This chapter shall be known and cited as the "Zoning Chapter of the Township of Lebanon."
The purposes of this chapter are as follows:
A. 
To implement the purposes, objectives and goals of the duly adopted Master Plan of Lebanon Township;
B. 
To plan and guide the appropriate use or development of all land, in a manner which will promote the public health, safety, morals, and general welfare;
C. 
To secure safety from, fire, flood, panic and other natural and man-made disasters;
D. 
To provide adequate light, air, water, and open space;
E. 
To encourage farming and agriculture, preserve active and viable farms, and return fallow land to farming activities;
F. 
To ensure that land development does not conflict with the development and general welfare of neighboring municipalities, the county and the state as a whole;
G. 
To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, preservation of the environment and quality of life;
H. 
To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies;
I. 
To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements;
J. 
To encourage the location and design of transportation routes which will promote the safe flow of traffic necessary to the community while discouraging such facilities and routes as will result in excessive vehicular speed, congestion or blight;
K. 
To promote a desirable visual environment through sound and creative development techniques and good civic design and arrangements;
L. 
To promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through uncontrolled or unwise use of land;
M. 
To encourage senior citizen community housing construction;
N. 
To encourage coordination of various public and private procedures and activities shaping land development with a view toward lessening the cost of such development and to the more efficient use of land;
O. 
To establish building lines and the location of buildings designed for residential, commercial, industrial, office or other uses within such lines and to fix reasonable standards to which buildings or structures shall conform;
P. 
To prohibit uses, buildings or structures which are incompatible with the character of permitted uses within specific zoning district and surrounding areas;
Q. 
To prevent such additions to, and alterations or remodeling of, existing buildings or structures as would not comply with the restrictions and limitations imposed hereunder;
R. 
To conserve the value of land and buildings throughout the Township;
S. 
Within the community's resources, to meet the future housing needs of the citizens of the Township.
For the purpose of this chapter, unless the context clearly indicates a different meaning, the term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action. The singular shall also mean the plural, and "person" shall also mean other legal entities.
[Amended by Ord. No. 11-1983; Ord. No. 3-1984; Ord. No. 8-1985; Ord. No. 13-1986; Ord. No. 19-1987; Ord. No. 15-1990; Ord. No. 20-1990; Ord. No. 4-1991; Ord. No. 5-1991; Ord. No. 8-1998; Ord. No. 11-1998; Ord. No. 31-1998; Ord. No. 18-2000]
As used in this chapter, the following terms shall have the meanings indicated:
ABUTTING COUNTY ROAD
Any existing or proposed county road shown on the adopted County Master Plan or Official Map which adjoins or lies within a lot or parcel of land submitted for subdivision or site plan approval.
ACCESSORY USE OR STRUCTURE
A use or structure subordinate to and customarily incidental to the principal use or structure on the same lot.
ADMINISTRATIVE OFFICER
The Clerk of the Planning Board, and Secretary to the Board of Adjustment.
ADVERSE DRAINAGE CONDITION
The absence of drainage facilities, drainage easements, or drainage rights-of-way leading to, along or through a street, road, drainage structure, or property, either within or exterior to a proposed subdivision or site plan of such location, size, design, construction or condition, which would provide adequately for storm drainage, or which would prevent flooding, erosion, silting or other damaging effect to a street, road, drainage structure, or property, or remove the threat of such damage.
ADVERSE EFFECT
Conditions or situations creating, imposing, aggravating or leading to impractical, unsafe or unsatisfactory conditions on a subdivided property or off-tract property such as, but not limited to, improper circulation and drainage as set forth in N.J.S.A. 40:55D-1 et seq., as amended, inadequate drainage facilities, insufficient street widths, unsuitable street grades, unsuitable street locations to accommodate prospective traffic, locating uses and structures in a manner not adaptable for the intended purpose without danger to health or peril from flood, fire, erosion or other menace, or creation of a potential nuisance to surrounding properties.
AGRICULTURE AND HORTICULTURE
The production, keeping, boarding, or maintenance, for sale, lease or personal use, of plants and animals useful to man, including but not limited to forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program.
ANIMAL FARM
A farm or ranch where keeping, boarding, breeding, raising, training and using exotic animals for sale, lease, personal or business use is conducted, but not including a "kennel" as defined in this chapter, or properties used for agricultural or horticultural purposes as defined in this chapter.
[Amended 11-2-2016 by Ord. No. 2016-08]
ANIMAL HOSPITAL
A place where animals or pets are given medical or surgical treatment with boarding limited to short term, incidental to such treatment.
ANIMAL KENNEL
An establishment wherein or whereon the business of boarding, selling or breeding more than six dogs each over one year old is carried on.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to this chapter.
APPROVED PLAN
A plan which has been approved by the Planning Board or Board of Adjustment of the Township.
APPROVING AUTHORITY
The Lebanon Township Planning Board unless a different agency is designated by this chapter.
