
3 Cannabis Wholesaler license, a Class 4 Cannabis Distributor license,
a Class 5 Cannabis Retailer license, or a Class 6 Cannabis Delivery
license that allows the holder to lawfully act as a cannabis cultivator,
cannabis manufacturer, cannabis wholesaler, cannabis distributor,
cannabis retailer, or cannabis delivery service as the case may be,
which is issued pursuant to an abbreviated application process, after
which the conditional license holder shall have a limited period of
time in which to become fully licensed by satisfying all of the remaining
conditions for licensure which were not required for the issuance
of the conditional license.
[Added 7-19-2021 by Ord.
No. 2021-12]
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter and upon the issuance of an authorization
therefor by the Land Use Planning Board. Conditional uses are specified
by zoning district within this chapter.
[Added 3-8-1999 by Ord. No. 1999-03; amended 12-10-2001 by Ord. No.
2001-12]
The Township official specified in the Building Code[5] and designated as such by the Township Council.
[Added 3-8-1999 by Ord. No. 1999-03]
A person 21 years of age or older who purchases, directly
or through a cannabis delivery service, acquires, owns, holds, or
uses cannabis items for personal use by a person 21 years of age or
older, but not for resale to others.
[Added 7-19-2021 by Ord.
No. 2021-12]
The act of ingesting, inhaling, or otherwise introducing
cannabis items into the human body.
[Added 7-19-2021 by Ord.
No. 2021-12]
Land and parcels which abut each other or are separated only
by streets, ways, pipelines, electrical power lines, conduits or other
rights-of-way owned or controlled by others.
[Added 3-8-1999 by Ord. No. 1999-03]
Any development other than planned development.
[Added 3-8-1999 by Ord. No. 1999-03]
A building comprised of more than 10,000 square feet in which
at least half are rented or occupied by a single corporation or firm
and whose primary business is to serve as a regional or national center.
[Added 3-8-1999 by Ord. No. 1999-03]
Composite of the Master Plan for the physical development
of the county in which the Township is located, with the accompanying
maps, plats, charts and descriptive and explanatory matter adopted
by the County Planning Board pursuant to N.J.S.A. 40:27 and N.J.S.A.
40:27-4.
[Added 3-8-1999 by Ord. No. 1999-03]
The Burlington County Planning Board.
[Added 3-8-1999 by Ord. No. 1999-03]
An open, unoccupied space enclosed on all sides by the exterior
walls of a building.
[Added 3-8-1999 by Ord. No. 1999-03]
An open, unoccupied space enclosed on not more than three
sides by the exterior walls of a building.
[Added 3-8-1999 by Ord. No. 1999-03]
[Added 3-8-1999 by Ord. No. 1999-03]
BUILDING COVERAGEThe building area covered by all buildings on a lot, including all roofed areas on a lot, fixed or temporary, expressed as a percentage of the lot area.
IMPERMEABLE COVERAGEThe building coverage, plus the area of all paved surfaces which cover a lot, such as required parking spaces, including necessary maneuvering areas, passageways and driveways giving access thereto, service areas, accessways, streets, walkways, patios and plazas.
A minor land service street, closed at one end and having
adequate vehicular turn area at the closed end.
[Added 3-8-1999 by Ord. No. 1999-03]
The permanently established grade of the street in front
of a lot.
[Added 3-8-1999 by Ord. No. 1999-03]
Daytime care or instruction of three or more children away
from their own homes for more than three, but less than 16, hours
per day by an individual, association, corporation, institution or
agency, whether or not for compensation or reward.
[Added 3-8-1999 by Ord. No. 1999-03]
Calendar days.
[Added 3-8-1999 by Ord. No. 1999-03]
The transfer of property from private to public ownership
for a public purpose.
[Added 3-8-1999 by Ord. No. 1999-03]
The transportation of cannabis items and related supplies
to a consumer. "Delivery" also includes the use by a licensed cannabis
retailer of any third-party technology platform to receive, process,
and fulfill orders by consumers, which third party shall not be required
to be a licensed cannabis establishment, distributor, or delivery
service, provided that any physical acts in connection with fulfilling
the order and delivery shall be accomplished by a certified cannabis
handler performing work for or on behalf of the licensed cannabis
retailer, which includes a certified cannabis handler employed or
otherwise working on behalf of a cannabis delivery service making
off-premises deliveries of consumer purchases fulfilled by that cannabis
retailer.
[Added 7-19-2021 by Ord.
No. 2021-12]
The number of dwelling units per gross acre of land, including
streets, easements and open space portions of a development.
[Added 3-8-1999 by Ord. No. 1999-03]
The New Jersey Department of Health.
[Added 7-19-2021 by Ord.
No. 2021-12]
An area shown on a plan of a planned development wherein
particular types of dwelling units and commercial, industrial and/or
common open space are situated and that is employed for the purpose
of calculating the maximum net density and/or area requirements applicable
to the designated use. Such designated use area shall include land
covered by particular uses, internal local streets or minor accessways,
pedestrianways and all private yards, but not development collector
streets. The boundaries of such areas may, but need not, be the same
with any existing or proposed record lot lines.
[Added 3-8-1999 by Ord. No. 1999-03]
One which has yard access on all four sides.
[Added 3-8-1999 by Ord. No. 1999-03]
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 or contract to purchase or other person having an enforceable
proprietary interest in such land.
[Added 3-8-1999 by Ord. No. 1999-03]
The division of land into two or more parcels; the construction,
reconstruction, conversion, structural alteration, relocation or enlargement
of any building or other structure or of any mining excavation or
landfill; and any use or change in the use of any building or other
structure, or land or extension of use of land, for which permission
may be required pursuant to N.J.S.A. 40:55D-1 et seq.
[Added 3-8-1999 by Ord. No. 1999-03]
Any approval granted by an approval agency, including appeals
to the governing body, except certificates of occupancy and variances,
pursuant to N.J.S.A. 40:55D-70, which do not otherwise include issuance
of a construction permit, subdivision or site plan approval.
