City of Millville, NJ General Provisions

Any use of land or water, or both, which creates a dangerous condition for persons or property in or about an airport or aircraft during landing or taking off at an airport; or

ANTENNA SUPPORT STRUCTURE

Any structure or tree which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport.

AIRPORT SAFETY ZONE

Any area of land or water, or both, upon which an airport hazard might be created or established, if not prevented by N.J.A.C. 16:62.

AISLE

The traveled way by which cars enter and depart parking spaces.

ALLEY

A public or private street primarily designed to serve as secondary vehicular service access to the side or rear of those properties whose principal frontage is on some other street.

ALTERATION

Any change in, or addition to, the supporting or structural members of a building or other structure such as the bearing walls, partitions, columns, beams, or girders, or any change to adapt a structure to a different use. A structural alteration shall also include the removal of a building from one location to another.

ALTERATION, STRUCTURAL

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

AMBULANCE SERVICE

The provision of nonemergency medical care and transportation by certified trained personnel in a vehicle which is designed and equipped to provide medical care at the scene and while transporting sick or injured persons to or from a medical care facility or provider.

AMENDED APPLICATION

An application for development that replaces another, which has been deemed complete but not granted, denied, or withdrawn by the applicant, and is for the same site or part thereof. An amended application shall be processed and reviewed as a new application.

ANTENNA

Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunication signals or other signals.

Any building or structure other than a tower which can be used for location of telecommunication facilities.

ANTIQUE STORE

Premises used for the sale or trading of articles of which 80% or more are over 50 years old and have collectible value derived because of age. Antique stores do not include secondhand or used pieces of contemporary furniture.

APARTMENT

One or more rooms with private bath and kitchen facilities constituting an independent, self-contained dwelling unit in a building containing two or more dwelling units.

APARTMENT, GARDEN

A multifamily dwelling structure(s), not more than two or three rooms in depth or 2 1/2 stories in height, designed as part of a residential project under single management, providing joint and common use of open areas by occupants, whether for recreation, parking or other purposes as permitted by § 30-194A.

APARTMENT, HI-RISE

An apartment building of six to eight stories as permitted by § 30-194C.

APARTMENT, MID-RISE

An apartment building containing from three to five stories as permitted by § 30-194B.

APPLICANT

A developer submitting an application for development.

APPLICATION FOR DEVELOPMENT

The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, cluster development, conditional use, zoning variance or direction of the issuance of a permit pursuant to the authority of N.J.S.A. 40:55D-1 et seq.

APPLICATION FOR DEVELOPMENT

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

APPROVING AUTHORITY

The City of Millville Planning Board, unless a different agency is designated by ordinance when acting pursuant to the authority of N.J.S.A. 40:55D-1 et seq.

APPROVING AUTHORITY

The Planning Board or Zoning Board of Adjustment of the municipality unless a different agency is designated by ordinance when acting pursuant to the authority of N.J.S.A. 40:55D-1 et seq.

ART PERFORMANCE SPACE

Art performance space, including but not limited to theater, poetry, dance performance or recitals for live music. All uses must abide by noise regulations contained within the development regulations. Mixed use of any of the above. Living space shall be restricted to the upper levels of a building.

ARTERIAL STREETS

Streets and highways intended to handle large volumes of regional and through traffic (principal arterials) or which are intended to move traffic from municipality to municipality within a region and to provide connections between principal arterials and lower orders of streets (minor arterials).

ARTIST

A person or persons regularly engaged in the arts as a career and not as a hobby. This does not mean that the creation of art generates the person's primary source of income, but rather that the artist has a body of work that demonstrates the development of the art and intends to pursue that work for the foreseeable future. As used herein, the arts shall include but not be limited to painting, sculpture, pottery, beadmaking, glass blowing or other forms of glass art; music; theater; choreography; textiles; and jewelry making.

ASSISTED LIVING RESIDENCE

A facility licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor.

AUCTION, PERMANENT

The sale of goods or personal property on a continual basis from the same location by the same individual, group, corporation, business or organization on a daily, weekly, monthly or otherwise regular basis, regardless of the ownership of the goods or personal property sold.

AUCTION, TEMPORARY

The sale by auction of goods, property, real and personal, and other items at a given location for no more than three consecutive days or two, two-day weekends during a thirty-day period, regardless of the ownership of the property or goods sold or the person or organization doing the selling.

AUTO BODY SHOP

An establishment that repairs and repaints motor vehicles after collision, fire damage, water damage, or other natural disaster or for the purpose of restoration.

AUTOMOBILE SALES

The use of any building, land or other property for the display and sale of new and used automobiles, light trucks and vans, trailers or recreational vehicles and including vehicle preparation, repair and auto body work as accessory uses.

AUTOMOBILE SALES LOT

An open area other than a street which is used for the display, sale, or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.

AUTOMOBILE WRECKING

An establishment that recycles parts and other materials from motor vehicles or otherwise disposes of same.

AUTOMOTIVE SERVICE CENTER

A service station which does not sell fuel.

BASE COURSE

A layer of material under the surface course built directly on top of the subgrade unless there is a subbase course, in which case, the base course is constructed directly above this layer.

BASEMENT

A space having one half or more of its floor-to-ceiling height above the average level of the adjoining ground and with a floor-to-ceiling height of not less than 6.5 feet.

BED-AND-BREAKFAST INNS

A facility providing overnight accommodations and a morning meal in a dwelling unit to transients for compensation.

BELGIAN BLOCK

A type of paving stone used as curbing generally cut in a truncated pyramidal shape, laid with the base of the pyramid down.

BERM

A mound of soil, either natural or constructed, used for one or more of the following purposes: screen, buffer, separator, landscape feature, noise attenuator, dam, or stormwater control or erosion control.

BICYCLE LANE (BIKE LANE)

A portion of a roadway which has been designated by striping, signing, and pavement markings for the preferential or exclusive use of bicyclists.

BICYCLE-COMPATIBLE ROADWAY

A road designed to accommodate the shared use of the roadway by bicycles and motor vehicles.

BIFURCATE

To present a development proposal to the Board of Jurisdiction for review pursuant to N.J.S.A. 40:55D-76b via an initial separate application for variance approval followed by a subsequent application for subdivision, site plan, conditional use, or other approval. Each application that is submitted as part of an applicant's bifurcated development proposal presentation, the initial application and any subsequent one, shall constitute and be reviewed by the Board as a separate new application for development, with each application being subject to the payment of all fees and escrows required for new applications, and each application having a separate deeming of completeness.

BIKE PATH

A bikeway physically separated from motorized vehicular traffic by an open space or barrier, and either within the highway right-of-way or within an independent right-of-way or easement.

BIKEWAY

Any road, path, or way which in some manner is specifically designated as being open to bicycle travel, regardless of whether such facilities are designated for the exclusive use of bicycles or are to be shared with other transportation modes.

BILLBOARD

A commercial sign that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located. This definition shall not include signs advertising roadside farm stands.

BLOCK

A unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways, or any other barrier to the continuity of development.

BLUFF

The top of a steep bank rising from the river's edge on a lot or parcel.

BOARD OF ADJUSTMENT

The Zoning Board of Adjustment established pursuant to 40:55D-69.

BOARDINGHOUSE

Any building, together with any related structure, accessory building, any land appurtenant thereto, and any part thereof, which contains two or more units of dwelling space arranged or intended for single room occupancy, exclusive of any such unit occupied by an owner or operator, and wherein personal or financial services are provided to the residents, including any residential hotel or congregate living arrangement, but excluding any hotel, motel, or established guest house wherein a minimum of 85% of the units of dwelling space are offered for limited tenure only, any resource family home as defined in Section 1 of P.L. 1962, c. 137 (N.J.S.A. 30:4C-26.1), any community residence for the developmentally disabled and any community residence for the mentally ill as defined in Section 2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2), any adult family care home as defined in Section 3 of P.L. 2001, c. 304 (N.J.S.A. 26:2Y-3), any dormitory owned or operated on behalf of any nonprofit institution of primary, secondary, or higher education for the use of its students, any building arranged for single room occupancy wherein the units of dwelling space are occupied exclusively by students enrolled in a full-time course of study at an institution of higher education approved by the New Jersey Commission on Higher Education, any facility or living arrangement operated by, or under contract with, any state department or agency, upon the written authorization of the commissioner, and any owner-occupied, one-family residential dwelling made available for occupancy by not more than six guests, where the primary purpose of the occupancy is to provide charitable assistance to the guests and where the owner derives no income from the occupancy. A dwelling shall be deemed "owner-occupied" within the meaning of this section if it is owned or operated by a nonprofit religious or charitable association or corporation and is used as the principal residence of a minister or employee of that corporation or association. For any such dwelling, however, fire detectors shall be required as determined by the Department of Community Affairs.

BOTTOM OF EXCAVATION

The generally flat area at the lowest level adjacent to the face of the pit; also commonly known as "toe of slopes."

BUFFER

A strip of land containing natural or planted screening materials and separating one kind of land use from another or separating components of a development project.

BUILDABLE AREA

The area of a lot remaining after the minimum yard and open space requirements of this chapter have been met and excluding 100-year floodplain, freshwater wetlands, and freshwater wetlands transition buffers.

BUILDING

A structure having a roof supported by columns, posts, or walls and intended for the shelter, housing or enclosing of persons, animals or property.

BUILDING HEIGHT

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

BUILDING LINE

The line parallel to the street line at a distance therefrom equal to the depth of the required front yard in the district under consideration. In the case of a lot abutting two streets, required front yard setbacks from both streets shall be observed.

BUILDING SETBACK LINE

The line parallel to the property line at a distance equal to the depth of the required yard in the zone district under consideration. In the case of a lot abutting two streets, required front yard setbacks from both streets shall be observed.

BUILDING, COMMUNITY

A building for civic, social, educational, cultural and recreational activities of a neighborhood or community not operated primarily for monetary gain.

BUILDING, COVERAGE

The square footage or other area measurement by which a building or structure occupies the land as measured at the grade line around the foundation.

BUILDING, PRINCIPAL

A structure in which is conducted the principal use of the lot on which the structure is situated.

BULK REGULATIONS

Standards and controls that establish the maximum size of building and structures on a lot and the buildable area within which the building may be located, including area, coverage, setback, height, floor area ratio, and yard or other requirements affecting the physical placement of buildings and structures on a lot.

BUSINESS OFFICES AND CENTERS

A group of buildings planned, constructed, and managed as a total entity containing a range of business products or services of a predominantly administrative or clerical nature, including accessory or supporting services and parking. A business office or center can contain one building or separate buildings managed in an integrated and coordinated basis.

CABANA

An accessory building used in conjunction with a private residential swimming pool for use as a changing room and pool equipment storage and which may contain showering facilities.

