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Eastampton Township
City Zoning Code

ARTICLE II

Terminology

§ 540-5 Word usage.

For the purpose of this chapter, all words used in the present tense include other tenses or derivative forms. All words in the plural number include the singular number, and all words in the singular number include the plural number, unless the natural construction of the word indicates otherwise. The word "shall" is mandatory and directory; the word "may" is permissive. The word "used" includes "altered, arranged to be used, constructed, converted, designed, intended to be used, leased, or rented." Either gender shall include the other. The word "lot" includes the words "plot" and "premises." Any word or term not defined herein shall be as defined in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., or shall be utilized in standard usage for the context in which the word is used.

§ 540-6 Definitions.

Definitions identified with the initials "MLUL" are taken from the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. "RSIS" means the definition was taken from the Residential Site Improvement Standards, N.J.A.C. 5:21-1 et seq. The following terms shall have the meanings indicated:
ACCESSORY USE, BUILDING OR STRUCTURE
A use, building or structure customarily incidental and subordinate to the principal use, building or structure on the same lot.
ACID PRODUCING SOILS
Soils that contain geologic deposits of iron sulfide minerals (pyrite and marcasite) which, when exposed to oxygen from the air or from surface waters, oxidize to produce sulfuric acid. Acid producing soils, upon excavation, generally have a pH of 4.0 or lower. After exposure to oxygen, these soils generally have a pH of 3.0 or lower. Information regarding the location of acid producing soils in New Jersey can be obtained from local Soil Conservation District offices.
ACTIVE RECREATION AREAS
Facilities that include parks, playgrounds, playing fields for universally recognized sports, playing courts for universally recognized sports, multipurpose areas and fields, swimming pools and areas, such as lakes, ponds and rivers, walking and bicycle trails and paths, and indoor and outdoor recreational facilities and associated amenities.
AFFORDABLE DWELLING UNIT
A very-low-, low- or moderate-income dwelling unit as defined by New Jersey State law.
AFFORDABLE HOUSING DEVELOPMENT
A development of dwelling units included in the Eastampton Township Housing Element and Fair Share Plan or identified in this chapter including, but not limited to, an inclusionary development that may consist entirely of housing or a mix of housing and nonresidential uses, and a 100% affordable housing.
AGE-RESTRICTED DEVELOPMENT
A development consisting of a residential community provided for permanent residents, in which the residential property and related open space are owned by a mutual nonprofit corporation, condominium association or other homeowners' association or entity, where 80% of the dwellings are occupied by at least one person age 55 or over (the "age-qualified occupant") and no other permanent occupant is under the age of 19, except for any occupant who is the widow or widower or life partner of a deceased age-qualifying occupant may continue to occupy a dwelling so long as at least 80% of the occupied dwellings are each occupied by at least one age-qualifying occupant, in accordance with the provisions of the federal Fair Housing Act, 42 U.S.C. § 3601 et seq., as amended by the Housing for Older Persons Act of 1995, 42 U.S.C. § 3607(b)(2)(C), the applicable zoning provisions of the Township of Eastampton and the requirements of the New Jersey Department of Community Affairs.
AGRICULTURE
The production, keeping or maintenance, for sale, lease or personal use, of plants and animals useful to man, including but not limited to forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, or any grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or lands devoted to a soil conservation, forestry management or wetlands mitigation program. In addition, the following agricultural-related uses shall be considered under this definition: agritourism and ecotourism operations, cooperative wholesale agricultural product distribution facilities, commercial equestrian and ranch facilities, riding and boarding stables, farm stands, retail sales of equipment and supplies related to equestrian or riding operations and wineries on lands used for orchards for the growing of grapes and other fruits. (The use of products grown off-site shall be permissible for wineries.) "Agriculture" shall include all activities identified as permissible under the New Jersey Right to Farm Act (as amended by P.L. 1998, c. 48), N.J.S.A. 4:1C-9.
AISLE
The traveled way by which motor vehicles enter and depart parking spaces according to RSIS.
ALLEY
A public or private street primarily designed to serve as a secondary access to the side or rear of those properties whose principal frontage is on some other street.
ALTERATION
As applied to a building or structure, a change or rearrangement in the structure parts or in the existing facilities or an enlargement, whether by extension of a side or by increasing in height or by moves from one location or position to another.
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 telecommunications signals or other communication signals.
APARTMENT
A room or suite of rooms with private bath and kitchen facilities used as an independent self-contained single dwelling unit located in a building containing three or more dwelling units.
APPLICANT
Any person, firm, partnership, corporation or public agency submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application or appeal forms, together with the required fees and all accompanying documents required by this chapter for approval of a subdivision plant, site plan, planned development, conditional use, zoning variance or direction for issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36 according to the MLUL.
APPROVING AUTHORITY
The Eastampton Township Joint Land Use Planning Board.
BALCONY
An unroofed outdoor living area cantilevered from the facade of a building on second or higher floors extending no more than 10 feet therefrom or as otherwise regulated in this chapter.
BALLED-AND-BURLAPPED
A tree or shrub prepared for transplanting by allowing the roots to remain covered by a ball of soil around which canvas or burlap is tied according to American Standard for Nursery Stock (ANSI Z60.1).
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 6.5 feet.
BED-AND-BREAKFAST
The use of a private home to offer overnight accommodations and food service, primarily breakfast, for paying guests. The ownership and management of the bed-and-breakfast must be under the owner of the property. Prior to operation, a bed-and-breakfast must complete any required registrations with the State of New Jersey, Bureau of Housing Inspection, and must secure any required food-handling permits from the Township of Eastampton and/or Burlington County.
BEDROOM
A private room planned and intended for sleeping, separated from other rooms by a door, and accessible to a bathroom without crossing another bedroom.
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, as defined by RSIS.
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 bicycles, as defined by RSIS.
BICYCLE-COMPATIBLE ROADWAY
A road designed to accommodate the shared use of the roadway by bicycles and motor vehicles.
BIKE PATH
An unobstructed right-of-way designed, marked and paved exclusively for the use of foot-powered, non-motorized bicycles.
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 designed for the exclusive use of bicycles or are to be shared with other transportation modes as defined by RSIS.
BLOCK
The area bounded by one or more streets or a municipal boundary and of sufficient size to accommodate a lot or lots of the minimum size required in this chapter and as further specified herein.
BUFFER
An area within a property or site generally adjacent to and parallel with the property line, consisting of either natural existing vegetation or created by the use of trees, shrubs, berms or fences.
BUFFER STRIP
A continuous strip of trees and/or shrubs, not less than 10 feet in depth and not less than six feet in height, densely planted so as to restrict a clear view beyond said strip.
BUILDING
A combination of material to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof as defined by the MLUL.
BUILDING AREA
The aggregate of the areas of all enclosed and roofed spaces of the principal building and all accessory buildings. Such areas shall be computed by using outside building dimensions measured on a horizontal plane at ground level.
BUILDING COVERAGE
The percentage of the lot area which may be devoted to building area.
BUILDING FRONT
That exterior wall of a building facing a lot's frontage as defined as "lot frontage."
BUILDING HEIGHT
The vertical dimension measured from the average elevation of the finished grade at the perimeter of the building to the highest point of the roof.
BUILDING INSPECTOR
The officially established Construction Official of the Township of Eastampton.
BUILDING LINE
A line formed by the vertical projection to the ground of the exterior surface of the building on any side. In case of a cantilevered or projected section of a building, the vertical projection will coincide with the surface nearest the lot line. A building line shall not be closer to the street line than the required front yard depth.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use of the lot, to which all other buildings on the lot are accessory.
BUILDING, SETBACK LINE
An established line within a property defining the minimum required distance between the facade of any structure to be erected and an adjacent right-of-way, street line or property line.
BULK
The term used to describe the size of buildings or other structures and their relationship to each other, to open areas such as yards, and to lot lines and includes the size, height and floor area of a building or other structure; the relation of the number of dwelling units in a residential building to the area of the lot (defined as residential density); and all open areas in yard space relating to buildings and other structures.
BULK REGULATIONS
Requirements 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, lot dimension, setback, height, floor area ratio, and yard or other requirements affecting the physical placement of buildings and structures on a lot.
CABLE TELEVISION COMPANY
A cable television company as defined pursuant to Section 3 of P.L. 1972, c. 186 (N.J.S.A. 48:5A-3).
CALIPER
The diameter of a tree trunk measured, in inches, six inches above ground level for trees up to four inches in diameter and measured 12 inches above ground level for trees over four inches in diameter.
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 in accordance with P.L. 2021, c. 16,[1] for use in cannabis products as set forth in this Act, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. "Cannabis" does not include: medical cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.), and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.) marijuana as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in Chapters 35, 35A, and 36 of Title 2c of the New Jersey Statutes, or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marijuana as defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied to any offense set forth in the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).