[Added 3-8-1999 by Ord. No. 1999-03]
All development other than major development.
[Added 3-8-1999 by Ord. No. 1999-03]
Any permit or certificate of compliance required to be issued for any development regulated by this chapter, Chapter 460, Subdivision of Land and Site Plan Review, or the Township of Eastampton Official Map Ordinance.
[Added 3-8-1999 by Ord. No. 1999-03]
The zoning, subdivision, site plan and Official Map regulations
of this chapter or other municipal regulation of the use and development
of land.
[Added 3-8-1999 by Ord. No. 1999-03]
A portion of the territory of the Township of Eastampton,
within which certain regulations and requirements or various combinations
thereof apply, pursuant to the provisions of this chapter.
[Added 3-8-1999 by Ord. No. 1999-03]
Any lot line of any lot or parcel of land, which coincides
with a district boundary line or which is contiguous to any public
or private right-of-way, containing a district boundary line.
[Added 3-8-1999 by Ord. No. 1999-03]
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff to minimize
erosion and sedimentation during and after construction or development
and means necessary for water supply preservation or prevention or
alleviation of flooding.
[Added 3-8-1999 by Ord. No. 1999-03]
The lands required for the installation of stormwater sewers
and/or drainage ditches or the land area 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
Township of Eastampton regulations or applicable state law.
[Added 3-8-1999 by Ord. No. 1999-03]
A building or portion thereof where:
[Added 6-12-2001 by Ord. No. 2001-05]
Foods and beverages are sold to customers or patrons in a form
ready for consumption;
The customers or patrons are not required to leave the motor
vehicles in order to pick up foods and/or beverages; and
The consumption of the foods and/or beverages sold generally
takes place outside the confines of the building and beyond the property
lines.
One or more rooms for living purposes, together with separate
cooking and sanitary facilities, which rooms are accessible from the
outdoors, either directly or through an entrance hall shared with
other dwelling units, and are used or intended to be used by one or
more persons living together and maintaining a common household.
SINGLE-FAMILY DETACHED DWELLINGA building designed for and occupied exclusively as a residence for only one family and having no party wall in common with an adjacent building.
DUPLEXA building designed for and occupied exclusively as a residence for only one family, applied to one of two houses which are detached from other buildings and joined together by a single party wall.
[Amended 11-10-2008 by Ord. No. 2008-13]
MULTIPLE DWELLINGA building designed for three or more dwelling units.
TOWNHOUSEA building that has not less than three nor more than eight one-family dwelling units erected in a row as a single building on adjoining lots, each being separate from the adjoining unit or units by an approved masonry, party or partition wall or walls, thus creating distinct and noncommunicating dwelling units. This definition shall also include such terms as "row house," "patio house," "court dwelling," "maisonette," etc.
[Added 4-26-1983 by Ord. No. 1983-6]
The area enclosed within the inside walls of the dwelling
unit with a finished floor-to-structural-ceiling height of not less
than seven feet six inches, excluding garages, porches and any spaces
located below the top of the foundation wall.
[Added 3-8-1999 by Ord. No. 1999-03]
The rebuilding, remodeling, addition, alteration, extension
or enlargement or conversion, in any manner, of an existing building
to increase the number of dwelling units contained therein.
[Added 3-8-1999 by Ord. No. 1999-03]
A cyclic movement of the earth due to the propagation of
mechanical energy.
[Added 3-8-1999 by Ord. No. 1999-03]
An interest in land owned by another that entitles its owner
to specific limited use or enjoyment.
[Added 3-8-1999 by Ord. No. 1999-03]
Electric lines carrying more than 230 kvs.
[Added 3-8-1999 by Ord. No. 1999-03]
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.
[Added 3-8-1999 by Ord. No. 1999-03]
The erection, construction, alteration or maintenance by
public utilities, telephone or municipal or other governmental agencies
of underground or overhead gas, electric, steam, water or sewage transmission
or distribution systems, including buildings, poles, wires, mains,
drains, sewers, pipes, conduits, cables, fire alarm boxes, police
call boxes, traffic signals, hydrants and other similar equipment
and accessories in connection therewith reasonably necessary for the
furnishing of adequate service by such public utilities or municipal
or other government agencies or for the public health, safety or general
welfare.
One or more persons related by blood, marriage, adoption
or guardianship, or any number of persons not so related occupying
a dwelling unit and living as a single housekeeping unit.
[Amended 3-8-1999 by Ord. No. 1999-03]
Any parcel of land five acres or larger in size which is
used for gain in the raising of agricultural products, including crops,
livestock, poultry or dairy products.
Any building used for the housing of agricultural equipment,
produce, livestock or poultry or for the incidental or customary processing
of farm products, and provided that such building is located on, operated
in conjunction with and necessary to the operation of the farm, as
defined by this chapter. The term "farm building" shall not include
dwellings.
One or more buildings, structures or vehicles used as living
quarters by temporary farm workers in connection with any work or
place where work is being performed, whether or not rent is paid or
reserved in connection with the use or occupancy of such quarters
or premises.
A facility used for the retail marketing of the agricultural
output of a farm or agricultural use.
[Added 11-10-2008 by Ord. No. 2008-13]
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 a property.
The total gross floor area of all buildings or structures
on a site, divided by the total area of the site.
[Added 3-8-1999 by Ord. No. 1999-03]
The sum of the gross horizontal areas of all floors of any
building or buildings on a lot, measured from the interior walls.
In particular, the total floor area shall be any basement or cellar
space which has been improved for residential purposes (but in no
case may that space, which is included as part of the total floor
area, exceed 20% of the total basement area); all space, other than
basement or cellar spaces, with structural headroom of at least seven
feet six inches and all interior balconies and mezzanines.
[Added 3-8-1999 by Ord. No. 1999-03]
A unit of illumination. Technically, the illumination at
all points one foot distant from a uniform point source of one candlepower.
[Added 3-8-1999 by Ord. No. 1999-03]
A group of people formally organized for a common interest,
business or pleasure. Such groups shall be defined to be similar but
not limited to organizations such as the Masonic Lodge, Knights of
Columbus, etc.
