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Monroe City Zoning Code

ARTICLE II

Definitions

§ 108-2.1 Other applicable definitions.

Any word or term not defined shall be used with a meaning of standard usage for the context in which the word is used or shall be as defined in the Municipal Land Use Law, P.L. 1975 c. 291 (N.J.S.A. 40:55D-1 et seq.)

§ 108-2.2 Word usage.

Certain words and terms used in this chapter are defined for the purpose thereof as follows: words used in the present tense include the future, the singular numbers include the plural, and the plural, the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure"; the term "such as" where used herein shall be considered as introducing a typical or illustrative example, i.e., the designation of permitted or prohibited uses, activities, establishments or structures.

§ 108-2.3 Terms defined.

[Amended 7-2-12 by Ord. No. O-7-2012-014]
ADMINISTRATIVE OFFICER
The "Planning Administrator," unless a different municipal official or officials are designated by ordinance or statute.
ADULT COMMUNITY
See "Planned retirement community."
ADVERTISEMENT
The use of any outdoor display or sign or real property within public view, which is intended to invite or draw the attention of the public to any goods, merchandise, property, business, services, entertainment, amusement or other commercial or noncommercial messages. Stationary vehicles shall not be used for advertising purposes.
ADVERTISING STRUCTURE
Any rigid or semi-rigid material, with or without advertisement displayed thereon, situated upon or attached to real property outdoors, primarily or principally for the purpose of furnishing a background or base of support upon which an advertisement may be posted or displayed.
AGRICULTURE
The production, storage, keeping, harvesting, grading, packaging, processing, boarding or maintenance, for sale, lease, or use of plants and animals useful to humans, including but not limited to: forage and sod crops; grain and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products, except mulch processing; fruits of all kinds, including grapes, nuts, and berries; vegetables; nursery, floral, ornamental, and greenhouse products; or lands devoted to a soil conservation or forestry management program.
[Added 7-6-16 by Ord. No. O-6-2016-019; amended 5-7-2018 by Ord. No. O-4-2018-014]
AIRPORT SAFETY ZONE
The Airport Safety Zone is delineated on the Zoning Map in compliance with N.J.S.A. 6:1-81, et seq., the Air Safety Zoning Act of 1983, P.L. 1983, c. 260, as amended by P.L. 1991, c. 445.
AMUSEMENT CENTER
A business establishment utilized, in whole or in part, for the accommodation of six or more coin-operated amusement devices, machines, apparatuses, contrivances, appliances or devices which may be operated or played upon by the placement and depositing therein of any coin, check, slug, ball or any other article or device or by paying therefor either in advance or after use, and open to the public for use as a game, entertainment or amusement.
AMUSEMENT OR MECHANICAL DEVICE MACHINE
Shall include devices such as marble machines, skeeball, pinball, mechanical grab machines, machines or contrivances commonly known as "bagatelle," "baseball," "football," "hockey," "pool table," "target shooting," "shuffleboard," or "shuffle alley," "electronic video games," "miniature bowling machines," or any similarly named device, or any device which utilizes an electronic display to reproduce symbolic figures and lines intended to be representative of a real game or activities. Specifically excluded shall be any device, whether operated by coin or not, which merely provides a ride, sensation, electronic reading or weight for use by and for the amusement of the public or the dispensing or vending of merchandising or music or any mechanical or amusement device which is otherwise the subject of regulation and licensure by the Township of Monroe.
APPLICANT
A person or entity submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to Section 25 or Section 27 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36).
APPROVING AUTHORITY
The Planning Board of the municipality, unless a different agency is designated by ordinance when acting pursuant to the authority of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
AQUIFER
A subterranean bed or stratum of earth, gravel, porous stone or sand that contains water and forms a natural reservoir of underground water.
ASSISTED LIVING FACILITY
A facility that is subject to regulation pursuant to N.J.A.C. 8:36, et seq.
[Added 8-6-12 by Ord. No. O-8-2012-032]
AUTOMOTIVE GASOLINE STATION
An establishment servicing motor vehicles with fuel and oil, but not including repairs, changing of tires or any other replacement of accessory parts.
AUTOMOTIVE REPAIR GARAGE
An establishment servicing motor vehicles, including major repair services, vehicle parts sales, wrecker and hauling services, body work and painting and heavy repair requiring engine or drive-train dismantling. Whenever trucks or heavy equipment are repaired even for oil changes, lubrication, minor tune-ups, installation of batteries, tires, wiper blades and similar minor repairs, the establishment at which said repairs are made shall be considered to be an "automotive repair garage."
AUTOMOTIVE SALES AND SERVICES
Any retail establishment selling motor vehicles, new or used, and supplies and accessories, including service and repair facilities.
AUTOMOTIVE SERVICE STATION
An establishment servicing motor vehicles with gas, oil lubrication services, lubricants and other vehicle maintenance supplies and parts and equipment not requiring extensive or prolonged mechanical work for installation. Service work offered should be limited to towing, oil changes, lubrication, minor tune-ups, installation of batteries, tires, wiper blades and similar equipment, wheel balancing and alignment and the replacement of minor mechanical parts such as hoses, spark plugs, ignition wiring, points, alternators, water pumps and similar parts not requiring engine or drive-train dismantling.