CANNABIS CONSUMPTION AREA
As further described in Section 28 of P.L. 2019, c. 153 (N.J.S.A. 24:6I-21), a designated location operated by a licensed cannabis retailer or permit holder for dispensing medical cannabis, for which both a state and local endorsement has been obtained, that is either: 1) an indoor, structurally enclosed area of the cannabis retailer or permit holder that is separate from the area in which retail sales of cannabis items or the dispensing of medical cannabis occurs; or 2) an exterior structure on the same premises as the cannabis retailer or permit holder, either separate from or connected to the cannabis retailer or permit holder, at which cannabis items or medical cannabis either obtained from the retailer or permit holder, or brought by a person to the consumption area, may be consumed.
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.
CANNABIS DELIVERY SERVICE
Any licensed person or entity that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which, after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer. This person or entity shall hold a Class 6 cannabis delivery license.
CANNABIS DISTRIBUTOR
Any licensed person or entity that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities. This person or entity shall hold a Class 4 cannabis distributor license.
CANNABIS ESTABLISHMENT
A cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.
CANNABIS EXTRACT
A substance obtained by separating resins from cannabis by: 1) a chemical extraction process using a hydrocarbon-based solvent, such as butane, hexane, or propane; 2) a chemical extraction process using the hydrocarbon-based solvent carbon dioxide, if the process uses high heat or pressure; or 3) any other process identified by the Cannabis Regulatory Commission by rule or regulation.
CANNABIS ITEM
Any usable cannabis, cannabis product, cannabis extract, and any other cannabis resin. "Cannabis item" does not include: any form of medical cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.), and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).
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, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 2 cannabis manufacturer license.
CANNABIS PARAPHERNALIA
Any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing a cannabis item into the human body. "Cannabis paraphernalia" does not include drug paraphernalia as defined in N.J.S.A. 2C:36-1 and which is used or intended for use to commit a violation of Chapter 35 or 36 of Title 2C of the New Jersey Statutes.
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 other cannabis resin by itself.
CANNABIS RESIN
The resin extracted from any part of the plant Cannabis sativa L., including cannabis extract and resin extracted using nonchemical processes, processed and used in accordance with P.L. 2021, c.16. "Cannabis resin" does not include: any form of medical cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A 24:6I-1 et seq.); and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); hashish as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or as defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied to any offense of the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).
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 which will be delivered by the cannabis delivery service to that consumer. This person or entity shall hold a Class 5 cannabis retailer license.
CANNABIS TESTING FACILITY
An independent, third-party entity meeting accreditation requirements established by the Cannabis Regulatory Commission that is licensed to analyze and certify cannabis items and medical cannabis for compliance with applicable health, safety, and potency standards.
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.
CANOPY
A roof-like structure open to the elements, which is used to protect outdoor equipment, such as motor fuel dispensers, or a pedestrian walkway.
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 as defined by RSIS.
CELLAR
A story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the permissible number of stories, nor shall it be considered in the calculation of habitable area, as called for in various residential districts. (See "basement.")
CHANNEL
Any natural or man-made waterway or course through which to convey the constant or intermittent flow of water as defined by RSIS.
CHILD CARE CENTER
Any home or facility that is maintained for the care, development, or supervision of six or more children under 13 years of age who attend the center for less than 24 hours a day and may include, but not be limited to, day care centers; drop-in centers; night-time centers; recreation-type centers sponsored and operated by a county or municipal government recreation or park department or agency; day nurseries; nursery and play schools; cooperative child centers; centers for children with special needs; centers serving sick children; infant-toddler programs; school-age child care programs; employment-related centers; centers that had been licensed by the Department of Human Services prior to the enactment of the Child Care Center Licensing Act of 1984; and kindergartens and pre-kindergartens that are not an integral part of a private educational institution or system offering elementary education in grades kindergarten through sixth grade pursuant to N.J.S.A 30:5B-1 et seq.
CHURCH
See "house of worship."
CLINIC
An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one or more of a group of physicians, dentists, psychologists or social workers practicing together.
CLUB, SOCIAL OR FRATERNAL
An organization catering exclusively to members and their guests, including premises and buildings for social, recreational, athletic or other purposes, which are not conducted primarily for financial gain, provided that there are no vending stands, merchandising or commercial activities conducted, except as required generally for the membership and purpose of such club and within the property boundaries of such facilities.
COMMERCIAL BUILDING
A building, the principal use of which is commercial use.
COMMERCIAL USE OR PURPOSE
Any use permitted in a commercial district.
COMMISSION
The Cannabis Regulatory Commission established pursuant to Section 31 of P.L. 2019, c. 153 (N.J.S.A. 24:6I-24).
COMMON OPEN SPACE
Pursuant to the MLUL, 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 or 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 which are 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 a necessary and appropriate for the benefit of the residents and owners of the development.
COMPLETELY ENCLOSED BUILDING
A building separated on all sides from the adjacent open area or from other buildings or structures by a permanent roof and by exterior walls or party walls, pierced only by windows or doors normally provided for the accommodation of persons, goods or vehicles. However, a parking structure, which has less than 50% of its outer wall space open, shall be considered a completely enclosed building.
CONDITIONAL LICENSE
A temporary license designated as either a Class 1 cannabis cultivator license, a Class 2 cannabis manufacturer license, a Class 3 cannabis wholesaler license, a Class 4 cannabis distributor license, a Class 5 cannabis retailer license, or a Class 6 cannabis delivery license that allows the holder to lawfully act as a cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis distributor, cannabis retailer, or cannabis delivery service as the case may be, which is issued pursuant to an abbreviated application process, after which the conditional license holder shall have a limited period of time in which to become fully licensed by satisfying all of the remaining conditions for licensure which were not required for the issuance of the conditional license.
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 requirements for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Land Use Planning Board. Conditional uses are specified by zoning district within this chapter.
CONSERVATION AREA
An environmentally sensitive area with characteristics such as steep slopes, wetlands, floodplains, high water tables, forest areas, threatened and endangered species habitat, or dunes, or areas of significant biological productivity or uniqueness that have been designated for protection from any activity that would significantly alter their ecological integrity, balance, or character.
CONSTRUCTION OFFICIAL
The Township official specified in the Building Code and designated as such by the Township Council.
CONSTRUCTION YARDS
Facilities used for indoor and outdoor storage of construction equipment, vehicles and material. Outdoor storage of equipment, vehicles and material shall be fully enclosed and screened from adjacent properties and the street. This term shall include a building or buildings in which business offices and the maintenance and repair of equipment and vehicles are located. The repair and maintenance of construction equipment and vehicles shall occur indoors.
CONSUMER
A person 21 years of age or older who purchases, directly or through a cannabis delivery service, acquires, owns, holds, or uses cannabis items for personal use by a person 21 years of age or older, but not for resale to others.
CONSUMPTION
The act of ingesting, inhaling, or otherwise introducing cannabis items into the human body.
CONTAINER
A tree or shrub prepared for transplanting by allowing the roots to remain covered by a soil enclosed within a container according to American Standard for Nursery Stock (ANSI Z60.1).
CONTIGUOUS LAND
Land and parcels which abut each other or are separated only by streets, ways, pipelines, electrical power lines, conduits or other rights-of-way owned or controlled by others.
CONVENIENCE STORE
A retail establishment of up to 5,000 square feet selling primarily food products, beverages, newspapers, magazines and periodicals, candy, cigarettes, household items, and a limited amount of freshly prepared foods such as sandwiches, salads, similar items for off-premises consumption.
CONVENTIONAL DEVELOPMENT
Any development other than planned development.
CORPORATE OFFICE
A building comprising more than 10,000 square feet of gross floor area in which at least half is rented or occupied by a single business entity or firm and whose primary business is to serve as a regional, national or international center.
COUNTY MASTER PLAN
Composite of the Master Plan for the physical development of the county in which the Township is located, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27 and N.J.S.A. 40:27-4.
COUNTY PLANNING BOARD
The Burlington County Planning Board.
COURT, OUTER
An open, unoccupied space enclosed on not more than three sides by the exterior walls of a building.
COURTYARD or COURT, INNER
An open, unoccupied space enclosed on all sides by the exterior walls of a building.
COVERAGE
BUILDING COVERAGE — The building area covered by all buildings on a lot, including all roofed areas on a lot, fixed or temporary, expressed as a percentage of the lot area.
IMPERVIOUS COVERAGE — The building coverage, plus the area of all paved surfaces which cover a lot, such as required parking spaces, including necessary maneuvering areas, passageways and driveways giving access thereto, service areas, accessways, streets, walkways, patios and plazas.
CRITICAL ROOT RADIUS (CRR)
T the zone around the base of a tree where the majority of the root system is found. This zone is calculated by multiplying the diameter at breast height (DBH) of the tree by 1.5 feet. For example: a tree with a 6" DBH would have a CRR = 6"x1.5' = 9'.
CURB
A vertical or sloping edge of roadway constructed of concrete, Belgian block, or stone.
CURB LEVEL
The permanently established grade of the street in front of a lot.
DAMS AND EMBANKMENTS
Artificial dikes, levees, or other barriers, with appurtenances, for the purpose of impounding or retaining water as defined by RSIS.
DAYS
Calendar days.
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 as defined by RSIS.