[Added 3-8-1999 by Ord. No. 1999-03]
A building or space accessory to a residence which provides
the storage of motor vehicles and in which no occupation, business
or service for profit is carried on.
Any garage, other than a private garage, available to the
public, operated for gain, and which is used for the equipping, adjusting,
storage, rental, repair, greasing, washing, polishing or other cleaning
or servicing of automobiles or other motor vehicles, including the
supply of gasoline or oil or other fuel for vehicular propulsion.
A residence building or group of one or more residence buildings
of not more than 2Â 1/2 stories in height and two rooms in depth
and erected as a project with singleness of use and operation and
where joint or communal use is to be made of open areas by the occupants,
whether it be for recreation, parking or other communal purposes.
An area of 50 or more contiguous acres containing a full-size
golf links, at least nine holes, totaling a minimum of 2,700 yards
from tee to green, together with such necessary and usual accessory
uses as a clubhouse, caretakers' dwellings, dining and refreshment
facilities and other such uses, provided that the operation of such
facilities is incidental and subordinate to the operation of the golf
course.
The Township Council of the Township of Eastampton.
The completed surfaces of lawns, walks and roads brought
to grades as shown on official plans.
The sum of the gross horizontal areas of every floor of a
building, measured from the inside face of exterior walls or from
the center line of party or common walls.
The sum of the gross horizontal areas of the floor or floors
of a building which are enclosed and usable for human occupancy. Said
areas shall be measured between the inside face of exterior walls
or from the center line of walls separating two dwelling units. Said
areas shall not include garage space or accessory building space.
The total floor area designed for tenant occupancy, including
basements, mezzanines and upper floors, if any, expressed in square
feet, measured from center lines of joint partitions and exteriors
of outside walls. The gross leasable area does not include the area
of any common malls, walkways or public facilities, equipment and
mechanical rooms and penthouses or truck docks.
[Added 3-8-1999 by Ord. No. 1999-03]
Any room or enclosed space used or intended to be used for
sleeping, living, cooking or dining purposes; excluding, however,
kitchens having less than 70 square feet of floor area, and further
excluding such enclosed places as utility rooms, closets, pantries,
bath or toilet rooms, hallways, cellars, storage spaces, garages and
similar spaces.
[Added 3-8-1999 by Ord. No. 1999-03]
The vertical distance, measured between grade and the highest
point of the highest element of the sign, excluding any incidental
structural element, such as an uplift cable for a projecting sign.
[Added 3-8-1999 by Ord. No. 1999-03]
Any building or structure which is designated by Township
of Eastampton, county, state or federal historic councils or agencies
for historic significance.
[Added 3-8-1999 by Ord. No. 1999-03]
One or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites.
[Added 3-8-1999 by Ord. No. 1999-03]
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing of historical,
archaeological, cultural, scenic or architectural significance.
[Added 3-8-1999 by Ord. No. 1999-03]
Any occupation carried on as a subordinate use solely by
a member of the family residing on the premises or a residential lot.
The accessory utilization of a portion of a dwelling unit
by a member(s) of the household, which functions are pursued exclusively
by mail or electronic means without any visible exterior indication
of the occupation on any structure.
[Added 8-27-1996 by Ord. No. 1996-05]
The office of a member of a recognized profession when conducted
on residential property. Such occupations shall include but not be
limited to those of doctors, lawyers, architects, engineers, artists,
ministers and other recognized professional persons.
An institution providing health services and medical or surgical
care to persons, primarily temporary inpatients suffering from illness,
disease, injury, deformity or other abnormal physical or mental condition,
and including as an integral part of the institution related facilities,
such as laboratories, outpatient facilities or training facilities.
The term "hospital" does not include institutions for the permanent
care of, or occupation by, the poor, infirm, incurable or insane.
[Added 3-8-1999 by Ord. No. 1999-03]
A commercial establishment containing 20 or more individual
sleeping rooms or suites, excluding accommodations for employees,
each having a private bath attached thereto, for the purpose of providing
overnight lodging facilities to the general public for compensation,
with or without meals, and in which ingress and egress to and from
all rooms may be made through an inside office or lobby, supervised
by a person in charge at all hours. For the purposes of this chapter,
"overnight" shall mean continued occupancy of a room or suite by the
same person or persons for a period not to exceed 14 days.
[Added 3-8-1999 by Ord. No. 1999-03]
Those persons related by blood or legal relationship in the
following manner: grandparents, grandchildren, parents, sons, daughters,
brothers and sisters, aunts and uncles and first cousins.
[Added 3-8-1999 by Ord. No. 1999-03]
Any land used for the following public or private purposes:
educational facilities, including universities, colleges, elementary
and secondary and vocational schools, kindergartens and nurseries;
cultural facilities, such as libraries, galleries, museums, concert
halls, theaters and the like; hospitals and convalescent facilities
as are integral to the operation of the hospital; medical and health
service facilities, including nursing homes; supervised residential
institutions, rehabilitation therapy centers and public health facilities;
law enforcement facilities; military facilities; and other similar
facilities.
[Added 3-8-1999 by Ord. No. 1999-03]
Any area and/or structure used or intended to be used for
the conducting and operating of the business of selling, buying, storing
or trading in used or discarded metal, glass, paper, cordage or any
used or broken fixtures or equipment of any kind.
A plan clearly indicating the type of plant material to be
incorporated into the overall design of the site. Such plan, at a
minimum, shall show the texture, quantity, seasonal qualities, heights,
size, spacing and organization of such plant material.
[Added 3-8-1999 by Ord. No. 1999-03]
The Land Use Planning Board of the Township of Eastampton.
[Amended 12-10-2001 by Ord. No. 2001-12]
A license issued under P.L. 2021, c.16[7], including a license that is designated as either a Class
1 Cannabis Cultivator license, a Class 2 Cannabis Manufacturer license,
a Class 3 Cannabis Wholesaler license, a Class 4 Cannabis Distributor
license, a Class 5 Cannabis Retailer license, or a Class 6 Cannabis
Delivery license. The term includes a conditional license for a designated
class, except when the context of the provisions of P.L. 2021, c.16,
otherwise intend to only apply to a license and not a conditional
license.
