[Ord. No. 00-40, 7-24-2000]
Any word or term not defined herein shall be as defined in the
Municipal Land Use Law, N.J.S.A., 40:55D-1 et seq., or shall be utilized
in standard usage for the context in which the word is used. In interpreting
this Article, words in one tense shall include other tenses or derivative
forms; words in the singular shall include the plural, and in the
plural, the singular; either gender shall include the other; the word
"shall" is mandatory; the word "may" is permissive; the word "used"
shall include "arranged," "designed," "constructed," "altered," "converted,"
"rented," "leased," or "intended to be used"; the word "lot" includes
the words "plot" and "premises."
[Ord. No. 00-40, 7-24-2000]
The following definitions shall have the meanings indicated:
The relinquishment of property, or cessation of the use of
the property, by the owner or lessee without any intention of transferring
property rights to another owner or of resuming the use of the property.
A self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters, and a private entrance, which
is created within an existing residence or by an addition to an existing
residence or accessory building.
A structure or building detached from a principal building
located on the same lot and customarily incidental and subordinate
to the principal building or use. Where a structure is attached to
a principal building by a breezeway, roof, common wall, or the like,
such a structure shall be considered part of the principal building.
A use of land or of a structure or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot with the principal use.
A measure of land area containing 43,560 square feet.
The development of a new use for a building or site. Adaptive
reuse is not to be construed to permit the commencement of a use that
is not allowed in a particular zone district.
Any extension or increase in the size, floor area or height
of a building or structure.
The Neptune Township Zoning Officer, or the Zoning Officer's
designee.
An establishment consisting of, including, or having the
characteristics of any or all of the following:
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock-in-trade books, magazines, publications, tapes, or films that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
ADULT CABARET1) An establishment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas; 2) a cabaret that features topless dancers, go-go dancers, strippers, or similar entertainers for observation by patrons.
ADULT MINI MOTION PICTURE THEATERAn enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
ADULT MOTION PICTURE THEATERAn enclosed building with a capacity for 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
A planned development or portion of a planned unit development
that emphasizes social and recreational activities, personal services,
limited health facilities, and transportation. An adult retirement
community shall be designed for adults aged at least 55 years for
one resident of each 80% of the total units, provided that significant
facilities and services for the elderly are provided.[1]
The coastal water service elevation of a flood having a 0.2%
annual chance of being equaled or exceeded in any given year. It is
expressed in feet referenced to the North American Vertical Datum
of 1988 (NAVD 88).
[Added 4-8-2013 by Ord.
No. 13-11]
The elevation shown on a community's Advisory Flood Hazard
Map that indicates the advisory stillwater elevation plus wave effect
(ABFE = SWEL + wave effect) resulting from a flood that has a 1% or
greater chance of being equaled or exceeded in any given year (100-Year
Flood Event).
[Added 4-8-2013 by Ord.
No. 13-11]
The land in the floodplain within a community subject to
flooding from the 1% annual chance event, or 0.2% annual chance event
depicted on the Advisory Flood Hazard Map.
[Added 4-8-2013 by Ord.
No. 13-11]
The official map on which the Federal Emergency Management
Administration has delineated the areas of advisory flood hazards
applicable to the community.
[Added 4-8-2013 by Ord.
No. 13-11]
Is comprised of the areas subject to storm surge flooding
from the 1% annual chance coastal flood. These areas are not subject
to high velocity wave action, but are still considered high risk flooding
areas.
[Added 4-8-2013 by Ord.
No. 13-11]
Is comprised of areas subject to high velocity wave action
(a three-foot breaking wave) from the 1% annual chance coastal flood.
Zone V is subject to more stringent building requirements that other
zones because these areas are exposed to a higher level of risk.
[Added 4-8-2013 by Ord.
No. 13-11]
A thoroughfare less than 30 feet in width dedicated for the
public use of vehicles and/or pedestrians, which may afford access
to property, but is not intended for general traffic circulation.
Any change in the supporting members of a building, bearing
walls, columns, beams, girders, or interior partitions, or any addition
to or diminution of a building, including the addition, modification,
removal or replacement of exterior elements, including but not limited
to siding, roofing, windows, doors, trim, cornices, eaves, gutters,
finials, moldings, railings, arches, cupolas, or other decorative
ornamentation.
[Amended 12-9-2002 by Ord. No. 02-41]
Any exterior apparatus designed for telephonic, radio or
television communications through the sending and/or receiving of
electromagnetic waves, digital signals, analog signals, radio frequencies
(excluding radar signals), wireless telecommunication signals or other
communication signals. Parabolic dish antennas used for satellite
communications shall not be included within this definition.
Person, partnership, corporation or public agency requesting
permission to engage in land development/soil removal/tree removal
activity.
The Planning Board, Zoning Board of Adjustment or Historic
Preservation Commission of the Township of Neptune.
The land in the floodplain within a community subject to
a 1% or greater chance of flooding in a given year.
A property survey prepared and certified by a licensed land
surveyor to reflect the actual location of structures and other improvements
constructed on a property.
A facility that is licensed by the New Jersey Department
of Health to provide apartment-style housing and congregate dining
for four or more adult persons unrelated to the proprietor.
A structure containing facilities for washing automobiles
and automatic or semi-automatic application of cleaner, brushes, rinse
water, and heat for drying.
A facility that displays and/or sells new and/or used motor
vehicles of any type.
Any building, land area or premises, or portion thereof,
used primarily for auto body work, welding and painting.
Any building, land area, or other premises, or portion thereof,
used by a business establishment primarily engaged in manually cleaning,
washing, detailing and/or waxing motor vehicles.
[Added 11-10-2003 by Ord.
No. 03-35]
Any building, land area, or other premises, or portion thereof,
used for the retail sale and direct delivery of fuel and lubricating
oil to motor vehicles. The term "automotive fueling station" shall
be synonymous with "gasoline fueling station," "gasoline station"
and "gas station."
[Added 11-10-2003 by Ord.
No. 03-35]
Any building, land area, or other premises, or portion thereof,
used by a business establishment engaged in a) general mechanical
and electrical repair and maintenance services for automotive vehicles,
such as passenger cars, trucks, and vans, and all trailers or b) engine
repair and replacement; but specifically excluding automotive body
repair and painting facilities, and automatic car washes. Automotive
service stations include all those establishments engaged in any specialized
category (or combination of categories) of general automotive repair
and maintenance services, such as but not limited to oil change and
lubrication shops (AKA "quick lube shops"), transmission repair shops,
exhaust system repair shops, automotive audio equipment and accessory
installation shops, automotive detailing shops, automotive glass replacement
shops, tire installation and re-treading services, etc.
[Amended 11-10-2003 by Ord. No. 03-35]
Any structure made of cloth, canvas or vinyl, with a frame
attached to a building or other structure, which may be raised to
a position against the building or structure when not in use.
An open-air structure attached to a building in some cases
in a cantilevered manner, without a roof, and located above the first
floor level (in a split level house, this would be above the second,
or middle level). The edges of the balcony shall have a railing and
the structure shall meet the setback requirements for the building
to which it is attached. Balconies shall not project more than eight
feet from the building and shall not exceed more than 150 square feet
in area per thirty feet of lot frontage. For purposes of this Chapter,
an open-air structure supported from the ground is considered a "deck"
when not situated directly above an open-air covered porch.
[Added 3-12-2007 by Ord.
No. 07-11]
A financial organization that provides direct banking services
including but not limited to walk-up tellers, accessory drive-through
areas and automatic teller machines.
Temporary announcement device constructed of cloth, canvas,
fabric or other light material.
Premises used primarily for the sale or dispensing of liquor
by the drink for on-site consumption and where food may be available
for consumption on the premises as accessory to the principal use.
Any area of a building having its floor located at or below
a grade level on all sides.
An owner-occupied facility providing sleeping or dwelling
accommodations and a morning meal to transient guests for compensation.
A bed and breakfast designed to accommodate at least six
guests and not more than 15 guests.
A bed and breakfast designed to accommodate five or fewer
guests.[2]
A billboard which displays digital messages which advertise
goods, products, services or facilities not conducted upon the premises
where the sign is located. (New definition.)
[Added 7-13-2015 by Ord.
No. 15-28]
The Planning Board or the Zoning Board of Adjustment, as
the case may be.
A designated area for the temporary storage of watercraft.
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or supporting foundation system.
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of any individual,
animal, process, equipment, goods or materials of any kind.
The percentage of the lot area that is covered by building
area, which includes the total horizontal area when viewed in plan.