BASEMENT
That portion of a building which is partly below and partly above grade, and having 1/2 or more of its height above grade.
BERM
A mound of earth specified in the Landscaping and Buffer Regulations, Article VIII of this chapter.
BOARD OF ADJUSTMENT
The Board established pursuant to Section 56 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-69).
BOARDING OR ROOMING HOUSE
A building, or part thereof, other than a hotel or motel, wherein furnished or unfurnished rooms, with or without cooking facilities, are provided for compensation for two or more adult persons not related to the owner or proprietor.
BUFFER
An area consisting of trees, shrubs, solid fencing, berms or a combination thereof so installed as to provide a complete visual and an acoustical barrier between properties. Solid fencing may be substituted to meet only part of the requirement and must be supplemented with planting to soften the appearance and constructed in compliance with the Landscaping and Buffer Regulations, Article VIII of this chapter.
BUILDING
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
BUILDING, ACCESSORY
A building in which an accessory use is contained.
BUILDING HEIGHT
The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof. Chimneys, spires, water towers, elevator penthouses, tanks and similar projections, other than signs, shall be included in calculating a "building height."
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).
CAPITAL IMPROVEMENT
A governmental acquisition of real property or major construction project.
CAR WASH (AUTO LAUNDRY)
A building or structure, or portion thereof, where motorized vehicles are washed or cleaned, in whole or in part, with the use of mechanical devices.
CHILD-CARE CENTER
Any facility which is maintained for the care, development or supervision of six or more children who attend the facility for less than 24 hours a day. In the case of a center operating in a supervisor's home, children who reside in the home shall not be included when counting the number of children being served. This term shall include, but shall not be limited to, day-care centers, drop-in centers, nighttime centers, recreation 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, employer supported centers, centers that had been licensed by the Department of Human Services prior to the enactment of the "Child-care center Licensing Act," P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.) and kindergartens that are not an integral part of a private educational institution or system offering elementary education in grades kindergarten through sixth, seventh or eighth.
CIRCULATION
Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or transshipment points.
CLEAR CUTTING
The removal of all standing trees on a lot or portion of a lot.
CLINIC
Any place used for the administering of medical, chiropractic, acupuncture or dental treatment free or at a low cost, or any place used as an inpatient or outpatient treatment center wherein certain conditions and disorders are treated primarily through surgical intervention that is not commonly performed in normal, private medical or dental practice.
CLUB
A nonprofit corporation, organization or association of persons who are members thereof which owns or leases a building, or part thereof, for the use of members or guests. Said "clubs" or "lodges" shall have been principally established for the promotion of a common objective and shall be distinctly not considered as a semi-public use under the provisions of this chapter. Food, meals and alcoholic beverages may be served as an incidental function of this use, provided that adequate facilities are present, and further provided that all federal, state, and municipal laws are complied with.
COMMON OPEN SPACE
An open space area within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development. "Common Open Space" may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
COMMUNITY RESIDENCE FOR DEVELOPMENTALLY DISABLED
A community residential facility licensed pursuant to P.L. 1977, c. 448 (N.J.S.A. 30:11B-1, et seq.), providing food, shelter and personal guidance under such supervision as required to not more than 15 developmentally disabled or mentally ill persons who require assistance, temporarily or permanently, in order to live in the community, and shall include but not be limited to group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements and hostels.
COMPLETE APPLICATION
An application certified as complete by the Administrative Officer when it meets all of the submission requirements as specified in this chapter. When the application is certified complete, the time period commences for Board review.
CONDITIONAL USE
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Planning Board.
CONDOMINIUM
A form of ownership of real property combining ownership in fee simple of a dwelling unit and undivided ownership in common with other purchasers of the common elements in the structure, the land, and its appurtenances.
CONVENTIONAL
Development other than planned development.
COUNTY MASTER PLAN
A composite of the master plan for the physical development of the county in which the municipality 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. 40:27-2 and N.J.S.A. 40:27-4.
COUNTY PLANNING BOARD
The County Planning Board, as defined in Section 1 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.1), of the county in which the land or development is located.
COURTYARD
An open, unoccupied space bounded on at least two opposing sides by a building wall, but not a front, side or rear yard. "Courtyard" shall apply to multifamily or high-rise buildings only.
CURB LEVEL
The grade of the curb in front of the midpoint of the lot as established by the Municipal Engineer.
DAYS
Means calendar days.
DENSITY
See "Residential density."
DEVELOPER
The legal or beneficial owner or owners of a lot or of 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 a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, including alteration to a site, for which permission may be required pursuant to this chapter.
DEVELOPMENT REGULATION
A zoning ordinance, subdivision ordinance, site plan ordinance, Official Map ordinance or other municipal regulation of the use and development of land, or amendment thereto adopted and filed pursuant to this chapter.
DRAINAGE
The removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding.
DRIVE-IN ESTABLISHMENT
An establishment which is designed to provide, whether wholly or in part, service to customers while in their automobiles parked or standing upon the premises.
DWELLING UNIT
A house, or other structure or part thereof designed, arranged or used for living quarters for one or more persons living as a single housekeeping unit with cooking and bathroom facilities, but not including units in hotels or other structures designed for transient residence.