BASEMENT
A space having 1/2 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 1/2 feet. A "basement" shall be counted as a story if used for business, industrial, office, or residential purposes.
BLOCK
The area bounded by one or more streets or a municipal boundary of sufficient size to accommodate a lot or lots of the minimum size required in this chapter.
BOARDS
The Lebanon Township Planning Board and the Lebanon Township Zoning Board of Adjustment.
BUILDING
A combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
A. 
BUILDING, ACCESSORYA subordinate building on the same lot with the principal or main building, occupied or devoted exclusively to an accessory use.
B. 
BUILDING, PRINCIPALA building in which is conducted the principal use of the site on which it is situated.
BUILDING COVERAGE
That area of a lot or site which is occupied or proposed to be occupied by a building. (See also "lot coverage" and "open space.")
CAPITAL IMPROVEMENT
A governmental construction project or acquisition of equipment or real property.
CARPORT
A roofed structure providing space for the parking of motor vehicles and enclosed on not more than three sides.
CELLAR
A space with less than 1/2 of its floor-to-ceiling height above the average finished grade of the adjoining ground or with a floor-to-ceiling height of less than 6 1/2 feet.
CERTIFICATION
A signed, written statement by the appropriate officer that specific constructions, inspections, tests, or notices, where required, have been performed and that such comply with this chapter.
CIRCULATION
Systems, 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 the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or transshipment points.
CLUSTER DEVELOPMENT
An area to be developed as a single entity according to a plan, containing residential housing units which have a common or public open space area as an appurtenance.
[Added 5-29-2002 by Ord. No. 2002-4]
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 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 OWNERSHIP
Ownership of two or more contiguous parcels of real property by one person, or by two or more persons owning such property jointly.
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 this chapter and upon the issuance of an authorization therefor by the Planning Board.
CONVENTIONAL ZONING
Zoning which employs a fixed minimum lot size requirement, as specified in the appropriate district regulations, under Article III.
[Added 5-29-2002 by Ord. No. 2002-4]
COUNTY MASTER PLAN
A composite of the plan elements for the physical development of Hunterdon County, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.
COUNTY PLANNING BOARD
The Hunterdon County Planning Board.
COURT
Any open, unoccupied area which is bounded by three or more building walls.
CRITICAL AREA
A sediment-producing, highly erodible or severely eroded area.
CUL-DE-SAC
A street or system of streets with only a single means of ingress and egress and having a turnaround at the end of the street.
CUT
Portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface or excavated surface.
DAYS
Calendar days.
DEAD-END STREET
A street or portion of a street which is accessible by a single means of ingress or egress.
DEDICATION FOR STREET PURPOSES
A dedication of land for construction, reconstruction, widening, repairing, maintaining or improving a street, public or private, and for the construction, reconstruction or alteration of facilities related to the safety, convenience or carrying capacity of the street, including, but not limited to, curbing, pedestrian walkways, drainage facilities, traffic control devices, and utilities in or along road rights-of-way.
DENSITY
The permitted number of dwelling units per gross area of land to be developed.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
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, land disturbance and any use or extension of use of land, for which permission may be required pursuant to this chapter.
DEVELOPMENT, CONVENTIONAL
Development other than planned development.
DEVELOPMENT, PLANNED
See "planned development."
DEVELOPMENT REGULATION
Zoning, subdivision, site plan, official map or other municipal regulation of the use and development of land, or amendment thereto, adopted and filed pursuant to the Municipal Land Use Law.[1]
DRAINAGE
The removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff to minimize erosion and sedimentation during and after construction or development and the means necessary for water supply preservation or prevention or alleviation of flooding.
DRIVE-IN RESTAURANT
A building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption of same takes place or is designed to take place outside the confines of the building in a motor vehicle or on the site.
DRIVE-IN USE
A use where all or part of the business may take place outside the confines of the principal structure with the customer remaining in a motor vehicle.
DWELLING, ATTACHED
A one-family dwelling attached to one or more one-family dwellings by common vertical walls.
DWELLING, DETACHED
A dwelling which is not attached to any other dwelling, use or structure.
DWELLING, MULTIPLE-FAMILY
A dwelling containing more than two dwelling units.
DWELLING, ONE-FAMILY
A building containing one dwelling unit.
DWELLING, TWO FAMILY
A building containing two dwelling units.
DWELLING UNIT
One or more rooms, designed, occupied or intended for occupancy as separate living quarters with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.
ENVIRONMENTAL COMMISSION
A municipal advisory body created pursuant to N.J.S.A. 40:56A-1 et seq.
ESSENTIAL SERVICE BUILDING
A building or structure for fire equipment, first aid or emergency equipment, telephone switching stations, electrical substations, and similar facility buildings.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance of underground, surface or overhead gas, electrical, steam or water transmission systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, light stanchions, telephone lines, hydrants and other similar equipment and accessories, reasonably necessary for the furnishing of adequate service to the zone or neighborhood where located by public utilities, municipal, or other governmental agencies. "Essential services" shall not include essential service buildings.