DELIVERY
The transportation of cannabis items and related supplies to a consumer. "Delivery" also includes the use by a licensed cannabis retailer of any third-party technology platform to receive, process, and fulfill orders by consumers, which third party shall not be required to be a licensed cannabis establishment, distributor, or delivery service, provided that any physical acts in connection with fulfilling the order and delivery shall be accomplished by a certified cannabis handler performing work for or on behalf of the licensed cannabis retailer, which includes a certified cannabis handler employed or otherwise working on behalf of a cannabis delivery service making off-premises deliveries of consumer purchases fulfilled by that cannabis retailer.
DENSITY
The permitted number of dwelling units per gross area of land to be developed pursuant to the MLUL; gross density.
DEPARTMENT
The New Jersey Department of Health.
DESIGNATED USE AREA
An area shown on a plan of a planned development wherein particular types of dwelling units and commercial, industrial and/or common open space are situated and that is employed for the purpose of calculating the maximum net density and/or area requirements applicable to the designated use. Such designated use area shall include land covered by particular uses, internal local streets or minor accessways, pedestrianways and all private yards, but not development collector streets. The boundaries of such areas may, but need not, be the same with any existing or proposed record lot lines.
DEVELOPER
The legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development, including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
The division of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining excavation or landfill; and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq.
DEVELOPMENT APPROVAL
Any approval granted by an approval agency, including appeals to the governing body, except certificates of occupancy and variances, pursuant to N.J.S.A. 40:55D-70, which do not otherwise include issuance of a construction permit, subdivision or site plan approval.
DEVELOPMENT FEE
Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.
DEVELOPMENT PERMIT
Any permit or certificate of compliance required to be issued for any development regulated by this chapter, Chapter 460, Subdivision of Land and Site Plan Review, or the Township of Eastampton Official Map Ordinance.
DEVELOPMENT REGULATION
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 any mining, excavation of landfill, and any use or change in use of any building or other structure or land or extension of use of land, for which permission may be required, pursuant to MLUL.
DIAMETER AT BREAST HEIGHT (DBH)
The diameter of the trunk of a mature tree generally measured at a point 4 1/2 feet above ground level from the uphill side of the tree. For species of trees where the main trunk divides below the 4 1/2 foot height, the DBH shall be measured at the highest point before any division.
DISTRICT
A portion of the territory of the Township of Eastampton, within which certain regulations and requirements or various combinations thereof apply, pursuant to the provisions of this chapter.
DISTRICT BOUNDARY LINE
The lines enclosing a district, as shown on the Zoning Map. Any uncertainty as to the location of the district boundaries, as shown on the Zoning District Map, shall be resolved pursuant to Article III, § 540-9, of this chapter.
DISTRICT BOUNDARY LOT
Any lot line of any lot or parcel of land, which coincides with a district boundary line or which is contiguous to any public or private right-of-way, containing a district boundary line.
DRAINAGE
The removal of surface water or groundwater from land by drains, grading, or other means, including the 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 non-point pollution, to maintain the biological function of stream channels, the means necessary to preservation an adequate water supply, and the prevention or alleviation of flooding, as defined by MLUL.
DRAINAGE FACILITY
Any component of the drainage system according to RSIS.
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of stormwater sewers and/or drainage ditches or the land area required along a natural stream, swale or other watercourse for preserving the channel or drainageway and providing for the flow or passage of water therein to safeguard the public from flood damage in accordance with the provisions of Township of Eastampton regulations or applicable state law.
DRAINAGE SYSTEM
Natural and man-made components that contain, convey, absorb, store, treat, or dispose of surface water runoff or groundwater according to RSIS.
DRIVE-THROUGH
A building or portion thereof, including a driving lane for motor vehicles to access a building or portion thereof, where: (1) the following food-related activities occur: (a) foods and beverages are sold to customers or patrons in a form ready for consumption; (b) the customers or patrons are not required to leave their motor vehicles in order to pick up foods and/or beverages; and (c) the consumption of the foods and/or beverages sold generally takes place outside the confines of the building and beyond the property lines; or (2) the following other transactional activities, which do not require the customers or patrons to leave their motor vehicles in order to pick up items or to be served, occur: (a) banking and related services are conducted; or (b) pharmaceuticals and related products, excluding cannabis and cannabis-related products, are acquired.
DRIVEWAY
According to RSIS, a defined paved or unpaved surface providing vehicular access to a street, and a driveway is not a road, street, boulevard, highway, or parkway.
DWELLING UNIT
One or more rooms for living purposes, together with separate cooking and sanitary facilities, which rooms are accessible from the outdoors, either directly or through an entrance hall shared with other dwelling units, and are used or intended to be used by one or more persons living together and maintaining a common household.
DWELLING, APARTMENT — One or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling unit in a building comprising three or more such units.
DWELLING, DUPLEX — A building containing two dwelling units each of which is totally separated from each other by a common party wall extending from basement to roof.
DWELLING, MULTIFAMILY — A building containing three or more dwelling units, including units that are located one over another.
DWELLING, SINGLE-FAMILY DETACHED — A building designed for and occupied exclusively as a residence for only one family and having no party wall in common with an adjacent building.
DWELLING, TOWNHOUSE — A building that has not less than three one-family dwelling units erected in a row as a single building on adjoining lots, each being separate from the adjoining unit or units by an approved masonry, party or partition wall or walls, thus creating distinct and non-communicating dwelling units.
DWELLING UNIT AREA
The area enclosed within the inside walls of the dwelling unit with a finished floor-to-structural-ceiling height of not less than seven feet six inches, excluding garages, porches and any spaces located below the top of the foundation wall.
DWELLING UNIT CONVERSION
The rebuilding, remodeling, addition, alteration, extension or enlargement or conversion, in any manner, of an existing building to increase the number of dwelling units contained therein.
EARTHBORNE VIBRATIONS
A cyclic movement of the earth due to the propagation of mechanical energy.
EASEMENT
An interest in land owned by another that entitles its owner to specific limited use or enjoyment.
EASEMENT, AGRICULTURAL — An easement that restricts land only for agricultural or farm purposes.
EASEMENT, CONVERSVATION — An easement generally prohibiting the construction of buildings and intended for protection of environmentally sensitive and/or important areas including, but not limited to, woodlands, stands of woods, grasslands, floodplains, wetlands, important view sheds, and other habitat.
EASEMENT, CROSS ACCESS — A portion of a property that is permanently reserved for the purpose of enabling vehicular and/or non-vehicular access between adjoining properties and may be either improved or unimproved.
EASEMENT, SIGHT — An easement that establishes a clear sight triangle to restrict the obstruction of the sight distance of motorists entering or leaving an intersection.
EAVE
The projecting lower edges of a roof overhanging the wall of a building.
ELECTRIC VEHICLE PARKING SPACE
A public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electrical energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle.
ELECTRICAL TRANSMISSION LINE
Electric lines carrying more than 230 kilovolts (kV).
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.
ENVIRONMENTALLY SENSITIVE AREAS
Areas having water bodies including streams, ponds and lakes, 100-year floodplains, freshwater wetlands, aquifer recharge areas, habitats for threatened or endangered species, high water table within one foot of the surface, slopes in excess of 25%, areas with sediment-producing, highly erodible or severely eroded soils, or areas with highly acidic soils, and the transition areas for the foregoing environmental resources.
ESSENTIAL UTILITIES
The erection, construction, alteration or maintenance by public utilities, telephone or municipal or other governmental agencies of underground or overhead gas, electric, steam, water or sewage transmission or distribution systems, including buildings, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other government agencies or for the public health, safety or general welfare.
FAMILY
One or more persons related by blood, marriage, adoption or guardianship, or any number of persons not so related occupying a dwelling unit and living as a single housekeeping unit.
FAMILY, IMMEDIATE — Those persons related by blood or legal relationship in the following manner: grandparents, grandchildren, parents, sons, daughters, brothers and sisters, aunts and uncles and first cousins.
FARM BUILDING
Any building used for the housing of agricultural equipment, produce, livestock or poultry or for the incidental or customary processing of farm products, and provided that such building is located on, operated in conjunction with and necessary to the operation of the farm, as defined by this chapter. The term "farm building" shall not include dwellings
FARM EMPLOYEE
Any person who earns income from employment on a commercial farm.
FARM LABOR-HOUSING UNIT
A new or existing single-family home or duplex occupied year-round by a farm employee or employees and their family members, provided at least one occupant works at least 27 weeks per year on the commercial farm. Family members include spouses and domestic partners, dependent adults and children. Dwelling units occupied by the commercial farm owner, his or her spouse or either of their children, parents or siblings are not farm labor-housing units.
FARM LABORER HOUSING, SEASONAL
One or more permanent structures occupied by farm employees who are employed during the growing season on the commercial farm where the seasonal farm labor-housing is located and vacated at least 90 consecutive days during a twelve-month period. Any housing occupied by the landowner or the commercial farm owner or either of their spouses, children, parents or siblings is not considered seasonal farm labor-housing.
FARM MANAGEMENT UNIT
A parcel or parcels of land, whether contiguous or noncontiguous, together with agricultural or horticultural buildings, structures and facilities, producing agricultural or horticultural products, and operated as a single enterprise.
FARM STAND
A facility used for the retail marketing of the agricultural output of a farm or agricultural use.
