Definitions of Township-wide application. As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING, STRUCTURE OR USEA building, structure or use which is customarily associated with and is subordinate in area, extent and purpose and incidental to the principal building, structure or use, contributes primarily to the comfort, convenience or necessity of the occupants, business or industry of the principal structure or principal use served and which is located on the same lot therewith. An accessory building attached to the principal building shall comply in all respects with the requirements applicable to the principal building.
ACCESSORY USE, TEMPORARYAn accessory use, which does not involve the construction or alteration of any permanent building or structure, established for a limited duration with the intent to discontinue such use upon the expiration of the time period. Temporary accessory uses shall comply with Article
V.
AFFORDABLE SENIOR CITIZEN HOUSINGHousing for households where at least one member is 62 years of age or older and which is affordable by low- and moderate-income households according to standards promulgated by the Council on Affordable Housing or as otherwise provided through a state or federal housing program designed to provide affordable housing.
AGRICULTUREA production of plants or animals useful to man, including but not limited to forages or sod crops; grains and feed crops; dairy animals and dairy products; poultry and poultry products, livestock, including beef, cattle, sheep, swine, horses, ponies, mules or goats, and including the breeding and grazing of any or all 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 any land devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under any agency of the state or federal government; specifically excluded from this definition, however, are processing plants. Notwithstanding the foregoing, activities which qualify as "forestry" within the meaning of the definition of forestry found at §
190-5(D) of this Code shall not constitute "agriculture" under this definition.
AIRPORT SAFETY ZONEAn overlay zone delineated in accordance with the standards and methodology promulgated by the New Jersey Department of Transportation, Division of Aeronautics, as set forth by N.J.A.C. 16:62-3.1 or such other superseding or amending regulation.
ALTERATIONS OR ADDITIONS, STRUCTURALAny change in or additions to the supporting members of a building, such as walls, columns, beams, girders, posts or piers, or in the dimensions or configurations of the roof or exterior walls.
ALTERNATE DESIGN PILOT PROGRAM TREATMENT SYSTEMAn individual or community on-site wastewater treatment system that has the capability of providing a high level of treatment, including a significant reduction in the level of total nitrogen in the wastewater, and that has been approved by the Pinelands Commission for participation in the alternate design wastewater treatment systems pilot program pursuant to N.J.A.C. 7:50-10.23(b). Detailed plans and specifications for each authorized technology are available at the principal office of the Pinelands Commission.
ANTENNAAny structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, satellite dishes and omni-directional antennas.
APPLICATION FOR DEVELOPMENTThe application form and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction for the issuance of a permit pursuant to N.J.S.A. 40:55D-1 et seq. or N.J.S.A. 13:18A-1 et seq.
ARBORAn accessory structure forming a shelter of vines or branches or of latticework covered with climbing shrubs or vines. The dimensions of an arbor shall not exceed a height of eight feet and a footprint of 64 square feet. An arbor constructed as part of a deck shall comply with the requirements for a deck and the Schedule of Area and Yard Requirements for the zone in which the deck is located.
BACKHAUL NETWORKThe lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices and/or long distance providers or the public switched telephone network.
BALCONYAn exterior floor projecting from and supported by a structure without additional independent supports; shall be subject to the setback requirements as outlined in the Schedule of Area and Yard Requirements for that zone for the principal building.
BASEMENTA story having more than 25% of its clear height below average contact grade.
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.
BICYCLE PATH (BIKE PATH)A bikeway physically separated from motorized vehicular traffic by an open space or barrier, and either within the highway right-of-way or within an independent right-of-way or easement.
BIKEWAYAny road, path, or way which in some manner is specifically designated as being open to bicycle travel, regardless of whether such facilities are designated for the exclusive use of bicycles or are to be shared with other transportation modes.
BILLBOARDAny structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes, other than on a building or its grounds, giving the name and occupation of the user of the premises, the nature of the business conducted therein or the products primarily sold or manufactured therein; except that in the Pinelands Area any sign advertising roadside farm stands shall not be considered a billboard.