CAFRA

The Coastal Area Facility Review Act.[3]

CALIPER

For measurement of nursery stock, the diameter of a tree trunk measured in inches at a point 12 inches above natural grade.

CAMP

A group of tents, huts, recreational vehicles or other shelters, usually located near a lake or in a wooded area, forming a temporary residence, especially in summer.

CAMPER

Any of the following:

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

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

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

CANNABIS DELIVERY SERVICE

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

CAMPGROUND

A parcel of land upon which two or more campsites are located, established, or maintained for temporary living quarters for children and/or adults for recreation, education, or vacation purposes, campsites shall include land designated to accommodate any tent or camper. Temporary shall be defined as April 1 to November 1 for this purpose.

CAMPSITE

A place used or suitable for camping.

CANNABIS

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 for use in cannabis products, 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 N.J.S.A. 24:6I-1 et seq. and N.J.S.A. 18A:40-12.22 et seq.; "marijuana" as defined by N.J.S.A. 2C:35-2; or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to N.J.S.A. 4:28-6 et seq.

CANNABIS CULTIVATOR

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.

Any licensed person or entity that provides courier services for consumers' 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.

CANNABIS DISTRIBUTOR

Any licensed person or entity that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed 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.

CANNABIS MANUFACTURER

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 to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 2 Manufacturer license.

CANNABIS PARAPHERNALIA

Any equipment, products, or materials of any kind that are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing cannabis or for ingesting, inhaling, or otherwise introducing a cannabis item into the human body.

CANNABIS PRODUCT

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 cannabis resin by itself.

CANNABIS RETAILER

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 that will be delivered by the cannabis delivery service to that consumer. This person or entity shall hold a Class 5 Cannabis Retailer license.

CANNABIS WHOLESALER

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.

CAPITAL IMPROVEMENT

A governmental acquisition of real property or a major construction project.

CAPPED SYSTEM

A completed water supply and/or sewerage system put in place for future use (contingent upon expansion), rather than to meet immediate development needs.

CAR WASH

Any building or premises or potions thereof used for washing automobiles, light trucks and vans for compensation.

CARPORT

An attached or detached accessory building designed for the storage of motor vehicles and constructed primarily as an open building with only a roof and the necessary supporting columns and of an area between the columns not to exceed 300 square feet.

CARTWAY

The actual road surface area from curbline to curbline which may include travel lanes, parking lanes, and deceleration and acceleration lanes. Where there are no curbs, the cartway is that portion between the edges of the paved, or hard surface, width.

CASUAL USE

The temporary use of lands for geological investigations (test drilling, sampling, etc.) which do not involve either any significant surface disturbance or site preparation.

CELLAR

A story having more than 25% of its clear height below the average finished grade.

CEMETERY

A use of land for a burial place or graveyard, including a mausoleum or columbarium.

CERTIFICATE OF OCCUPANCY

A document which shall be deemed to authorize, and be required for each occupancy and use of a building or land to which it applies, and shall continue in effect only so long as such building and the use thereof and the use of such land is in full conformity with the requirements of this Chapter 30 and the Uniform Construction Code. A certificate of occupancy shall only be issued upon completion or alteration or prior to any changes in occupancy of a building or land only after it is determined by the appropriate issuing officer that said construction or change is in full compliance with this Chapter 30 and the Uniform Construction Code. Maintenance of a valid certificate of occupancy shall be the responsibility of the property owner.

CHANNEL

Any natural or man-made waterway or course through which to convey the constant or intermittent flow of water.

CHANNELIZATION

The straightening and deepening of channels, and/or the surfacing thereof, to permit water to move more rapidly or to redirect the flow of surface water.

CHARGING LEVEL

The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:

Level 1 operates on a fifteen-to-twenty-amp breaker on a 120-volt AC circuit.

Level 2 operates on a forty-to-one-hundred-amp breaker on a 208- or 240-volt AC circuit.

CLUB, SOCIAL OR FRATERNAL

Direct-current fast charger (DCFC) operates on a sixty-amp-or-higher breaker on a 480-volt-or-higher three-phase circuit with special grounding equipment. DCFC stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.

CHILD-CARE CENTER

Child-care centers provide care for six or more children below 13 years of age who attend less than 24 hours per day. Child-care-centers shall be licensed and comply with the provisions of N.J.A.C. 10:122-1 et seq.[4]

CIRCULATION

The system, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and for the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.

CITY

The City of Millville including its Planning and Zoning Board.

CLEARING

Any intentional or negligent act to cut, damage, or remove all or a substantial part of a tree or other vegetation that will cause the tree or other vegetation to decay or die.

CLINIC

A place where patients are studied or treated on an outpatient basis by physicians specializing in various ailments and practicing as a group and where no overnight accommodations are provided.

CLUB

Any organization catering exclusively to members and their guests, or any organization for religious, vocational, civic, recreational or athletic purposes which is not conducted for financial gain.

A private organization for social purposes in which the principal use is in enclosed buildings and limited outdoor sports are involved.

COLLECTOR STREET, MAJOR

This street type, as its name suggests, collects and distributes traffic between lower-order residential streets and the higher-order streets in the FHWA's system.

COLLECTOR STREET, MINOR

Streets that provide frontage for access to lots and carry traffic to and from adjoining residential access streets. Minor collectors connect to either (residential) major collectors or arterials.

COLLECTOR STREETS

Streets which will carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.

COLLECTOR SURFACE

Any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process. Collector surface does not include frames, support and mounting hardware.

COMMERCIAL POULTRY FARM

A farm or industrial use designed and intended primarily for breeding, raising and processing of poultry or fowl for commercial sale and where the number of birds exceed 50 birds per use at any one time.

COMMERCIAL RECREATION FACILITIES

An area of a commercial development plan designated and equipped for the conduct of leisure time activities or a recreation facility operated as a business and open to the public for a fee.

COMMERCIAL VEHICLES

Vehicles used in the conduct of business, retail, service or industrial purposes.

COMMISSION

As related to cannabis, is the Cannabis Regulatory Commission established pursuant to N.J.S.A. 24:6I-24(31).

COMMISSIONER (as related to manufactured homes)

The Commissioner of the Department of Community Affairs.

COMMON OPEN SPACE

An open space area within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and/or lot or dwelling owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

COMMON PROPERTY

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

COMMUNITY RESIDENCES

A single-family dwelling unit used for various purposes and subject to various licenses and requirements in P.L. 1978, c. 159 (N.J.S.A. 40:55D-66.1 et seq.)

COMPLETE APPLICATION

An application for development complete for purposes of commencing the applicable time period for action by the Planning Board or Zoning Board of Adjustment, as the case may be, when so certified by the Board or its authorized designee as indicated in Article VI of this chapter.

CONDITIONAL USE

A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the Zoning Ordinance, and upon the issuance of an authorization therefor by the Planning Board.

CONDOMINIUM

A multiunit property, or a method of ownership of such a property, in which a tenant holds full title to a single residential or commercial unit and joint ownership in the common grounds and/or supporting facilities of the property. The term may also refer to the unit held in single ownership.

CONFERENCE CENTER

A facility used for conferences, meetings, and seminars with accommodations for food preparation and eating, recreation, entertainment, meeting rooms, and resources.

CONGREGATE CARE APARTMENT

A rental apartment with communal dining facilities and services such as housekeeping, organized recreational and social activities, transportation services and other similar support services for residents. Fees for such services may be charged on a bundled monthly basis or may be arranged on a fee-for-service basis.

CONGREGATE CARE HOUSING

A form of age-restricted housing that combines private living quarters with centralized dining services, shared living spaces, and access to social and recreational activities and that may include transportation services, personal care services, rehabilitative services, religious programs, and other support services.

CONSERVATION RESTRICTION

A conservation restriction as defined in Section 2 of P.L. 1979, c. 378 (N.J.S.A. 13:8B-2).

CONSUMPTION AREA (as related to cannabis)

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 separated 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.

CONTIGUOUS CLUSTER

A contiguous area to be developed as a single entity according to a plan containing a section or sections to be developed for residential purposes, nonresidential purposes, or a combination thereof, at a greater concentration of density or intensity of land use than authorized within the section or sections under conventional development, in exchange for the permanent preservation of another section or other sections of the area as common or public open space, or for historic or agricultural purposes, or a combination thereof.

CONTIGUOUS LANDS

Land which is connected or adjacent to other land so as to permit the land to be used as a functional unit, provided that separation by lot lines, streams, roads, rights-of-way, and easements shall not affect the contiguity of the land.

CONTINUING CARE RETIREMENT COMMUNITY

An age-restricted development that provides a continuum of accommodations and care from independent living to long-term bed care, and which enters into contracts to provide lifelong care in exchange for the payment of monthly fees, plus an entrance fee, in excess of one year of monthly fees conforming to N.J.S.A. 52:27D-330 et seq., as it may be amended or superseded.

CONVALESCENT HOME

An institution where the ill or injured may receive extended care in between post hospital care and complete cure and where medical, nursing, food and lodging services may be provided including examination and treatment facilities including x-ray equipment.

CONVENIENCE GOODS STORE

A retail store of less than 4,000 square feet in size, intended for neighborhood/local shopping in which the primary business is the sale of packaged goods and/or groceries and a wide variety of sundries, including but not limited to food, beverages, cigarettes, candy, confectionery items, film and film processing, small appliances, clothing, toys, nonprescription medicines, cards, pain relievers and pharmacy items purchased with or without prescriptions, health, hygiene and medical aides and supplies, refrigerated items, cosmetics, paper products, seasonal decorations and similar items.

CONVENTIONAL DEVELOPMENT

A development other than a planned development.

CONVERSION

The remodeling or alteration of a structure to accommodate the provision of more dwelling units than were originally intended. Conversions include the alteration of a nonresidential structure into a dwelling unit for at least one family and the modification of a single-family structure more dwelling units per §§ 30-205B(2) and 30-205A(3).

COUNTRY CLUB

Land area and buildings containing golf courses, recreational facilities, a clubhouse, and customary accessory uses, open only to members and their guests and operating as a nonprofit entity.

COUNTY AGRICULTURAL DEVELOPMENT BOARD or CARB

A county agriculture development board established by a county pursuant to the provisions of Section 7 of P.L. 1983, c. 32 (N.J.S.A. 4:1C-14).

COUNTY MASTER PLAN

A composite of the Master Plans for the physical development of Cumberland County, with the accompanying maps, plats, charts and descriptive and explanatory matter, adopted by the County Planning Board.

COUNTY PLANNING BOARD

The Cumberland County Planning Board.

COVERAGE

That percentage of the plat or lot area covered by all structures, paving and nonporous materials other than retaining walls, shrubbery and fences. Any area of a lot covered with porous material will not be included in the calculation of lot coverage.