EXISTING GRADE
The vertical location of the ground surface prior to excavating or filling.
FAMILY
Any number of persons maintaining a single household. A "family" may include foster children placed in such households by the State Division of Youth and Family Services or a duly incorporated child care agency but shall not include roomers or members of a fraternity or sorority.
FARM
An area of land which is actively devoted to agricultural or horticultural use which occupies no less than five acres, exclusive of the land upon which the farmhouse is located and such additional land as may actually be used in connection with the farmhouse as provided in N.J.S.A. 54:4-23.3, 54:4-23.4, 54:4-23.11.
FARM STRUCTURE
See "structure, farm."
FILL
Sand, gravel, earth or other materials of any composition whatsoever placed or deposited by any person or persons.
FINAL APPROVAL
The official action of the Planning Board or Board of Adjustment taken on a development plan which had been given preliminary approval and 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.
FINISHED GRADE
See "grade, finished."
FLOOD DAMAGE POTENTIAL
The susceptibility of a specific land use at a particular location to damage by flooding and the potential of the specific land use to increase off-site flooding or flood-related damages.
FLOOD FRINGE AREA
That portion of the flood hazard area outside of the floodway based on the total area inundated during the regulatory base flood plus 25% of the regulatory base flood discharge.
FLOOD HAZARD AREA
The floodplain, consisting of the floodway and the flood fringe area.
FLOOD HAZARD DESIGN ELEVATION
The highest elevation, expressed in feet above sea level, of the level of floodwaters in the flood of record.
FLOOD INSURANCE RATE MAP (FIRM)
The Official Map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD MAP
A map approved by the State of New Jersey Water Policy and Supply Council, October 18, 1976, pursuant to N.J.S.A. 58:16A-52, or as revised by the Federal Insurance Administration.
FLOODPLAIN
The same as the flood hazard area on the Flood Insurance Rate Map.
FLOODWAY
See "regulatory floodway."
FLOOR AREA RATIO
The ratio of the gross floor area of all buildings on a lot to the lot area.
FLOOR AREA, GROSS
The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of the exterior walls but not including areas devoted exclusively to off-street parking and loading space for motor vehicles or any space where the floor-to-ceiling height is less than seven feet.
FLOOR AREA, NET
Gross floor area minus 15%.
FLY ASH
Particles of gasborne matter, not including process material, arising from the combustion of solid fuel, such as coal or wood.
GARAGE, PRIVATE
A building or structure used for the storage of one or more vehicles maintained for the use of the resident occupant. Private garages shall be permitted only as an accessory use to a residential principal use.
GARAGED
To be stored or parked entirely within the perimeter walls of a garage or structure.
GASOLINE SERVICE STATION
A place where gasoline or other motor fuel is offered for sale to the public and deliveries are made directly into motor vehicles, and which may provide for the maintenance, service, storage, or washing of motor vehicles, or the sale of equipment and accessories.
GOVERNING BODY
The Township Committee of the Township of Lebanon.
GOVERNMENT AGENCY
Any department, commission, independent agency or instrumentality of the United States and of the State of New Jersey, and any county, city, township, village, authority, district or other governmental unit.
GRADE, FINISHED
The completed finished surface of a lot upon which a structure has been erected pursuant to approved plans, approved by the Planning Board or Construction Code Official of the Township, for which structure or building a permanent certificate of occupancy has been issued. Where any ordinance of the Township has established a finished grade at a different level from the grade as herein described, the grade as defined and established by such ordinance shall be determined to be the finished grade.[2]
GRADE PLANE
A reference plane representing the average of finished ground level adjoining the building at all exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet from the building, between the building and a point six feet from the building.
GRADING
Any stripping, cutting, filling, stockpiling or any combination thereof, including the land in its cut or filled condition.
GROSS VEHICLE WEIGHT RATING (GVWR)
The value specified by the manufacturer as the loaded weight of a single vehicle.
HABITABLE ROOM
Any room in a dwelling other than a kitchen or bathroom.
HAZARDOUS MATERIALS
Such elements or compounds which, when discharged in any quantity into the environs of air, water or soil, present an imminent and substantial danger to the public health or welfare, including but not limited to fish, shellfish, and various forms of wildlife.
HEIGHT
The vertical distance from the grade plane to the highest point of the roof surface of a building and, in the case of other structures, from the finished ground elevation at the edge of the structure to the top of the structure.
HISTORIC SITE
Any building, structure, area or property that has been designated pursuant to the New Jersey Municipal Land Use Law to be significant in the history, architecture, archeology or culture of this State, its communities or the nation.
HOME OCCUPATION
Any activity, except an exempt home occupation, carried out for gain by a resident conducted as a conditional use in the resident's dwelling unit or permitted accessory building.
HOME OCCUPATION EXEMPT
Low-intensity home occupation which meets the exemption criteria outlined in § 400-11B(6).