[Added 7-19-2021 by Ord.
No. 2021-12]
A person or entity that holds a license issued under P.L.
2021, c.16,[8] including a license that is designated as either a Class
1 Cannabis Cultivator license, a Class 2 Cannabis Manufacturer license,
a Class 3 Cannabis Wholesaler license, a Class 4 Cannabis Distributor
license, a Class 5 Cannabis Retailer license, or a Class 6 Cannabis
Delivery license, and includes a person or entity that holds a conditional
license for a designated class, except when the context of the provisions
of P.L. 2021, c.16., otherwise intend to only apply to a person or
entity that holds a license and not a conditional license.
[Added 7-19-2021 by Ord.
No. 2021-12]
An owner, director, officer, manager, employee, agent, or
other representative of a licensee, to the extent that the person
acts in a representative capacity.
[Added 7-19-2021 by Ord.
No. 2021-12]
Any sewerage authority created pursuant to the Sewerage Authorities
Law, P.L. 1946, c. 138 (N.J.S.A. 40:14A-1 et seq.); any utilities
authority created pursuant to the Municipal and County Utilities Authority
Law, P.L. 1957, c. 183 (N.J.S.A. 40:14B-1 et seq.); or any utility,
authority, commission, special district or other corporate entity
not regulated by the Board of Regulatory Commissioners under Title
48 of the Revised Statutes that provides gas, electricity, heat, power,
water or sewer service to the Township or the residents thereof.
[Added 11-26-1996 by Ord. No. 1996-09]
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
[Amended 11-27-1978 by Ord. No. 1978-15]
An area of land enclosed by the boundary line of the lot
and expressed in terms of square feet or acres. Any portion of a lot
included in a public right-of-way shall not be included in calculating
lot area.
A lot bounded on two or more sides by a public right-of-way.[9]
A mean horizontal distance between the front and rear lot
lines, measured at right angles to a chord connecting the intersection
points of the side lot lines and the front lot lines.
A lot having frontage on two nonintersecting streets.
[Added 3-8-1999 by Ord. No. 1999-03]
The horizontal distance measured along the full length of
a street line abutting the lot line. In the case of corner lots, the
shorter of the two street lines shall be considered as the frontage.
A lot other than a corner lot.
[Added 3-8-1999 by Ord. No. 1999-03]
In the case of an interior lot abutting upon only one street,
the street line separating such lot from such street line. In the
case of a double frontage lot, the front lot line shall be considered
the line closest to the front door of the property. The other street
line shall be considered the rear lot line. In the case of a corner
lot, the shorter street line separating such lot from a street shall
be considered to be the front lot line.
[Amended 3-8-1999 by Ord. No. 1999-03; 10-27-2008 by Ord. No.
2008-03]
That lot line which is parallel to and most distant from
the front lot line of the lot; provided, however, that, in the case
of irregular, triangular or gore-shaped lots, a line 20 feet in length,
entirely within the lot, parallel to and at the maximum possible distance
from the front lot line, shall be considered to be the rear lot line.
[Added 3-8-1999 by Ord. No. 1999-03]
Any lot line not a front lot line or a rear lot line.
The smallest lot on which a particular use or structure may
be located in a particular district.
[Added 3-8-1999 by Ord. No. 1999-03]
A parcel of land which is a lot in a subdivision recorded
on the records of the Recorder of Deeds of Burlington County or which
is described by a metes and bounds description that has been so recorded.
[Added 3-8-1999 by Ord. No. 1999-03]
The distance between the side lot lines measured at right
angles to its depth at the front setback line.
Any security which may be accepted by a municipality for
the maintenance of any improvements required by the Township, including
but not limited to surety bonds, letters of credit under the circumstances
specified in Section 16 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.5),
and cash.
[Added 11-26-1996 by Ord. No. 1996-09]
The drying, processing, compounding, or conversion of usable
cannabis into cannabis products or cannabis resins. "Manufacture"
does not include packaging or labeling.
[Added 7-19-2021 by Ord.
No. 2021-12]
A cannabis plant that is not an immature cannabis plant.
[Added 7-19-2021 by Ord.
No. 2021-12]
Cannabis dispensed to registered qualifying patients pursuant
to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009,
c. 307 (N.J.S.A. 24:6I-1 et seq.), and P.L. 2015, c. 158 (N.J.S.A.
18A:40-12.22 et seq.) "Medical cannabis" does not include any cannabis
or cannabis item which is cultivated, produced, processed, and consumed
in accordance with P.L. 2021, c.16.[10]
[Added 7-19-2021 by Ord.
No. 2021-12]
A person or entity licensed under P.L. 2021, c.16[11] as a cannabis cultivator, cannabis manufacturer, cannabis
wholesaler, cannabis distributor, cannabis retailer, or cannabis delivery
service that may only, with respect to its business operations, and
capacity and quantity of product: 1) employ no more than 10 employees;
2) operate a cannabis establishment occupying an area of no more than
2,500 square feet, and in the case of a cannabis cultivator, grow
cannabis on an area no more than 2,500 square feet measured on a horizontal
plane and grow above that plane not higher than 24 feet; 3) possess
no more than 1,000 cannabis plants each month, except that a cannabis
distributor's possession of cannabis plants for transportation
shall not be subject to this limit; 4) acquire each month, in the
case of a cannabis manufacturer, no more than 11,000 pounds of usable
cannabis; 5) acquire for resale each month, in the case of a cannabis
wholesaler, no more than 1,000 pounds of usable cannabis, or the equivalent
amount in any form of manufactured cannabis product or cannabis resin,
or any combination thereof; and 6) acquire for retail sale each month,
in the case of a cannabis retailer, no more than 1,000 pounds of usable
cannabis, or the equivalent amount in any form of manufactured cannabis
product or cannabis resin, or any combination thereof.
[Added 7-19-2021 by Ord.