EASEMENT
A grant of one or more property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.
ELEVATION
(1) A vertical distance above or below a fixed reference level; (2) A flat scale drawing of the front, rear or side of a building.
ENVIRONMENTAL COMMISSION
A municipal advisory body created pursuant to P.L. 1968, c. 245 (N.J.S.A. 40:56A-1, et seq.).
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice and gravity.
EXTENDED CARE FACILITY
A long-term facility or a distinct part of a facility licensed or approved as a nursing home, infirmary unit of a home for the aged, or a government medical institution, not including an Assisted Living Facility. See "Long term care facility."
[Amended 8-6-12 by Ord. No. O-8-2012-014]
FAMILY DAY CARE HOME
A private residence in which child care services are provided for a fee to no less than three and no more than five children at any one time for no less than 15 hours per week, and which is registered under the Family Day Care Provider Registration Act, P.L. 1987, c. 27 (N.J.S.A. 30:5B-16, et seq.).
FARM
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.
FAST-FOOD RESTAURANT
A restaurant, which may or may not have tables but which is essentially designed to dispense quick, ready-made food of a limited variety. The patron obtains food directly from the dispensing counter for consumption on or off such premises. The term "fast-food restaurant" shall include drive-in restaurants.
FEE SIMPLE
Ownership of real property combining ownership of a dwelling unit and the lands upon which it is situated.
FENCE
A structure constructed of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials serving as an enclosure, barrier or boundary.
FENCE, OPEN
A fence in which at least 2/3 of the area between grade level and the top cross member (wire, wood or other material) is open.
FINAL APPROVAL
The official action of the Planning Board taken on a preliminary approval of a major subdivision or site plan, after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.
FINAL PLAT
The final map of all or a portion of the subdivision which is presented to the municipal agency as provided for in this chapter.
FLAG LOT
A lot which may or may not front or abut a public or private road but where access to the public or private road is by a narrow private right-of-way, easement or fee simple ownership of a strip of land.
FLEA MARKET
An indoor or outdoor market at which new or secondhand merchandise is sold by individual vendors from booths, stalls or parked vehicles.
FLOOR AREA RATIO
The sum of the area of all floors of buildings or structures compared to the total area of the site.
GARAGE, PRIVATE
An accessory building or part of a principal building used only for the storage of motor vehicles as an accessory use. In a residential zone, a "garage" is intended for and used for storing privately owned motor vehicles, boats, trailers, and personal belongings of the family or families resident in the principal residential use on the lot.
GARAGE, PUBLIC
A building or part thereof, other than a private garage used for the storage, care or repair of motor vehicles for profit, including the sale of motor vehicles, fuels, or accessories, or the hiring of the same.
GARAGE SALE
The sale or offering for sale to the general public of items of personal property by the owner or tenant of an improved lot in a residential district, whether within or outside any building.
GENERAL DEVELOPMENT PLAN
A Comprehensive Plan for the development of a planned development, as provided in Section 4 of P.L. 1987, c. 129 (N.J.S.A. 40:55D-45.2).
GENERAL TERMS AND CONDITIONS
The conditions under which preliminary approval is granted, including zoning plat details, improvements, off-site improvements and design standards.
GOLF COURSES
Any area of 50 or more acres containing a golf course, at least nine holes in length, together with the necessary and usual accessory uses and structures such as, but not limited to: club house facilities; dining and refreshment facilities; swimming pools; tennis courts and the like, provided that the operation of such facilities is incidental and subordinate to the operation of the golf course.
GOVERNING BODY
The chief legislative body of the municipality.
GRADE FINISHED
The completed surfaces of lawns, walks and roads brought to grade as shown on official plans or designs relating thereto.
GROSS FLOOR AREA
The area of all floors of a building including interior halls and mezzanines but excluding exterior balconies. Garages shall not be used in calculating "gross floor area" in residences. All horizontal dimensions of each floor area to be measured by the exterior faces of walls of each such floor.
HALF-STORY
That portion of a building situated above a full-story and having at least two opposite exterior walls meeting a sloping roof at a level not higher above the floor in a distance equal to 1/2 the floor to ceiling height of the story below.
HISTORIC DISTRICT
One or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.
HISTORIC SITE
Any real property, man-made structure, natural object or configuration or any portion or group of the foregoing of historical, archeological, cultural, scenic or architectural significance.
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, unless these commodities sold are clearly secondary to and identified with the permitted occupation. Beauty shops, barber shops and similar occupations shall not be included as permitted "Home Occupations."
HOMEOWNERS' ASSOCIATION
A community association which is organized in a development in which individual owners share common open space or facilities.
HOSPITAL
An institution which maintains and operates organized facilities and services for the diagnosis, treatment or care of persons suffering from illness, injury or deformity and/or obstetrics and in which all diagnosis, treatment and care are administered by or performed under the direction of persons licensed to practice medicine or osteopathy in the State of New Jersey. Said institution shall also conform to the revised standards for hospital facilities as adopted by the State Board of Control or the Department of Health and applicable New Jersey Law.
HOTEL AND MOTOR INN
A facility on a minimum of five acres and of at least 100 rooms, offering transient lodging accommodations to the general public and which may include additional facilities and services, such as a pool, health club, restaurants, meeting rooms, entertainment, personal services and recreational facilities.