CRAFT BEVERAGE PRODUCTION/TASTING ESTABLISHMENT

A facility, licensed by the State of New Jersey, in which beer, wine, cider, mead, distilled spirits, or other similar beverages are brewed, fermented, or distilled in quantities not to exceed 15,000 barrels of beer, or 36,000 gallons of distilled spirits, wine, cider, or mead annually and that have as an accessory use or are accessory to a public tasting room. Establishments exceeding the above production quantities or establishments which solely manufacture product without a tasting room shall be deemed a manufacturing, production and processing establishment and meet industrial use standards.

CRITICAL AREAS

Water bodies (including streams, ponds and lakes), 100-year floodplains, freshwater wetlands, aquifer recharge areas, habitats of threatened or endangered species, high water table within one foot of the surface and slopes in excess of 25%; areas with sediment-producing, highly erodible or severely eroded soils.

CUL-DE-SAC

A street with a single means of ingress and egress and having a turnaround, the design of which may vary.

CURB

A stone, concrete, or other improved boundary marking the edge of the roadway or paved area.

DATE OF SUBMISSION

The date of submission of an application for development shall be the date that the Planning Office receives:

Complete and signed and dated City of Millville Land Development application form;

Required fee and initial escrow payment:

Completed Submission Checklist with the signature of the person who completed it and every page initialed;

DEVELOPMENT PLAN, GENERAL

A written statement of the rationale for each waiver requested.

DAYS

Calendar days.

dBA

The expression of the relative loudness of sounds in air as perceived by the human ear and weighted to reduce decibel values of sound at low frequencies.

DEDICATION

An appropriation of land to some public use made by the owner and accepted for such use by or on behalf of the public.

DEMOLITION

The partial or total razing or destruction of any building or of any improvement to land.

DENSITY

The permitted number of dwelling units per gross acre of land to be developed.

DENSITY, GROSS

The total number of dwelling units per gross acre within any existing or proposed development that includes streets and open space portions of a development. To calculate gross density, the total area of the tract is divided by the total number of dwelling units and the result is expressed in units per acre.

DENSITY, NET

The total number of dwelling units per gross acre within any existing or proposed development that excludes streets and open space portions of a development. In the case of a mixed use development, the land devoted to nonresidential uses also is excluded.

DENSITY, RESIDENTIAL

The total number of dwelling units per gross acre of residential land area including streets, easements and open space portions of a development. This also is known as "gross residential density."

DESIGN ENGINEER

A person professionally qualified and duly licensed to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design, and preparation of drawings and specifications.

DESIGN STANDARDS

Standards that set forth specific improvement requirements.

DESIGNATED USE AREA

Areas shown on planned development wherein particular types of dwelling units or commercial, institutional or common open space uses may be situated and which are employed for the purpose of calculating the maximum net density limitation and area requirements applicable to the use. Such areas may, but need not be, coextensive with any existing or proposed record lot lines.

DETENTION BASIN

A man-made or natural water collector facility designed to collect surface and subsurface water in order to impede its flow and to release same gradually at a rate not greater than that prior to the development of the property, into natural or man-made outlets.

DEVELOPABLE AREA

The portion of the tract or parcel upon which development may occur and from which lot size and open space can be calculated after subtracting any state-claimed tidal land.

DEVELOPER

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

DEVELOPMENT

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill, any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq.

A comprehensive plan for the development of a planned development, as provided in the Municipal Land Use Law.[5]

DEVELOPMENT REGULATION

A zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other municipal regulation of the use and development of land, or amendment thereto, adopted and filed pursuant to N.J.S.A. 40:55D-1 et seq.

DEVELOPMENT, CONVENTIONAL

A development other than planned development.

DEVELOPMENT, PLANNED UNIT

An area with a specified minimum 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, commercial, or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in the Zoning Ordinance.

DEVELOPMENT, PLANNED UNIT RESIDENTIAL

An area with a specified minimum contiguous acreage of five acres or more to be developed as a single entity according to a plan, containing one or more residential clusters, which may include appropriate commercial or public or quasi-public uses, all primarily for the benefit of the residential development.

DIAMETER AT BREAST HEIGHT

Tree trunk diameter measured in inches at a height of 4.5 feet above the ground.

DISTRICT, ZONING

A portion of the territory of the City of Millville within which certain regulations and requirements or various combinations thereof apply pursuant to the provisions of this chapter.

DISTURBED LAND

Land on which clearing has occurred, excavation has occurred or upon which overburden has been deposited, or both.

DIVIDED STREET

A street having an island or other barrier separating opposing moving lanes.

DIVISION

The Division of State and Regional Planning in the New Jersey Department of Community Affairs.

DRAINAGE

The removal of surface water or groundwater from land by drains, grading, or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological function as well as for drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding.

DRAINAGE FACILITY

Any component of the drainage system.

DRAINAGE RIGHT-OF-WAY

The land required for the installation and maintenance of stormwater facilities.

DRAINAGE SYSTEM

Natural and man-made components that contain, convey, absorb, store, treat, or dispose of surface water runoff or groundwater.

DRIPLINE

A vertical line extending from the outermost edge of the tree canopy or shrub branch to the ground.

DRIVEWAY

A defined paved or unpaved surface providing vehicular access to a street. A driveway is not a road, street, boulevard, highway, or parkway.

DRY PIT

An excavation in which the bottom conduits or rights-of-way are owned or controlled by third parties.

DWELLING, DETACHED

A building physically detached from other buildings or portions of buildings which is occupied or intended to be occupied for residential purposes by one housekeeping unit and which has its own cooking, sleeping, sanitary, and general living facilities.

DWELLING, DUPLEX/TWO-FAMILY DETACHED

A building containing two dwelling units, one living above the other, having a common partition between them and having no party wall in common with an adjoining building, and intended for residential occupancy by two families each living independently of each other and each with its own separate sleeping, cooking and sanitary facilities.

DWELLING/DWELLING UNIT

A room or series of connected rooms containing living, cooking, sleeping and sanitary facilities for one housekeeping unit. The dwelling unit shall be self-contained and shall not require the use of outside stairs, common hallways, passing through another dwelling unit, or other indirect route(s) to get to any portion of the dwelling unit nor shall there be shared facilities with another dwelling unit. Attic and/or basement shall not be considered as part of a dwelling unit or units. The minimum permitted area of a dwelling unit is 900 square feet.

DWELLING, MULTIFAMILY

A building containing three or more dwelling units and occupied or designed for occupancy by three or more families living independently of each other with their own cooking, sanitary and sleeping facilities.

DWELLING, ROW HOUSE

See "dwelling, townhouse."

DWELLING, SEMIDETACHED/HALF-DOUBLE

A two-family dwelling with one dwelling unit attached and located beside the other and separated therefrom by a party or common wall, whether or not that wall is a fire wall.

DWELLING, SINGLE-FAMILY

A building containing one dwelling unit only and occupied or intended to be occupied exclusively for residential purposes by one family or one housekeeping unit. A single-family dwelling unit shall contain a minimum of 1,000 square feet.

DWELLING, TOWNHOUSE

One single-family, multistory dwelling unit in a line of three or more connected dwellings units, with two vertical party walls shared with adjacent dwelling units, or one party wall if at the end of a group of dwelling units, provided with on-site vehicular access and parking or designed as part of a residential cluster with shared access and parking. Each townhouse shall have a front and rear entrance on the ground floor.

DWELLING, TWO-FAMILY

A building containing two dwelling units only and intended for residential occupancy by two families each living independently of each other and each with its own separate.

EARTH EXTRACTION

The removal of sand, topsoil, gravel, fill dirt or mineral or clay products for sale or use at another site but not including agricultural operations or the process of grading a lot preparatory to the construction of a structure for which application for building permit has been made.

EASEMENT

A right to use the land of another for a specific purpose.

EDGE DEFINITION

As it pertains to streets, a way of identifying the traveled way from the non-traveled way, such as by the use of railings, bollards, wheel slops, or edge plantings.

EFFICIENCY UNIT

A dwelling unit in an apartment house consisting of one room with additional bath and cooking facilities separated from such room by a permanent wall and folding or sliding doors respectively.

ELECTRIC VEHICLE

Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.

ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT (EVSE)

The equipment, including the cables, cords, conductors, connections, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, and point-of-sale equipment and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle; EVSE may deliver either alternating current or, consistent with fast-charging equipment standards, direct-current electricity. EVSE is synonymous with electric vehicle charging station.

ENGINEER

Any engineer licensed to practice within the State of New Jersey.

ENLARGEMENT

An addition to the floor area of an existing building, an increase in the size of any other existing structure or an increase in that portion of a tract of land occupied by an existing use.

ENVIRONMENTAL COMMISSION

A municipal advisory body created pursuant to N.J.S.A. 40:56A-1 et seq.

EROSION

The detachment and movement of soil or rock fragments by water, wind, ice and gravity.

ESSENTIAL SERVICE

Structure and physical improvements, whether publicly or privately owned, necessary to permit the orderly development of an area, including such facilities as streets; water, sewerage facilities; gas, telephone or electric lines; supporting structures such as manholes and catch basins; pumping stations; solid waste collection stations; transformer and/or "step-up" stations; and utility poles or towers, but not including generating or storage plants, processing plants or stations, maintenance yards, administrative headquarters facilities or housing or quarters for installation, repair or trouble crews; or the storage of equipment relevant thereto.

EXAMINATION ROOM

Any room wherein special equipment may be installed for use in the examination or treatment of a patient as distinguished from a waiting room, counseling room or offices of such practitioner.

EXCAVATIONS or WORKINGS

Shafts, tunnels, entries, winzes, slopes, open cut and any working places and parts of a mine, either aboveground or underground, excavated or being excavated, whether abandoned or in use.

FACE or BANK

The sides from the bottom or floor of a pit or quarry to the surface surrounding the pit. Where one or more benches or levels are used in a pit, each bench or level has a separate face.

FAMILY DAY CARE HOME

The private residence of a family day care provider which is registered as a family day care home pursuant to the "Family Day Care Provider Registration Act," P.L. 1987, c. 27 (N.J.S.A. 30:5B-16 et seq.).

FARM

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

FIRST AID, RESCUE AND AMBULANCE SQUAD

ACCESSORY USESBuildings incidental to farms such as: tenant houses and greenhouses; buildings for housing seasonal workers for the farm's own use; barns, packing, grading and storage buildings; buildings for keeping of poultry permitted livestock; and garages for the keeping of equipment and trucks used in farm operations.

FARM BUILDING

Any structure (barns, sheds, silos, cribs, greenhouses, etc.) located on a farm and used for housing of agricultural equipment, produce, livestock or poultry or for incidental or customary processing of farm products, provided that such building is used in conjunction with active farm operations. The term "farm building" shall not include dwelling.

FARM STAND

A structure for the display and sale of farm products primarily grown on the property upon which the stand is located.