No. 2021-12]
Any building containing more than 10 occupancy units which
are rented or hired out to provide overnight lodging to the general
public, with parking places adjacent to the bedrooms, and which is
subject to the laws and regulations of the State of New Jersey. For
the purposes of this chapter, "overnight" shall mean continued occupancy
of a room by the same person or persons for a period not to exceed
14 days.
[Added 3-8-1999 by Ord. No. 1999-03]
A place where gasoline or other motor fuel or lubricating
oil or grease for operating motor vehicles is offered for sale at
retail to the public, which may include the sale of accessories, oiling,
greasing, washing and light motor vehicle repairs on the premises.
An attached dwelling within a building with three to five
dwellings, with one dwelling above, side-by-side or back-to-back with
another dwelling.
[Added 8-8-1989 by Ord. No. 1989-4]
A lot, the area, 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.
[Amended 11-27-1980 by Ord. No. 1978-15]
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 reasons of such adoption, revision or amendment.
[Amended 11-27-1978 by Ord. No. 1978-15]
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of land, which shall include
recreational facilities and municipal public buildings for purposes
other than recreation, title to which may be deeded to the Township
without reservation or condition.
[Added 3-25-1980 by Ord. No. 1980-4; amended 8-11-1987 by Ord. No.
1987-15]
An organization in which all common open space land is deeded
to a trustee through a deed of trust. The trustee owns, maintains
and preserves the common open space. All residents have an easement
over the surface of common open space land and share equitably in
the cost of maintenance and development. The organization for the
administration of the trust shall be a nonprofit corporation form
pursuant to Title 15 of the New Jersey State Statutes.
[Added 5-29-1973 by Ord. No. 1973-3]
Any land area used or intended to be used for the parking
of more than three vehicles.
[Added 3-8-1999 by Ord. No. 1999-03]
A space for the parking of a motor-driven vehicle within
a public or private parking area.
[Added 3-8-1999 by Ord. No. 1999-03]
Recreational facilities designed specifically for such uses
as:
[Added 3-8-1999 by Ord. No. 1999-03]
Any security which may be accepted by the Township, including
but not limited to surety bonds, letters of credit under the circumstances
specified in Section 16 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.5),
and cash.
[Added 11-26-1996 by Ord. No. 1996-09]
A landscaped open space, intended to enhance the appearance
of parking lots and other outdoor auto-related uses or to screen incompatible
uses along district boundary lines by means of appropriate landscaping
or screening. Perimeter-landscaped open space shall be broken only
by required accessways. Where a perimeter-landscaped space is required,
a landscaping plan shall be submitted for review.
[Added 3-8-1999 by Ord. No. 1999-03]
Area of setback around the entire outside edge of property.
[Added 3-8-1999 by Ord. No. 1999-03]
A certificate issued by the Department of Code Enforcement
for the construction, reconstruction, remodeling, alteration or repair
of a building or other structure upon approval of submitted plans
therefor.
[Amended 11-27-1978 by Ord. No. 1978-15]
A certificate issued by the Department of Code Enforcement
upon completion of the construction of a new building or upon a change
in the use of a building which certifies that all requirements of
this chapter or such adjustment therefrom which has been granted by
the Land Use Planning Board and all other applicable conditions have
been complied with.
[Amended 11-27-1978 by Ord. No. 1978-15; 12-10-2001 by Ord. No.
2001-12]
A certificate for conditional use issued by the Department
of Code Enforcement for the conduct of a special or conditional use,
which states that the requirement governing conditional uses in this
chapter and all other applicable requirements have been complied with,
as certified by the Land Use Planning Board.
A certificate issued by the Department of Code Enforcement
for the conduct of a use otherwise prohibited by this chapter for
a limited time period and stating that the special requirements governing
such use and all other applicable requirements have been complied
with, as certified by the Land Use Planning Board.
[Amended 11-27-1978 by Ord. No. 1978-15; 12-10-2001 by Ord. No.
2001-12]
A certificate issued by the Department of Code Enforcement
stating that the purpose for which a building or land is to be used
is in conformity with the uses permitted and all other requirements
under this chapter for the zone in which the proposed use is located
or is to be located.
[Amended 11-27-1978 by Ord. No. 1978-15]
A church, synagogue, temple, mosque or other facility that
is used for prayer and religious services by persons of similar beliefs.
[Added 3-8-1999 by Ord. No. 1999-03; amended 3-22-2021 by Ord. No. 2021-3]
An area of a minimum contiguous or noncontiguous size as
specified by this chapter to be developed according to a plan as a
single entity containing one or more structures with appurtenant common
areas to accommodate commercial or office uses or both and any residential
and other uses incidental to the predominant use as may be permitted
by this chapter.
[Added 11-26-1996 by Ord. No. 1996-09]
Unit development, planned unit residential development, residential
cluster, planned commercial development or planned industrial development.
[Added 3-8-1999 by Ord. No. 1999-03]
An area of a minimum contiguous or noncontiguous size as
specified by this chapter to be developed according to a plan as a
single entity containing one or more structures with appurtenant common
areas to accommodate industrial uses and any other uses incidental
to the predominant use as may be permitted by this chapter.
[Added 11-26-1996 by Ord. No. 1996-09]
An area with a specified minimum contiguous or noncontiguous acreage of 10 acres or more to be developed as a single entity according to a plan, 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 or ratios of nonresidential uses to residential uses as shall be specified in Chapter 540, Zoning.
[Added 11-26-1996 by Ord. No. 1996-09]
An area with a specified minimum contiguous or noncontiguous
acreage of five acres or more to be developed as a single entity according
to a plan containing one or more residential clusters, which may include
appropriate commercial or public or quasi-public uses, all primarily
for the benefit of the residential development.