FARM, COMMERCIAL
Any parcel of land, five acres or larger in size, exclusive of any portion of the lot that is used for residential purposes, and which is engaged in and devoted to horticultural use as defined in N.J.S.A. 54:4-23.4, or agricultural use as defined in N.J.S.A. 54:4-23.3. Commercial farm shall have the same meaning and definition as found in the New Jersey Right to Farm Act, N.J.S.A. 4:1C-3, as may be amended from time to time.
FENCE or WALL
A structure that permanently or temporarily prohibits or inhibits unrestricted travel between properties or portions of properties or between the street or public right-of-way and a property.
FENCE BOARDS AND PANELS — Wide vertical members composed of either wood, vinyl or metal that create a solid or partially solid fence cover material having a thickness of up to one inch and a facial or coverage width of four inches or more.
FENCE COVER MATERIAL — The face or fill material attached to a fence structural frame.
FENCE HARDWARE — The components required to permanently and securely erect a fence including, but not limited to, bolts, screws, nuts, post caps, cross braces, gates, hinges, straps, latches, hasps, handles, closers, and related items.
FENCE PICKETS — Narrow vertical members which are either wood that is sawn, split, sliced, milled, natural round or half round having approximately two to four inches in face or coverage width, or vinyl extruded or formed having a round or rectangular cross-section that is two to four inches in face or coverage width, or metal that is fabricated, cast, extruded or formed having a rectangular cross-section with dimensions one inch or less and a durable, non-reflective black coating resembling wrought iron.
FENCE POSTS — The vertical structural support members of the fence frame composed of wood, vinyl covering structural wood or metal, or metal.
FENCE SLATS or WEAVE BOARDS — The horizontal or vertical members used in basket-weave-type fences, normally 3/8 to 3/4 inch thick and three inches or wider in nominal width.
WALL, FREESTANDING — A self-supporting vertical structure.
WALL, RETAINING — A structure that is constructed between lands of different elevations to stabilize the surfaces, prevent erosion, and/or protect structures.
FLOODWAY
An area of a watercourse and adjacent land defined by the Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq., and regulations promulgated there under published at N.J.A.C. 7:13 et seq., and any supplementary or successor legislation and regulations from time to time enacted or promulgated.
FLOOR AREA RATIO
The total gross floor area of all buildings or structures on a site, divided by the total area of the site.
FLOOR AREA, TOTAL
The sum of the gross horizontal areas of all floors of any building or buildings on a lot, measured from the interior walls. In particular, the total floor area shall be any basement or cellar space which has been improved for residential purposes (but in no case may that space, which is included as part of the total floor area, exceed 20% of the total basement area); all space, other than basement or cellar spaces, with structural headroom of at least seven feet six inches and all interior balconies and mezzanines.
FOOTCANDLE
A unit of illumination. Technically, the illumination at all points one foot distant from a uniform point source of one candlepower.
FRATERNAL ORGANIZATION
A group of people formally organized for a common interest, business or pleasure. Such groups shall be defined to be similar but not limited to organizations such as the Masonic Lodge, Knights of Columbus, etc.
GARAGE
A deck, building, or parking structure, or part thereof, used or intended to be used for the parking and storage of vehicles.
GARAGE, COMMERCIAL — An accessory structure used for the parking and storage of vehicles used in the operation of a nonresidential use, or their customers or employees, that is not available to the general public.
GARAGE, PRIVATE — A building or space accessory to a residence which provides the storage of motor vehicles and in which no occupation, business or service for profit is carried on.
GARAGE, PUBLIC — Any garage, other than a private garage, available to the public, operated for gain, and which is used for the equipping, adjusting, storage, rental, repair, greasing, washing, polishing or other cleaning or servicing of automobiles or other motor vehicles, including the supply of gasoline or oil or other fuel for vehicular propulsion.
GOVERNING BODY
The Township Council of the Township of Eastampton.
GRADE, FINISHED
The completed surfaces of lawns, walks and roads brought to grades as shown on official plans.
GREEN STORMWATER MANAGEMENT INFRASTRUCTURE
A stormwater management measure that manages stormwater close to its source by treating stormwater runoff through infiltration into subsoil and filtration by vegetation or soil, or storing stormwater runoff for reuse.
GROSS FLOOR AREA
The sum of the gross horizontal areas of every floor of a building, measured from the inside face of exterior walls or from the centerline of party or common walls.
GROSS HABITABLE FLOOR AREA
The sum of the gross horizontal areas of the floor or floors of a building that are enclosed and usable for human occupancy. Said areas shall be measured between the inside face of exterior walls or from the centerline of walls separating two dwelling units. Said areas shall not include garage space or accessory building space.
GROSS LEASABLE AREA
The total floor area designed for tenant occupancy, including basements, mezzanines and upper floors, if any, expressed in square feet, measured from center lines of joint partitions and exteriors of outside walls. The gross leasable area does not include the area of any common malls, walkways or public facilities, equipment and mechanical rooms and penthouses or truck docks.
HABITABLE FLOOR
Any floor with a minimum height of 6 1/2 feet including the basement, usable for living purposes, which includes working, sleeping, eating, cooking or recreational functions, or a combination thereof. A floor usable only for storage shall not be considered a habitable floor.
HABITABLE ROOM
Any room or enclosed space that complies with "habitable floor" and is used or intended to be used for sleeping, living, cooking or dining purposes; excluding, however, kitchens having less than 70 square feet of floor area, and further excluding such enclosed places as utility rooms, closets, pantries, bath or toilet rooms, hallways, cellars, storage spaces, garages and similar spaces.
HEAVY CONSTRUCTION EQUIPMENT AND VEHICLES
Tracked and wheeled equipment and vehicles used for earthmoving, excavating, lifting and moving material, preparing sites for construction, and constructing buildings and structures. This term shall include stationary equipment that is used for site preparation, and building and structure construction, such as air compressors, dewatering equipment, and similar types of equipment.
HEIGHT OF CONIFERS
A measurement taken at the midpoint between the uppermost whorl(s) and the tip of the leader from the top of the root flare according to American Standard for Nursery Stock (ANSI Z60.1).
HEIGHT OF SIGN
The vertical distance, measured between grade and the highest point of the highest element of the sign, excluding any incidental structural element, such as an uplift cable for a projecting sign.
HOME OCCUPATION
Any nonresidential use conducted entirely within a dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and in connection with which there is no display, no stock-in-trade or commodities sold upon the premises, and complies with § 540-52, conditional uses. Beauty shops, barbershops and similar occupations shall not be included as permitted "home occupations."
HOSPITAL
An institution providing health services and medical or surgical care to persons, primarily temporary inpatients suffering from illness, disease, injury, deformity or other abnormal physical or mental condition, and including as an integral part of the institution related facilities, such as laboratories, outpatient facilities or training facilities. The term "hospital" does not include institutions for the permanent care of, or occupation by, the poor, infirm, incurable or insane.
HOTEL
A commercial establishment containing 20 or more individual sleeping rooms or suites, excluding accommodations for employees, each having a private bath attached thereto, for the purpose of providing overnight lodging facilities to the general public for compensation, with or without meals, and in which ingress and egress to and from all rooms may be made through an inside office or lobby, supervised by a person in charge at all hours. For the purposes of this chapter, "overnight" shall mean continued occupancy of a room or suite by the same person or persons for a period not to exceed 14 days.
HOUSEHOLD
All the people who occupy a housing unit.
HOUSING UNIT
A room or group of rooms used by one or more individuals living separately from others in the structure, with direct access to the outside or to a public hall and containing separate bedroom, bathroom and kitchen facilities.
HOUSING, MULTI-GENERATIONAL
Housing designed to accommodate separate households consisting of two or more generations of immediate and related family members, which include an housing owner's parent, sibling, aunt, uncle, niece, grandparent, grandchild, son-in-law, daughter-in-law, stepparent, stepchild, stepbrother, stepsister, half-brother, or half-sister, in separate attached, connected, or internal housing units. No separate utility meters shall be installed in the dwelling unit/structure. Multi-generational housing shall not be rented, leased or operated as part of a bed-and-breakfast.
IMPERVIOUS COVERAGE
The total area of impervious surfaces divided by the total lot area.
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.
INSTITUTIONAL USE
Any land used for the following public or private purposes: educational facilities, including universities, colleges, elementary and secondary and vocational schools, kindergartens and nurseries; cultural facilities, such as libraries, galleries, museums, concert halls, theaters and the like; hospitals and convalescent facilities as are integral to the operation of the hospital; medical and health service facilities, including nursing homes; supervised residential institutions, rehabilitation therapy centers and public health facilities; law enforcement facilities; military facilities; and other similar facilities.
JOINT LAND USE PLANNING BOARD
The Land Use Planning Board of the Township of Eastampton.
JUNKYARD
Any area and/or structure used or intended to be used for the conducting and operating of the business of selling, buying, storing or trading in used or discarded metal, glass, paper, cordage or any used or broken fixtures or equipment of any kind.
KENNEL
An establishment in which dogs or domesticated animals are housed, groomed, bred, boarded, trained, or sold, all for a fee or compensation.