An area, generally described by building setback lines, depicting
the area within which the building(s) can be constructed.
The horizontal area contained within the outer dimensions
of the foundation walls of a building.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
mean height of the roof. In a Special Flood Hazard Area, the building
height shall be measured from the Advisory Base Flood Elevation or
Advisory 0.2% Annual Chance Flood Elevation, whichever is more restrictive.
[Amended 3-12-2007 by Ord. No. 07-11; 4-8-2013 by Ord. No. 13-11]
A line formed by the intersection of an exterior wall of
a building with the ground.
A line parallel to the front yard line touching that part
of a principal building closest to the front yard line, not including
the dimensions of a porch structure.
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 (N.J.S.A. 24:6I-31 et seq.) 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 marihuana 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.). (This definition is intended to
correlate with Cannabis Class Uses as developed and updated by the
State of New Jersey.)
[Added 7-26-2021 by Ord.
No. 21-34]
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. (This definition is intended
to correlate with Cannabis Class Uses as developed and updated by
the State of New Jersey.)
[Added 7-26-2021 by Ord.
No. 21-34]
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. (This definition is intended to correlate with
Cannabis Class Uses as developed and updated by the State of New Jersey.)
[Added 7-26-2021 by Ord.
No. 21-34]
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. (This definition is intended to correlate with Cannabis
Class Uses as developed and updated by the State of New Jersey.)
[Added 7-26-2021 by Ord.
No. 21-34]
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. (This definition is intended to correlate with Cannabis Class
Uses as developed and updated by the State of New Jersey.)
[Added 7-26-2021 by Ord.
No. 21-34]
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer. (This definition is intended to
correlate with Cannabis Class Uses as developed and updated by the
State of New Jersey.)
[Added 7-26-2021 by Ord.
No. 21-34]
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."
(This definition is intended to correlate with Cannabis Class Uses
as developed and updated by the State of New Jersey.)
[Added 7-26-2021 by Ord.
No. 21-34]
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. (This definition is intended to correlate with Cannabis Class
Uses as developed and updated by the State of New Jersey.)
[Added 7-26-2021 by Ord.
No. 21-34]
The resin extracted from any part of the plant Cannabis sativa
L., including cannabis extract and resin extracted using non-chemical
processes, processed and used in accordance with P.L. 2021, c. 16
(N.J.S.A. 24:6I-31 et seq.). "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.). (This definition is intended to
correlate with Cannabis Class Uses as developed and updated by the
State of New Jersey.)
[Added 7-26-2021 by Ord.
No. 21-34]
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. (This
definition is intended to correlate with Cannabis Class Uses as developed
and updated by the State of New Jersey.)
[Added 7-26-2021 by Ord.
No. 21-34]
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.
(This definition is intended to correlate with Cannabis Class Uses
as developed and updated by the State of New Jersey.)
[Added 7-26-2021 by Ord.
No. 21-34]
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. (This definition is intended to correlate with Cannabis Class
Uses as developed and updated by the State of New Jersey.)
[Added 7-26-2021 by Ord.
No. 21-34]
Any structure, other than an awning or marquee, made of cloth,
plastic, metal or other substance and providing a roof-like shelter.
A roofed, accessory structure with open sides located on
the same lot as an automobile service station.
See "basement."
Property used for interring of the dead.
A document issued by the Historic Preservation Commission
approving any preservation, restoration, rehabilitation or alteration
of property dealing with construction, demolition, additions, removals,
repairs or any feature for any existing or new construction.
A document issued by the administrative officer specifying
that an development application has met the submission requirements
set forth in this Chapter.
Any use that substantially differs from the previous use
of a building or land.
The area between the top of the banks of any watercourse,
with or without continuous flow, wherein surface waters are contained
under conditions less than flood stage. This area shall also consist
of lands lying between two or more branches of the same watercourse.
An establishment licensed by the Department of Human Services
pursuant to N.J.S.A. 30:5B-1, et seq., providing for the care, supervision
and protection of children.
The removal of all standing trees on a lot or portion of
a lot.
When two or more receiving and/or transmitting facilities
are placed together in the same location or on the same antenna support
structure.
The New Jersey Council on Affordable Housing.
A facility designed and equipped for the conduct of leisure,
sport or other recreational activities operated as a business, for-profit,
and open to the public for a fee.
Any commercially registered vehicle except a passenger car.
Vehicles normally associated with a commercial use, but not registered
for commercial use, shall be deemed commercial vehicles.
The Cannabis Regulatory Commission established pursuant to
Section 31 of P.L. 2019, c. 153 (N.J.S.A. 24:6I-24). (This definition
is intended to correlate with Cannabis Class Uses as developed and
updated by the State of New Jersey.)
[Added 7-26-2021 by Ord.
No. 21-34]
A parcel of land or an area of water, or a combination of
land and water, within that part of a townhouse development site that
has been designated for the use or enjoyment of residents and owners
of the townhouse development. Common open space may contain such non-residential
recreational structures, improvements and landscaping as are necessary
or appropriate for use by the residents.
Ownership of two or more contiguous lots of real property
by one person or persons.
A building used for recreational, social, educational and
cultural activities, open to the public or a designated part of the
public, usually owned and operated by a public or non-profit group
or agency.
A community residential facility licensed pursuant to P.L.
1977, c. 448(N.J.S.A. 30:11B-1 et seq.) providing food, shelter and
personal guidance, under such supervision as required, to not more
than 15 persons with head injuries, who require assistance, temporarily
or permanently, in order to live in the community, and shall include,
but not limited to, group homes, halfway houses, supervised apartment
living arrangements, and hostels. Such a residence shall not be considered
a health care facility with the meaning of the Health Care Facilities
Planning Act, P.L. 1971, c. 136(N.J.S.A. 26:2H-1 et seq.).
Any community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and
personal guidance, under such supervision as required, to not more
than 15 developmentally disabled or mentally ill persons, who require
assistance, temporarily or permanently, in order to live in the community,
and shall include, but not be limited to, group homes, half-way houses,
intermediate care facilities, supervised apartment living arrangements
and hostels. Such a residence shall not be considered a health care
facility within the meaning of the Health Care Facilities Planning
Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H1 et seq.). In the case of such
a community residence housing mentally ill persons, such residence
shall have been approved for a purchase of service contract or an
affiliation agreement pursuant to such procedures as shall be established
by regulation of the Division of Mental Health and Hospitals of the
Department of Human Services. As used in this Chapter, "developmentally
disabled person" means a person who is developmentally disabled as
defined in Section 2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2), and
"mentally ill person" means a person who is afflicted with a mental
illness as defined in N.J.S.A. 30:4-23, but shall not include a person
who has been committed after having been found not guilty of a criminal
offense by reason of insanity or having been found unfit to be tried
on a criminal charge.
Any community residential facility operated as a hospice
program providing food, shelter, personal guidance and health care
services, under such supervision as required, to not more than 15
terminally ill persons.
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by regulation
of the Department of Human Services pursuant to P.L. 1979, c. 337
(N.J.S.A. 30:14-1 et seq.), providing food, shelter, medical care,
legal assistance, personal guidance, and other services to not more
than 15 persons who have been victims of domestic violence, including
any children of such victims, who temporarily require shelter and
assistance in order to protect their physical or psychological welfare.
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. (This definition is intended to correlate
with Cannabis Class Uses as developed and updated by the State of
New Jersey.)
[Added 7-26-2021 by Ord.
No. 21-34]
A 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 or operation of such use
as contained in this Chapter, and upon the issuance of an authorization
therefor by the Planning Board.
The grant of a property right stipulating that the described
land will remain in its natural state and precluding future or additional
development.
The chief administrative Construction Official for the Township.
The act of ingesting, inhaling, or otherwise introducing
cannabis items into the human body. (This definition is intended to
correlate with Cannabis Class Uses as developed and updated by the
State of New Jersey.)
[Added 7-26-2021 by Ord.
No. 21-34]
Alteration in an existing residential structure resulting
in an increase in the number of dwelling units.
A stone, concrete or other improved boundary marking the
edge of a roadway or paved area.
An above grade, unroofed structure without walls that is
attached to a residential dwelling unit, 12 inches or more above grade.
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. (This definition is intended to correlate with Cannabis
Class Uses as developed and updated by the State of New Jersey.)
[Added 7-26-2021 by Ord.
No. 21-34]
The partial or total razing, dismantling or destruction of
any building or of any improvement within the Township and/or the
Historic Districts.