[Added 11-26-1996 by Ord. No. 1996-09]
A unit greater in dimension than three feet in length by
three feet in width by three feet in height rented or owned or for
use by the property owner or occupant for storage of personal items
or used for the packing or storage of items for permanently moving
to or from the residence or for temporarily storing items during a
renovation to the main residences or for the disposal of demolition
debris. Portable storage units include, but are not limited to, sea
boxes, bulk storage containers, portable on-demand storage containers,
store-to-door mobile transportation storage containers, rolloff containers
or other such similar containers. For purposes of this chapter, trash
dumpsters shall be deemed a portable storage unit.
[Added 4-26-2010 by Ord. No. 2010-07]
Includes the following areas of a location licensed under
P.L. 2021, c.16:[13] all public and private enclosed areas at the location
that are used in the business operated at the location, including
offices, kitchens, restrooms, and storerooms; all areas outside a
building that the Cannabis Regulatory Commission has specifically
licensed for the production, manufacturing, wholesaling, distributing,
retail sale, or delivery of cannabis items; and, for a location that
the Commission has specifically licensed for the production of cannabis
outside a building, the entire lot or parcel that the licensee owns,
leases, or has a right to occupy.
[Added 7-19-2021 by Ord.
No. 2021-12]
A building in which is conducted the main or principal use
of the lot on which said building is situated.
A building and related facilities owned or operated by a
corporation, association or group of persons for the social, educational
or recreational purposes of members regularly paying dues, but not
primarily for profit nor to render a service which is customarily
carried on as a business.
[Added 3-8-1999 by Ord. No. 1999-03]
The planting, cultivation, growing or harvesting of cannabis.
"Produce" does not include the drying of cannabis by a cannabis manufacturer
if the cannabis manufacturer is not otherwise manufacturing cannabis.
[Added 7-19-2021 by Ord.
No. 2021-12]
The office of a member of a recognized professional, including
doctors or physicians, dentists, optometrists, ministers, architects,
landscape architects, professional engineers, lawyers, artists, authors,
musicians and such other similar professional occupations which may
be so designated by the approving agency upon finding that such occupation
is truly professional in character by virtue of the need for similar
training or experience as a condition for the practice thereof and
that the practice of such occupation shall in no way adversely affect
the safe and comfortable enjoyment of property rights in any zone
to a greater extent than for the professional activities listed herein.
The issuance of a state or local license for regulation of any gainful
occupation need not be deemed indicative of professional standing.
[Added 8-27-1996 by Ord. No. 1996-05]
[Added 3-8-1999 by Ord. No. 1999-03]
Development by any federal, state, Township or other governmental
agency.
[Added 3-8-1999 by Ord. No. 1999-03]
A master plan, capital improvement program or other proposal
for land development adopted by the appropriate public body, or any
amendment thereto.
[Added 3-8-1999 by Ord. No. 1999-03]
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches or required along the channel and providing
for the flow of water to safeguard the public against flood damage,
sedimentation and erosion.
[Added 3-8-1999 by Ord. No. 1999-03]
Any improvement, facility or service, together with its associated
public site or right-of-way, necessary to provide transportation,
drainage, utility, energy or similar essential services, including
but not limited to streets, drives, sidewalks, walkways and other
vehicular and pedestrian circulation systems, together with customary
improvements and appurtenances, such as signaling, signage, curbs
and gutters, shade trees and landscaped buffers or parkways and street
furniture; facilities incidental to a public transportation system,
such as loading zones, turnarounds, passenger waiting areas protected
from inclement weather and pedestrian linkages between loading areas
and activity areas; storm sewers and appurtenances, drainageways,
culverts, flood-control basins and devices, retention and detention
basins or areas to control storm runoff, erosion and sediment control
structures and devices and other drainage structures, devices and
facilities; water supply and distribution facilities and appurtenances,
both for domestic use and for fire protection; sanitary sewage disposal
and treatment facilities and appurtenances; public utility facilities
and appurtenances for gas, electric and telephone service; and facilities
and appurtenances for the production, conversion, distribution and
storage of energy necessary for essential residential, resort, commercial
and industrial uses permitted by this chapter.
[Added 3-8-1999 by Ord. No. 1999-03]
An open space area owned by a public agency, such as a municipality,
and maintained by it for the use and enjoyment of the public at large.
It shall not include rear yards, house lots, patios or other such
private spaces not available for general use by residents of the development.
[Amended 3-25-1980 by Ord. No. 1980-4]
Any place to which the public has access that is not privately
owned; or any place to which the public has access where alcohol consumption
is not allowed, including, but not limited to, a public street, road,
thoroughfare, sidewalk, bridge, alley, plaza, park, playground, swimming
pool, shopping area, public transportation facility, vehicle used
for public transportation, parking lot, public library, or any other
public building, structure, or area.
[Added 7-19-2021 by Ord.
No. 2021-12]
An area devoted to or planned for use as a public park, a
public school, a federal, state, county or Township building or facility
site, another public use or facility or a right-of-way or easement
for a street, transportation corridor, utility corridor, waterway
or drainageway owned or to be owned by a government agency.
[Added 3-8-1999 by Ord. No. 1999-03]
Any public utility regulated by the Board of Regulatory Commissioners
and defined pursuant to N.J.S.A. 48:2-13.
[Added 11-26-1996 by Ord. No. 1996-09]
A private or public space, including essential buildings
and structures used for play and recreational space for individuals.
[Added 3-8-1999 by Ord. No. 1999-03]
A place designed and equipped for the conduct of sports,
leisure-time activities and other customary and usual recreational
activities which have an insignificant impact on surrounding uses
or on the environmental integrity of the area.
[Added 3-8-1999 by Ord. No. 1999-03]
Includes parks and playgrounds and golf courses, tennis courts,
swimming areas (lakes, rivers and pools), bicycle paths and indoor
recreational facilities.
[Added 3-8-1999 by Ord. No. 1999-03]
A recreation area, including active recreation facilities,
passive recreation facilities, athletic fields and comparable uses
that are developed and maintained by a governmental agency or an institutional
use as defined in this chapter.
[Added 3-8-1999 by Ord. No. 1999-03]
A procedure by which services and/or real or personal property
are temporarily transferred to another person for a specific time
period in exchange for remuneration.