LAKE, POND, or RESERVOIR
Any surface water body shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management Rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys; that is an impoundment, whether naturally occurring or created in whole or in part by the building of structures for the retention of surface water. This excludes sedimentation control and stormwater retention/detention basins and ponds designed for treatment of wastewater.
LAND
Real property including improvements and fixtures on, above, or below the surface.
LANDLOCKED
A lot or parcel of land without direct access to a public street.
LANDSCAPE PLAN
A plan clearly indicating the type of plant material to be incorporated into the overall design of the site. Such plan, at a minimum, shall show the texture, quantity, seasonal qualities, heights, size, spacing and organization of such plant material.
LEAF
The leaf of the plant Cannabis sativa L. within the plant family Cannabaceae.
LICENSE
A license issued under P.L. 2021, c. 16,[2] including a license that is designated as either a Class 1 cannabis cultivator license, a Class 2 cannabis manufacturer license, a Class 3 cannabis wholesaler license, a Class 4 cannabis distributor license, a Class 5 cannabis retailer license, or a Class 6 cannabis delivery license. The term includes a conditional license for a designated class, except when the context of the provisions of P.L. 2021, c.16, otherwise intend to only apply to a license and not a conditional license.
LICENSEE
A person or entity that holds a license issued under P.L. 2021,[3] c. 16, including a license that is designated as either a Class 1 cannabis cultivator license, a Class 2 cannabis manufacturer license, a Class 3 cannabis wholesaler license, a Class 4 cannabis distributor license, a Class 5 cannabis retailer license, or a Class 6 cannabis delivery license, and includes a person or entity that holds a conditional license for a designated class, except when the context of the provisions of P.L. 2021, c.16., otherwise intend to only apply to a person or entity that holds a license and not a conditional license.
LICENSEE REPRESENTATIVE
An owner, director, officer, manager, employee, agent, or other representative of a licensee, to the extent that the person acts in a representative capacity.
LIGHTING MANUFACTURING
The processing, fabricating, assembly, or disassembly of items that takes place wholly within an enclosed building, does not involve the use or production of flammable, explosive, or other hazardous materials, and does not create and emit fumes, gases, smokes, vapors, vibrations, noise or glare or other factors that are regarded as nuisances that would cause adverse effect to the users of adjacent land.
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 for loading or unloading.
LOCAL UTILITY
Any sewerage authority created pursuant to the Sewerage Authorities Law, P.L. 1946, c. 138 (N.J.S.A. 40:14A-1 et seq.); any utilities authority created pursuant to the Municipal and County Utilities Authorities Law, P.L. 1957, c. 183 (N.J.S.A. 40:14B-1 et seq.); or any utility, authority, commission, special district or other corporate entity not regulated by the Board of Regulatory Commissioners under Title 48 of the Revised Statutes that provides gas, electricity, heat, power, water or sewer service to the Township or the residents thereof.
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, DOUBLE FRONTAGE — A lot having frontage on two nonintersecting streets.
LOT FRONTAGE — The horizontal distance measured along the full length of a street line abutting the lot line. In the case of corner lots, the shorter of the two street lines shall be considered as the frontage.
LOT, INTERIOR — A lot other than a corner lot.
LOT AREA
An area of land enclosed by the boundary line of the lot and expressed in terms of square feet or acres. Any portion of a lot included in a public right-of-way shall not be included in calculating lot area.
LOT DEPTH
A mean horizontal distance between the front and rear lot lines, measured at right angles to a chord connecting the intersection points of the side lot lines and the front lot lines. The lot depth for a corner lot shall be measured from the front lot line that is the shorter of the two street lines to the lot line that is opposite to said front lot line. The lot depth for a double frontage lot shall be the mean horizontal distance between the two front lot lines measured at right angles to a cord connecting the intersection points of the side lot lines and front lot lines.
LOT LINE, FRONT
In the case of an interior lot abutting upon only one street, the street line separating such lot from such street line. In the case of a double frontage lot, the front lot line shall be considered the line closest to the front door of the property. The other street line shall be considered the rear lot line. In the case of a corner lot, the shorter street line separating such lot from a street shall be considered to be the front lot line.
LOT LINE, REAR
That lot line which is parallel to and most distant from the front lot line of the lot; provided, however, that, in the case of irregular, triangular or gore-shaped lots, a line 20 feet in length, entirely within the lot, parallel to and at the maximum possible distance from the front lot line, shall be considered to be the rear lot line.
LOT LINE, SIDE
Any lot line not a front lot line or a rear lot line.
LOT OF RECORD
A parcel of land which is a lot in a subdivision recorded on the records of the Recorder of Deeds of Burlington County or which is described by a metes and bounds description that has been so recorded.
LOT WIDTH
The distance between the side lot lines measured at right angles to its depth at the front setback line.
LOT, CORNER
A lot bounded on two or more sides by a public right-of-way.
LOT, MINIMUM AREA OF
The smallest lot on which a particular use or structure may be located in a particular district.
MAINTENANCE BUILDING
An ancillary structure whose purpose is to contain equipment, machinery, parts and supplies for the upkeep and repair of the principal building(s) and the site on which the principal building(s) is(are) located. The maintenance building and the principal building(s) that it serves shall be located on the same site. No outside building maintenance business shall be operated within the maintenance building.
MAINTENANCE GUARANTY
Any security which may be accepted by a municipality for the maintenance of any improvements required by the Township, including but not limited to surety bonds, letters of credit under the circumstances specified in Section 16 of P.L. 1991, c. 256 (N.J.S.A. 40:55D- 53.5), and cash.
MANUFACTURE
The drying, processing, compounding, or conversion of usable cannabis into cannabis products or cannabis resins. "Manufacture" does not include packaging or labeling.
MASTER PLAN
A composite of one or more written or graphic proposals for the development of the municipality as set forth and adopted by the Joint Land Use Planning Board pursuant to N.J.S.A. 40:55D-28.
MATURE CANNABIS PLANT
A cannabis plant that is not an immature cannabis plant.
MEDICAL CANNABIS
Cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.), and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.). "Medical cannabis" does not include any cannabis or cannabis item which is cultivated, produced, processed, and consumed in accordance with P.L. 2021, c.16.
MICROBUSINESS
A person or entity licensed under P.L. 2021, c. 16[4] as a cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis distributor, cannabis retailer, or cannabis delivery service that may only, with respect to its business operations, and capacity and quantity of product: 1) employ no more than 10 employees; 2) operate a cannabis establishment occupying an area of no more than 2,500 square feet, and in the case of a cannabis cultivator, grow cannabis on an area no more than 2,500 square feet measured on a horizontal plane and grow above that plane not higher than 24 feet; 3) possess no more than 1,000 cannabis plants each month, except that a cannabis distributor's possession of cannabis plants for transportation shall not be subject to this limit; 4) acquire each month, in the case of a cannabis manufacturer, no more than 11,000 pounds of usable cannabis; 5) acquire for resale each month, in the case of a cannabis wholesaler, no more than 1,000 pounds of usable cannabis, or the equivalent amount in any form of manufactured cannabis product or cannabis resin, or any combination thereof; and 6) acquire for retail sale each month, in the case of a cannabis retailer, no more than 1,000 pounds of usable cannabis, or the equivalent amount in any form of manufactured cannabis product or cannabis resin, or any combination thereof.
MIXED USE
Two or more different uses, one of which is residential.
MOBILE HOME
A residential dwelling that was fabricated in an off-site manufacturing facility, designed to be a permanent residence, built on a permanent chassis, and manufactured in accordance with the standards promulgated for a manufactured home pursuant to the "National Manufactured Housing Construction and Safety Standards Act of 1974, "P.L. 93-383 (43 U.S.C. 5401 et seq.) and the standards promulgated for a manufactured mobile home pursuant to the "State Uniform Construction Code Act," N.J.S.A. 52:27D-119, et seq. Travel trailers and campers shall not be considered mobile homes.
MOTEL
Any building containing more than 10 occupancy units which are rented or hired out to provide overnight lodging to the general public, with parking places adjacent to the bedrooms, and which is subject to the laws and regulations of the State of New Jersey. For the purposes of this chapter, "overnight" shall mean continued occupancy of a room by the same person or persons for a period not to exceed 14 days.
MOTOR VEHICLE 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.
MOTOR VEHICLE REPAIR GARAGE OR SHOP
Any commercial premises used for the minor and major repair or servicing of motor vehicles, but not including motor vehicle wrecking, salvage or disassembly, and motor vehicle body shops.
MOTOR VEHICLE SALES
The use of any combination of a building and land for the display and sale of new and used passenger vehicles and light-duty trucks, vans, trailers or recreation vehicles, including vehicle preparation, minor repair, body work, and vehicle accessory and parts sales as accessory uses. The sale of junked vehicles and equipment shall be prohibited.
MOTOR VEHICLE SERVICE STATION
Any building, land area or other premises or portion thereof used or intended to be used for the retail dispensing or sales of motor vehicle fuels, which activity may be accompanied by accessory uses, such as the sale of lubricants, tires, accessories or supplies, minor repairing of passenger vehicles and light-duty trucks, a convenience store with a gross floor area of less than 1,000 square feet or a single-bay auto wash; provided, however, that motor vehicle wrecking, salvage or disassembly, major repairing of motor vehicles, parking or storing of motor vehicles for hire and the operation of more than one towing vehicle shall not be deemed permissible accessory uses of an motor vehicle service station.