INTERESTED PARTY
(a) In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and (b) in the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire, or enjoy property is or may be affected by any action taken under this act, or whose rights to use, acquire, or enjoy property under this act, or under any other law of this State or of the United States have been denied, violated or infringed by an action or a failure to act under this chapter.
INTERMEDIATE CARE FACILITY (ICF)
A facility that provides, on a regular basis, personal care, including dressing and eating and health-related care and services, to individuals who require such assistance but who do not require the degree of care and treatment that a hospital or skilled nursing facility provides, not including an Assisted Living Facility.
[Amended 8-6-12 by Ord. No. O-8-2012-032]
JUNK OR SALVAGE YARD
A lot or structure, or part thereof, used primarily for the collection, storage and sale of wastepaper, rags, scrap metal or discarded material, or for the collection, dismantling, storage and salvaging of machinery and/or motor vehicles or parts thereof.
LAND
Includes improvements and fixtures on, above or below the surface.
LANDSCAPED AREA
Areas containing trees, shrubs and ground covers, pedestrians and recreation areas, ponds, streams or any other areas or features which can be reasonably included, but shall not include areas occupied by buildings or structures, paving for parking, loading or access thereto, required buffers or areas utilized for outside storage.
LANDSCAPE BUFFER AREA
A solid and continuous landscaping screen consisting of berms, lawn, mulch beds, detention and retention ponds, irrigation and massed evergreen and deciduous trees and shrubs of such species and density as will provide within two growing seasons a solid and continuous screen, viewed from public areas, right-of-way and streets to the landscape buffer area, from onsite to public areas, rights-of-way and streets, and from site to site along side and rear yards, throughout the full course of the year per § 108-8.1, Buffer area and landscaping.
LANDSCAPE BUFFER STRIP
An area consisting of shade trees, perennial-planting beds, annual flowerbeds or a combination thereof so installed as to provide both a landscape buffer between properties or rights-of-way per § 108-8.1, Buffer area and landscaping.
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 authority law," P.L. 1957, c. 183 (N.J.S.A. 40:14B-1 et seq.); or any utility, authority, commission, special district or other corporate entity not regulated by the Board of Regulatory Commissioners under Title 48 of the Revised Statutes that provides gas, electricity, heat, power, water or sewer service to the municipality or the residents thereof.
LONG-TERM CARE FACILITY
An institution or a part of an institution that is licensed or approved to provide health care under medical supervision for 24 or more consecutive hours to two or more patients who are not related to the facility's authority or its members by marriage, blood, or adoption, not including an Assisted Living Facility.
LOT
A designated parcel, tract or area of land established by a plat or otherwise, as permitted by law and to be used, developed or built upon as a unit.
LOT AREA
An area of land which is determined by the limits of the lot lines bounding the area and shall be expressed in terms of square feet. Any portion of a lot included in a street right-of-way shall not be included in calculating "lot area."
LOT, CORNER
A lot at the junction of and fronting on two or more intersecting streets or on two parts of the same street when the interior angle of intersecting streets does not exceed 120 degrees. In a residential zone, the front yard shall coincide with the front of the house that is facing the street, and the side opposite the front yard shall be considered the rear yard.
LOT COVERAGE
The proportion of the area of a lot, expressed as a percentage, that is covered by the building or buildings, including accessory buildings. An above-ground swimming pool shall not be included in determining the percentage of "lot coverage," but a below-ground swimming pool shall be included in determining the percentage.
LOT DEPTH
The shortest horizontal distance between the street line and the nearest part of a rear lot line. The greater frontage on a corner lot shall be its depth.
LOT FRONTAGE
The horizontal distance between side lot lines measured along the street line. The minimum "lot frontage" shall be the same as the lot width, except that on curved alignments with an outside radius of less than 500 feet, the minimum distance between the side lot lines measured at the street line shall not be less than 60% of the required minimum lot width.
LOT, INTERIOR
A lot other than a corner lot.
LOT LINE
The boundary line of a parcel of land as shown on a certified filed map or as defined by a filed map, or both. A "lot line" shall not be considered unless legally subdivided.
LOT, THROUGH
A lot running through from one street to another.
LOT WIDTH
The straight and horizontal distance between side lot lines at setback points on each side lot line measured an equal distance back horizontally from the street line. The minimum "lot width" shall be measured at the minimum required building setback line. Where side lot lines are not parallel, the minimum lot width at the street line shall be not less than 60% of the required minimum lot width. The lesser frontage of a corner lot shall be its width.
MAINTENANCE GUARANTEE
Any security which may be accepted by the municipality for the maintenance of any improvements required by this chapter, 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.
MAJOR SITE PLAN
Any site plan not classified as a minor site plan.
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision.
MANAGEMENT PLAN
Plan for the management of timbered or forested lands developed by the New Jersey Department of Environmental Protection, Bureau of Forestry, or similar state or federal agency or the Township Forester.
MASTER PLAN
A composite of one or more written or graphic proposals for the development of the municipality as set forth and adopted pursuant to Section 19 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-28).
MAYOR
The chief executive of the municipality.