[Added 3-8-1999 by Ord. No. 1999-03]
As applied to a building or structure, any restoration, renovation,
reparation or mending to an existing building or structure which has
become imperfect by decay, dilapidation or partial destruction and
which does not rearrange parts of the structure or existing facilities
or enlarge, whether by extension of a side or by increasing in height,
or move such structure from one location or position to another.
[Added 5-26-1969 by Ord. No. 1969-5]
An area to be developed as a single entity, according to
a plan, containing residential housing units which have a common or
public open space area as an appurtenance.
[Added 11-26-1996 by Ord. No. 1996-09; amended 3-8-1999 by Ord. No.
1999-03]
A dwelling in which occupants actually live which is permitted
in a residential district.
[Added 3-8-1999 by Ord. No. 1999-03]
Any establishment, however designated, at which food is sold
for consumption on the premises. However, a snack bar or refreshment
stand at a public, semipublic or community swimming pool, playground,
play field or park operated by the agency or group, or an approved
vendor operating the recreational facilities, for the convenience
of patrons of the facility shall not be deemed to be a restaurant.
The rear or reverse portion of a lot abutting a primary or
arterial street and provided with a twenty-foot buffer planting area
between the lot and the street. This twenty-foot planting easement
shall not be included in determining the required rear yard space.
In general, any device, structure or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others, but not including any flag of any public, quasi-public, civic, charitable or religious group. For definitions of specific types of signs regulated in this chapter, see this § 540-6, Definitions.
[Amended 3-22-2021 by Ord. No. 2021-3]
The area included within the frame or edge of the sign. Where
the sign has no such frame or edge, the area shall be defined by an
enclosed four-sided (straight sides) geometric shape which most closely
outlines said sign.
A sign that is incorporated into a roof-like cover that projects
from the wall of a building for the purpose of shielding a doorway
or window from the elements. The awning may be temporary or portable
or may be permanent and fixed to the wall and may be retractable,
which allows it to be periodically drawn to the face of the building.
[Added 3-22-2021 by Ord.
No. 2021-3]
A sign consisting of a three-dimensional graphic element
with an individual structure and separate illumination behind the
graphic element. The sign that consists of the three-dimensional graphic
elements is attached to the wall or facade of a building. The three-dimensional
graphic element can be any letter, number or other character that,
when combined with other three-dimensional graphic elements, comprises
the sign message and presentation. The three-dimensional graphic elements
are typically constructed of metal sheeting and acrylic material.
The signs are illuminated by light-emitting diodes (LED) behind the
elements to create a visual halo appearance of the three-dimensional
elements on the wall or facade.
[Added 3-22-2021 by Ord.
No. 2021-3]
A temporary sign of cloth, fabric or similar material that
announces an event, season, community, neighborhood or district. Banner
signs include signs temporarily attached to utility and light poles
and similar types of poles, and signs in the form of a flag banner
affixed to a pole that is temporarily attached to the ground.
[Added 3-22-2021 by Ord.
No. 2021-3]
A sign that directs attention to a business, commodity, service,
or entertainment conducted, sold, or offered at a location other than
the premises on which the sign is located.
[Added 3-22-2021 by Ord.
No. 2021-3]
A sign attached to the underside of a canopy, which is a
roof-like cover that projects from the wall of a building or structure,
or a sign that is affixed to the facade of a canopy, which is either
attached to a building or is a freestanding structure that supports
the canopy.
[Added 3-22-2021 by Ord.
No. 2021-3]
A freestanding monument sign that identifies the name of
a residential housing development. Incidental decorative elements
such as walls and fencing may be incorporated into the sign.
[Added 3-22-2021 by Ord.
No. 2021-3]
A freestanding sign limited to directional messages, such
as "one way," "entrance" and "exit," or symbols, such as arrows.
[Added 3-22-2021 by Ord.
No. 2021-3]
A facade-mounted sign listing the tenants or occupants of
a building or group of buildings and that may also indicate their
respective professions or business activities.
[Added 3-22-2021 by Ord.
No. 2021-3]
A changeable electronic variable message sign that has no
movement and/or flashing of the message or graphics displayed, except
for thermometers or clocks that are part of the sign. These signs
include light-emitting diodes (LEDs).
[Added 3-22-2021 by Ord.
No. 2021-3]
A sign whose sole source of artificial illumination is outside
the display portion of the sign.
[Added 3-22-2021 by Ord.
No. 2021-3]
A sign fastened to the wall of a building or structure in
such a manner that this wall becomes the supporting structure for
or forms the background surface of the sign.
[Added 3-22-2021 by Ord.
No. 2021-3]
A nonmovable sign affixed to the ground. This chapter regulates
the following freestanding signs:
[Added 3-22-2021 by Ord.
No. 2021-3]
MONUMENT SIGNA freestanding sign that has its entire bottom in contact with the ground.
PYLON AND POLE SIGNSFreestanding signs that are mounted on a freestanding pole or other types of support.
A sign whose sole source of artificial illumination is contained
within the display portion of the sign.
[Added 3-22-2021 by Ord.
No. 2021-3]
A sign made part of a marquee, which is a permanent construction
that projects from a wall of a building, and is designed to have changeable
copy, either manual or electronic digital.
[Added 3-22-2021 by Ord.
No. 2021-3]
A sign located on the premises giving the name and/or address
of the owner or occupant of a building or premises.
[Added 3-22-2021 by Ord.
No. 2021-3]
Any sign installed by a governmental agency and intended
to direct or control traffic; to identify streets, parks, governmental
buildings and sites, and government-sponsored events; or to provide
information deemed necessary by a governmental agency.
[Added 3-22-2021 by Ord.
No. 2021-3]
Any sign not permanently attached to the ground or other
permanent structure, or a sign designed to be transported, including,
but not limited to, banner signs, signs to be transported on wheels,
sandwich board signs, inflatable signs, and signs on balloons and
umbrellas.
[Added 3-22-2021 by Ord.
No. 2021-3]
A sign that is wholly dependent upon a building or structure
for support and that projects in a perpendicular manner more than
12 inches from such building or structure.