The permitted number of dwelling units per total area of
land to be developed.
The Historic Preservation Guidelines of the Township.
The legal or beneficial owner or owners of a lot or of any
land proposed for development, including the holder of an option or
contract to purchase or other person having an enforceable proprietary
interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, or 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.
Money paid by an individual, person, partnership, association,
company or corporation for the improvement of property as permitted
in COAH's rules.
The diameter of a tree measured 4 1/2 feet (forestry
method) above the ground level on the downhill side for existing trees.
Trees utilized in the replacement of existing trees or proposed as
part of a landscape plan shall be measured 12 inches above ground
level for trees over a four-inch caliper. The measurement shall be
six inches above grade for trees up to four-inch caliper (nursery
method). "Diameter at point of measurement" may appear as the abbreviation
"DPM."
An establishment engaged in the receipt, storage and distribution
of goods, products, cargo, and materials, including transshipment
by rail or motor vehicle.
To dig, dredge, excavate, remove, deposit, grade, clear,
level, fill or otherwise alter or change the location or contour of
land or otherwise cause land to be exposed to the dangers of erosion.
A structure projecting from a sloping roof, containing a
window or a vent.
[Added 7-13-2015 by Ord.
No. 15-28]
A limiting line established by a series of perpendicular
drop points marking the maximum radius of the crown of an existing
tree, but not less than six feet from the trunk, whichever is greater.
An establishment that by design, physical facilities, service
or by packaging procedures encourages or permits customers to receive
service or obtain goods while remaining in their motor vehicles.
A private right-of-way providing access for motor vehicles
to a garage, dwelling or other building from a street or other right-of-way.
A two-unit dwelling sharing a common vertical separation
with independent means of ingress and egress for each unit.
A building or entirely self-contained portion thereof intended
or designed for non-transient residential use of a single housekeeping
unit, A) separated from all other spaces by lockable doors, B) having
access to the outside without crossing another dwelling, C) having
any cooking facilities, fixed or portable, or food refrigeration facilities,
and D) having any sanitary facilities. A house trailer, a boarding
or rooming house, convalescent home, fraternity or sorority house,
hotel, inn, lodging, nursing, or other similar home, or other similar
structure shall not be deemed to constitute a dwelling unit.
Either a) a dwelling unit within a multi-family dwelling
(see definition for "dwelling, multi-family"); or b) a dwelling unit
fully contained within the same building that is also designed, arranged,
occupied, maintained and/or devoted to a nonresidential use(s). The
term "apartment" shall be synonymous with "apartment dwelling unit."
[Amended 11-10-2003 by Ord. No. 03-35]
A previously substandard dwelling unit, as further defined
herein, which has undergone significant renovation to meet municipal
or other applicable housing code standards. Upon rehabilitation of
a substandard dwelling unit, housing deficiencies shall be corrected
and the house shall be brought up to code standard. The standard for
evaluating rehabilitation activity of a substandard dwelling unit
shall be the local property maintenance code, or, if none is available,
the BOCA Property Maintenance Code, in effect at the time of evaluation.
The rehabilitation activity shall not include luxury improvements,
the purchase of appliances (with the exception of stoves) or improvements
that are strictly cosmetic. A rehabilitated unit is considered complete
at the date of final inspection.
A structure containing a single housekeeping unit that is
not attached to any other dwelling unit by any means.
A dwelling unit with health and safety code violations that
require the repair or replacement of a major system. A major system
shall include weatherization, a roof, plumbing (including wells),
heating, electricity, sanitary plumbing (including septic systems)
and/or a load bearing structural system.
A one-family dwelling in a row of at least three such units
in which each unit has its own front and rear access to the outside,
no unit is located over another unit, and each unit is separated from
any other unit by one or more vertical common fire-resistant walls.
A building on a single lot containing two dwelling units,
each of which is totally separated from the other by an unpierced
wall extending from ground to roof or an unpierced ceiling and floor
extending from exterior wall to exterior wall, except for a common
stairwell exterior to both dwelling units.
A building containing three or more dwelling units, including
units that are located one over the other.
A public education facility as defined by the New Jersey
Department of Education.
[Added 6-10-2002 by Ord.
No. 02-14]
A grant of one or more of the property rights by the property
owner to another person or entity, and/or for the use by the public
or a corporation.
The area of the lot after first reducing the total area by
portions of land subject to certain constraints as provided in the
following schedule:
[Added 6-27-2016 by Ord.
No. 16-20]
|
Constraint
|
Percentage of Area of Constraint by Which Lot Area Is To Be
Reduced
|
|---|---|
|
Bodies of water
|
100
|
|
Flood areas1
|
100
|
|
Wetlands2
|
100
|
|
Slopes 15% to 25%3
|
50
|
|
Slopes 25% to 35%3
|
75
|
|
Slopes 35% and greater3
|
100
|
|
1
|
DEP or other equally reliable source.
|
|
2
|
Verification by the NJDEP.
|
|
3
|
Calculated within two-foot contour intervals from aerial topography
or survey by a New Jersey licensed land surveyor.
|
A non-basement building: A) built in an Area of Special Flood
Hazard to have the top of the elevated floor or when in a Coastal
High Hazard Area to have the bottom of the lowest horizontal structure
member of the elevated floor elevated above the ground level by the
means of piling, columns (posts or piers), or shear walls parallel
to the flow of the water; and B) adequately anchored so as to not
impair the structural integrity of the building during a flood of
up to the magnitude of the base flood. In an Area of Special Flood
Hazard elevated buildings shall also include a building elevated by
means of fill or solid foundation perimeter walls with openings sufficient
to facilitate the unimpeded movement of floodwaters. In areas of Coastal
High Hazard elevated building shall also include a building otherwise
meeting the definition of elevated building, even though the lower
area is enclosed by means of breakaway walls.
The value of a property determined by the municipal tax assessor
through a process designed to ensure that all property in the municipality
is assessed at the same assessment ratio or ratios required by law.
Estimates at the time of issuance of a construction permit may be
obtained utilizing estimates for construction costs. Final equalized
assessed value will be determined at project completion by the municipal
tax assessor.
Detachment and movement of soil or rock fragments by water,
wind, ice or gravity.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
Site plan and/or subdivision approval shall not be required
prior to issuance of a Development Permit for the following:
[Added 6-12-2017 by Ord.
No. 17-17]
Construction, additions, or alterations related to single-family
or two-family dwellings or their accessory structures on individual
lots. These types of applications will require Board approval when
a variance is required. In addition, these applications will still
require construction permits and may require grading plan approvals
depending on size and type of development;
Interior Alterations to an existing structure (that are not
additions as stipulated within Paragraph K of "Exempt Development")
which do not cause an increase in the existing square footage or change
the existing footprint, do not increase the required number of off-street
parking spaces, are in compliance with all the applicable bulk and
yard standards for the zone and all other development regulations,
and which conform to the performance standards of this Chapter.
Any change in occupancy which is not a "Change in Use" (as herein
defined).
Sign(s) which installation is on a site already occupied by
a principal use for which site plan approval is not otherwise required
and provided such sign(s) conform to the applicable design and zoning
district regulations of this Chapter.
Construction of a parking lot or an addition to an existing
parking lot, provided that the new lot or the proposed addition contains
three spaces or less and the location and design of which conforms
to the standards and zoning district regulations of this Chapter;
Construction or installation of underground facilities which
do not alter the general use, appearance or grade of the site.
Division of property and conveyances so as to combine existing
lots, which are not considered to be subdivisions in accordance with
the definition of "Subdivision" contained within this Article.
Farms and accessory farm buildings and structures, provided
such buildings and structures are located on, operated in conjunction
with, and necessary to the operation of a farm as defined by this
Chapter. This shall not include accessory structures which contain
dwelling units.
Gasoline pump canopies subject to compliance in all respects
to the regulations governing such canopies, contained elsewhere in
this Chapter;
Individual applications for accessory mechanical or electrical
equipment up to 100 square feet in area, whose operation and location
conforms to the design and location standards conform to the design
standards of this Chapter and where such installation will be accessory
to an already established principal use of the property. In no case
shall such equipment be located in a street setback area.