MOTOR VEHICLE WRECKING, SALVAGE OR DISASSEMBLY YARD
The premises upon which is conducted any business or place of storage or deposit whereon are located two or more unregistered motor vehicles which are unfit for reconditioning for use for highway transportation or the used parts of motor vehicles or materials which have been a part of a motor vehicle, the sum of which parts or material shall be equal in bulk to two or more motor vehicles. Operations described as a motor vehicle junk business or a motor vehicle junkyard shall be included.
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, whose size, dimension or location of which, was lawful prior to the adoption, revision, or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision, or amendment.
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.
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 on a contiguous portion of a street right-of-way or drainage or utility easement.
OFF-TRACT
Not located on the property which is the subject of a development application or on a contiguous portion of a street right-of-way or drainage or utility easement.
OFF-TRACT IMPROVEMENTS
Improvements required to be made off-tract as a result of an application for development.
ON-SITE
Located on the lot in question.
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 land, which shall include recreational facilities and municipal public buildings for purposes other than recreation, title to which may be deeded to the Township without reservation or condition.
OPEN SPACE TRUST
An organization in which all common open space land is deeded to a trustee through a deed of trust. The trustee owns, maintains and preserves the common open space. All residents have an easement over the surface of common open space land and share equitably in the cost of maintenance and development. The organization for the administration of the trust shall be a nonprofit corporation form pursuant to Title 15 of the New Jersey State Statutes.
OWNER
Any individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest in the land.
PARKING LOT
Any land area used or intended to be used for the parking of more than three vehicles.
PARKING SPACE
A space for the parking of a motor vehicle.
PARKING SPACE, OFF-STREET — A temporary storage area for a motor vehicle that is directly accessible to an access aisle only and is not located on a dedicated street right-of-way.
PARKING SPACE, ON-STREET — A temporary storage area for a motor vehicle that is located on a dedicated street right-of-way.
PARKS AND PLAYGROUNDS
Recreational facilities designed specifically for such uses as: passive and active recreational areas and facilities; tot-lots and play areas; ballfields, soccer fields, basketball courts, tennis courts, and similar sport-related field, courts and facilities; picnic areas; swimming facilities and pools; jogging and bicycling paths; exercise courses and facilities; restrooms, gazebos, and similar supportive structures; and similar recreational amenities.
PATIO
A level, landscape and/or surfaced area at grade directly adjacent to a principal building or freestanding in the approved yard area.
PAVEMENT
A surface created to facilitate passage of people and/or vehicles, usually constructed of brick, stone, concrete, or asphalt as defined by RSIS.
PERFORMANCE GUARANTY
Any security which may be accepted by the Township, including but not limited to surety bonds, letters of credit under the circumstances specified in Section 16 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.5), and cash.
PERMANENT ELECTRIC POWER GENERATORS
Permanently installed devices that are used for converting fuel-based power into electric power for exclusive use in external circuits of principal buildings for which they are intended to serve.
PERMIT, BUILDING
A certificate issued by the Department of Code Enforcement for the construction, reconstruction, remodeling, alteration or repair of a building or other structure upon approval of submitted plans therefor.
PERMIT, CERTIFICATE OF OCCUPANCY
A certificate issued by the Department of Code Enforcement upon completion of the construction of a new building or upon a change in the use of a building which certifies that all requirements of this chapter or such adjustment therefrom which has been granted by the Land Use Planning Board and all other applicable conditions have been complied with.
PERMIT, PORTABLE STORAGE UNIT
A document signed by the Zoning Officer: (1) which is required by ordinance as a condition precedent to the commencement of the temporary use of a portable storage unit; and (2) which acknowledges that such portable storage unit complies with the provisions of Chapter 540, Zoning.
PERMIT, SIGN
A document signed by the Zoning Officer: (1) which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a sign; and (2) which acknowledges that such sign complies with the provisions of Chapter 540, Zoning, or variance therefrom duly authorized by the Land Use Planning Board pursuant to N.J.S.A. 40:55D-60 and 40:55D-70.
PERMIT, ZONING
A document signed by the Zoning Officer: (1) which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building; and (2) which acknowledges that such use, structure or building complies with the provisions of Chapter 540, Zoning, or variance therefrom duly authorized by the Land Use Planning Board pursuant to N.J.S.A. 40:55D-60 and 40:55D-70.
PERMITTED USE
Any use of land or buildings as allowed by this chapter.
PLACE OF WORSHIP
A church, synagogue, temple, mosque or other facility that is used for prayer and religious services by persons of similar beliefs.
PLANNED DEVELOPMENT
Any of the following types of planned development:
PLANNED COMMERCIAL DEVELOPMENT — An area of a minimum contiguous or noncontiguous size as specified by this chapter to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses or both and any residential and other uses incidental to the predominant use as may be permitted by this chapter.
PLANNED INDUSTRIAL DEVELOPMENT — An area of a minimum contiguous or noncontiguous size as specified by this chapter to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by this chapter.
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 residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges or ratios of nonresidential uses to residential uses as shall be specified in this chapter.
PLANNED UNIT RESIDENTIAL DEVELOPMENT — An area with a specified minimum contiguous or noncontiguous acreage of five acres or more to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate commercial or public or quasi-public uses, all primarily for the benefit of the residential development.
PLANTING STRIP
The part of a street right-of-way between the public right-of-way and the portion of the street reserved for vehicular traffic or between the abutting property line and the curb or traveled portion of the street, exclusive of any sidewalk.
PORTABLE STORAGE UNIT
A unit greater in dimension than three feet in length by three feet in width by three feet in height rented or owned or for use by the property owner or occupant for storage of personal items or used for the packing or storage of items for permanently moving to or from the residence or for temporarily storing items during a renovation to the main residences or for the disposal of demolition debris. Portable storage units include, but are not limited to, PODS®, sea boxes, bulk storage containers, portable on-demand storage containers, store-to-door mobile transportation storage containers, roll-off containers or other such similar containers. For purposes of this chapter, trash dumpsters shall be deemed a portable storage unit
PREMISES or LICENSED PREMISES
Includes the following areas of a location licensed under P.L. 2021, c. 16:[5] all public and private enclosed areas at the location that are used in the business operated at the location, including offices, kitchens, restrooms, and storerooms; all areas outside a building that the Cannabis Regulatory Commission has specifically licensed for the production, manufacturing, wholesaling, distributing, retail sale, or delivery of cannabis items; and, for a location that the Commission has specifically licensed for the production of cannabis outside a building, the entire lot or parcel that the licensee owns, leases, or has a right to occupy.
PRINCIPAL BUILDING
A building in which is conducted the main or principal use of the lot on which said building is situated.
PRIVATE CLUB or LODGE
A building and related facilities owned or operated by a corporation, association or group of persons for the social, educational or recreational purposes of members regularly paying dues, but not primarily for profit nor to render a service which is customarily carried on as a business.
PRODUCE
The planting, cultivation, growing or harvesting of cannabis. "Produce" does not include the drying of cannabis by a cannabis manufacturer if the cannabis manufacturer is not otherwise manufacturing cannabis.
PROFESSIONAL OFFICE
The office of a member of a recognized professional, including doctors or physicians, dentists, optometrists, ministers, architects, landscape architects, professional engineers, lawyers, artists, authors, musicians and such other similar professional occupations which may be so designated by the approving agency upon finding that such occupation is truly professional in character by virtue of the need for similar training or experience as a condition for the practice thereof and that the practice of such occupation shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone to a greater extent than for the professional activities listed herein. The issuance of a state or local license for regulation of any gainful occupation need not be deemed indicative of professional standing.
PUBLIC AREAS
Areas that include: public parks, playgrounds, trails, paths and other recreational areas; public open space; sites for schools and other public buildings and structures including, but not limited to, municipal, county, state and federal facilities as posted for permitting public access.
PUBLIC DEVELOPMENT
Development by any federal, state, Township or other governmental agency.
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 the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.
PUBLIC IMPROVEMENT
Any improvement, facility or service, together with its associated public site or right-of-way, necessary to provide transportation, drainage, utility, energy or similar essential services, including but not limited to streets, drives, sidewalks, walkways and other vehicular and pedestrian circulation systems, together with customary improvements and appurtenances, such as signaling, signage, curbs and gutters, shade trees and landscaped buffers or parkways and street furniture; facilities incidental to a public transportation system, such as loading zones, turnarounds, passenger waiting areas protected from inclement weather and pedestrian linkages between loading areas and activity areas; storm sewers and appurtenances, drainageways, culverts, flood-control basins and devices, retention and detention basins or areas to control storm runoff, erosion and sediment control structures and devices and other drainage structures, devices and facilities; water supply and distribution facilities and appurtenances, both for domestic use and for fire protection; sanitary sewage disposal and treatment facilities and appurtenances; public utility facilities and appurtenances for gas, electric and telephone service; and facilities and appurtenances for the production, conversion, distribution and storage of energy necessary for essential residential, resort, commercial and industrial uses permitted by this chapter.