HOTEL, MOTOR HOTEL or MOTEL
A building designed for occupancy as a temporary residence of one or more persons who are lodged for a fee with or without meals.
HOUSEHOLD
A family living together in a single dwelling unit with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit.
IMPERVIOUS SURFACE
Any ground cover which reduces the rate of absorption of stormwater into undeveloped land. Retention and detention basins and drywells allowing water to percolate directly into the ground shall not be considered as impervious surfaces.
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 a wind, solar or photovoltaic energy facility or structure.
[Added 9-7-2011 by Ord. No. 2011-08]
INTERESTED PARTY
A. 
In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey;
B. 
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 Township, whose right to use, acquire, or enjoy property is or may be affected by any action taken 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 this chapter.
INSTITUTIONAL AND PUBLIC USES
Nonprofit public or quasi-public institutions and uses such as houses of worship, public and private schools, hospitals, libraries and municipally owned or operated buildings, structures or land used for public purposes.
JUNK
Any scrap, waste, reclaimable material and debris, whether or not stored or used in conjunction with the dismantling, processing, salvage, storage, baling, disposal or other use or disposition. "Junk" may include, for purposes of illustration, vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, plaster, household appliances, wood, lumber, brush, and building materials. "Junk" shall not include wood stored on a lot for use in a fireplace, woodstove or furnace.
JUNKYARD
Any area, lot, parcel, building or structure licensed and used for the storage, sale, processing, abandonment or storage of junk.
LAND
Ground, soil or earth, including improvements and fixtures on, above or below the surface thereof.
LAND DISTURBANCE
Any activity involving the clearing, cutting, excavating, filling, grading and any other activity which causes land to be exposed to the danger of erosion.
LIGHT COMMERCIAL VEHICLE
A currently registered and operational motor vehicle bearing commercial license plates and having a gross vehicle weight rating (GVWR) of 26,000 pounds or less.
[Amended 10-21-2009 by Ord. No. 2009-08; 8-4-2010 by Ord. No. 2010-10]
LIGHT VEHICLE
Pedal-operated vehicles, motorcycles, mopeds, cars, pickup trucks, sports utility vehicles, and vans having a gross vehicle weight rating (GVWR) of 12,000 pounds or less.
[Amended 10-21-2009 by Ord. No. 2009-08; 8-4-2010 by Ord. No. 2010-10]
LOT
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREA
The computed area contained within the lot lines, but not including any street rights-of-way.
LOT AVERAGING
A residential development option that allows a range of minimum lot areas, provided that the maximum density for the parcel is not exceeded.
[Added 5-29-2002 by Ord. No. 2002-4]
LOT, CORNER
A parcel of land either at the junction of and abutting on two or more intersecting streets, or abutting a single street at the point where the road tangents deflect by more than 45°.
LOT COVERAGE
That portion of one lot or more than one lot which is improved or is proposed to be improved with buildings and structures, including but not limited to driveways, parking lots, pedestrian walkways, signs and other man-made improvements on the ground surface which are more impervious than the natural surface. (See also "building coverage" and "open space.")
LOT FRONTAGE
The length of the front lot line measured at the road right-of-way line.
LOT, INTERIOR
A parcel of land other than a corner lot.
LOT LINE
A line of record bounding a lot.
LOT LINE, FRONT
The lot line separating a lot from an existing or future township, county or state street right-of-way.
LOT LINE, REAR
The lot line opposite and most distant from the lot line, or the point at which the side lot lines meet. On corner lots, there shall be only one rear lot line.
LOT LINE, SIDE
Any lot line other than a front or rear lot line.
LOT, THROUGH
An interior lot which extends from one street to another.
LOT WIDTH
The distance between the side lot lines measured at the building setback line.
MAINTENANCE GUARANTEE
Any security, other than cash, which may be accepted by the Township for the maintenance of any improvements required by this chapter.
MAJOR SUBDIVISION
See "subdivision, major."
MASTER PLAN
A composite of one or more written or graphic proposals for the development of the Township prepared and adopted pursuant to the Municipal Land Use Law.
MAYOR
The chief executive of the Township.
MERGER
A consolidation of existing lots.
MINOR SITE PLAN
A site plan involving less than 1,000 square feet of new building, or 3,200 square feet of new impervious coverage, or five parking spaces.
[Added 11-4-2009 by Ord. No. 2009-09]
MINOR SUBDIVISION
See "subdivision, minor."
MIXED USE
A structure containing more than one principal permitted use.
MULCHING
The application of suitable materials on the soil surface to conserve moisture, hold soil in place and aid in establishing plant cover.
MUNICIPAL LAND USE LAW
N.J.S.A. 40:55D-1 et seq., as amended.
[Amended 4-18-2007 by Ord. No. 2007-7]
NATURAL GROUND SURFACE
The ground surface in its original state before any grading, excavation or filling.
NONCONFORMING LOT
A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
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 reasons 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 reasons of such adoption, revision or amendment.