Additions to existing, conforming structures containing non-residential
uses in the, and zones, provided such additions to existing structures
do not exceed 8,500 square feet or 10% of the total gross floor area,
whichever is the lesser. Notwithstanding the aforementioned, an addition
consisting of an area of 1,000 square feet or less shall be considered
an exempt development. Such development must occur within the existing
limit of disturbance and must not increase the impervious coverage,
be in compliance with all the applicable bulk and yard standards for
the zone and all other development regulations, does not result in
an expansion or increase of any preexisting violation of the provisions
of the Neptune Township Land Development Ordinance, or the zoning
ordinance, and there must be sufficient parking on site to support
the additional floor area. The Zoning Officer and the Township Planner
will be responsible for determining compliance with this Chapter.
[Amended 3-9-2015 by Ord.
No. 15-09]
Construction of storage sheds, no larger than 200 square feet,
for permitted nonresidential uses, provided they comply with the accessory
structure setback requirements and all other applicable bulk and yard
standards for the zone in which they are located as per the Neptune
Township Land Development Ordinance.
A lodging establishment designed and intended for the temporary
lodging of business travelers which includes a cooking area and related
appurtenances in every room, which has limited maid service, front
desk and reception services but which does not include restaurants,
conference facilities or retail/convenience stores.
Any change in the exterior architectural features of a building
or any other structure including repainting, additions or the demolition
of part of a building excepting repainting the structure the same
color for maintenance purposes.
Any element of the architectural style, design or general
arrangement of a structure that is visible from the outside, including,
but not limited to, the style and placement of all windows, doors,
gutters, driveways, porches, railings, steps, lighting, the roof,
type, color and texture of the building material, signs and decorative
elements including landscaping, fences, curbs and sidewalks.
Federal Aviation Administration.
A single, non-profit housekeeping unit, which bears the generic
character of a relatively stable and permanent functioning unit.
Any private residence approved by the Division of Youth and
Family Services or an organization with which the division contracts
for family day care and which is operated in accordance with N.J.S.A.
40:55D-66.4 et seq.
Federal Communications Commission.
A barrier of any material or combination of materials erected
to enclose, screen or separate areas.
The official action of the Planning Board or Zoning Board
of Adjustment taken on a preliminary approved major subdivision or
site plan after all conditions, engineering plans and other requirements
have been completed or fulfilled and the required improvements have
been installed or guarantees properly posted for their completion,
or approval conditioned upon the posting of such guarantees.
That portion of the flood hazard area outside of the floodway
which is subject to less severe flooding.
The flood hazard area shall consist of the floodway and flood
fringe area, being the areas that are subject to flooding.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the Township.
The official report provided in which the Federal Insurance
Administration has provided flood profiles, as well as Flood Boundary-Floodway
Map and the water surface elevation of the base flood.
The greatest flood in a given area for which accurate records
are available and/or as determined by the New Jersey State Department
of Environmental Protection.
A general and temporary condition of partial or complete
inundation of normally dry land areas from A) the overflow of inland
or tidal waters and/or, B) the unusual and rapid accumulation or runoff
of surface waters from any source.
Same as the flood hazard area.
Design flood (floodway or flood hazard area) is the relative
size or magnitude of a flood, expressed as a design discharge in cubic
feet per second, which is developed from hydrologic criteria, represents
a major flood of reasonable expectancy, reflects both flood experience
and flood potential, and is the basis of the delineation of the floodway
and the flood hazard area and of the water surface elevations thereof.
The channel of a river or other water-course and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
0.2 foot.
The sum of the gross horizontal areas of all the floors of
the building or buildings on a lot measured from the exterior faces
of exterior walls equal to or in excess of seven feet six inches or
from the center line of party walls separating two buildings, excluding
cellar and basement areas used only for storage or the operation and
maintenance of the building.
The floor area in square feet of all buildings on a lot divided
by the area of such lot in square feet.
All finished spaces within the exterior walls of a dwelling
exclusive of garages, breezeways, unheated porches, cellars and basements
having a window area of less than 10% of the square foot area of the
room. Usable floor area shall include all finished spaces not otherwise
excluded above, such as principal rooms, utility rooms, bathrooms,
all closets and hallways opening directly into any rooms within the
dwelling unit and all attic spaces having a clear height of six feet
from finished floor level to pitch of roof rafter with a clear height
of seven feet six inches from finished floor level to ceiling level
over 50% of the area of such attic space.
A line formed by the intersection of a porch foundation wall
with the ground, or when viewed in plan, the outermost extremity of
the roof, whichever is closer to the front lot line.
A building used for the preparation of the deceased for burial
and/or the display of the deceased and rituals connected therewith
before burial or cremation.
A fully enclosed detached accessory building, or a portion
of a principal building, used primarily for the storage of vehicles
owned or used by the occupant of the principal building, or used for
the storage of incidental items to which the garage is an accessory.
Land, greenhouses or structures used to raise and/or sell
flowers, shrubs, plants and other garden related items.
See "automotive fueling station."
[Added 11-10-2003 by Ord.
No. 03-35]
A tract of land laid out for at least nine holes for playing
the game of golf and improved with trees, greens, fairways, and hazards
and that may include a clubhouse and shelter.
A building whose roof and sides are made largely of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of plants.
A device mounted on a freestanding support structure or secured
to a roof or wall of a building and used to receive and transmit radio
communications between other terrestrially based sites.
An establishment that provides facilities for physical exercises
and/or saunas, showers and lockers.
An identifiable area on land, water or structure, including
any building or facilities thereon, used or intended to be used for
the landing and takeoff of helicopters. The term "heliport" as used
herein applies to all sites, including helistops, used or intended
to be used for the landing and takeoff of helicopters.
An area used or intended to be used for the landing and takeoff
of helicopters engaged in dropping off or picking up passengers.
An unobstructed area located between the curbline and the
front leasehold line at particular properties within historic zone
district. This area is also known as the "flared setback area."
The authenticity of a property's historic identity, evidenced
by the survival of physical characteristics that existed during the
property's historic or prehistoric period.
May substitute in this Chapter and in any other official
document or action of the Township for "historic" and "historic site."
Any real property, man-made structure, natural object or
configuration, or any portion or group of the foregoing, which has
been formally designated as being of historic, archaeological, cultural,
scenic or architectural significance.
A list of historic properties determined to meet criteria
of formal designation specified herein.
An activity carried out for gain by a resident and conducted
as a customary, incidental and accessory use in the resident's dwelling
unit.
A home occupation consisting of the office of a practitioner
of a recognized profession.
An association of owners of the various properties of a common
ownership community, formed under the provisions of a Master Deed,
Declaration of Covenants and Restrictions and a Certificate of Incorporation
and Bylaws.
An institution providing primary health services and medical
or surgical care to persons, primarily inpatients, suffering from
illness, disease, injury, deformity and other abnormal physical or
mental conditions and including, as an integral part of the institution,
related facilities, training facilities, medical offices and emergency
care facilities.
A facility offering transient lodging accommodations to the
general public and providing additional services, such as restaurants,
meeting rooms, entertainment and recreational facilities, and so constructed
that access and egress from rooms to the outside passes a control
desk.
A facility offering sleeping and transient lodging accommodations
to the general public for a specified period of time in a structure
originally constructed as a hotel or other transient residential use.
A structure placed on or below the surface of the ground
and filled with water. Any hot tub located outdoors shall have a cover
capable of being locked. The hot tub system includes devices to heat,
circulate and filter the water and may or may not have an accompanying
deck. Facilities with more than 60 square feet of water surface area
shall be considered swimming pools.
[Added 3-12-2007 by Ord.
No. 07-11]
Any structure, surface or improvement that reduces and or
prevents infiltration into the surface shall be considered impervious;
driveways or other similar areas that experience loading that are
constructed of open cell pavers or stone shall be considered impervious.
Patios that are constructed at grade are impervious.
[Amended 3-9-2015 by Ord.
No. 15-09]
|
Decks that are 12 inches or more above average grade shall be
considered pervious. Porous paving, gravel, crushed stone, crushed
shells and similar surfaces not utilized in driveways or other areas
that experience heavy loading shall be considered pervious.
|
|
Open cell pavers shall be considered 50% pervious if filled
with vegetation. Grass, lawns or other similar vegetation shall be
considered pervious. Water area of pools shall not be counted as impervious.
|
The area of a lot for the placement of principal buildings,
off-street parking lots, and off- street loading areas which is located
within the envelope delineated by the required yards, or buffers of
the zone district and which is not encroached upon by A) an existing
or proposed public right-of-way, B) an area classified as a floodway
by the New Jersey Department of Environmental Protection and Energy
or as an area of special flood hazard or floodway, C) wetlands or
any required wetlands transition area pursuant to the New Jersey Freshwater
Wetlands Protection Act (N.J.S.A. 13:9B-1 et seq.), except where construction,
fill, or disturbance has been authorized pursuant to the Freshwater
Wetlands Act, D) slope areas where the inclination of the land's surface
from the horizontal is 15% or greater for a ten-foot interval, E)
stream corridors, and F) an easement for utility installation, drainage
or other purpose granted to another person, entity or governmental
unit.