FARMSTEAD

An ancillary use to an agricultural use consisting at a minimum of a single-family detached dwelling occupied by at least one person employed in the operation of the agricultural use on the premises.

FAST-FOOD RESTAURANTS

Public eating places where prepared food and beverages are available for on- and off-premises consumption upon a short waiting period, and orders are placed by the customer at the counter and primarily served in or on disposable wrappers, containers or plates, and where waiter service is not available.

FENCE or WALL

An artificially constructed barrier of wood, masonry, stone, wire, metal, or any other manufactured material or combination of materials.

FINAL APPROVAL

The official action of the Planning Board taken on preliminary approved major subdivisions 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.

FIRE LANES

Any right-of-way on private property to permit access by emergency vehicles. Fire lanes shall be kept open and clear of all vehicles or other objects.

Any first aid, emergency and rescue, or ambulance squad association incorporated as a not-for-profit corporation and which has been certified by the Internal Revenue Service of the United States Government as a tax exempt organization pursuant to Section 501(c)(3) of the Internal Revenue Code and which provides public first aid, emergency and rescue services, ambulance services, mobility assistance vehicle service, and other nonemergency ambulance and medical transport services for bed-confined or wheelchair-bound patients and possessing the necessary licenses and certifications to engage in such services.

FIRST AID, RESCUE AND AMBULANCE SQUAD FACILITIES

Facilities designed to house a first aid, rescue and ambulance squad, including but not limited to business offices, communication and dispatch services, training facilities, facilities for the storage and maintenance of equipment, including ambulances, medical transport vehicles and other vehicles used in the operation of the first aid, rescue and ambulance squad, recreation areas, food preparation areas, laundry facilities, dining area and other similar facilities for use by employees awaiting emergency calls to service.

FLAG LOT

A large lot not meeting minimum frontage requirements along a public roadway, where access to the public roadway is limited to a narrow strip of land containing a private right-of-way or driveway.

FLOOD HAZARD AREA

The floodway and additional portions of the floodplain that are subject to flood flow at lesser depths and lower velocities than the floodway and that are inundated by the (flood hazard) area design flood.

FLOODWAY

The channel and portions of the adjacent floodplain that carry the greater part of flood flow at greater depths and velocities than do the other parts of the floodplain; that constitute the minimum area required or the passage of flood flows without aggravating flood conditions upstream and downstream; and that are necessary to preserve the natural regimen of the stream for the reasonable passage of the (floodway) design flood.

FLOOR AREA, GROSS

The sum of the gross horizontal areas of the several floors of the principal commercial structure in a lot, excluding basement space unless designed for customary visits by the commercial clientele, but including the areas of permanent roofed porches or terraces. All dimensions shall be measured between exterior wall faces.

FLOOR AREA, HABITABLE

An area fully enclosed by the inside surfaces of walls, windows, doors, partitions and having a headroom of at least six feet six inches, including living, eating, cooking, sleeping, storage, circulation, service, utility and other related household spaces, but excluding garages, carports, porches, unheated sheds and basement. Attics or portions thereof may be considered habitable floor area, provided that they are fully finished and meet proper height requirements.

FORESTRY

The growing and harvesting of trees for commercial purposes, except the removal of trees located on a parcel of land one acre or less in size on which a dwelling has been constructed; directly associated with the use of the property for a nursery, garden center, Christmas tree plantation, or orchard; directly associated with the use of the property for a landfill authorized pursuant to the provisions of this chapter; necessary for the maintenance of a public right-of-way; for the personal use by the property owner; or necessary to ensure public safety shall not be considered forestry.

GARAGE, PRIVATE

A building or portion thereof used as an accessory to a main building on a lot designed or used primarily to provide for the storage of not more than three motor vehicles and in which no occupation, business or service for profit is undertaken.

GARAGE, REPAIR

A building used for the off-street storage of motor vehicles, the provision of incidental gasoline or fuel service, the sale of accessories and the repair of motor vehicles, excluding body work.

GASOLINE SERVICE STATION

An area of land, including any structures thereon, used primarily for the retail sale and direct delivery of motor vehicles or motor fuels and lubricants, as well as such incidental services as the lubrication and hand washing of motor vehicles and the sale, installation and minor repair of automobile accessories such as tires and batteries.

GENERAL DEVELOPMENT PLAN (GDP)

A Comprehensive plan for the development of a planned development as provided in.

GLARE

Illumination from a source of light producing a reading of 50 or more on a standard Weston photographic light meter, or its equivalent, at a distance of three feet, visible from the public right-of-way, or a reading of 0.8 or more is found when such a meter or its equivalent is held anywhere on a residential property line.

GOLF COURSE

A tract of land laid out for at least nine holes for playing the game of golf and improved with tees, greens, fairways, and hazards. It also may include a clubhouse.

GOVERNING BODY

The City Commission of the City of Millville, in the County of Cumberland, State of New Jersey.

GOVERNMENT BUILDINGS AND OFFICES

A building or group of buildings utilized for conducting the affairs of local, state, or federal divisions of government or like activity, and may include ancillary services for office workers such as restaurants, newsstands, or child-care facilities.

GRADE

The inclination of a sloping surface, usually expressed in percentage terms.

A reference plane consisting of the average finished ground level adjacent to a structure, building, or facility at all visible exterior walls.

GRADED AREA

As it pertains to streets, land adjacent and parallel to the cartway within the right-of-way, which must be flattened or leveled to the same width and cross-slope as a sidewalk, if a sidewalk had been required at that location.

GROSS FLOOR AREA

Gross floor area shall be measured by using the outside dimensions of the building, excluding the area of an attached garage, open porch or patio and further excluding the area used as a basement. Only those floor areas which have a ceiling height of seven feet or more shall be eligible for inclusion in the gross floor area. The gross floor area of an apartment dwelling unit shall be measured from the center of interior walls and the outside of exterior walls and shall include closets, bathrooms and hallways within the dwelling unit in addition to the area of all other rooms within the dwelling unit.

GROUNDWATER REMEDIAL ACTION

The removal or abatement of pollutants in groundwater, including dewatering activities performed in connection with the removal or replacement of underground storage tanks as defined in Section 2 of P.L. 1986, c. 102 (N.J.S.A. 58:10A-22), except that underground storage tanks subject to groundwater remedial action shall include:

Farm underground storage tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes;

Underground storage tanks used to store heating oil for on-site consumption in a nonresidential building with a capacity of 2,000 gallons or less; and

HOUSING, SHORT-TERM RENTAL

Underground storage tanks used to store heating oil for on-site consumption in a residential building.

GROUP HOME

A dwelling shared by four or more handicapped persons including resident, staff, who live together as a single housekeeping unit and in a long-term, family-like environment in which staff persons provide care, education, and community activities for the residents with the goal of enabling the resident to live as independently as possible.

GUTTER

A shallow channel, usually set along a curb or the pavement edge of a road, for purposes of catching and carrying off runoff water.

HABITABLE ROOM AREA

The floor area within a residential structure to be used for habitation excluding cellars, attics, utility (heating and cooling) rooms and garages and open porches and, in apartment houses, excluding common hallways.

HEDGE

A clustering or configuration of plant material, which permanently or temporarily prohibits or inhibits unrestricted travel between properties or between the street or public right-of-way and the property.

HEIGHT

The vertical distance measured to the highest point of a structure or building from the average elevation of the finished grade five feet from the foundation.

HISTORIC SITE

Any real property, man-made structure, natural object or configuration or any portion or group of the foregoing of historical, archaeological, cultural, scenic or architectural significance.

HOME ANIMAL AGRICULTURE

The activity of producing, principally for home use or consumption, plants, animals or their products by man, including in a primary service the growing, harvesting, storage, preparation for use and where any sales are incidental, when conducted and performed within the recommendations of the New Jersey Agricultural Experiment Station or equivalent research institution.

HOME OCCUPATION

An occupation for gain or support conducted only by members of a family owning and residing in a one-family dwelling unit plus not more than one person not a resident of the dwelling unit provided that the resident-owner of the dwelling unit is an on-site operator of the occupation; that the residential character of the building is not changed; that the occupation is conducted entirely within the dwelling in either the first floor or the basement, but not both; that not more than the equivalent of 50% of the first floor area of the dwelling unit is used for the occupational or related use; that no sounds are audible outside the building; that no display is visible from outside the building; that no article is sold or offered for sale on the premises; that adequate off-street parking is provided and provided further that no machinery or equipment is used, which will cause electrical or other interference with radio and television reception in neighboring residences.

HOMEOWNERS' ASSOCIATION

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

HOTEL

A building which: a) contains guest rooms, each having its only access from a central interior corridor which are designed or intended to be used, let, or hired out for compensation; b) contains a public lobby serving the guest rooms; c) may contain one or more dining rooms; and d) has full-time on-site management.

HOUSE, ROOMING OR GUEST

A single-family dwelling wherein furnished rooms without cooking facilities are rented for valuable consideration to one or more individuals unrelated by blood or marriage to the owner or operator of the house.

The rental of single-family or individual multifamily dwellings or rooms therein for overnight or vacation or lodging. Short-term rentals are not permitted in any zoning district in the City of Millville. Hotels, motels, bed-and-breakfasts and existing boarding and rooming houses are excluded.

IMPERVIOUS SURFACE

A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.

IMPOUNDMENT

A body of water, such as a pond, confined by a dam, dike, floodgate, or other barrier.

IMPROVED PUBLIC STREET

For subdivision purposes or site plan, any street which complies in width and construction with municipal standards.

IMPROVEMENT

Any constructed element which becomes part of, is placed upon, or is affixed to real estate.

INDEPENDENT LIVING FACILITY

A residential development including accessory buildings and required or permitted social, cultural, medical and recreational facilities limited to certain age groups conforming to 24 CFR Part 100, Subpart E, Housing for Older Persons, of the federal Fair Housing Amendments Act of 1988, as it may be amended or superseded.

INDUSTRIAL PARK

A tract identified as and comprehensively planned for industrial uses whether or not the buildings are erected in one development stage or over a period of time.

INHERENTLY BENEFICIAL USE

A use which is universally considered of value to the community because it fundamentally serves the public good and promotes the general welfare. Such a use includes, but is not limited to, a hospital, school, child-care center, group home, or wind, solar or photovoltaic energy facility or structure.

INJUNCTIVE RELIEF

A restraining order issued by a court of equity, forbidding a person to do a particular act.

INSTITUTIONAL USE

Any land used for the following public or private purposes: educational facilities, including universities, colleges, elementary, secondary, and vocational schools, kindergartens and nurseries or day-care centers; cultural facilities such as libraries, galleries, museums, concert halls, theaters (for live productions), and the like; hospitals, including such educational, clinical, research and convalescent facilities as are integral to the operation of the hospital; medical and health services facilities, including nursing homes, supervised residential institutions, rehabilitation therapy centers and public health facilities; law enforcement facilities; military facilities; churches; cemeteries; and other similar facilities.