NONPROFIT LODGE, CLUB OR FRATERNAL ORGANIZATION
The meeting place of a nonprofit organization and open only to bona fide members of such nonprofit organization.
NUISANCE ELEMENT
Any smoke, solid particles or fly ash, odor, liquid wastes, solid wastes, radiation, noise, vibration, glare or heat.
NURSERY SCHOOL
A child care center, licensed by the state, enrolling four or more children between two and five years of age and where tuition, fees or other form of compensation is charged.
NURSING HOME
A building providing shelter and/or supplemental health care for the elderly or infirm and meeting the standards, and licensed by the State of New Jersey, to operate as a skilled care facility or residential care facility.
OFFICIAL COUNTY MAP
The map, with changes and additions thereto, adopted and established, by resolution of the Board of Chosen Freeholders of the county pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP
A map adopted in accordance with the Municipal Land Use Law, or any prior act authorizing such adoption, which map shall be deemed to be conclusive with respect to the location and width of the streets, public parks and playgrounds and drainage rights-of-way shown thereon.
OFFICIAL SOIL MAP
The individual map sheets that are part of the Soil Survey of the National Cooperative Soil Survey of the Soil Conservation Service, United States Department of Agricultural, published by the County Soil Conservation District and adopted by resolution of the Hunterdon County Planning Board.
OFFICIAL SOILS INTERPRETATION
The interpretations of the soils described in the Soil Survey of the National Cooperative Soil Survey of the Soil Conservation Service, United States Department of Agriculture, published by the County Soil Conservation District and adopted by resolution of the Hunterdon County Planning Board.
OFF-SITE
Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.
OFF-TRACT
Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
ON-SITE
Located on the lot in question.
ON-TRACT
Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN LANDS
That portion of land, including any farm-related dwelling or accessory buildings located thereon, that is voluntarily deed-restricted by the landowner for forest resource conservation or agricultural use in order to qualify for the open lands subdivision pursuant to this chapter.
[Added 5-29-2002 by Ord. No. 2002-4]
OPEN SPACE
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land. (See also "building coverage" and "lot coverage.")
OPEN SPACE, PUBLIC
An open space conveyed or otherwise dedicated to the Township or a Township agency, Board of Education, state or county agency, or other public body for recreation and conservation uses by the public.
OWNER
Individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest to seek or authorize development of land under this chapter.
PARTY IMMEDIATELY CONCERNED
For purposes of notice, any applicant for development, the owners of the subject property, and all owners of property and government agencies entitled to notice under this chapter.
PENTHOUSE
A roofed enclosure up to 12 feet in height on top of a building and occupying not more than 20% of the main roof area.
PERCOLATION TEST
A test designed to determine the ability of ground to absorb water.
PERFORMANCE GUARANTEE
Any security, which may be accepted by the Township; provided that 10% of the total performance guarantee shall be in cash.
PERFORMANCE STANDARDS
The maximum emission level that a nuisance element is permitted under this chapter.
PERMIT
A certificate issued to perform work under this chapter.
PERMITTED USE
Any use which shall be allowed, subject to the provisions of this chapter.
PERMITTEE
Any person to whom a permit is issued in accordance with this chapter.
PERSON
A corporation, company, association, society, firm, partnership or joint-stock company, as well as an individual, the state and all political subdivisions of the state or any agency or instrumentality thereof.
PESTICIDE
Any substance or mixture of substances labeled, designed, intended for or capable of use in preventing, destroying, repelling, sterilizing or mitigating any insects, rodents, nematodes, predatory animals, fungi, weeds and other forms of plant or animal life or viruses, except viruses on or in persons or animals. The term "pesticide" shall also include any substance or mixture of substances labeled, designed or intended for use as a defoliant, desiccant or plant regulator.
PLACE OF WORSHIP
A building or structure or groups of buildings or structures which by design or construction are primarily intended for use by groups or persons conducting organized religious services and accessory uses associated therewith.
PLANNED DEVELOPMENT
Planned unit residential development, planned commercial development or planned industrial development.
PLAT
A map or maps of a subdivision or site plan.
PLAT, FINAL
The final map of all or a portion of a subdivision or site plan which is presented to the Planning Board or Board of Adjustment for final approval in accordance with this chapter.
PLAT, PRELIMINARY
The preliminary plat indicating the proposed layout of the subdivision or site plan which is submitted to the Planning Board or Board of Adjustment for consideration and preliminary approval.
PLAT, SKETCH
The sketch map of a subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to this chapter prior to final approval after specific elements of development plan have been agreed upon by the Planning Board or Board of Adjustment and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during 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.
PRIME FORESTED AREA
Coniferous forest, deciduous forest, mixed forest and plantation, as depicted on Figure 7 of the 2001 Master Plan.
[Added 5-29-2002 by Ord. No. 2002-4]
PROFESSIONAL ENGINEER
An engineer duly licensed by the State of New Jersey.
PROHIBITED USE
A use which is not expressly permitted in a zone district.
PUBLIC AREAS
Existing or proposed:
A. 