Any structure or any part thereof installed upon real property
by human endeavor and intended to be kept at the location of such
construction or installation.
Any material that will not ignite at or below a temperature
of 1,200° F. and will not continue to glow or burn at that temperature.
Those fields of economic activity including construction,
light manufacturing, warehousing and wholesale trade.
Any scrap, waste, reclaimable material, or debris, whether
or not stored, for sale or in the process of being dismantled, destroyed,
processed, salvaged, stored, baled, disposed, or other use or disposition.
This definition also includes, but is not limited to, unregistered,
inoperable vehicles, tires, vehicle parts, equipment, paper, rags,
metal, glass, building materials, household appliances, machinery,
brush, wood and lumber.
Any space, whether inside or outside a building, used for
the storage, keeping, or abandonment of junk.
Any building, structure, or premises in which cats, dogs
or other domesticated animals are kept, boarded, bred or trained for
a fee or compensation.
Any ground, soil, or earth including marshes, swamps, drainageways
and areas not permanently covered by water within the municipality.
A designated area bound by leasehold lines.
A line of record bounding a leasehold area that divides a
leasehold area from another leasehold area, lot, or from a public
or private street or any other public space.
A license issued under P.L. 2021, c. 16 (N.J.S.A. 24:6I-31
et seq.), 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 (N.J.S.A. 24:6I-31 et seq.) otherwise intend to only apply to a
license and not a conditional license. (This definition is intended
to correlate with Cannabis Class Uses as developed and updated by
the State of New Jersey.)
[Added 7-26-2021 by Ord.
No. 21-34]
A person or entity that holds a license issued under P.L.
2021, c. 16 (N.J.S.A. 24:6I-31 et seq.), 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 (N.J.S.A.
24:6I-31 et seq.) otherwise intend to only apply to a person or entity
that holds a license and not a conditional license. (This definition
is intended to correlate with Cannabis Class Uses as developed and
updated by the State of New Jersey.)
[Added 7-26-2021 by Ord.
No. 21-34]
An owner, director, officer, manager, employee, agent, or
other representative of a licensee, to the extent that the person
acts in a representative capacity. (This definition is intended to
correlate with Cannabis Class Uses as developed and updated by the
State of New Jersey.)
[Added 7-26-2021 by Ord.
No. 21-34]
Any off-street space on the same lot available for the loading
or unloading of goods.
An institution or a distinct part of an institution that
is licensed or approved to provide health care under medical supervision
for 24 or more consecutive hours to two or more patients who are not
related to the governing authority or its members by marriage, blood
or adoption. "Long-term care facility" shall include the terms "skilled
nursing facility" and "intermediate care facility."
A designated parcel, tract, or area of land established by
a plat or otherwise as permitted by law and to be used, developed,
or build upon as a unit.
The percentage of lot area that is covered by impervious
coverage.
[Amended 3-9-2015 by Ord. No. 15-09]
The mean distance between the front and rear property lines
of any lot, measured along a line either parallel to or making equal
angles with the side lines.
The length of the street line of a lot.
A line of record bounding a lot that divides one lot from
another lot or from a public or private street or any other public
space.
The lot line separating a lot from a street right-of-way.
In the Historic District-Oceanfront District, the front lot line shall
be the lot line between the leasehold lot in question and the Historic
Flared Avenue Open Space. This line is also considered the inner sidewalk
line.
The lot line opposite and most distant from the front lot
line. In the case of a corner lot, the lot line opposite the shorter
front street line shall be considered the rear lot line.
Any lot line other than a front lot line or rear lot line.
A distance measured at the front yard setback line along
a line perpendicular to parallel side lines or making equal angles
with both converging side lines. Where a front yard is not required,
the lot width shall be measured along the street line.
A lot at the junction of and abutting on two or more intersecting
streets where the interior angle of intersection does not exceed 135°.
A lot abutting a curved street shall be deemed a corner lot if the
tangents to the curve at the points of intersection of the side lot
lines with the street lines intersect at an interior angle of less
than 135°. The front yard area of a corner lot will be established
by the location of the front door. The lot line opposite the front
lot line will be considered the rear lot line and the other two lot
lines will be considered side lot lines.
[Amended 7-13-2015 by Ord. No. 15-28]
A large lot not meeting minimum frontage requirements and
where access to a public road is via a narrow, private right-of-way
or driveway.
A through lot that is not accessible from one from one of
the parallel or nonintersecting streets upon which it fronts.
A lot other than a corner lot which adjoins two street lines
which are at opposite ends of the lot. The front lot line shall be
established by the location of the front door. The opposite lot line
to the front lot line shall be considered the rear lot line.
[Added 3-12-2007 by Ord.
No. 07-11; amended 7-13-2015 by Ord. No. 15-28]
The lowest level of the lowest enclosed area (including 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 non-elevation design requirements.
Any security which may be accepted by the Township for the
maintenance of any required improvements.
The drying, processing, compounding, or conversion of usable
cannabis into cannabis products or cannabis resins. "Manufacture"
does not include packaging or labeling. (This definition is intended
to correlate with Cannabis Class Uses as developed and updated by
the State of New Jersey.)
[Added 7-26-2021 by Ord.
No. 21-34]
A structure transportable in one or more sections which is
built on a permanent chassis and designed for use with or without
a permanent foundation when connected to the required utilities. For
flood plain management purposes, the term "manufactured home" also
includes park trailers, travel trailers and other similar vehicles
placed on a site for greater than 180 consecutive days. For insurance
purposes, the term "manufactured home" does not include park trailers,
travel trailers and other similar vehicles.
A parcel or contiguous parcels of land divided into two or
more manufactured home lots for rent or sale.
Any process whereby the nature, size, or shape of articles
or raw materials are changed, or where articles are assembled or packaged.
Any pier, dock, wharf, breakwater or similar structure or
facility which is operated to provide dockage for recreational watercraft.
Establishments engaged in selling watercraft related goods
or merchandise to the general public for personal use and rendering
services incidental to the sale of such goods.
A permanent, roof-like structure extending from part or all
of a building or other structure over a public or quasi-public right-of-way
and constructed of some durable material such as metal, glass or plastic.
A cannabis plant that is not an immature cannabis plant.
(This definition is intended to correlate with Cannabis Class Uses
as developed and updated by the State of New Jersey.)
[Added 7-26-2021 by Ord.
No. 21-34]
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 (N.J.S.A. 24:6I-31 et seq.). (This
definition is intended to correlate with Cannabis Class Uses as developed
and updated by the State of New Jersey.)
[Added 7-26-2021 by Ord.
No. 21-34]
A building, lot, or land area, used as a private club or
social organization not conducted for profit or gain, and which is
not an adjunct to or operated by or in connection with or as a public
tavern, cafe, restaurant or other like public space.
An intermediate level between the floor and ceiling of any
story and covering not more than 33% of the floor area of the room
in which it is located.
A person or entity licensed under P.L. 2021, c. 16 (N.J.S.A.
24:6I-31 et seq.) as a cannabis cultivator, cannabis manufacturer,
cannabis wholesaler, cannabis distributor, cannabis retailer, or cannabis
delivery service that may only, with respect to its business operations,
and capacity and quantity of product: 1) employ no more than 10 employees;
2) operate a cannabis establishment occupying an area of no more than
2,500 square feet, and in the case of a cannabis cultivator, grow
cannabis on an area no more than 2,500 square feet measured on a horizontal
plane and grow above that plane not higher than 24 feet; 3) possess
no more than 1,000 cannabis plants each month, except that a cannabis
distributor's possession of cannabis plants for transportation shall
not be subject to this limit; 4) acquire each month, in the case of
a cannabis manufacturer, no more than 1,000 pounds of usable cannabis;
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. (This definition
is intended to correlate with Cannabis Class Uses as developed and
updated by the State of New Jersey.)
[Added 7-26-2021 by Ord.
No. 21-34]
A development plan for one or more lots which is (are) subject
to development which:
[Added 11-10-2003 by Ord.