INSTITUTIONAL USE

Public and public/private use of a nonprofit nature typically engaged in public service. Examples of institutional uses include a religious building, library, public or private school, hospital, cultural center, charitable organization, or government-owned or operated building, structure, or land used for public purpose.

INTENSITY OF DEVELOPMENT

The classification of development based on the number of dwelling units per gross acre of land served by a particular street, excluding the acreage of dedicated common open space or other areas restricted from future development.

INTERESTED PARTY

In the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire, or enjoy property is or may be affected by any action taken under this chapter, or whose rights to use, acquire, or enjoy property under this chapter, or under any other law of this state or of the United States have been denied, violated or infringed by an action or a failure to act under N.J.S.A. 40:55D-1 et seq.

ISLAND

In street design, a raised area, usually curbed, placed to guide traffic and separate lanes, or used for landscaping, signing, or lighting.

JUNKYARD

Any area of land with or without buildings, regardless of size, devoted to the storage, keeping or abandonment of junk or debris, including by way of illustration but not of limitation: abandoned automobile tires, automobile parts, paper, rags, metal, glass, or plastic containers, old household appliances, wood, lumber, brush and any stumps or other debris of any material whatsoever.

KENNEL

Any premises on which more than four dogs over the age of six months are kept whether or not engaged in commercial activity.

LAND

Real property including improvements and fixtures on, above, or below the surface.

LANDFILL

Sites, including open dumps, where solid wastes, liquid and dry sewage sludge, and liquid and dry chemical waste are disposed of by land application or soil covering. For the purposes of this chapter, solid waste transfer stations shall not be considered landfills.

LANDOWNER

Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity having legal title to the land. The holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land, may file an application as the landowner for the purposes of this chapter.

LANDSCAPING

The installation of plant material or seed as part of development.

LICENSE

As related to cannabis, a license issued under N.J.S.A. 24:6I-1 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 Retailer license, or a Class 6 Cannabis Delivery license.

LIMITS OF CLEARING

The boundaries of that area of land to be cleared of trees and other vegetation in conjunction with a proposed development or land use.

LOADING SPACE

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

LOCAL UTILITY

Any sewerage authority created pursuant to the Sewerage Authorities Law (N.J.S.A. 40:14A-1 et seq.); any utilities authority created pursuant to the Municipal And County Utilities Authorities Law (N.J.S.A. 40:14B-1 et seq.); or any utility, authority, commission, special district or other corporate entity not regulated by the Board of Regulatory Commissioners under Title 48 of the Revised Statutes that provides gas, electricity, heat, power, water or sewer service to a municipality or the residents thereof.

LOT

A designated parcel, tract or area of land established by a plat or otherwise, as permitted by law, to be used, developed or built upon as a unit.

LOT AREA

The area contained within the lot lines of a lot but shall not include any portion of a street.

LOT DEPTH

The horizontal distance between the front and rear lot lines, measured from the midpoint of the front lot line to the midpoint of the rear lot line.

LOT FRONTAGE

The distance between the side lot lines measured along the street line. In the case of a street of undefined width, said distance shall be determined by measuring along a line located 25 feet from the center line of the street. On lots having a curved frontage, the minimum distance between side lot lines measured at the street line shall not be less than 75% of the required minimum lot frontage as set forth in the Schedule of District Regulations[6] for the zoning district in which the lot is located. In the case of corner lots, the smaller of the two lot lines coexistent with the street lines shall be considered as the frontage.

LOT LINE

Any line forming a portion of the exterior boundary of a lot.

LOT WIDTH

The horizontal distance between the side lot lines measured along the front setback line.

LOT, CORNER

A parcel of land at the junction of and fronting on two or more intersecting streets.

LOT, INTERIOR

A lot other than a corner lot.

LOW-INCOME HOUSEHOLD

A household earning between 0% and 50% of the median income established and adjusted annually for the geographic area in which the City is located by the United States Department of Housing and Urban Development.

LOW-INCOME HOUSING

Housing which, with appropriate purchase or rental subsidy, is constructed and kept available for families or individuals including senior citizens where incomes do not exceed low income levels as defined and adjusted for household size from time to time, for the geographic area in which the City is located, by the United States Department of Housing and Urban Development.

MAINTENANCE GUARANTEE

Any security which may be accepted by a municipality for the maintenance of any improvements required by the Municipal Land Use Law, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.

MAJOR COLLECTOR

The highest order of residential street (see "street hierarchy"). Conducts and distributes traffic between lower-order residential streets and higher-order streets (arterials and expressways).

MAJOR DEVELOPMENT

Any development that provides for ultimately disturbing one or more acres of land. Disturbance for the purpose of this chapter is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation.

MAJOR SITE PLAN

Any site plan not classified as a minor site plan.

MAJOR SUBDIVISION

Any subdivision not classified as a minor subdivision.

MAKE-READY SPACE

The prewiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, Level 2 EVSE and direct-current fast chargers. "Make ready" includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a "plug and play" basis. "Make-ready" is synonymous with the term "charger ready" as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et seq.).

MANUFACTURED HOME

A unit of housing which: 1) consists of one or more transportable sections which are substantially constructed off site and, if more than one section, are joined together on site; 2) is built on a permanent chassis; 3) is designed to be used, when connected to utilities, as a dwelling on a permanent or nonpermanent foundation; and 4) is manufactured in accordance with the standards promulgated for a manufactured home by the secretary pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, Public Law 93-383 (42 U.S.C. § 5401 et seq.), and the standards promulgated for a manufactured or mobile home by the commissioner pursuant to the State Uniform Construction Code Act, P.L. 1975 c. 217 (N.J.S.A. 52-27D-119 et seq.

MARGINAL ACCESS STREET

A service street that runs parallel to a higher-order street which provides access to abutting properties and separation from through traffic. It may be designed as a residential access street or minor collector as anticipated daily traffic dictates.

MASTER PLAN

A composite of one or more written or graphic proposals for the development of the municipality as set forth and adopted pursuant to N.J.S.A. 40:55D-28.

MAY

Indicates a permissive action.

MAYOR

The Mayor or the City of Millville.

MEDIAN

That portion of a divided highway separating the traveled ways of traffic proceeding in opposite directions.

MEDICAL CANNABIS

Cannabis dispensed to registered qualifying patients pursuant to N.J.S.A. 24:6I-1 et seq. and N.J.S.A. 18A:40-12.22 et seq. Medical cannabis does not include any adult use cannabis or cannabis item that is cultivated, produced, processed, and consumed.

MEDICAL CANNABIS ALTERNATIVE TREATMENT CENTER or ALTERNATIVE TREATMENT CENTER

An organization issued a permit, including a conditional permit, by the Cannabis Regulatory Commission to operate as a medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary, or clinical registrant.

MEDICAL CANNABIS CLINICAL REGISTRANT

An entity that has a written contractual relationship with an academic medical center in the region in which it has its principal place of business, which includes provisions whereby the parties will engage in clinical research related to the use of medical cannabis and the academic medical center or its affiliate will provide advice to the entity regarding patient health and safety, medical applications, and dispensing and managing controlled dangerous substances, among other areas.

MEDICAL CANNABIS CULTIVATOR

An organization holding a permit issued by the Cannabis Regulatory Commission that authorizes the organization to: possess and cultivate cannabis and deliver, transfer, transport, distribute, supply, and sell medical cannabis and related supplies to other medical cannabis cultivators and to medical cannabis manufacturers, clinical registrants, and medical cannabis dispensaries, as well as to plant, cultivate, grow, and harvest medical cannabis for research purposes. A medical cannabis cultivator permit shall not authorize the permit holder to manufacture, produce, or otherwise create medical cannabis products, or to deliver, transfer, transport, distribute, supply, sell or dispense medical cannabis, medical cannabis products, paraphernalia, or related supplies to qualifying patients, designated caregivers, or institutional caregivers.

MEDICAL CANNABIS DISPENSARY

An organization issued a permit by the commission that authorizes the organization to: purchase or obtain medical cannabis and related supplies from medical cannabis cultivators; purchase or obtain medical cannabis products and purchase or obtain medical cannabis related supplies from medical cannabis manufacturers; purchase or obtain medical cannabis, medical cannabis products, and related supplies and paraphernalia from other medical cannabis dispensaries and from clinical registrants; deliver, transfer, transport, distribute, supply, and sell medical cannabis and medical cannabis products to other medical cannabis dispensaries; furnish medical cannabis, including medical cannabis products, to a medical cannabis handler for delivery to a registered qualifying patient, designated caregiver, or institutional caregiver consistent with N.J.S.A. 24:6I-20(27)(i); and possess, display, deliver, transfer, transport, distribute, supply, sell, and dispense medical cannabis, medical cannabis products, paraphernalia, and related supplies to qualifying patients, designated caregivers, and institutional caregivers; a medical cannabis dispensary permit shall not authorize the permit holder to cultivate medical cannabis, to produce, manufacture, or otherwise create medical cannabis products.

MEDICAL CANNABIS MANUFACTURER

An organization issued a permit by the Cannabis Regulatory Commission that authorizes the organization to: purchase or obtain medical cannabis and related supplies from a medical cannabis cultivator or a clinical registrant; purchase or obtain medical cannabis products from another medical cannabis manufacturer or a clinical registrant; produce, manufacture, or otherwise create medical cannabis products; and possess, deliver, transfer, transport, distribute, supply, and sell medical cannabis products and related supplies to other medical cannabis manufacturers and to medical cannabis dispensaries and clinical registrants. A medical cannabis manufacturer permit shall not authorize the permit holder to cultivate medical cannabis or to deliver, transfer, transport, distribute, supply, sell, or dispense medical cannabis, medical cannabis products, paraphernalia, or related supplies to registered qualifying patients, designated caregivers, or institutional caregivers.

METEOROLOGICAL TOWER or MET TOWER

A structure designed to support the gathering of wind energy resource data, and includes the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.

MIGRANT LABOR HOUSING

See "agricultural employee housing."

MINE

Any mines within the City, whether on the surface or underground and any mining plant, material equipment or explosives on the surface or underground which may contribute to the mining or handling of ore or other metalliferous or nonmetalliferous products. The term "mine" shall also include quarry, sand pit, gravel pit, clay pit and shale pit.

MINING OPERATIONS

Earth extraction, excavations, workings, production, processing, stockpiling, loading and all other functions and accessory uses necessary and related to the proper operation of a mine.

MINOR COLLECTOR

Middle order of residential street (see "street hierarchy"). Provides frontage for access to lots, and carries traffic to and from adjoining residential access streets.