Public parks, playgrounds, trails, paths and other recreational areas;
B. 
Other public open spaces;
C. 
Scenic and historic sites; and
D. 
Schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSAL
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 channel and providing for the flow of water to safeguard the public against flood damage, sedimentation, and erosion.
PUBLIC VIEW
Visible from a public thoroughfare, public lands or buildings or navigable waterways.
QUORUM
The majority of the full authorized membership of the Board.
RAINFALL, EXCESS
The portion of rainfall which becomes direct surface runoff.
RECREATION, COMMERCIAL
A recreation facility operated as a business and open to the public for a fee.
RECREATION EQUIPMENT
Includes the following items if currently registered and in good repair:
A. 
TRAILERA vehicular chassis or structure designed to be hauled by another vehicle and to carry any structure, object, material, person, animal or thing.
B. 
TRAVEL TRAILERA portable structure mounted on or part of a trailer for use as a temporary dwelling for travel, recreation or vacations and having a maximum body length of 35 feet and a maximum body width of eight feet when factory equipped for the road.
C. 
PICKUP CAMPERA portable structure designed to be mounted on a pickup or other truck for use as a temporary dwelling for travel, recreation or vacations, but not including pickup "caps" which do not extend more than 12 inches above the standard cab of the pickup.
D. 
MOTOR HOMEA motor vehicle designed for use as a temporary dwelling for travel, recreation or vacations, but not including standard vans which are light vehicles and usable only for sleeping purposes.
E. 
CAMP TRAILERA folding or rigid portable structure mounted on or part of a trailer and designed for travel, recreation or vacation uses.
F. 
BOATAny kind of boat, float or raft.
RECREATION FACILITY
A place where sports, leisure time activities and customary and usual recreational activities are carried out.
RECREATION, PERSONAL
An accessory use located on the same lot as the principal permitted use and designed to be used primarily for the occupants of the principal use and their guests.
RECREATION, PRIVATE
A recreation facility operated by a nonprofit organization and open only to bona fide members and guests of such nonprofit organization.
RECREATION, PUBLIC
A recreation facility operated by the Township, county, or other governmental agency.
REGULATORY BASE FLOOD
A flood having a 1% chance of being equaled or exceeded in any given year.
REGULATORY BASE FLOOD DISCHARGE
The rate of flow produced by the regulatory base flood, measured in cubic feet per second.
REGULATORY FLOODWAY
The channel and the adjacent land areas that must be reserved in order to discharge the regulatory base flood without cumulatively increasing the water surface elevation more than 0.20 of one foot.
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.
RESUBDIVISION
A. 
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
B. 
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.
RETAIL SERVICE
Establishments engaged in providing services for individuals, businesses, government and other organizations and includes eating and drinking places; finance, insurance, including real estate offices; rooming houses, camps and other lodging places; personal services; business services; miscellaneous repair services; motion pictures; amusement and recreation services; health services; educational services; social services; museums, art galleries, botanical gardens and zoological gardens; miscellaneous services.
RETAIL TRADE
Establishments engaged in selling merchandise for personal or household consumption.
RIGHTS-OF-DISCHARGE
A legally recordable instrument granting to the developer the right to discharge collected waters upon lands exterior to the development.
ROADSIDE STAND, COMMERCIAL
Any roadside stand that is not an integrated roadside stand.
ROADSIDE STAND, INTEGRATED
A structure from which are sold only goods produced or processed to their saleable form on the property, exclusive of packaging material and similar items incidental to the sale.
SEARCH AREA
That geographic area (which may or may not extend beyond municipal boundary lines) within which additional wireless telecommunications facilities are required to provide reliable and adequate coverage consistent with the licensing requirements of the Federal Communications Commission (FCC).
SEDIMENT
Any solid material that is in suspension and is being or has been moved by water, ice, wind, gravity or other means.
SEDIMENTATION
The transport and depositing of sediment.
SEDIMENT BASIN
A barrier or dam built across a waterway or at other suitable locations to retain sediment.
SHOPPING CENTER
Two or more retail commercial establishments located in one building or structure designed, operated and maintained as a single entity.
SIGHT TRIANGLE
A triangular shaped portion of land established at intersections in accordance with the requirements of this chapter in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to limit or obstruct sight distance.
SIGN
A name, identification, description, display, illustration, or logo which is affixed to or represented directly or indirectly upon a building, structure or piece of land, directing attention to a product, business, service or individual. However, a "sign" shall not include a display of official, court or public notices, any official traffic control device and shall not include the flag, emblem or insignia of a nation, state, county, or township. A "sign" shall not include a sign located completely within an enclosed building except if it is visible and directed to be seen from outside the building. Each display surface of the sign shall be considered to be a single sign; except that where two such surfaces of a sign are physically attached, parallel and separated by less than 12 inches, the two surfaces shall be considered a single sign.
SITE
Any plot or parcel of land or combination of contiguous lots or parcels of land.