No. 03-35; amended 6-12-2017 by Ord. No. 17-17]
Requires site plan approval; and
Meets the requirements set forth in this Chapter and the Neptune
Township Land Development Ordinance and contains the information needed
to make an informed determination as to whether the requirements established
by this Chapter for approval of a minor site plan have been met; and
Meets the following conditions:
New building construction, or building additions that do not
qualify as exempt development, of less than 3,000 square feet.
The proposed development does not increase parking requirements
by more than 15 spaces, nor entail or propose the construction of
a total of more than 15 parking spaces.
The proposed development conforms is not in a Flood Zone.
The proposed development conforms to the performance standards
set forth in this Chapter and the Neptune Township Land Development
Ordinance.
The proposed development does not involve planned development.
The proposed development does not involve any new unmapped street
or the extension of any existing street, not anticipated on the tax
map.
The proposed development does not involve the extension or construction
of any off-tract improvement the cost of which is to be prorated pursuant
to N.J.S.A. 40:55D-42.
The proposed development does not involve the disturbance of
25,000 square feet or more of ground area.
A building that contains residential and non-residential
uses.
See "manufactured housing."
A site containing spaces with required improvements and utilities
that are leased for the long-term placement of manufactured houses
and that may include services and facilities for the residents.
The type of tower that is self-supporting with a single shaft
of wood, steel or concrete and a platform (or racks) for panel antennas
arrayed at the top.
See "funeral home."
An establishment providing sleeping accommodations with a
majority of all rooms having direct access to the outside without
the necessity of passing through the main lobby of the building.
A self-propelled device used for transportation of people
or goods over land surfaces.
A building or structure consisting of more than one level
and used for the temporary storage of motor vehicles.
The established criteria for evaluating the eligibility of
properties for inclusion in the National Register of Historic Places.
The permitted number of dwelling units which may be developed
per acre of land, exclusive of wetlands and wetland buffers, water
bodies and their riparian buffers, easements, steep slopes, and any
and all other environmental, legal, or man-made constraints.
[Added 3-9-2015 by Ord.
No. 15-08]
Structures for which the start of construction commenced
on or after the effective date of this Chapter.
An establishment dispensing liquor and meals and in which
music, dancing or entertainment is conducted. For the purposes of
this Chapter, an adult entertainment use shall not be considered a
nightclub.
Not dependent or conditioned upon the provision or receipt
of financial consideration. (This definition is intended to correlate
with Cannabis Class Uses as developed and updated by the State of
New Jersey.)
[Added 7-26-2021 by Ord.
No. 21-34]
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.
An interference with the enjoyment and use of property.
Land or greenhouses used to raise flowers, shrubs and plants
for sale.
See "long-term care facility."
Not located on the property that is the subject of a development
plan nor on the closest half of the abutting street or right-of-way.
[Amended 11-10-2003 by Ord. No. 03-35]
A room or group of rooms used for conducting the affairs
of a business, profession, service, industry, or government and generally
furnished with desks, tables, files and communication equipment.
Located outside the lot lines of the lot in question but
within the property, of which the lot is a part, which is the subject
of a development plan or the closest half of the street or right-of-way
abutting the property of which the lot is a part.
[Amended 11-10-2003 by Ord. No. 03-35]
Located on the lot in question and excluding any abutting
street or right-of-way.
[Amended 11-10-2003 by Ord. No. 03-35]
Located on the property that is the subject of a development
plan or on the closest half of an abutting street or right-of-way.
[Amended 11-10-2003 by Ord. No. 03-35]
Any parcel or area of land or water essentially unimproved,
except for buildings, structures, streets and off-street parking and
other improvements that are designed to be incidental to the natural
openness of the land.
An open space area within or related to a development, and
designed and intended for the use or enjoyment of residents and owners
of the development. Common open space may contain such complementary
structures and improvements as are necessary and appropriate for the
use or enjoyment of residents and owners of the development.
A repair or exact replacement of any part of a structure
for which a construction permit is not required by the Township and
where the purpose and effect of such work or replacement is to correct
deterioration, restore a damaged part and prevent the spread of deterioration
and is without change in the exterior of the structure or in the color
of the paint. The following are some of the activities which are permitted
as ordinary maintenance and repairs: A) identical replacement of existing
windows and doors; B) repairs of existing windows and doors and the
installation of storm doors and windows that do not change their design,
scale or appearance; C) maintenance and repair of existing roofing
materials involving no change in the design, scale or appearance of
the structure; D) replacement of existing clapboards, shingles or
other siding with identical materials and in an identical configuration.
Maintenance and repair of existing clapboards, shingles, or other
siding including masonry involving no change in the design, scale
or appearance of the structure.
The keeping other than in a building of any goods, junk,
material, merchandise, or vehicles in the same place for more than
24 hours.
A tract of land designated and used by the public for active
and passive recreation.
An improved, off-street, ground-level open area used for
the parking of motor vehicles. A parking lot may include access drives
or aisles for ingress and egress.
A paved or surfaced area for off-street motor vehicle parking.
A level, landscaped, and/or surfaced area on a lot with a
principal building and not covered by a permanent roof, less than
12 inches above grade.
Any security which may be accepted by the Township to assure
required improvements associated with an application for development
will be satisfactorily completed.
Any required Township approval for exterior work to any structure
or property in a historic district or on a historic site, which exterior
work is subject to public view. "Permit" shall include but is not
limited to a zoning permit, construction permit, a demolition permit,
a permit to move, convert, relocate or remodel or to change the use
or type of occupancy of any structure or property in a historic district
which involves exterior changes to the structure or the property on
which it is located.
A person who has sustained an injury, illness or traumatic
changes to the skull, the brain contents or its coverings, which results
in a temporary or permanent physiobiological decrease of mental, cognitive,
behavioral, social or physical functions which causes partial or total
disability.
A structure intended for non-commercial purposes built along
or at an angle from a shoreline so that a boat may discharge or receive
passengers.
A service provided to an individual or group of individuals
that does not produce tangible goods for retail sale or consumption.
Any business use that provides services to an individual
or group of individuals, such as barbershops, dry cleaning establishments,
beauty salons, travel agencies and substantially similar-type uses,
and does not provide goods for retail sale or consumption.
A church, synagogue, temple, mosque or other facility that
is used for prayer, or formal religious services by a religious congregation.
A contiguous or noncontiguous land area with a minimum specified
land area as specified herein developed according to a plan as a single
entity containing one or more structures with appurtenant common areas
to accommodate commercial and/or office uses.
Any planned unit development and any planned commercial development.
An area with a minimum contiguous or non-contiguous 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 or commercial
area in such ranges of ratios of nonresidential uses to residential
uses as is specified in this Chapter.
A roofed, open area attached to and with direct access to
or from a building.
Porches (as defined elsewhere in Section LDO-201 of the Township's Land Use Ordinance) are permitted in the FHA; however, after accounting for the requirements of stairs as defined in this section, no porch shall extend farther than 1/2 the distance from the building plane to the front and side lot lines and the actual depth of said porch shall be no larger than eight feet.
[Added 4-8-2013 by Ord.
No. 13-11]
The conferral of certain rights pursuant to the Municipal
Land Use Law, prior to final approval of a major site plan or major
subdivision, after specific elements of a development have been approved
by the delegated approving authority and agreed to by the applicant.
Includes the following areas of a location licensed under
P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.): 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. (This definition
is intended to correlate with Cannabis Class Uses as developed and
updated by the State of New Jersey.)
[Added 7-26-2021 by Ord.
No. 21-34]
The act or process of applying measures to sustain the existing
form, integrity and material of a building or structure, and the landscape
features and vegetative cover of a site. It may include initial stabilization
work, where necessary, as well as ongoing maintenance of the historic
building materials.
A building in which the principal use of the lot on is conducted.
The primary or predominant use of any lot.
An office used or occupied by a licensed professional in
the fields of accounting, architecture, dentistry, engineering, finance,
insurance, law, medicine, planning and similar occupations and professions.
Any use that is not specifically permitted by this Chapter.
The act or process of applying measures designed to affect
the physical condition of a property by defending or guarding it from
deterioration, loss or attack, or to cover or shield the property
from danger or injury.
The use of land or buildings by the Township of Neptune or
by any other federal, state, county or municipal governmental body
including the Township of Neptune Board of Education.
A facility with the primary function of generating, creating
or harnessing natural or man-made energy for essential services use
or distribution off-site, including electrical sub- and switching
stations, or the disposal or treatment of water or wastes, not including
service yards or storage and treatment yards and facilities or wireless
telecommunications facilities.
A facility specifically geared to providing interior areas
for groups of individuals to congregate, socialize or celebrate particular
events.