PUBLIC OPEN SPACE
An open space area owned by a public agency, such as a municipality, and maintained by it for the use and enjoyment of the public at large. It shall not include rear yards, house lots, patios or other such private spaces not available for general use by residents of the development.
PUBLIC PLACE
Any place to which the public has access that is not privately owned; or any place to which the public has access where alcohol consumption is not allowed, including, but not limited to, a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, playground, swimming pool, shopping area, public transportation facility, vehicle used for public transportation, parking lot, public library, or any other public building, structure, or area.
PUBLIC SITE or RIGHT-OF-WAY
An area devoted to or planned for use as a public park, a public school, a federal, state, county or Township building or facility site, another public use or facility or a right-of-way or easement for a street, transportation corridor, utility corridor, waterway or drainageway owned or to be owned by a government agency.
PUBLIC UTILITY
Any public utility regulated by the Board of Regulatory Commissioners and defined pursuant to N.J.S.A. 48:2-13.
RECREATION, ACTIVE
Leisure time activities, usually of a formal nature with a set of sanctioned rules and often performed with others, requiring equipment and taking place at prescribed places, sites, or fields including, but not limited to, court games, swimming, track and field events, golf, playground activities, and field sports.
RECREATION, PASSIVE
Leisure time activities not involving formal rules of play or action with lesser physical activity than active recreation including, but not limited to, bird watching, walking, jogging, picnicking, and sunbathing.
RECREATIONAL VEHICLE
A vehicle without permanent foundation that can be towed, hauled or driven, primarily designed as temporary living accommodation for recreation, camping, leisure activities, and travel use including, but not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor homes.
RENTAL
A procedure by which services and/or real or personal property are temporarily transferred to another person for a specific time period in exchange for remuneration.
REPAIRS
As applied to a building or structure, any restoration, renovation, reparation or mending to an existing building or structure which has become imperfect by decay, dilapidation or partial destruction and which does not rearrange parts of the structure or existing facilities or enlarge, whether by extension of a side or by increasing in height, or move such structure from one location or position to another.
RESIDENTIAL USE OR PURPOSE
A dwelling in which occupants actually live and is permitted in a zoning district.
RESTAURANT
Any establishment, however designated, at which food is sold for consumption on the premises. However, a snack bar or refreshment stand at a public, semipublic or community swimming pool, playground, play field or park operated by the agency or group, or an approved vendor operating the recreational facilities, for the convenience of patrons of the facility shall not be deemed to be a restaurant.
RETAIL SALES
Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rending services incidental to the sale of such goods.
RETAIL SERVICES
Establishments providing services or entertainment, as opposed to products, to the general public for personal or household use.
RIGHT-OF-WAY
A strip of land occupied by or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use according to RSIS.
RIPARIAN ZONE
The land and vegetation within and directly adjacent to all surface water bodies including, but not limited to lakes, ponds, reservoirs, perennial and intermittent streams, up to and including their point of origin, such as seeps and springs, as shown on the New Jersey Department of Environmental Protection's GIS hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management Rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys.
SALES AND LEASING OF HEAVY CONSTRUCTION EQUIPMENT AND VEHICLES
Facilities used for the sales and leasing, and repair and maintenance of heavy construction equipment and vehicles. The storage of heavy construction equipment and vehicles may occur outdoors provided buffering complies with the requirements of this chapter. This term shall include a building or buildings in which offices for the sales and leasing and the maintenance and repairs of, and the sale of parts for heaving construction equipment and vehicles are located.
SATELLITE ANTENNA
Any apparatus installed out-of-doors for the purpose of receiving television, radio or similar electromagnetic radiation from satellites, but excluding conventional television antennae.
SELF-STORAGE FACILITIES
Facilities consisting of a building or a group of buildings containing separate, individual, and private storage spaces of varying sizes available for lease or rent for varying periods of time. This term shall include limited outdoor parking for personal vehicles restricted to passenger vehicles, light-duty pickup trucks not used for businesses, boats on trailers, and recreational vehicles and trailers.
SETBACK LINE
The line parallel or concentric to the street line or lot line formed by the intersection of the plane of the lot with a plane established by the point of a building or structure nearest to the street line or lot line.
SHED
A structure not to exceed 200 square feet in gross floor area, commonly used to store tools and lawn-mowing equipment.
SIDEWALK
A concrete way provided for pedestrian use and usually located at the side of a cartway within the right-of-way and, however, could be located independent of being located next to a cartway.
SIGN
In general, any device, structure or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others, but not including any flag of any public, quasi-public, civic, charitable or religious group. For definitions of specific types of signs regulated in this chapter.
SIGN TEMPORARY
A sign or advertising display constructed of cloth, canvas, fabric, plywood, or other lightweight material and designed or intended to be displayed for a short, limited period of time.
SIGN, AREA OF
The area included within the frame or edge of the sign. Where the sign has no such frame or edge, the area shall be defined by an enclosed four-sided (straight sides) geometric shape which most closely outlines said sign.
SIGN, AWNING
A sign that is incorporated into a roof-like cover that projects from the wall of a building for the purpose of shielding a doorway or window from the elements. The awning may be temporary or portable or may be permanent and fixed to the wall and may be retractable, which allows it to be periodically drawn to the face of the building.
SIGN, BACKLIT CHANNEL LETTER
A sign consisting of a three-dimensional graphic element with an individual structure and separate illumination behind the graphic element. The sign that consists of the three-dimensional graphic elements is attached to the wall or facade of a building. The three-dimensional graphic element can be any letter, number or other character that, when combined with other three-dimensional graphic elements, comprises the sign message and presentation. The three-dimensional graphic elements are typically constructed of metal sheeting and acrylic material. The signs are illuminated by light-emitting diodes (LED) behind the elements to create a visual halo appearance of the three-dimensional elements on the wall or facade.
SIGN, BANNER
A temporary sign of cloth, fabric or similar material that announces an event, season, community, neighborhood or district. Banner signs include signs temporarily attached to utility and light poles and similar types of poles, and signs in the form of a flag banner affixed to a pole that is temporarily attached to the ground.
SIGN, BILLBOARD
A sign that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is locate.
SIGN, CANOPY
A sign attached to the underside of a canopy, which is a roof-like cover that projects from the wall of a building or structure, or a sign that is affixed to the facade of a canopy, which is either attached to a building or is a freestanding structure that supports the canopy.
SIGN, DEVELOPMENT
A freestanding monument sign that identifies the name of a residential housing development. Incidental decorative elements such as walls and fencing may be incorporated into the sign.
SIGN, DIRECTIONAL
A freestanding sign limited to directional messages, such as "one way," "entrance" and "exit," or symbols, such as arrows.
SIGN, DIRECTORY
A facade-mounted sign listing the tenants or occupants of a building or group of buildings and that may also indicate their respective professions or business activities.
SIGN, ELECTRONIC DIGITAL
A changeable electronic variable message sign that has no movement and/or flashing of the message or graphics displayed, except for thermometers or clocks that are part of the sign. These signs include light-emitting diodes (LEDs).
SIGN, EXTERNALLY LIGHTED
A sign whose sole source of artificial illumination is outside the display portion of the sign.
SIGN, FACADE-MOUNTED
A sign fastened to the wall of a building or structure in such a manner that this wall becomes the supporting structure for or forms the background surface of the sign.
SIGN, FREESTANDING
A non-movable sign affixed to the ground. This chapter regulates the following freestanding signs.
SIGN, MONUMENT — A freestanding sign that has its entire bottom in contact with the ground.
SIGN, PYLON AND POLE — A freestanding sign mounted on a freestanding pole or other types of support.
SIGN, INTERNALLY LIGHTED
A sign whose sole source of artificial illumination is contained within the display portion of the sign.
SIGN, MARQUEE
A sign made part of a marquee, which is a permanent construction that projects from a wall of a building, and is designed to have changeable copy, either manual or electronic digital.
SIGN, NAMEPLATE AND NUMBER PLATE
A sign located on the premises giving the name and/or address of the owner or occupant of a building or premises.
SIGN, OFFICIAL
Any sign installed by a governmental agency and intended to direct or control traffic; to identify streets, parks, governmental buildings and sites, and government-sponsored events; or to provide information deemed necessary by a governmental agency.
SIGN, PORTABLE
Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, banner signs, signs to be transported on wheels, sandwich board signs, inflatable signs, and signs on balloons and umbrellas.
SIGN, PROJECTING
A sign that is wholly dependent upon a building or structure for support and that projects in a perpendicular manner more than 12 inches from such building or structure.
SIGN, REAL ESTATE
A freestanding sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located.
SIGN, ROOF
A sign that is mounted on the roof of a building or that is wholly dependent upon a building for support and that projects above the top edge or roofline of a building with a flat roof; the eave line of a building with a gambrel, gable or hip roof; or the deck line of a building with a mansard roof.
SIGN, SERVICE ENTERANCE
A sign that is permanently affixed to the wall of a building near the service entrance that is not open to the public, identifies the service entrance and/or provides instructions for gaining access to the service entrance.