[Added 3-22-2021 by Ord.
No. 2021-3]
A freestanding sign pertaining to the sale or lease of the
premises, or a portion of the premises, on which the sign is located.
[Added 3-22-2021 by Ord.
No. 2021-3]
A sign that is mounted on the roof of a building or that
is wholly dependent upon a building for support and that projects
above the top edge or roofline of a building with a flat roof; the
eave line of a building with a gambrel, gable or hip roof; or the
deck line of a building with a mansard roof.
[Added 3-22-2021 by Ord.
No. 2021-3]
A sign that is permanently affixed to the wall of a building
near the service entrance that is not open to the public, identifies
the service entrance and/or provides instructions for gaining access
to the service entrance.
[Added 3-22-2021 by Ord.
No. 2021-3]
A sign or advertising display constructed of cloth, canvas,
fabric, plywood, or other lightweight material and designed or intended
to be displayed for a short, limited period of time.
[Added 3-22-2021 by Ord.
No. 2021-3]
A sign permanently affixed to the wall of a building near
its entrance that lists the tenants or occupants of a building, projects
no more than six inches from the wall of the building and has changeable
copy, either manual or electronically.
[Added 3-22-2021 by Ord.
No. 2021-3]
A permanent sign that is painted onto a windowpane for the
purpose of identifying any premises from the sidewalk or street.
[Added 3-22-2021 by Ord.
No. 2021-3]
The percentage of the lot area which may be devoted to coverage
of buildings, driveways, parking areas, roads, sidewalks and other
forms of impervious coverage which do not absorb rain.
[Added 8-8-1989 by Ord. No. 1989-4]
As defined in Chapter 460 of this Code.
[Amended 11-27-1978 by Ord. No. 1978-15]
The one-hundred-year floodplain, plus a strip 50 feet wide
landward from the one-hundred-year floodplain or from the top of the
bank of the stream where there is no one-hundred-year floodplain.
[Added 11-10-2008 by Ord. No. 2008-13]
As defined in Chapter 460 of this Code. For purposes of this Code, a street shall include a private right-of-way.
[Amended 11-27-1978 by Ord. No. 1978-15; 12-11-2000 by Ord. No.
2000-10]
That line determining the limit of the highway rights of
the public, either existing or contemplated.
A combination of materials to form a construction for occupancy,
use, or ornamentation having a fixed location on, above, or below
the surface of the land or attached to something having a fixed location
on, above, or below the surface of the land. Septic tanks and all
related appurtenances, sidewalks and walkways are not included in
this category.
[Amended 11-27-1978 by Ord. No. 1978-15; 11-24-2003 by Ord. No.
2003-11]
A public or privately owned pool open to the general public
on a membership basis and having appropriate dressing room facilities,
recreational facilities and off-street parking areas.
A private swimming pool associated with a residential dwelling
unit and located on an individual residential lot.
The Township of Eastampton.
A vehicle used or so constructed as to permit its being used
as a licensed conveyance upon the public streets or highways and constructed
in such a manner as will permit its occupancy as a place of day-to-day
habitation for one or more persons. This term shall also include automobile
trailers, mobile homes, house trailers and trailer coaches, except
travel trailers which are under eight feet in width and under 25 feet
in length and which are not used for purposes of day-to-day habitation.
Land and premises upon which two or more trailer coaches
occupied for dwelling or sleeping purposes are located. This term
shall include trailer coach parks and trailer camps.
A semidetached dwelling within a two-dwelling building, with
only one wall in common with another dwelling.
[Added 8-8-1989 by Ord. No. 1989-4]
Those lands which are inundated or saturated by water at
a magnitude, duration and frequency sufficient to support the growth
of hydrophytes. Wetlands include lands with poorly drained or very
poorly drained soils, as designated by the National Cooperative Soils
Survey of the Natural Resources Conservation Service of the United
States Department of Agriculture.
[Added 3-8-1999 by Ord. No. 1999-03]
Any legal instrument, issued pursuant to N.J.S.A. 13:9A-1
et seq. and N.J.A.C. 7:7A-1 et seq., permitting the applicant to engage
in an activity specified therein.
[Added 3-8-1999 by Ord. No. 1999-03]
Those soils designated as very poorly drained or poorly drained
by the Natural Resources Conservation Service of the United States
Department of Agriculture, including but not limited to Atsion, Bayboro,
Berryland, Colemantown, Elkton, Keansburg, Leon, Muck, Othello, Pocomoke,
St. Johns and freshwater marsh and tidal marsh soil types.
[Added 3-8-1999 by Ord. No. 1999-03]
An open unoccupied space on the same lot with the principal
building, extending the full width of the lot and situated between
the street line and the front building line of that lot.
An open unoccupied space on the same lot as the principal
building, extending the full width of the lot and situated between
the rear lot line and the rear building line.
An open unoccupied space between the sideline of the lot
and the nearest side building line and extending from the front yard
to the rear yard or, in the absence of either of such yards, to the
street or rear lot lines, as the case may be.
The individual responsible for enforcement and interpretation of the provisions of Chapter 540, Zoning, of the Code of the Township of Eastampton.
[Amended 11-28-2011 by Ord. No. 2011-13]
[1]
Editor's Note: The original definition of "adjusted gross
acreage," which immediately followed this definition, was repealed
8-8-1989 by Ord. No. 1989-4.
[2]
Editor's Note: The original definition of "Board of Adjustment,"
which immediately followed this definition, was repealed 12-10-2001
by Ord. No. 2001-12.
[3]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
[4]
Editor's Note: The Zoning District Map is on file in the Township
offices.
[6]
Editor's Note: The Zoning District Map is on file in the Township
offices.
[7]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
[8]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
[9]
Editor's Note: The original definition of "lot coverage,"
which immediately followed this definition, was repealed 8-8-1989
by Ord. No. 1989-4.
[10]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
[11]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
[12]
Editor's Note: The original definition of "permitted residential
unit yield," which immediately followed this definition, was repealed
8-8-1989 by Ord. No. 1889-4.
[13]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