MINOR SITE PLAN

A development plan of one or more lots which:

Proposes new development within the scope of development specifically permitted by § 30-45 of this chapter as a minor site plan;

Does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42; and

Contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval of a minor site plan have been met.

MINOR STREET

Rights-of-way which are used primarily for access to abutting properties "Minor streets" include marginal access streets and cul-de-sac.

MINOR SUBDIVISION

A subdivision of land that does not involve:

The creation of more than five lots, sites or other divisions of land including a single reserved parcel, for the purpose, whether immediate or future, of sale or building development;

A planned development;

Any new street; or

The extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.

MIXED USE

Two or more different uses, one of which is residential.

MLUL

The Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

MOBILE HOME PARK

A parcel of land, or two or more parcels of land, containing no fewer than 10 sites equipped for the installation of manufactured homes, where these sites are under common ownership and control for the purpose of leasing each site to the owner of a manufactured home for the installation thereof, and where the owner or owners provide services, which are provided by the municipality in which the park is located for property owners outside the park, which services may include but shall not be limited to: 1) the construction and maintenance of streets; 2) lighting of streets and other common areas; 3) garbage removal; 4) snow removal; and 5) provisions for the drainage of surface water from home sites and common areas.

MOBILITY ASSISTANCE VEHICLE SERVICE

A parcel, or any contiguous parcels, of land which contain, on the effective date of this act (Municipal Land Use Law[7]), no fewer than three sites equipped for the installation of manufactured homes, and which otherwise conform to the provisions MLUL 40:55D-100 to 40:55D-106, shall qualify as a mobile home park for the purposes of the MLUL.

The provision of nonemergency health care transportation by certified trained personnel for the sick, infirm or otherwise disabled persons who are under the care and supervision of a physician and whose medical condition is not of sufficient gravity to require transportation by ambulance, but does require transportation from place to place for medical care, and whose use of an alternate form of transportation such as an automobile, bus or taxicab might create a serious risk to health or life.

MODERATE-INCOME HOUSEHOLD

A household earning between 50% and 80% of the median income established and adjusted annually for the geographic area in which the City is located by the United States Department of Housing and Urban Development.

MODERATE-INCOME HOUSING

Housing which, with appropriate purchase or rental subsidy, is constructed and kept available for families or individuals including senior citizens where incomes do not exceed moderate income levels as defined and adjusted from time to time, for the geographic area in which the City is located by the United States Department of Housing and Urban Development.

MONOPOLE

A type of freestanding tower with a single shaft of wood, steel, concrete or other substance and a platform or racks for antennas arrayed on top or attached thereto.

MOTEL

A building or group of buildings which: a) provides for transient guest rooms with outside entrances; b) has a public lobby; and c) may contain one or more dining rooms.

MOTEL UNIT

A combination sleeping room and private, enclosed full sanitary and bathing facilities which is rented to transients as temporary sleeping accommodations.

MOTORSPORTS ACADEMY

A preparatory boarding school designed to provide specialized instruction in motorsports activities, such as automobile design, manufacturing, and engineering, with a full curriculum that will lead to a high school diploma consistent with the graduation requirements of the New Jersey Department of Education.

MOVING LANE

Any traffic lane where traffic movement is the primary, if not sole, function.

MULCH

A layer or wood chips, dry leaves, straw, hay, plastic, or other materials placed on the surface of the soil around plants to retain moisture, prevent weeds from growing, hold the soil in place, and aid plant growth.

MULTIFAMILY DEVELOPMENT

A development other than one- or two-family detached dwellings where the dwellings are arranged so that there are more than two units attached, regardless of the presence of lot lines.

MUNICIPAL AGENCY

The Planning Board, Board of Adjustment, or City Commission of the City of Millville when acting pursuant to this chapter.

MUNICIPALITY

The City of Millville.

NATURAL STREAM

Any naturally eroded channel with visible evidence of banks and bed, as distinguished from a swale which shows no evidence of natural erosion except occasional gulleying, and from a ditch, which is an artificially excavated channel.

NAVIGABLE WATERS

Waters capable of being traversed by pleasure craft.

NONCONFORMING LOT

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

NONCONFORMING STRUCTURE

A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING USE

A use or activity which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONPERMANENT FOUNDATION

Any foundation consisting of nonmortared blocks, wheels, concrete slab, runners, or any combination thereof, or any other system approved by the commissioner for the installation and anchorage of a manufactured home on other than a permanent foundation.

NONSTRUCTURAL MANAGEMENT PRACTICES

Those controls of stormwater runoff and nonpoint source pollution that are not structural in nature, such as landscaping techniques, source controls, zoning, setbacks, buffers, or clustering.

NUISANCE

Any practice which annoys, disturbs or interferes with one in the possession and enjoyment of his property, rendering its reasonable use or occupation physically uncomfortable, e.g., excessive noise, noxious odors, electronic radiations, vibrations, smoke discharge, glare, improper drainage, etc.

NURSING HOME

A structure designed and used for the housing and care of persons afflicted by illness or infirmity, before or following hospitalization, especially the care of elderly, infirm or handicapped persons in which surgical facilities are not provided, but where examination and treatment rooms including x-ray facilities may be provided.

OFF-SITE CONSTRUCTION OF A MANUFACTURED HOME OR SECTION THEREOF

The construction of that home or section at a location other than the location at which the home is to be installed.

OFF-SITE

An area located outside the lot lines of the lot in question but within the property, of which the lot is a part, which is the subject of a development application or the closest half of the street or right-of-way abutting the property of which the lot is a part.

OFF-STREET PARKING SPACE

A storage area for a motor vehicle that is directly accessible to an access aisle and that is not located within a dedicated street right-of-way.

OFF-TRACT

An area not located on the property which is the subject of a development application, nor on the closest half of the abutting street or right-of-way.

OFF-TRACT IMPROVEMENT

Improvements made outside the original tract to accommodate conditions generated inside the original tract that are transferred off site as a result of the proposed development.

OFFICIAL MAP

A map adopted by ordinance pursuant to Article 5, N.J.S.A. 40:55D-32 through 40:55D-36.

ON-SITE JOINING OF SECTIONS OF A MANUFACTURED HOME

The joining of those sections at the location at which the home is to be installed.

ON-STREET PARKING SPACE

A storage area for a motor vehicle that is located within a dedicated street right-of-way.

ON-SITE

Any area located on the lot in question and excluding any abutting street right-of-way.

ON-TRACT

An area located on the property which is the subject of a development application or on the closest half of an abutting street or right-of-way.

ONE-BEDROOM APARTMENT

A dwelling unit in an apartment containing not more than one room designed, intended and devoted to sleeping purposes.

OPEN SPACE

Any parcel or area of land or water essentially unimproved and set aside, dedicated, designed or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land or support its use for recreation and conservation purposes.

OPERATOR

Individual, partnership, firm, association, trust or corporation responsible for the general operation, management and condition of the facility located at the mining site in question, for which a permit is applied for or granted for any activity covered by this chapter.

ORDINARY HIGH-WATER MARK

The line between upland and bottomland, which persists through successive changes in water level below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland and is apparent in the soil itself, the configuration of the surface of the soil and the vegetation. Within areas of tidal influence, the ordinary high-water mark may be interpreted as being the mean high-water line as designated by the NJDEP.

OUTDOOR STORAGE AREA

The keeping of business property or any materials ancillary to an approved use for a period of greater than 24 hours, including items for sale, lease, processing and repair, in an open area adjacent to the principal use. Outdoor storage does not include tractor trailers, sheds or any other type of enclosure that must be approved during site plan review.

OVAL TRACK

A paved track approximately 3/4 mile in length, utilized for racing, testing motor vehicle design and components, educational and training activities and public racing events.

OVERBURDEN

Soil material of any nature (including topsoil), consolidated or unconsolidated that over lies a mineral deposit of useful materials or ores that are to be mined.

OWNER

The person, corporation or other entity with fee title or long-term (exceeding 10 years) leasehold to any parcel of land within the City who desires to develop, or construct, build, modify or erect a tower upon such parcel of land.

PARCEL

Any quantity of land capable of being described with such definity that its location and boundaries may be established and which is designed by its owner as land to be used as a unit.

PARK

An open space, available for recreation, its landscape consisting of paved paths and trails, some open lawn, trees, plantings, site furnishings, open shelters, or active recreational facilities.

PARKING LANE

A lane usually set on the sides of streets, designed to provide on-street parking.

PARKING LOT

A ground-level, generally open area that provides storage for motor vehicles that may provide access to dwelling units and which has aisles that carry traffic with destination or origin in the lot itself.

PARKING SPACE

An area, the width and length meeting requirements of this chapter, depending on access aisle widths, either within a structure or in the open, exclusive of driveways or access drives, for the parking of a motor vehicle except that nothing shall prohibit private driveways for one- and two-family dwellings from being considered off-street parking areas provided that no portion of such driveway within the right-of-way line of the street intersected by such driveway shall be considered off-street parking space. A parking space is intended to be of sufficient area to accommodate the exterior extremities of the vehicle, whether in addition thereto wheel blocks are installed within this area to prevent the bumper from overhanging one end of the parking space. A parking space shall be a minimum of 10 feet wide and 20 feet in depth, measured perpendicular to each other regardless of the angle of the parking space to the access aisle or driveway.

PARTY IMMEDIATELY CONCERNED

For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and governmental agencies entitled to notice under N.J.S.A. 40:55D-12.

PEDESTRIAN GENERATOR

A development which will realize high facility usage by persons arriving on foot.

PERFORMANCE GUARANTEE

Any security, which may be accepted by the City of Millville, including but not limited to surety bonds, letters of credit under the circumstances of N.J.S.A. 40:55D-53.5, and cash.

PERMANENT FOUNDATION

A system of support installed either partially or entirely below grade, which is: 1) capable of transferring all design loads imposed by or upon the structure into soil or bedrock without failure; 2) placed at an adequate depth below grade to prevent frost damage; and 3) constructed of material approved by the commissioner.

PERMIT

As related to cannabis, a permit issued under N.J.S.A. 24:6I-1 et seq. that is designated as either a medical cannabis alternative treatment center permit, a medical cannabis cultivator permit, a medical cannabis manufacturer permit, a medical cannabis dispensary permit, or a medical cannabis clinical registrant permit.

PERMIT AREA

The specific land proposed to be used for mining operations, including required buffers, reclamation areas and related plant facilities.

PERMITTED USE

Any use of the land or building as permitted by this chapter.

PERSON

Includes a natural person, association, company, corporation, firm, LLC, organization, partnership, trust or trust or other legal entity, private or public, whether for profit or not for profit.

PERVIOUS SURFACE

Any surface that permits a significant portion of surface water to be absorbed.