BUILDINGAny structure or extension thereof or addition thereto, either temporary or permanent, having a roof supported by such things as columns, posts, piers or walls and intended for the shelter, business, housing or enclosing of persons, animals or property.
BUILDING COVERAGEThe square footage or other area measurement by which all buildings occupy a lot, as measured on a horizontal plane around the periphery of the foundation and including the area under the roof of any structure supported by columns but not having walls, as measured around the outside of the outermost extremities of the roof above the columns.
BUILDING HEIGHTThe vertical distance measured to the highest point from the mean elevation of the finished grade five feet away from the foundation along the side(s) of the building facing a street or at the street line, whichever is closer to the foundation. On a corner lot, the height shall be measured on the street having the greatest slope.
CAMPER(1) A self-propelled vehicular structure built as one unit on a chassis and designed for temporary living for travel, recreation, vacation or other short-term use, which may contain cooking, sleeping and sanitary facilities.
(2) An immobile structure containing cooking and sleeping facilities for travel, recreation, vacation or other short-term use and designed to be attached to the body of another vehicle for transporting from one location to another.
(3) A portable vehicular structure built on a chassis designed for camping, the body of which is basically rectangular with a flat top not more than four feet above the surface of the ground. The camper is designed to have a temporary tent erected above the four-foot level for camping facilities.
CANNABISAll 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 for use in cannabis products as set forth in this chapter, 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, 26 c. 158 (N.J.S.A. 18A:40-12.22 et seq.); marijuana as defined in N.J.S.A. 2C:35-272 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 Aection 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 AREAAs 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 CULTIVATORAny 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 SERVICEAny 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 DISTRIBUTORAny 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 ESTABLISHMENTA cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.
CANNABIS EXTRACTA 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 ITEMAny 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 LEAFThe leaf of the plant Cannabis sativa L. within the plant family Cannabaceae.
CANNABIS MANUFACTURERAny 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 PARAPHERNALIAAny 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 PRODUCTA 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 RESINThe 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 RETAILERAny 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 FACILITYAn 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 WHOLESALERAny 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.
CARPORTAn accessory structure providing space for parking of no more than two motor vehicles, having a roof and enclosed on not more than three sides. A freestanding carport shall have a footprint not exceeding 250 square feet and a height not exceeding 12 feet. A carport attached to a principal building shall comply with the requirements applicable to the principal building.
CHILD-CARE CENTERAny facility which is maintained for the care, development and supervision of six or more children who attend the facility for less than 24 hours per day and which offers such programs as private nonsectarian child-care centers, day-care centers, drop-in centers, day nursery schools, play schools, cooperative child centers, centers for children with special needs, infant-toddler programs, employment-related centers and/or kindergartens that are not an integral part of a private educational institution or system offering elementary education in grades kindergarten through six. A child-care center shall not offer programs operated by a public or private day school of elementary and/or high school grades, special activity programs for children, youth camps and/or religious classes or centers.
CLUSTER SINGLE-FAMILY RESIDENTIAL DEVELOPMENTA development technique based on a gross dwelling unit density for the entire tract in the zoning district in which it is located and allowing the lot sizes for detached dwellings to be reduced or individual segments to have higher densities so long as the gross density is not exceeded.
COLLOCATIONUse of a common wireless telecommunications tower or a common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or placement of a wireless telecommunications tower on a structure owned or operated by a utility or other public entity.
COMMERCIAL FARM(1) A farm management unit of no less than five acres producing agricultural or horticultural products worth $2,500 or more annually, and satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.; or
(2) A farm management unit less than five acres, producing agricultural or horticultural products worth $50,000 or more annually and otherwise satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.
COMMERCIAL PIGGERIESAny plot of land that is used for the raising, breeding and selling of hogs, swine or pigs where this use is not incidental to some other primary agricultural use of farm premises containing a dwelling.
COMMERCIAL WIRELESS TELECOMMUNICATIONS SERVICESLicensed commercial wireless telecommunications services, including cellular, personal communications services, specialized mobilized radio, enhanced specialized mobilized radio, paging and similar services that are marketed to the general public.