SITE PLAN
A development plan of one or more lots on which is shown:
A. 
The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways;
B. 
The locale of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and
C. 
Any other information that may be reasonably required in order that an informed determination may be made by the boards pursuant to this chapter.
SLOPE
The degree of deviation of a surface from the horizontal, usually expressed in percent or degree.
SMALL WIND ENERGY SYSTEM
A wind energy conversion system, consisting of a wind turbine, a tower, and associated control or conversion electronics, that is used to generate electricity and has a nameplate capacity of 100 kilowatts or less.
[Added 9-7-2011 by Ord. No. 2011-08]
SOIL
All unconsolidated mineral and organic material of whatever origin that overlies bedrock and which can be readily excavated.
SOIL CONSERVATION DISTRICT
The governmental subdivision of this state which encompasses this Township, organized in accordance with the provisions of Chapter 24, Title 4 (N.J.S.A. 4:24-1 et seq.).
SOIL ENGINEER
A professional engineer who is qualified by education and experience to practice applied soil mechanics and foundation engineering.
SOIL EROSION AND SEDIMENT CONTROL PLAN
A plan which indicates necessary land treatment measures, including a schedule for installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be at least equivalent to the standards and specifications as adopted by the Hunterdon County Soil Conservation District.
SOIL LOG
A test pit dug to a minimum depth of 10 feet, except in rock, to determine soil conditions.
SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE, MAJOR
A system of fuel cells, solar or photovoltaic panels and equipment for the production of energy that is not a minor solar or photovoltaic energy facility or structure.
[Added 12-7-2011 by Ord. No. 2011-11]
SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE, MINOR
A fuel cell, solar or photovoltaic panel or system of panels for the collection of energy and conversion to electric energy which is located on the power beneficiary's premises; is designed and intended primarily to offset up to 110% of the beneficiary's requirements for energy consumption on site as documented through the submission of power company electricity usage bills or another form of documentation acceptable to the Lebanon Township Zoning Officer; and is secondary to the beneficiary's use of the premises for other lawful purpose(s).
[Added 12-7-2011 by Ord. No. 2011-11]
STORMWATER DETENTION
Any storm drainage technique which retards or detains runoff, such as a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells or any combination thereof.
STORY
That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.
STORY, HALF
A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space the possible floor area with a head room of five feet or less occupies at least 40% of the total area of the story directly beneath.
STREAM ENCROACHMENT PERMIT
A permit issued by the NJ Department of Environmental Protection.
[Amended 4-18-2007 by Ord. No. 2007-7]
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way:
A. 
Which is an existing state, county, or municipal roadway; or
B. 
Which is shown upon a plat heretofore approved pursuant to law; or
C. 
Which is approved by official action as provided by this act; or
D. 
Which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutter, curbs, sidewalks, parking areas and other areas within the street lines.
STREET, LOCAL
A street which is used primarily for access to abutting properties and further defined by Chapter 325, Article IV, Street Construction Standards, as a Class I, or Class II road, or a Class III common driveway.
STREET, MAJOR ARTERIAL
A street so designated in the duly adopted Lebanon Township Master Plan.
STREET, MINOR ARTERIAL
A street so designated in the duly adopted Lebanon Township Master Plan.
STREET, PRIMARY COLLECTOR
A street so designated in the duly adopted Lebanon Township Master Plan.
STREET, SECONDARY COLLECTOR
A street so designated in the duly adopted Lebanon Township Master Plan.
STRIPPING
Any activity which removes or significantly disturbs the vegetative surface cover.
STRUCTURE
A combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above or below the surface of land or water.
STRUCTURE, FARM
Those buildings on a farm used to house or store equipment, goods, animals, crops or produce but not used for human habitation.
SUBDIVISION
A. 
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:
(1) 
Divisions of land found by the Planning Board to be for agricultural purposes where all resulting parcels are five acres or larger in size;
(2) 
Divisions of property by testamentary or intestate provisions;
(3) 
Divisions of property upon court order, including but not limited to judgments of foreclosure;
(4) 
Consolidation of existing lots by deed or other recorded instrument; and
(5) 
The conveyance of one or more adjoining lot, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the Township Clerk to conform to the requirements of this chapter and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the Township.
B. 
The term "subdivision" shall include also the term "resubdivision."
SUBDIVISION, MAJOR
A subdivision not classified as a minor subdivision.
SUBDIVISION, MINOR
Any subdivision containing not more than three lots, exclusive of the remaining lot or parcel, which is not a planned development, or contains any public new street, or involves the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
SUPPLEMENTARY APARTMENT
A dwelling unit contained within an existing single-family detached structure or existing accessory building on a lot containing a single-family detached structure and which meets the requirements of a supplementary apartment as set forth in this chapter.
SURFACE WATER
Water on land surface.
SYSTEM HEIGHT
For a small wind energy system, the height above grade of the tower plus the wind generator.
[Added 9-7-2011 by Ord. No. 2011-08]
TEMPORARY PROTECTION
Stabilizations of erosive or sediment-producing areas.