PIT or QUARRY

Includes any excavation, pit, bank or open cut working for the extraction of stone, rock, gravel, sand or any other mineral and shall embrace any and all parts of the property of such quarry or open pit mine that contribute directly or indirectly to the extraction of such mineral.

PLACES OF WORSHIP

A church, synagogue, temple, mosque, or other facility that is used for prayer by persons of similar beliefs; a special-purpose building that is architecturally designed and particularly adapted for the primary use of conducting formal religious services on a regular basis.

PLAN

See "plat."

PLANNED ADULT COMMUNITY

An area of land comprising a minimum of 150 acres located within a zoning district as authorized by this chapter to be planned, developed and maintained as a single entity containing age-restricted homes serving the needs for independent living, congregate care or assisted living residences with common open space, recreational and service amenities as an appurtenance.

PLANNED COMMERCIAL DEVELOPMENT

An area of a minimum contiguous or noncontiguous size, as specified in this chapter, to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses or both and any residential and other uses incidental to the predominant use that may be permitted by this chapter.

PLANNED DEVELOPMENT or RESIDENTIAL CLUSTER

An area or a minimum contiguous acreage as specified in this chapter, to be developed according to a plan as a single entity, containing one or more structures with appurtenant common areas to accommodate residential, commercial or both uses and any other uses incidental to the predominant residential use as may be permitted by this chapter.

PLANNED INDUSTRIAL DEVELOPMENT

See "industrial park."

PLANNED UNIT DEVELOPMENT

An area with a specified minimum contiguous or noncontiguous acreage of 10 acres or more to be developed as a single entity according to a plan, containing one or more contiguous clusters or noncontiguous clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges and ratios of nonresidential uses to residential uses as specified in this chapter.

PLANNING BOARD

The Planning Board of the City of Millville, a Board established pursuant to the Municipal Land Use Law.[8]

PLAT

A map or maps of a subdivision or site plan.

PRELIMINARY APPROVAL

The conferral of certain rights pursuant to N.J.S.A. 40:55D-46, 40:55D-48 and 40:55D-49, prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.

PRELIMINARY FLOOR PLANS AND ELEVATIONS

Architectural drawings prepared during the early and introductory stages of the design of a project illustrating, in a schematic form, its scope, scale, and relationship to its site and immediate environs.

PREMISES or LICENSED PREMISES

As related to cannabis, the following areas of a location licensed under N.J.S.A. 24:6I-1 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 area outside the building that the Cannabis Regulatory Commission has specifically licensed for the production, manufacturing, wholesaling, distribution, 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.

PRESERVED OPEN SPACE AND PRESERVED FARMLAND

Land on which a development easement was conveyed to, or retained by, the State Agricultural Development Committee, a board, or a qualifying tax-exempt, nonprofit organization pursuant to the provisions of Section 24 of N.J.S.A. 4:1C-31, Section 5 of N.J.S.A. 4:1C-31.1, Section 1 of N.J.S.A. 4:1C-38, Section 1 of N.J.S.A. 4:1C-43.1, Sections 37 through 40 of N.J.S.A. 13:8C-37 through 13:8C-40, or any other state law enacted for farmland preservation purposes.

PRINCIPAL BASIN

A detention or retention basin whose function is controlling or managing the runoff from a particular area or property that is to be developed.

PRINCIPAL USE

The main purpose for which any lot and/or building is used.

PRIVATE EVSE

EVSE that has restricted access to specific users (e.g., single- and two-family homes, executive parking fleet parking with no access to the general public).

PROFESSIONAL OFFICE

The offices of a dentist, physician, attorney or clergyman. Where such offices are part of a structure where there is a residence or residences, the restrictions as defined under "home occupation" in § 30-4, Definitions, shall apply.

PROFESSIONAL OFFICES AND CENTERS

A group of buildings planned, constructed, and managed as a total entity containing a range of professional services and including accessory or supporting services and parking. A professional office or center can contain one building or separate buildings managed in an integrated and coordinated basis.

PROFESSIONAL OFFICES, BUILDINGS AND COMPLEXES

The office and offices of a physician, surgeon, dentist, psychologist, lawyer, engineer, architect, professional planner, licensed land surveyor, accountant or other state or federally recognized professional, or an office building or group of buildings housing such offices and related, incidental commercial uses thereto, with appurtenant common areas.

PROVIDER

A company, person or other entity which provides wireless services via a local communications facility.

PUBLIC AREAS

The use of land by the City Commission, school board, or some other officially created City agency or authority, and including:

Public parks, playgrounds, trails, paths and other recreational areas and facilities;

Other public open space;

Scenic and historic sites; and

PUBLIC DEVELOPMENT PROPOSAL

Sites for schools and other public buildings, structures and/or uses.

A Master Plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.

PUBLIC DRAINAGEWAY

The land reserved or dedicated for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the biological as well as drainage functions of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen nonpoint pollution.

PUBLIC OPEN SPACE

An open space area conveyed or otherwise dedicated to the City, a City agency, the City Board of Education, State of New Jersey or County of Cumberland or other public body for recreational and/or conservation purposes.

PUBLIC UTILITY

Any public utility regulated by the Board of Regulatory Commissioners and defined pursuant to N.J.S.A. 48:2-13.

PUBLICLY ACCESSIBLE EVSE

EVSE that is publicly available (e.g., park and ride, public parking lots and garages, on-street parking, shopping center parking, nonreserved parking in multifamily parking lots, etc.).

QUASI-PUBLIC USE

A nonprofit use serving the public or a significant portion thereof, not controlled directly by a government or government agency and financed in whole or in part by either public funds or public contributions. In addition, quasi-public facilities include those operated by nonprofit institutions or organizations which are operated by persons or groups of persons for public purposes but with only limited public control or accessibility.

QUORUM

A majority of the full authorized membership of a municipal agency.

RACEPLEX

A series of light industrial buildings to be utilized for office, storage, light manufacturing, or warehousing.

RACES OR MOTORSPORTS-RELATED EVENTS

An event which occurs over a period of four days or less and which appears on the annual schedule of events submitted by the developer/operator to the City Clerk.

RACETRACK

A measured course where motor vehicles are entered in competitions of speed or endurance against one another or against time.

RECLAMATION

The restoration of an area of land (to include filling, grading, topsoiling, revegetation, equipment removal, etc.) such that the land is made useful for some future use.

RECREATIONAL VEHICLES

Boats, campers, vans, motor homes, travel trailers and ski mobiles, but excluding mobile homes.

RECYCLING CENTER

A facility that is not a junkyard and in which recoverable resources such as paper products, glass, metal cans and other products are recycled, reprocessed, bundled, crushed, stored or otherwise treated, essentially by hand, to return such products to a condition in which they may again be used for production.

RECYCLING COLLECTION POINT

A collection point for temporary storage of recoverable resources located either in a container or small structure. No processing of such items is permitted at the collection point.

RECYCLING PLANT

A facility that is not a junkyard and in which recoverable resources, such as paper products, glass, metal cans, and other products are recycled, reprocessed, bundled, crushed, stored or otherwise treated to return such products to a condition in which they may be used for production.

REFORESTATION

The renewal of vegetative cover by seeding, planting or transplanting.

REGIONAL SHOPPING CENTERS

A group of commercial establishments planned, constructed, and managed as a total entity, containing a wide range of retail and service establishments, occupying at least 30 acres of land containing at least one or more anchor stores and drawing clientele from as much as an hour drive time. Customer and employee parking must be provided on site with goods delivery separated from customer access.

RENEWABLE-ENERGY FACILITY

A facility that engages in the production of electric energy from solar technologies, photovoltaic technologies, or other solar-based technology.

RESIDENCE HOTEL/MOTEL or EXTENDED-STAY HOTEL

Any hotel facility which offers more than 5% of its rental units for stays extending 30 consecutive days or more. A multi-dwelling unit extended-stay lodging facility consisting of efficiency units or suites with a complete kitchen suitable for long-term (30 days or more) occupancy. Meeting rooms, clubhouses and recreational facilities intended for the use of residents and their guests are permitted accessory uses.

RESIDENTIAL ACCESS STREET

The lowest order, other than rural street type, of residential street (see "street hierarchy"). Provides frontage for access to private lots and carries traffic having destination or origin on the street itself. Designed to carry traffic at slowest speed.

RESIDENTIAL CLUSTER

An area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.

RESIDENTIAL DENSITY

The number of dwelling units per gross acre of residential land area including streets, easements, and open space portions of a development.

RESIDENTIAL NEIGHBORHOOD STREET

A type of residential access street conforming to traditional subdivision street design, which provides access to building lots fronting on a street and provides parking on both sides of street (see "street hierarchy").

RESOURCE EXTRACTION

The dredging, digging, extraction, mining and quarrying of sand, gravel or minerals for commercial purposes, not including, however, the private and agricultural extraction and use of extracted material by the landowner.

REST HOME

A structure within which elderly, infirm, or ill persons may receive care in addition to meals and lodging for hire.

RESTAURANT

Any establishment, however designed, at which food is sold for consumption on the premises. However, a snack bar or refreshment stand at a public or community swimming pool, playground, playfield, park or beach area operated solely by the agency or group operating the recreational facilities and for the convenience of patrons of the facility shall not be deemed to be a restaurant. Restaurant does not include take-out or drive-in establishments which permit the consumption of food within motor vehicles.

RESTAURANT, DRIVE-IN OR DRIVE-THROUGH

A restaurant at which any food or refreshments are customarily served to or consumed by any patrons seated in automobiles or otherwise off the premises whether or not, in addition thereto, seats or other accommodations are provided for patrons.

RESTRAINING ORDER

An order which may be issued upon the filing of an application for an injunction, forbidding the defendant to do the threatened act until a hearing on the application can be held.

RESUBDIVISION

The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.

RETENTION BASIN

A stormwater management basin designed to retain some water on a permanent basis.

RIGHT-OF-WAY

A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, gas pipeline, water main, sanitary or storm sewer main, shade tree, or for another special use.

RIGHT-OF-WAY LINES

The boundary lines of land used or intended for use as streets and from which required setbacks or front yard and lot depths shall be measured. Where existing records are vague or show a lesser dimension, they shall be considered to be not less than 50 feet apart, or 25 feet from the street center line.

RIVERFRONT SETBACK LINE

The minimum required distance for a principal structure to be set back from the river's edge.

ROADSIDE STAND

Any accessory farm building or structure with requisite off-street parking and loading space, designed for seasonal sale of principally agricultural and/or horticultural products grown locally with at least 25% of its sales consisting of goods produced on the farm or tract on which the said stand is located. The intermittent sale of home-grown produce as an accessory use not involving a building or structure, not occupying more than 300 square feet and not creating any undue traffic hazards, shall not be deemed to constitute a roadside stand and shall not be subject to regulation by this chapter.