The act or process of reproducing by new construction the
exact form and detail of a vanished building, structure or object,
or any part thereof, as it appeared at a specific period of time.
A place designed and equipped for the conduct of sports and
leisure-time activities, excluding billiard parlors, video arcades,
adult book and video stores and massage parlors.
A designated area either within a building, or a screened
space on the exterior of a building, specifically designed to hold
waste or recyclable materials.
The act or process of returning a property to a state of
utility through repair or alteration which makes possible an efficient
contemporary use while preserving those portions or features of the
property which are significant to its historical, architectural and
cultural values.
A specific plan for replacement of removed trees in accordance
with the provisions of this Chapter.
A nursery grown certified tree, properly balled, and marked
with a durable label indicating genus, species and variety, and satisfying
the standards for nursery stock and installation thereof, set forth
by American Association of Nurserymen.
An establishment or other facility for carrying on investigation
in the natural, physical or social sciences, which may include engineering
and product development.
Any establishment at which food or drink is prepared, served
and consumed primarily within the principal building or at a permitted
accessory outside dining facility.
An establishment where food and/or beverages are sold in
a form ready for consumption, where the consumption may take place
or is designated to take place outside the confines of a restaurant,
and where ordering or pick-up of food may take place from an automobile.
An establishment where food and/or beverages are sold in
a form ready for consumption, where the consumption may take place
or is designated to take place outside the confines of a restaurant,
and where ordering or pick-up of food may not take place from an automobile.
The act or process of accurately recovering the form and
details of a property and its setting as it appeared at a particular
period of time by means of the removal of later work or by the replacement
of missing earlier work.
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
Establishments providing services to the general public for
personal or household use.
A structure that is designed and constructed to stabilize
two generally horizontal surfaces which are vertically displaced,
and which shall be either a landscape retaining wall or structural
retaining wall:
[Added 11-10-2003 by Ord.
No. 03-35]
A "landscape retaining wall" shall mean a retaining wall greater
than 18 inches but less than four feet in height, which does not support
any site improvement within four feet of the top of the wall.
A "structural retaining wall" shall mean a retaining wall greater
than four feet in height, or a retaining wall with any site improvement
located within a distance from the top of the wall equal to the height
of the retaining wall.
See "townhouse."
A device incorporating a reflective surface that is solid,
open mesh or bar configured and in the shape of a shallow dish, cone,
horn or cornucopia, for use to receive and/or transmit radio or electromagnetic
waves between terrestrially and/or orbitally based uses.
Any building or a group of buildings the use of which meets
state requirements for elementary, secondary or higher education and
which use does not secure the major part of its funding from any governmental
agency.
Any school licensed by the state and that meets the state
requirements for elementary, secondary or higher education.
A secondary or higher educational facility primarily teaching
usable skills that prepare students for jobs in a trade and meeting
the state requirements as a vocational facility.
The removal of larger trees on an individual basis while
leaving trees of lesser size.
A structure or facility containing separate, individual and
private storage spaces of varying sizes leased or rented on individual
leases for varying periods of time.
A development consisting of multifamily dwelling units wherein
permanent residents will be restricted by covenant to persons with
a minimum age of at least 55 years for one resident of each 80% of
the total units (in accordance with the Federal Fair Housing Act,
as amended in 1988).
[Added 6-10-2002 by Ord.
No. 02-14]
The distance between a building and any lot line.
That line that is established at the required minimum distance
from any lot line and that establishes the area within which the principal
structure must be erected or placed.
The relationship that a site and its buildings have to its
surroundings.
A group of retail stores and service establishments with
parking facilities and designed to serve a community or neighborhood
which is planned, developed, owned and managed as a total entity.
A periodic event that is accessory to a principal permitted
retail use and occurs before and after designated holidays during
which merchants are allowed to display merchandise for sale on the
sidewalk.
Any name, identification, description, display or illumination
which is affixed to or painted on or represented directly or indirectly
upon a building, structure or parcel of land, and which directs attention
to a person, organization, institution, activity, event, place, object,
product, commodity, business, entertainment, service or profession
or which conveys any message, notice or greeting.
The enlargement, extension or relocation of an existing sign
or support structure.
The entire area within a contiguous perimeter enclosing the
limits of a sign and including the frame of the sign, but not including
structural elements outside the limits of such sign and not forming
an integral part thereof.
The area or display surface used for the message.
The routine maintenance and painting of existing, approved
signs, that does not change the approved design or increase the total
sign area.
All frames, glass or other coverings, gooseneck arms, light
bulbs, lights, shields, shades, reflectors, supports, brackets, braces,
screws, bolts, fastenings or other items or devices which constitute
a part of the support system for any sign, awning, canopy or marquee.
A sign shall be considered abandoned when the business activity
or firm which such sign advertises is no longer in operation.
[Added 10-27-2008 by Ord.
No. 08-44; 7-13-2015 by Ord. No. 15-28]
A sign that is mounted, painted, or attached to an awning.
A temporary sign that identifies the tradesperson or architect
of a specific improvement on the property for which the improvement
is being made.
A sign intended to facilitate efficient traffic circulation
movement within a particular tract.
A ground or wall sign listing the tenants or occupants of
a building or group of buildings and that may indicate their respective
professions or business activities.
A sign the illumination of which is not kept constant in
intensity at all times when in use.
A single or multi-faced sign not attached to a building,
and with an upright base extending from the ground.
A sign having characters, letters, figures, designs or outlines
illuminated by electric light or luminous tubes as a part of the sign.
An illuminated, non-flashing sign whose illumination is derived
from an external artificial source and is so arranged that no direct
rays of light are projected from the artificial source into an area
where anyone resides or into any public street or public way.
A non-conforming sign is a sign that was lawfully erected
and maintained prior to the adoption of this ordinance, and which
by reason of such adoption fails to conform to all applicable regulations
and restrictions of this Chapter.
[Added 10-27-2008 by Ord.
No. 08-44; amended 7-13-2015 by Ord. No. 15-28]
A temporary sign denoting a political campaign headquarters,
party affiliation, cause or candidate.
A sign that is not securely affixed to the ground or otherwise
affixed in a permanent manner to a building or other structure.
A temporary sign intended to identify a project under construction,
including the project name, general contractor, architect and prime
real estate agent.
A sign that is wholly or partly dependent upon a building
for support and that projects more than nine inches from such building.
A sign designed to promote the public health, safety and
welfare, including official government notices, government signs,
signs to control and direct traffic on public streets, street identification
signs, signs erected by public utility companies to warn of dangerous
or hazardous conditions and political signs.
A temporary, portable sign that incorporates changeable lettering
and is intended primarily for advertising or announcement purposes.
A sign pertaining to the sale or lease of the premises, or
a portion thereof, on which the sign is located.
A sign identifying a residential major subdivision, condominium,
apartment or townhouse complex, and is located entirely on the property
which it is identifying.
A wall sign permitted for the sole purpose of identifying
the inhabitant residing therein, the house name and/or identifying
the address of the house.
A sign that is mounted on the roof of a building or is wholly
dependent upon a building for support, and that projects above the
top walk or edge 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.
A temporary, moveable, non-illuminated sign located within
the public right-of-way that is not permanently affixed to a wall,
structure or to the ground.
A permitted sign for the purpose of identifying private parking
areas and directing the flow of traffic on private property.
A sign attached to, painted on, or erected against the wall
of a building or structure, with the exposed face of the sign in a
plane parallel to the face of the wall.
A sign which is part of or affixed or attached to the interior
or exterior of a window or otherwise part of a window and located
within 18 inches of the interior of the window and which can be seen
from a public street or public parking facility.
The management of any wooded tract of land to insure the
continued survival and welfare, whether for commercial or noncommercial
purposes, pursuant to a plan approved by the New Jersey Bureau of
Forestry.
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including but not
necessarily limited to topography, vegetation, drainage, flood plains,
marshes and waterways; the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting,
and screening devices; and any other information that may be reasonably
required in order to make an informed determination pursuant to this
Chapter.
The forest debris remaining after a tree removal operation.
The Freehold Soil Conservation District as established in accordance with the provisions of Chapter 24, Title 4, N.J.S.A.
A designated, unroofed, enclosed area for the temporary storage
of waste and recyclable materials.
Any tree with a DPM of 18 inches or greater.