MINOR SITE PLAN
A development plan of one or more lots which proposes: (1) improvement of no more than five parking spaces or no more than 300 square feet of new construction; (2) does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to Section 30 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-42); and (3) contains the information reasonably required in order to make an informed determination as to whether the requirements established by this chapter for approval of a minor site plan have been met.
MINOR SUBDIVISION
A subdivision of land that does not involve the creation of four or more lots, provided that such subdivision does not involve: (1) a planned development; (2) any new street; or (3) the extension of any off-tract improvement, the cost of which is to be prorated pursuant to Section 30 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-42). The creation of lots may include the two new lots plus the lands remaining. Only one "minor subdivision" shall be permitted on one parcel of land during any twelve-month period.
MOTEL
See "Hotel."
MULCH
Organic material derived from tree branches, tree limbs, tree trunks, brush and wood chips derived from tree parts used as ground cover.
[Added 7-6-16 by Ord. No. O-6-2016-019; amended 5-7-2018 by Ord. No. O-4-2018-014]
MULCH PROCESSING
Industrial activities which result in the creation of mulch, including but not limited to the treatment and transformation of source material. Processing includes, but is not limited to, cutting, crushing, grinding, shredding and removing contaminants from source material.
[Added 7-6-16 by Ord. No. O-6-2016-019; amended 5-7-2018 by Ord. No. O-4-2018-014]
MULCH PROCESSING FACILITIES
Areas or sites where mulch processing occurs. Mulch processing facilities may also include wholesale sales space, office space, equipment and vehicles, equipment and vehicle storage, storage of materials associated with mulch processing.
[Added 7-6-16 by Ord. No. O-6-2016-019; amended 5-7-2018 by Ord. No. O-4-2018-014]
MUNICIPAL AGENCY
A municipal Planning Board or board of adjustment, or a governing body of a municipality, when acting pursuant to this chapter, and any agency which is created by or responsible to one or more municipalities when such agency is acting pursuant to this chapter.
MUNICIPAL BUILDING
Any building used, or facility owned, operated, subsidized or otherwise assisted by act of the Township of Monroe.
MUNICIPAL RESIDENT
A person who is domiciled in the municipality.
MUNICIPAL TREE PLANTING PLAN
A specific plan adopted by the Township Council of the Township of Monroe for the location and placement of trees on public property.
MUNICIPALITY
See "Township."
NONCONFORMING LOT
A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE
A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NURSERY, LANDSCAPING AND HORTICULTURE
An area or site where plants, trees, and shrubs are grown or stored for transplanting, for use as stocks, for budding and grafting or for sale. Landscaping nurseries also include office space, equipment and vehicle storage, and storage of landscaping materials for landscape construction for uses incidental to landscaping businesses.
NURSERY, LANDSCAPING AND HORTICULTURE
An area or site where plants, trees, and shrubs are grown or stored for transplanting, for use as stocks, for budding and grafting or for sale. Landscaping nurseries also include office space, equipment and vehicle storage for uses incidental to landscaping businesses.
NURSERY SCHOOL
See "Family day care home" and "Child-care center."
NURSING HOME
See "Extended care facility."
OCCUPANCY
The residing of an individual or individuals overnight in a dwelling unit or the storage or use of equipment, merchandise, or machinery in any public, commercial, or industrial building; (2) holding real property by being in possession.
OFFICIAL COUNTY MAP
The map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of the County pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP
A map adopted by ordinance pursuant to Article 5 of P.L. 1975, c. 291.
OFF-PREMISES ADVERTISEMENT
An advertisement used to advertise goods, merchandise, property, business services, entertainment or amusement not sold on the premises or an advertisement intended to invite or draw the attention of the public to another premises.
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 the closest half of the street or right-of-way abutting the property of which the lot is a part.
OFF-TRACT
Not located on the property which is the subject of a development application nor on the closest half of the abutting street or right-of-way.
ON-SITE
Located on the lot in question and excluding any abutting street or right-of-way.
ON-TRACT
Located on the property which is the subject of a development application or on the closest half of an abutting street or right-of-way.
OPEN SPACE
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
OWNER
Any individual, firm, association, syndicate, corporation, partnership or other entity having a proprietary interest in the land which is the subject of a development application.
PARK AND RIDE FACILITY
A parking area designated as a transportation intermodal transfer point terminal, most frequently for transfer from private automobile to bus or other common carrier or public transportation.
PARKING SPACE
An off-street space available for the parking of a motor vehicle, which in this chapter is held to be a minimum area of 10 feet wide and 20 feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto, except that all parallel off-street parking spaces shall have an area of 10 feet wide and 22 feet long.
PARTY IMMEDIATELY CONCERNED
For purposes of notice, means any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under Section 7.1 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-12).
PARTY WALL
A common shared wall between two separate structures, buildings or dwelling units.
PATIO HOME
A single-family detached housing type on a separate lot, characterized by a zero lot line configuration with little or no side yard setback on one boundary and outdoor living space (patio and courts) integrated into the building design.
PENNY ARCADE
An establishment with more than two coin operated amusement games, such as pinball machines, electric games, coin operated bowling games and the like or more than one jukebox.
PERFORMANCE GUARANTEE
Any security, which may be accepted by a municipality, 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.