ROOMING HOUSES

A boardinghouse wherein no personal or financial services are provided to the residents.

ROTOR DIAMETER

The cross-sectional dimension of the circle swept by the rotating blades of a wind-powered energy generator.

RUNNERS

A system of support consisting of poured concrete strips running the length of the chassis of a manufactured home under the lengthwise walls of that home.

RURAL

As it pertains to streets, when density is one dwelling unit per acre or lower, a road primarily serving as access to abutting building lots, which has no on-street parking, and lot-to-street access is designed so vehicles do not back out of lots onto the street (see "street hierarchy").

RURAL INFILL HOUSING

Single-family detached dwellings newly constructed on scattered, individual sites, where there already exists a developed character created by existing dwellings and where additional lands are not reasonably available to create a parcel that meets farmland assessment criteria.

RURAL LANE

A street that serves dwellings on lots that are two acres or greater, primarily serves as access to abutting building lots, has no-street parking, and has lot-to-street access designed so that vehicles do not back out of lots onto the street (see "street hierarchy").

RURAL STREET

A street that serves dwellings on lots that are one acre or greater, primarily serves as access to abutting building lots, has no on-street parking, and has lot-to-street access designed so that vehicles do not back out of lots onto the street (see "street hierarchy").

SCHEDULES OF DISTRICT REGULATIONS

The Zoning Schedules of District Regulations made a part of this chapter by § 30-106 and Attachment 1.

SEASONAL HIGH WATER TABLE

The level below the natural ground surface to which water seasonally rises in the soil in most years.

SEASONAL RESORT COTTAGES

A building or buildings having one or more dwelling units, whether provided with cooking facilities or not, which are used only on a seasonal basis which covers the period from May 1 to September 30 of each year.

SECRETARY (as related to manufactured homes)

The Secretary of the United States Department of Housing and Urban Development.

SEDIMENTATION

The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.

SEPTIC TANK

A watertight receptacle which receives the discharge of sanitary sewage from a building sewer or part thereof, and is designed and constructed so as to permit settling of settleable solids from the liquid, partial digestion of the organic matter, and discharge of the liquid portion into a disposal field or seepage pit.

SERVICE STATION

See "garage, repair" and "gasoline service station."

SETBACK (as used in resource extractions)

The distance from the bottom of excavation in the case of a dry pit and the normal seasonal high water line in the case of a wet pit, to a referenced line (i.e., property line, zoning line, right-of-way line) when measured at right angles to the referenced line.

SETBACK LINE

See "building line."

SETBACK, FRONT

The distance required for the building line measured from the right-of-way of the street on which the lot fronts to the front line of a building or any projection thereof, excluding uncovered steps.

SETBACK, REAR

The distance required for the building line measured perpendicular from the rear property line and the closest point of the principal building.

SETBACK, SIDE YARD

The distance required for the building line measured perpendicular from the side property line and the closest point of the principal building.

SETBACKS

The required minimum horizontal distance between the property line and the nearest front, side, or rear line of the building including terraces or any covered projection thereof, excluding steps.

SHADE TREE COMMISSION

The Shade Tree Commission of the City of Millville.

SHALL

Indicates a mandatory requirements.

SHORT-TERM RENTAL HOUSING

See "housing, short-term rental."

SHOULDER

The portion of the roadway contiguous with the traveled way for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses.

SIDEWALK

An improved path for pedestrian use outside the cartway.

SIGHT TRIANGLE

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

SIGN

Any device designed to inform or attract the attention of persons not on the premises on which the sign is located; provided, however, that the following shall not be included in the application of the sign regulations as contained in this chapter:

Signs not exceeding one square foot in area and bearing only property numbers, post box numbers or names of occupants or date of construction;

Flags and insignias of any governmental agency, except when displayed in connection with commercial promotions;

Legal notices, informational or directional signs erected by governmental bodies;

Integral, decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights; and

(5)

Signs directing traffic and parking on private property, but bearing no advertising matter.

SITE IMPROVEMENTS

Any construction work on, or improvement in connection with, residential development limited to streets, roads, parking facilities, sidewalks, drainage structures, and utilities.

SITE PLAN

A development plan of one or more lots on which is shown:

The existing and proposed conditions of the lot including, but not necessarily limited to, topography, vegetation, drainage, floodplains, marshes, and waterways;

The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures, signs, lighting, and screening devices; and

Any other information that may be reasonably required in order to make an informed determination pursuant to an ordinance requiring review and approval of site plans by the Planning Board adopted pursuant to N.J.S.A. 40:55D-37 et seq.

SITE PLAN REVIEW

The examination of the specific development plans for a lot including all pertinent data required in this chapter. Whenever the term site plan approval is used in this chapter, it shall be understood to mean a requirement that the site plan be reviewed and approved by the Planning Board.

SITE PLAN, MAJOR

Any site plan not classified as a minor site plan.

SITE PLAN, MINOR

A development plan of one or more lots which:

Proposes new development within the scope of development specifically permitted by ordinance as a minor site plan;

Does not involve planned development, any new street, or extension of any off-tract improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42; and

Contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval of a minor site plan have been met.

SMALL WIND ENERGY SYSTEM

A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity consistent with applicable provisions of the State Uniform Construction Code promulgated pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), and technical bulletins issued pursuant to Section 2 of P.L. 2009, c. 244 (N.J.S.A. 40:55D-66.13), and which will be used primarily for on-site consumption.

SOIL EROSION

The gradual alteration of soil by crustal movement or by processes of weathering, transportation, and sedimentation.

SOLAR COLLECTOR

A device, structure or part of a device or structure in which a substantial purpose is used to transform solar energy into thermal, mechanical, chemical or electrical energy.

SOLAR ENERGY SYSTEM

A solar energy system and all associated equipment, including, but not limited to, panels, arrays, footings, supports, mounting and stabilization devices, inverters, electrical distribution wires and other on-site or off-site infrastructure necessary for the facility which converts solar energy into a usable electrical energy, heats water or produces hot air or other similar function through the use of solar panels.

SOLAR PANELS

A structure containing one or more receptive cells or collector devices, the purpose of which is to convert solar energy into usable electrical energy by way of a solar energy system.

SPECIAL EVENT

A planned non-motorsport type of event with anticipated public attendance of 10,000 people or more for which a special permit from the Board of Commissioners is required.

SPECIMEN TREE OR STAND

Any tree or grouping of trees that has been determined to be of a high value because of its age, size, species or other professional criteria.

STABILIZATION

As it pertains to streets, the ability of a surface to resist deformation from imposed loads. Stabilization can be accomplished by adequate thicknesses of asphalt base and surface course, dense-graded aggregates, cement-treated soil aggregates, or concrete or precast masonry units set on a base course.

STANDARDS OF PERFORMANCE

Standards adopted by ordinance pursuant to N.J.S.A. 40:55D-65 regulating noise levels, glare, earthborn or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and flammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects and conditions and such other similar matters as may be reasonably required by the municipality; or required by applicable federal or state laws or other municipal ordinances.

STEALTH

Any tower or telecommunications facility which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and towers designed to look other than like a tower such as light poles, power poles and trees. The term "stealth" does not necessarily exclude the use of uncamouflaged lattice, guyed, or monopole tower designs.

STORMWATER DETENTION

A provision for temporary storage of stormwater runoff, and the controlled release of such runoff during and after a flood or storm.

STORMWATER RETENTION

A provision for the permanent storage of a fixed volume of water.

STORY

That part of any building included between the level of one finished floor and the level of the next higher finished floor, or if there is no higher finished floor, then that part of the building comprised between the level of the highest finished floor and the highest point of the roof. The first story of any building shall be where more than 75% of the story is above the finished grade along the front of the building.

STREET

Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway; or which is shown upon a plat heretofore approved pursuant to law; or which is approved by official action as provided by the MLUL,[9] or which is shown on a plat duly filed and recorded in the office of the County Clerk prior to the appointment of the Planning Board and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.

STREET HIERARCHY

The conceptual arrangement of streets based upon function. A hierarchical approach to street design classifies streets according to function, from high-traffic arterial roads to streets whose function is residential access.

STREET LINES

See "right-of-way lines."

STREET LOOP

A street that has its only ingress and egress at two points on the same street.

STRUCTURAL ALTERATION

Any change in either the supporting members of a building, such as bearing walls, columns, beams and girders, or in the dimensions or configurations of the roof or exterior walls.

STRUCTURE

A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.

SUBDIVISION

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

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

Divisions of property by testamentary or intestate provisions;

Divisions of property upon court order including, but not limited to, judgments of foreclosure;

Consolidation of existing lots by deed or other recorded instrument; and

(5)

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.

(6)

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

SUBDIVISION APPLICATION

The application for approval of a subdivision pursuant to the Municipal Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), or an application for approval of a planned unit development pursuant to the Municipal Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).

SUBDIVISION COMMITTEE

A committee of at least three Planning Board members appointed by the Chairman of the Planning Board for the purpose of classifying subdivisions in accordance with the provisions of development regulations and having such other duties related to land subdivision as may be conferred on this Committee by the Planning Board.

SUBDIVISION, MAJOR

Any subdivision not classified as a minor subdivision.

SUBDIVISION, MINOR

A subdivision of land for the creation of a number of lots specifically permitted by ordinance as a minor subdivision, provided that such subdivision does not involve a planned development, any new street, or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.

SUCH AS

Shall be considered as introducing a typical or illustrative designation of items and shall not be interpreted as constituting a complete list.

SUITES HOTEL

A hotel as herein defined with all of the following characteristics:

At least 75 separately rentable units with service facilities;

Each rentable unit shall contain a kitchen with a full-size refrigerator, a range or range top with at least two burners, an oven of any type, sink and space for meal preparation;

At least 75% of the rentable units shall be suites with a living room and a separately enclosed bedroom; and

TELECOMMUNICATION FACILITIES

No units shall be rentable on less than a full twenty-four-hour basis.

SWALE

A low lying or depressed land area commonly wet or moist, which can function as an intermittent drainageway.

SWIMMING POOL, PRIVATE

A noncommercial privately owned pool constituting an accessory use to a residential unit or units and located on the same lot therewith. A wading pool with a depth of less than 18 inches or a portable swimming device, located above ground level, with an area less than 125 square feet and a water depth less than three feet, temporary in character and constructed of material other than concrete and masonry, shall not be deemed a "swimming pool."

SWIMMING POOL, PUBLIC

A public or privately owned pool open to the public on an annual membership or a daily fee basis and having dressing rooms, off-street parking and other appropriate accessories and facilities.

SYSTEM HEIGHT

The height above grade of the tower plus the wind generator.

Any cables, wires, lines, wave guides, antennas, and any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure. However, telecommunications facilities shall not include:

Any satellite earth station antenna two meters in diameter or less which is located in an area zoned industrial or commercial.