TOPSOIL
The surface soil and soil material to a depth of six inches tillage, its equivalent in cultivated soil, or the original or present "A" horizon plus "B" horizon (if in top six inches), as defined by the National Cooperative Soil Survey of the United States Department of Agriculture, before its removal or displacements for any purposes whatsoever. "Topsoil" shall be capable of supporting vegetation indigenous to the area.
TOWER HEIGHT
The height above grade of the fixed portion of the tower, excluding the wind generator.
[Added 9-7-2011 by Ord. No. 2011-08]
TOWNHOUSE
A building designed for or occupied by no more than one family or household and attached to other similar buildings or structures by party walls extending from the foundation to the roof, provided with two direct means of access from the outside and provided with separate cooking, sleeping and sanitary facilities and separate facilities for electric service, heating, electric and gas services.
TOWNSHIP
The Township of Lebanon.
TRACT
Property which is the subject of a development application.
TRAILER, HOUSE
A mobile or semimobile unit used in whole or in part for working, living or sleeping purposes, and standing on wheels or on rigid supports.
TRAILER, TRANSPORTATION
A vehicle used solely for carrying people, goods, objects or materials.
UNCONSTRAINED LAND
The area of a tract or parcel that does not contain floodplains, wetlands or slopes greater than 15%.
[Added 5-29-2002 by Ord. No. 2002-4]
VARIANCE
Permission to depart from the literal requirements of this chapter.
VEGETATIVE PROTECTION
Stabilization of erosive or sediment-producing areas by covering the soil with permanent or short-term seeding, mulching, or sodding.
VEHICLE, MOTOR
A self-propelled device which is licensed as a motor vehicle by the State of New Jersey.
VEHICLE, RECREATIONAL
Vehicular type, portable structures which can be towed, hauled or driven, primarily designed as temporary living accommodations for recreational, camping and travel use and including travel trailers, truck campers, camping trailers and self-powered motor homes.
VEHICULAR SALES AREA
An open area, other than a right-of-way or public parking area, used for display, sale or rental of new or used vehicles in operable condition and where no repair work is done.
VIBRATION
An oscillation wherein the quantity is a parameter that defines the motion of a mechanical system.
WATER BODIES
Any natural or artificial collection of water, whether permanent or temporary.
WATER-CARRYING CAPACITY
Ability of a channel or floodway to transport flow as determined by its shape, cross-sectional area, bed slope and coefficient of hydraulic friction.
WATERCOURSE
Any natural or artificial watercourse, stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel, bed and banks, and shall include any area adjacent thereto subject to inundation by reason of overflow or floodwater.
WIND GENERATOR
The blades and associated mechanical and electrical conversion components mounted on top of the tower.
[Added 9-7-2011 by Ord. No. 2011-08]
WIND, SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE
A facility or structure for the purpose of supplying energy produced from wind, solar, wood or photovoltaic technologies, whether such facility or structure is a principal use, a part of the principal use, or an accessory use or structure.
[Added 9-7-2011 by Ord. No. 2011-08]
WIRELESS TELECOMMUNICATIONS ANTENNA
A system of electrical conductors that transmit or receive radio frequency signals, digital signals, analog signal, or electromagnetic waves for wireless communications.
WIRELESS TELECOMMUNICATIONS EQUIPMENT COMPOUND
A fenced-in area which houses any combination of wireless telecommunications structures, buildings, antennas, equipment and/or towers.
WIRELESS TELECOMMUNICATIONS STRUCTURES, ANTENNAS, EQUIPMENT AND/OR TOWERS
Buildings and/or structures and equipment for the delivery of wireless telecommunications except for satellite dish antennas. For purposes of this definition, wireless telecommunications structures, antennas, equipment and/or towers may be collectively referred to herein as "wireless telecommunications facilities." This definition shall not include any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
WIRELESS TELECOMMUNICATIONS TOWER
A vertical structure used to support wireless telecommunications antennas.
YARD
An open space which lies between the minimum setback line and the nearest lot line, unoccupied and unobstructed from the ground upward except as permitted in this chapter.
YARD, FRONT
A space extending the full width of the lot between the minimum front yard building setback line and the front lot line, and measured perpendicular to the minimum front building setback line at its closest point to the front lot line. The front yard shall be unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.
YARD, REAR
A space extending across the full width of the lot between the minimum rear building setback line and the rear lot line measured perpendicular to the minimum rear building setback line at its closest point to the rear lot line. The rear yard shall be unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.
YARD, SIDE
A space extending from the front yard setback line to the rear setback line between the minimum side yard setback line and the side lot line measured perpendicular to the side lot lines at its closest point to the minimum side yard setback line. The side yard shall be unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.
ZONING PERMIT
A document signed by the Zoning Officer which is required by this chapter as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion, or installation of a structure or building; and which acknowledges that such use, structure or building complies with the provisions of this chapter or variance therefrom.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).