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 DEVELOPMENT
Planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
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 RETIREMENT COMMUNITY
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 100% of the dwellings are occupied by at least one person age 55 or over and no other permanent occupant is under the age of 48, except that if a legal occupant over 48 but under 55 is widowed, legally separated or divorced from an over 55 legal occupant, prior to attaining age 55, his or her occupancy status shall be protected, provided such entity, corporation or association is established in accordance with the laws of the State of New Jersey and qualifies for a Housing for Older Persons ("HOPA") exemption under the Fair Housing Act, 42 U.S.C. 3601, et seq.
PLANNED UNIT DEVELOPMENT
An area with 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 of 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.
PLANNING BOARD
The Municipal Planning Board established pursuant to Section 14 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-23).
PLAT
A map or maps of a subdivision or site plan.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to Sections 34, 36 and 37 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-46; N.J.S.A. 40:55D-48; and N.J.S.A. 40:55D-49) prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form, its scope, scale and relationship to its site and immediate environs.
PRELIMINARY PLAT
The preliminary map filed in accordance with this chapter.
PRINCIPAL BUILDING
A building in which is conducted the main or principal use of the lot on which said building is situated.
PROCESSING EVENT
Mulch processing for no more than 14 consecutive days during a two-week period occurring on quarterly basis four times per year.
[Added 5-7-2018 by Ord. No. O-4-2018-014]
PROFESSIONAL OFFICE
The office of a member of a recognized profession, licensed by the State of New Jersey, including doctors, ministers, dentists, architects, professional engineers, lawyers and other similar professional occupations.
PROJECTION
An extension of a building which protrudes or juts out from the vertical plane of the building not more than two feet.
PUBLIC AREAS
Parks, playgrounds, trails, paths, and other recreational areas and open spaces; scenic and historic sites; schools and other buildings and structures; and other places where the public is directly or indirectly invited to visit or permitted to congregate.
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 DRAINAGE WAY
The land reserved or dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel, and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical and to lessen nonpoint pollution.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to the municipality, municipal agency, Board of Education, state or county agency, or other public body for recreational, conservational or other municipal or public uses. Municipal or public uses as used herein shall include, but not be limited to, such lawful purposes as parks, playgrounds, schools, recreational facilities, community centers, rights-of-way required for the health and safety of the public, protection of major streams or open drainage ways, and buffer areas.
PUBLIC UTILITY
Any public utility regulated by the Board of Regulatory Commissioners and defined pursuant to N.J.S.A. 48:2-13.
QUASI-PUBLIC USE
Churches, synagogues, mosques, parish houses and similar religious uses, including parochial and private schools.
QUORUM
A majority of the full authorized membership of a municipal agency.
RECREATIONAL VEHICLE
A vehicle-type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as a temporary living accommodation for recreational, camping and travel use including, but not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor homes.
REPLACEMENT TREE
A nursery grown certified tree, properly balled, and marked with a durable label indicating genus, species and variety, and satisfying the standards for nursery stock and installation thereof, set forth by the American Association of Nurserymen.
RESERVE STRIP
A privately owned strip of land of less width than the lot depth required by the Land Development Ordinance and bounded on one side by a proposed street and on the other by the boundary of a subdivision containing said proposed street.
RESIDENTIAL CLUSTER
A contiguous or noncontiguous area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential land area including streets, easements and open space portions of a development.
RESTRICTIVE COVENANT
A restriction on the use of land usually set forth in the deed and which is binding upon subsequent property owners.
RESUBDIVISION
(1) The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or (2) the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but not including conveyances so as to combine existing lots by deed or other instrument.
RIGHT-OF-WAY (R.O.W.), PRIVATE
A private strip of land over which other parties have the right to pass, traverse or install utilities.
RIGHT-OF-WAY (R.O.W.), PUBLIC
A publicly owned strip of land over which the general public has the right to pass, traverse or install utilities.
SATELLITE ANTENNA
An apparatus or structure which is designed for the purpose of receiving or transmitting television, radio, microwave, satellite or similar signals and is commonly referred to as a dish-type antenna.
SCHOOL, PAROCHIAL
A use primarily engaged in the education and instruction of individuals in academic or religious subjects and not operated for profit, from kindergarten through Grade 12, and administered, supervised and directly affiliated with an exempt, nonprofit religious organization.
SCHOOL, PRIVATE
A use primarily engaged in the education and instruction of individuals in academic or religious subjects and not operated for profit, from pre-kindergarten through Grade 12.
SCHOOL, PUBLIC
Any school operated under the administrative authority of a duly constituted state, county, regional or municipal Board of Education.
SCREENING
A visual barrier made up of planted or architectural materials for the purpose of preventing the view of an object or area by the general public.
SEDIMENTATION
The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
SENIOR HOUSING COMMUNITY
See "Planned retirement community."
SERVICE DRIVE
A roadway at least 24 feet in width which provides common access to two or more uses and, where adjacent to a public right-of-way, is separated from the right-of-way by a planting strip at least five feet wide.
SETBACK
The minimum horizontal distance between the street, rear or side lot lines and the closest part of any building. When two or more lots under one ownership are used, the exterior property lines so grouped shall be used in determining "setbacks." The front "setback" shall be measured from any future right-of-way line as adopted in the master plan.