COMMISSIONThe Cannabis Regulatory Commission established pursuant to Section 31 of P.L. 2019, c. 153 (N.J.S.A. 24:6I-24).
COMMON PROPERTYA parcel or parcels of land or an area of water, or a combination of land and water, together with the improvements thereon, designed and intended for the ownership, use and enjoyment shared by the residents and owners of the development. Common property may contain such complementary structures and improvements as are necessary and appropriate for the benefit of the residents and owners of the development.
COMPLETE APPLICATIONAn application form completed as specified by ordinance and the rules and regulations of the municipal agency and all accompanying documents required by ordinance for approval of the application for development, including, where applicable, but not limited to, a site plan or subdivision plat; provided that the municipal agency may require such additional information not specified in the ordinance or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency. An application shall be certified as complete immediately upon the meeting of all requirements specified in the ordinance and in the rules and regulations of the municipal agency and shall be deemed complete as of the day it is so certified by the administrative officer for purposes of the commencement of the time period for action by the municipal agency.
CONDITIONAL USEA 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.
CONDITIONAL LICENSEA 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.
CONDOMINIUMAn apartment or townhouse building(s) where each dwelling unit is individually owned by respective housekeeping units while common property is collectively owned and maintained by all the residents of the building(s).
CONSUMERA 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.
CONSUMPTIONThe act of ingesting, inhaling, or otherwise introducing cannabis items into the human body.
COUNTY PLANNING BOARDA county planning board established by a county pursuant to N.J.S.A. 40:27-1 to exercise the duties set forth in such chapter, and also, in any county having adopted the provisions of the Optional County Charter Law, P.L. 1972, c. 154, N.J.S.A. 40:41A-1 et seq., any department, division, board or agency established pursuant to the Administrative Code of such county to exercise such duties, but only to the degree and extent that the requirements specified in such chapter for county planning boards do not conflict with the organization and structure of such department, division, agency or board as set forth in the Administrative Code of such county.
DECKAn exterior floor supported on at least two opposing sides by an adjacent structure, and/or posts, piers or other independent supports, except that a handicap ramp meeting barrier-free code requirements shall not be considered a deck and shall not be regulated by this chapter. Decks shall be unroofed, but may have a pergola or an arbor that shall not be higher than one story or 10 feet above the finished elevation of the deck surface, whichever is less.
DECK, ATTACHEDIf constructed 30 or more inches above finished grade and attached to the principal building or constructed within four feet thereof, shall be subject to the setback requirement as outlined in the Schedule of Area and Yard Requirements for that zone for the principal building.
DECK, DETACHEDIf constructed 30 or more inches above finished grade, but not attached to the principal building, the deck shall be subject to the Schedule of Area and Yard Requirements for that zone as an accessory structure.
DECK, GRADE LEVELIf constructed less than 30 inches in height above grade (measured from finished grade to the top of the deck), is not subject to the Schedule of Area and Yard Requirements for that zone, except that a minimum setback of 10 feet shall be maintained from property lines in all cases.
DECK HEIGHTFor an attached deck, the average vertical distance measured to the highest point of the deck from the mean elevation of the finished grade under the deck a distance of five feet away from the foundation along the side(s) of the building. For a detached deck, the average vertical distance to the highest point of the deck from the mean elevation of the finished grade as measured from a horizontal distance five feet away from the deck on all sides of the deck.
DELIVERYThe 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.
DIVERT or DIVERSIONMeans the taking of water from a river, stream, lake, pond, aquifer, well, other underground source, or other water body, whether or not the water is returned thereto, consumed, made to flow into another stream or basin, or discharged elsewhere.
DWELLING, DETACHEDA building physically detached from other buildings or portions of buildings which is occupied or intended to be occupied for residence purposes by one housekeeping unit and which has its own cooking, sleeping, sanitary and general living facilities.