In the FHA portions of the Township, stairs from elevated
structures shall be able to project into the front yard setback as
defined herein. For stairs that provide access from the front of a
structure, stairs may project up to 50% of the required front yard
setback to accommodate stair access, but in no case shall they be
closer than 10 feet from the front lot line. In the case of stairways
that are accessed from the side of a structure, stairs shall be permitted
to project up to 50% of the side yard setback - as defined herein
- but may not encroach further than three feet from the prevailing
side lot line.
[Added 4-8-2013 by Ord.
No. 13-11]
To accommodate stairwell access to elevated structures in
the FHA and keeping with the restrictions of stairwell projections
as defined in this section, the use of stairway landings may be necessary
to effectuate access to a given structure. For the purposes of this
Code, "stairway landing" is defined as a level, uncovered platform
installed at the point where stairs change direction, either at the
top of or in between flights.
[Added 4-8-2013 by Ord.
No. 13-11]
The date the construction permit is issued, provided the
actual start of construction, repair, reconstruction, placement, or
other improvement is commenced within 180 days of that date.
An agency of the State established in accordance with the provisions of Chapter 24, Title 4, N.J.S.A.
Areas on a lot where the inclination of the land's surface
from the horizontal is 15% or greater as measured over a ten-foot
interval. Steep slopes which are 25% or greater as measured over a
five-foot interval shall be considered critical slopes.
[Added 11-10-2003 by Ord.
No. 03-35]
An accessory building that is exclusively used by the occupant
of the principal building to which it is incidental, and contains
items customarily associated with residential use such as personal
items, lawn mowers, tools and hardware.
That portion of a building consisting of at least seven feet
of vertical height, included between the surface of any floor and
the surface of the floor next above it, or if there is no floor above
it, then the space between the floor and the ceiling next above it.
If the ceiling or underside of supporting members is less than four
feet above average grade of any space, then that space shall not be
considered a story nor counted as floor area.
That portion at the top of a building under a sloping or
pitched roof, the perimeter knee wall of at least two opposite exterior
walls, upon which the roof rafters rest, is not greater than three
feet above the floor deck of such half story. Nothing in this definition
shall preclude the use of architectural embellishments, as permitted
in this Chapter.
[Amended 3-12-2007 by Ord. No. 07-11]
 Figure: Story, half
|
Any river, stream, pond, lake or wetland, together with adjacent
upland areas, that supports protective bands of vegetation that line
the water's edge.
The dividing line between a lot and a street.
Any activity which disturbs vegetated or otherwise stabilized
soil surfaces, including clearing and grubbing operations.
A combination of materials constructed for use, occupancy,
or ornamentation whether installed on, above, or below the surface
of land.
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 act, if no new streets are created: A) divisions
of land found by the Planning Board to be for agricultural purposes
where all resulting parcels are five acres or larger in size, B) divisions
of property by testamentary or intestate provisions, C) divisions
of property upon court order, including but not limited to judgments
of foreclosure, D) consolidation of existing lots by deed or other
recorded instrument and E) the conveyance of one or more adjoining
lots, tracts or parcels of land, owned by the same person or persons
and all of which are found and certified by the administrative officer
to conform to the requirements of the municipal development regulations
and are shown and designated as separate lots, tracts or parcels on
the tax map or atlas of the municipality. The term "subdivision" shall
also include the term "resubdivision."
Any subdivision not classified as a minor subdivision.
A subdivision of land for the creation of not more than three
lots, provided such subdivision does not involve A) a planned development,
B) any new street or C) the extension of any off-tract improvement,
the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
[Amended 4-8-2013 by Ord.
No. 13-11]
Any project for improvement of a structure to correct existing
violations of State or local health, sanitary or safety code specifications
which have been identified by the local code enforcement officer and
which are the minimum necessary to assure safe living conditions;
or
Any alteration of a historic structure, if designated as a key
structure and one that would be adversely affected in terms of historic
character as determined by the Municipal Construction Official/Floodplain
Administrator. Alteration of a historic structure shall not be considered
a relocation.
A determination by COAH approving a municipality's housing
element and fair share plan in accordance with the provisions of the
Fair Housing Act and the rules and criteria set forth herein. A grant
of substantive certification shall be valid for a period of six years
in accordance with the terms and conditions therein.
An accessory structure whether located above or below the
ground, designed and maintained for swimming and bathing purposes
by a private residence for use by household members and guests, having
a depth of more than 18 inches and/or a water surface in excess of
100 square feet.
A swimming pool which is located above ground level, otherwise
not permanently installed, does not require water filtration, circulation
and purification, does not exceed a water surface of 100 square feet,
and does not require braces or supports.
An establishment used for the serving and consumption of
liquor by the drink to the general public on-site as a principal use.
A place where motion pictures are shown to the public for
a fee. For the purposes of this Chapter, an adult entertainment venue
shall not be considered a motion picture theater.
A building designed for the presentation and viewing of live
performances. For the purposes of this Chapter, an adult entertainment
venue shall not be considered a performing arts theater.
The removal of undesirable, competitive, diseased or damaged
trees so as to cultivate and improve the development of the remaining
trees on the lot.
The top six-inch layer of arable soil.
The structure designed to support transmitting or receiving
antennas. For the purposes of this Chapter, amateur radio transmission
facilities and facilities used exclusively for the transmission of
television and radio signals are not transmission towers.
A one-family dwelling in a row of at least three such units
in which each unit has its own front and secondary access to the outside,
no unit is located over another unit, and each unit is separated from
any other unit by one or more vertical common fire-resistant walls.
A wheel-based non-commercial structure that is used for the
transportation or storage of goods or materials, as a construction
office, for temporary short-term habitation in case of calamity, or
other occupancy subject to the provisions of this Chapter. A box container
which has been temporarily or permanently removed from a chassis or
truck bed shall be considered a trailer.
Any deciduous or coniferous species which reaches a typical
mature height of 12 feet or more at maturity, and has a typical DPM
of four inches or greater.
The purpose or activity for which land or buildings are designed,
arranged, or intended or for which land or buildings are occupied
or maintained.
A wall constructed of stone or other material erected for
the sole purpose of providing a decorative and/or landscaped feature,
and not to include structural support walls, retaining walls or any
other walls constructed for a purpose other than aesthetics.
A building used primarily for the storage of goods and materials.
A structure that facilitates personal wireless services as
defined in the Federal Telecommunications Act of 1996 which includes
FCC-licensed commercial wireless telecommunications services such
as cellular, personal communications services (PCS), specialized mobile
radio (SMR), enhanced specialized mobile radio (ESMR), paging, and
similar services that currently exist or may be developed in the future.
Those wooded lands within a lot or tract which are not specifically
excluded by any general, state, county or municipal law or ordinance,
deed restriction or covenant running with the land. For purposes of
this Chapter, those lands specifically eliminated from considerations
as wooded acres permitted for development include, but are not limited
to, wetlands as defined by N.J.S.A. 13-9B-1 et seq.
An open space that lies between the principal building or
buildings and the nearest lot line. The minimum required yard as set
forth herein is to be unoccupied and unobstructed from the ground
upward except as may be provided in this Chapter.
An open, unoccupied space (unless occupied by a structure
hereinafter specifically permitted) extending across the full width
of the lot and lying between the street line and the building line.
All yards abutting a street shall be considered a front yard. In the
Historic District-Oceanfront District, the front yard shall be the
yard between the building line and leasehold line abutting the Historic
Flared Avenue Open Space.
An open, unoccupied space (unless occupied by an accessory
structure) extending across the full width of the lot between the
rear lot line and the building line.
An open, unoccupied space (unless occupied by an accessory
structure) extending along the side lot line from the front yard to
the rear yard and lying between the side lot line and the building
line.
An agent appointed by the Township Committee who shall be
responsible for the administration and enforcement of the provisions,
requirements, regulations and standards contained in this Chapter
and who shall have such other duties and responsibilities as may herein
specified or assigned by an appropriate body.
A document signed by the administrative officer 1) which
is required by ordinance as a condition precedent to the commencement
of a use or the erection, construction, reconstruction, alteration,
conversion, or installation of a structure or building and 2) which
acknowledges such use, structure or building complies with the provisions
of the municipal zoning ordinance or variance therefrom duly authorized
by a municipal agency pursuant to the Municipal Land Use Law.
[1]
Editor's Note: The former definition of "advertising billboard
sign," added 10-27-2008 by Ord. No. 08-44, which immediately followed
this definition, was repealed 7-13-2015 by Ord. No. 15-28.
[2]
Editor's Note: The former definition of "billboard," which
immediately followed this definition, was repealed 10-27-2008 by Ord.
No. 08-44.