SHOPPING CENTER, COMMUNITY
Features an anchor tenant such as a supermarket, occupies 10 acres of land, and draws its clientele from a 15 to 20 minute driving radius from the center. A community shopping center consists of one or more retail buildings with no single use that exceeds 50,000 square feet and having a maximum gross floor area of 300,000 square feet for the entire center, creating a unified commercial village with a single architectural motif, which shall be in character with the surrounding residential area.
SHOPPING CENTER, NEIGHBORHOOD
Generally offers goods necessary to meet daily needs, occupies five acres of land, and draws its clientele from a five minute driving radius from the center. A neighborhood shopping center consists of one or more retail buildings with no single use that exceeds 10,000 square feet and having a maximum gross floor area with 50,000 square feet for the entire center, creating a unified commercial village with a single architectural motif, which shall be in character with the surrounding residential area.
SHOPPING CENTER, REGIONAL
Generally contains a wide range of retail and service establishments, occupies 25 or more acres of land, has several anchor stores and draws its clientele from a 45 minute driving radius from the center. A regional shopping center consists of one or more retail buildings and has a maximum gross floor area of 300,000 square feet for the entire center, creating a unified commercial village with a single architectural motif, which shall be in character with the surrounding residential area.
SIGHT TRIANGLE
A triangular shaped area of land established at street intersections in which nothing is permitted to be erected, placed, planted or allowed to grow in such a manner as to impair or obstruct the line of sight of motorists entering or leaving the intersections.
SIGN
Any outdoor display or advertising on real property within public view which is intended to attract, or which does attract, the attention of pedestrians or vehicle operators, attendants, or passengers of vehicles; and shall include any writing, printing, painting, display, emblem, drawing or other device whether placed on the ground, rocks, trees, tree stumps or other natural structures, or on a building, structure, signboard, billboard, wallboard, roofboard, frame, support, fence, or elsewhere, and any lighting or other accessories used in conjunction therewith.
SIGN AREA
The maximum projected area of the shape which enclosed the sign, device or representation. In the case of lettering attached to building façades, the "sign area" shall be the product of the maximum vertical dimension multiplied by the maximum horizontal dimension of all lettering and symbols which form the sign, including the empty space between the letters and symbols.
SIGN, FREESTANDING
A sign mounted on a structure, not attached to any building.
SIGN, OVERHANGING
A sign attached perpendicularly to an exterior wall of a building.
SIGN, ROOF
A sign attached on a roof that projects higher than the highest part of the building; also includes signs inscribed or painted on a roof, except as required by the Federal Aviation Administration or similar governmental agency regulating aeronautics.
SIGN SURFACE
The total surface area of a sign upon which advertising may be placed, including cutouts and extensions, but excluding decorative bases and supports. The base shall not exceed the width of the sign by 20%.
SITE PLAN
A development plan of one or more lots on which is shown (1) the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways; (2) the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and (3) any other information that may be reasonably required in order to make an informed determination where review and approval of site plans is required by the Planning Board or Board of Adjustment pursuant to this chapter.
SKETCH PLAT
The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the sketch plat detail requirements of this chapter.
SOLAR ACCESS
A property owner's right to have the sunlight shine on his land.
SOURCE MATERIAL
Tree branches, tree limbs, tree trunks, brush and wood chips derived from tree parts.
[Added 5-7-2018 by Ord. No. O-4-2018-014]
STANDARDS OF PERFORMANCE
Standards (1) adopted by ordinance pursuant to Subsection 52d (N.J.S.A. 40:55D-65), regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may reasonably be required by the municipality; or (2) required by applicable federal or state laws or municipal ordinances.
STORY
A portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. Underground space shall be considered a "story" when the upper surface of the floor next above is more than six feet above the adjacent ground elevation at any point.
STREAM RIGHT-OF-WAY
The distance or width located on both sides of a stream or watercourse which has been dedicated, deeded or granted by easement to any government agency or a stream right-of-way which has been indicated in an officially adopted stream improvement program.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way (1) which is an existing state, county or municipal roadway; or (2) which is shown upon a plat heretofore approved pursuant to law; or (3) which is approved by official action as provided by this act; or (4) which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
STREET LINE
The line determining the limit of the right-of-way whether existing or contemplated. Where a definite right-of-way has not been established, the street line shall be assumed to be at the future right-of-way line as adopted in the Master Plan.
STREET, RESIDENTIAL
A street, or portion thereof, which is located in a residential zone.
STRUCTURE
A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.
STRUCTURE, PERMANENT
A structure which is safe and stable, including but not limited to stadiums, platforms, radio towers, storage bins, and swimming pools.
STRUCTURE, TEMPORARY
A structure without any foundation or footings, which is removed when a specifically designated time period, activity or use for which the temporary structure was erected has ceased.
SUBDIVISION
The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered "subdivisions" within the meaning of this chapter, if no new streets are created: (1) divisions of land found by the municipal agency or subdivision committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size; (2) divisions of property by testamentary or intestate provisions; (3) divisions of property upon court order, including but not limited to judgments of foreclosure; (4) consolidation of existing lots by deed or other recorded instrument; and (5) the conveyance of one or more adjoining lots, tracts or parcels of land owned by the same person or persons and all of which are found and certified by the Administrative Officer to conform to the requirements of this chapter and are shown and designated as separate lots, tracts or parcels on the Tax Map or atlas of the municipality. The term "subdivision" shall also include the term "resubdivision."