SIGN, WALL-MOUNTED DIRECTORY SIGN
A sign permanently affixed to the wall of a building near its entrance that lists the tenants or occupants of a building, projects no more than six inches from the wall of the building and has changeable copy, either manual or electronically.
SIGN, WINDOW OR DOOR
A permanent sign that is painted onto a windowpane for the purpose of identifying any premises from the sidewalk or street.
SITE COVERAGE
The percentage of the lot area which may be devoted to coverage of buildings, driveways, parking areas, roads, sidewalks and other forms of impervious coverage which do not absorb rain.
SITE PLAN
As defined in Chapter 460 of this Code.
SOLAR ENERGY SYSTEM
A facility or structure(s) and all associated equipment, for producing electrical energy from photovoltaic technologies.
SOLAR PANEL
An elevated panel or plate, or a canopy or array consisting of such panels or plates that captures solar radiation to produce power or hot water, and includes flat plate or boxed photovoltaic solar cells; but, shall exclude solar reflective or concentrating technology, such as a solar furnace.
STREAM
A waterway which has a minimum drainage area of 50 acres; or, as classified by the New Jersey Department of Environmental Protection as a stream for any reason.
STREAM, INTERMITTENT — A surface water body with definite bed and banks in which there is not a permanent flow of water and shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management Rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys.
STREAM, PERENNIAL — A surface water body that flows continuously throughout the year in most years and shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management Rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys.
STREAM CORRIDOR
The 100-year floodplain, plus a strip 50 feet wide landward from the 100-year floodplain or from the top of the bank of the stream where there is no 100-year floodplain.
STREET
As defined in Chapter 460 of this Code. For purposes of this Code, a street shall include a private right-of-way.
STREET LINE
That line determining the limit of the highway rights of the public, either existing or contemplated.
STREET TREE
A tree planted in the sidewalk, planting strip, and/or in the public right-of-way adjacent to (or specified distance from) the portion of the street reserved for vehicular traffic. This also includes trees planted in planting strips within the roadway right-of-way, i.e., islands, medians, pedestrian refuges.
STRUCTURE
A combination of materials to form a construction for occupancy, use, or ornamentation having a fixed location on, above, or below the surface of the land or attached to something having a fixed location on, above, or below the surface of the land. Septic tanks and all related appurtenances, sidewalks and walkways are not included in this category.
SURFACE WATER BODY(IES)
Any perennial stream, intermittent stream, lake, pond, or reservoir, as defined herein. In addition, any regulated water under the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-2.2, or state open waters identified in a letter of interpretation issued under the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-3 by the New Jersey Department of Environmental Protection Division of Land Use Regulation shall also be considered surface water bodies.
SWIMMING CLUB, PUBLIC
A public or privately owned pool open to the general public on a membership basis and having appropriate dressing room facilities, recreational facilities and off-street parking areas.
SWIMMING POOL, PRIVATE
A private swimming pool associated with a residential dwelling unit and located on an individual residential lot.
TEMPORARY CONSTRUCTION TRAILER
A trailer for office use or storage used during the period of construction on a site or tract as otherwise permitted in this chapter.
THREATENED or ENDANGERED SPECIES
A species identified pursuant to the Endangered and Nongame Species Conservation Act, N.J.S.A. 23:2A-1 et seq., the Endangered Species Act of 1973, 16 U.S.C. § 1531 et seq. or the Endangered Plant Species List, N.J.A.C. 7:5C-5.1, and any subsequent amendments thereto.
TOWNSHIP
The Township of Eastampton.
TRAILER COACH
A vehicle used or so constructed as to permit its being used as a licensed conveyance upon the public streets or highways and constructed in such a manner as will permit its occupancy as a place of day-to-day habitation for one or more persons. This term shall also include automobile trailers, mobile homes, house trailers and trailer coaches, except travel trailers which are less than eight feet in width and less than 25 feet in length and which are not used for purposes of day-to-day habitation.
TRAILER COURT
Land and premises upon which two or more trailer coaches occupied for dwelling or sleeping purposes are located. This term shall include trailer coach parks and trailer camps.
TREE
A woody perennial plant, typically having a single stem or trunk growing to a considerable height and bearing lateral branches at some distance from the ground.
DECIDUOUS TREE — A tree that sheds all leaves annually at the end of the growing season and then has a dormant period without leaves.
CONIFEROUS TREE — A tree that produces cones and has leaves that do not fall off in winter; also known as "evergreen trees."
TRUCKING DEPOT
A facility used for outdoor parking of, and indoor maintaining and repairing light-, medium-, and heavy-duty trucks, with or without truck trailers. This term shall include a building or buildings in which business offices and truck maintenance and repair facilities are located. This term shall exclude the storage, warehousing or distribution of goods and freight within trucks, truck trailers and buildings.
UTILITIES, PUBLIC
Those services customarily rendered by public utility corporations, municipalities or municipal authorities, in the nature of electricity, gas, telephone, water and sewerage, including the appurtenances used in connection with the supplying of such services.
VARIANCE
Permission granted to depart from the literal requirements of a zoning ordinance pursuant to N.J.S.A. 40:55D-40b, 40:55D-70c, and 40:55D-70d of the MLUL.
WAREHOUSE
A building used for the storage and distribution of material, goods or products, which may be retailed to the end consumer or wholesaled to interim users, and shall be differentiated into the following warehouse types:
STANDARD WAREHOUSE — A warehouse used for the storage of goods and material in inventory for extended periods of time and released on demand.
TRANSLOAD FACILITY — A warehouse used for the consolidation and distribution of pallet loads or larger of manufacturers, wholesalers, or retailers, and goods and products are stored for a short duration of time and the facility has high throughput because it has highly mechanized material handling systems.
SHORT-TERM STORAGE — A warehouse used for storage and distribution of goods and material with distribution space operated at high efficiency, often with custom or special features built into the structure for movement of large volumes of freight, which may include break-bulk, repack or assembly activities. Such short-term storage facilities have highly mechanized material handling systems.
COLD STORAGE — A warehouse used for temperature-controlled storage and distribution of frozen food or other perishable products, which are distributed to retail stores or local, smaller distribution centers.
FULFILLMENT CENTER — A warehouse used for storage and direct distribution of e-commerce product to end-users. The structures often have multiple mezzanine levels for product storage and picking and may have high levels of automation in material handling equipment.
PARCEL HUB — A warehouse used for regional and local freight forwarding for time-sensitive shipments via airfreight and ground transport. Such parcel hub may have truck maintenance, wash or fueling facilities, and high levels of automation in material handling equipment.
WETLAND SOILS
Those soils designated as very poorly drained or poorly drained by the Natural Resources Conservation Service of the United States Department of Agriculture, including but not limited to Atsion, Bayboro, Berryland, Colemantown, Elkton, Keansburg, Leon, Muck, Othello, Pocomoke, St. Johns and freshwater marsh and tidal marsh soil types.
WETLANDS PERMIT
Any legal instrument, issued pursuant to N.J.S.A. 13:9A-1 et seq. and N.J.A.C. 7:7A-1 et seq., permitting the applicant to engage in an activity specified therein.
WETLANDS, FRESHWATER
Lands that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly know as "hydrophytic vegetation" pursuant to N.J.A.C. 7:7A-1.4.
WIND ENERGY SYSTEM
A wind generator and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component necessary to fully utilize the wind generator.
WIND GENERATOR
Equipment that converts energy from the wind into electricity. This term includes the rotor, blades, and associated mechanical and electrical conversion components necessary to generate, store and/or transfer electrical energy.
WIND TURBINE
A monopole, freestanding, or guyed structure that supports a wind generator turned by means of wind energy against blades or vanes.
WOODLAND
Areas, groves or stands of trees greater than six inches in caliper; or stands of trees greater than 12 inches in caliper consisting of more than 10 individual trees.
YARD, FRONT
An open unoccupied space on the same lot with the principal building, extending the full width of the lot and situated between the street line and the front building line of that lot.
YARD, REAR
An open unoccupied space on the same lot as the principal building, extending the full width of the lot and situated between the rear lot line and the rear building line.
YARD, SIDE
An open unoccupied space between the sideline of the lot and the nearest side building line and extending from the front yard to the rear yard or, in the absence of either of such yards, to the street or rear lot lines, as the case may be.
ZONING CLASSIFICATION or ZONING DISTRICT
The district into which a parcel of land is placed and the body of regulations to which it is subjected by this chapter and the Zoning District Map.[6]
ZONING OFFICER
The individual responsible for enforcement and interpretation of the provisions of Chapter 540, Zoning, of the Code of the Township of Eastampton.
ZONING PERMIT
A document signed by the Zoning Officer which is required by ordinance as a condition precedent to the commencement of a use or erection, construction, reconstruction, alteration, conversion or installation of a structure or building, and acknowledges that such use, structure or building complies with the provisions of the municipal zoning ordinance or variance therefrom duly authorized by a municipal agency.
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
[2]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
[3]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
[4]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
[5]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
[6]
Editor's Note: The Zoning Map is included as an attachment to this chapter.