SWIMMING POOL, PRIVATE
A swimming pool located as an accessory use on the same lot as the principal use it serves, is utilized only by the owner or his nonpaying guests and is not operated for profit.
SWIMMING POOL, PUBLIC
A swimming pool open to the general public or open to members only of a club or organization, whether operated for profit or not.
TOWNHOUSE
A townhouse is one of a series of attached single-family dwelling units designed for conveyance either as a condominium or in fee simple, attached (on either both sides or one side depending upon whether the unit is an interior unit, or whether the unit is at the end of a townhouse dwelling structure, thereby having one common and one exterior wall), with private or semi-private front and rear yard areas.
TOWNSHIP
The Township of Monroe.
TRAILER
A structure standing on wheels, towed or hauled by another vehicle and used for short-term human occupancy, carrying materials, goods or objects, or as a temporary office.
TRAILER HOME
Any dwelling unit for living or sleeping purposes which is equipped with wheels or some device used for the purpose of transporting such unit from place to place, whether by motor vehicle or other means, or any factory built unit equipped with wheels used for living or sleeping purposes, whether the same is on blocks, posts or any other type of foundation. "Mobile home" shall be synonymous with "trailer home."
TRANSCRIPT
A typed or printed verbatim record of the proceedings or reproduction thereof.
TRANSFER STATION
An intermediate destination for solid waste.
TRIP
A single or one-way vehicle movement either to or from a subject property or study area.
TRIP GENERATION
The total of trips produced or expected to be produced by a specific land use activity.
TRUCK TERMINAL
An area and building designed with cross docking facilities, used exclusively for the transfer of cargo between trucks rather than storage, distribution, assembly or processing of cargo. Cross transfer of cargo may also occur between trucks and fully loaded trucks may be parked on site prior to the cross loading of cargo.
TURNPIKE
A limited access highway known as the New Jersey Turnpike.
USE
The specific purpose for which a land or building is designed, arranged, intended, or for which it may be occupied or maintained.
USE, ACCESSORY
A use which is incidental to that of a principal use on the same lot.
USE, PERMITTED
A use of a building or land that conforms to the provisions of this chapter.
USE, PRINCIPAL
A use which is the major use of a lot. In any residential zone, a dwelling on a lot shall be deemed the "principal use" of that lot.
USE, PUBLIC
Any use of land or structures thereon which is owned and used by federal, state, county, or municipal governments. "Public use" shall also include property not owned by a governmental entity but which is leased or used for that purpose.
USE, QUASI-PUBLIC
Any use which is public in nature but which is owned and used by a private interest group. "Quasi-public use" includes churches, parish houses, parochial schools, historical sites and similar uses, but does not include clubs, lodges or similar private uses.
USE, RESIDENTIAL
The use of a building or part as a dwelling unit.
VACANCY
Any unoccupied land, structure or part thereof available and suitable for occupancy.
VARIANCE
Permission to depart from the literal requirements of a zoning ordinance pursuant to Section 47 (N.J.S.A. 40:55D-60) and Subsections 29.2b, 57c and 57d of the Municipal Land Use Act (N.J.S.A. 40:55D-40 and 40:55D-70).
WIRELESS COMMUNICATION
Any personal wireless service as defined in the Federal Telecommunications Act of 1996 ("FTA"); i.e. FCC-licensed commercial wireless telecommunication services, including cellular, PCS, SMR, ESMR, paging, and similar services that currently exist or that may in the future be developed. "Wireless communications" does not include any amateur radio facility that is under 70 feet in height and is owned and operated only by a federally licensed amateur radio station operator or is used exclusively to receive transmissions, nor does it include any parabolic satellite antennas, nor does it include non-wireless telephone service.
WIRELESS COMMUNICATION ANTENNA
Any device which is used for the transmission and reception of wave frequencies for the purpose of any wireless communication as defined hereinbelow. For the purpose of this chapter, wireless communication antennas shall not be considered to be a public utility.
WIRELESS COMMUNICATION TOWER
A freestanding monopole structure on which one or more antennas are attached, but shall not mean existing structures such as silos, steeples, cupolas or water tanks.
YARD
An open space on the same lot with a principal building, which is open, unoccupied and unobstructed by buildings from the ground to the sky, except as otherwise provided in this chapter.
YARD, FRONT
The yard extending across the entire width of the lot between the street line and the nearest part of the principal building.
YARD, REAR
The yard extending across the entire width of the lot between the rear lot line and the nearest part of the principal building.
YARD, SIDE
The yard extending across the side lot line from the front yard to the rear yard and lying between the side lot line and the nearest part of the principal building.
ZONING PERMIT
A document signed by the Planning Administrator or Zoning Officer: (1) which is required by this chapter as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building; and (2) which acknowledges that such use, structure or building complies with the provisions of the Township ordinance or variance therefrom duly authorized by the appropriate municipal agency pursuant to N.J.S.A. 40:55D-60 and 40:55D-70.