DWELLING UNITA room or series of connected rooms containing living, cooking, sleeping and sanitary facilities for one housekeeping unit. The dwelling unit shall be self-contained and shall not require the use of outside stairs, common hallways, passing through another dwelling unit or other indirect route(s) to get to any portion of the dwelling unit, nor shall there be shared facilities with another housekeeping unit.
EQUIPMENT SHED/SHELTERAn enclosed structure, cabinet, shed or box at the base of the local communications facility within which are housed batteries and electrical equipment.
EXEMPT HOME OCCUPATIONA low-intensity use, exclusive of those home professional occupations otherwise permitted in this chapter, provided that such exempt home occupation conforms to the following requirements
(1) No person other than members of the household residing on the premises shall be engaged in such occupation.
(2) The use of the dwelling unit for the exempt home occupation shall be clearly incidental and subordinate to the use of the property for residential purposes by its residents, and not more than 20% of the floor area of the dwelling unit shall be used in the conduct of the exempt home occupation.
(3) There shall be no external auditory or visual evidence of the exempt home occupation.
(4) The exempt home occupation shall not necessitate any additional parking at any time in addition to those vehicles ordinarily used by the residents of the home. Commercial vehicles shall not be utilized in association with the exempt home occupation.
(5) No site plan approval is required for an exempt home occupation use.
FAAThe Federal Aviation Administration.
FARM(1) PRINCIPAL USESA lot of at least six acres, with the first acre devoted to the dwelling (if applicable) and at least five additional acres devoted to agricultural use, including the growing and harvesting of crops and the raising and breeding of farm animals, except that commercial piggeries are prohibited. Truck farms, fruit farms, nurseries, greenhouses, dairies and livestock produce are permitted.
(2) ACCESSORY USESBuildings incidental to farms such as greenhouses, buildings for the housing of seasonal workers for the farm's own use, barns and packing, grading and storage buildings limited to produce raised on the premises. Processing operations, buildings for the keeping of poultry, airstrips for the spraying of crops where primarily local crops are serviced, garages for the storage of farm equipment and farm stands are accessory farm uses.
FCCThe Federal Communications Commission.
FIRST-FLOOR AREAThe residential portion of a dwelling unit, excluding basements and garages, measured by using the outside dimensions of the residential portion of the building. For a split-level, bi-level or tri-level dwelling, the area shall be considered to be the sum of the areas of two adjoining levels, excluding basements and garages, provided both levels are connected by permanent, built-in stairs in the interior of the building.
FLAG LOTA lot which meets the area requirements of this chapter except lot frontage, which may be reduced to permit utilization of lands with limited road frontage.
FLOODPLAINThe relatively flat terrain adjoining a water channel which has been or may be hereafter covered by floodwater of the channel.
FLOOR AREA, FINISHEDIn the computation of required minimum floor area as required in this chapter, only finished space shall be calculated. "Finished floor area" is that space in which all internal systems (plumbing, heating, electrical service, etc.) are completely installed and operational and where finish materials (sheetrock, paneling, etc.) are in place and ready to receive cosmetic finishing (paint, wall covering, floor coverings, etc.). No floor area of any basement shall be included in the computation of minimum floor area as required in this chapter.
FOOTPRINTThe area of surface measured by using the outside dimensions of an accessory structure, typically from the outer edge of columns or vertical structural elements to calculate an enclosure measured in square feet.
GARAGE, PRIVATEAn accessory building or structure or portion of a main building or structure for the parking of vehicles and incidental storage requirements of the occupants of the principal use, building or structure of the lot, provided that, in the computation of required minimum floor area, a garage shall include a roof, walls and doors which fully enclose the garage space. A private garage attached to the principal building shall comply with the requirements to the principal buildings. A detached private garage shall comply with the accessory requirements provided for the zoning district in which the garage is located.]
GARAGE, PUBLICA building or part thereof, other than a private garage, used for the storage, care or repair of motor vehicles customarily used for private transportation, local schoolbuses, commercial vehicles, farm equipment and farm vehicles.
GARDEN APARTMENTAn apartment containing a minimum of six dwelling units and not exceeding two stories in height.
GAZEBOAn accessory structure consisting of a detached, covered, freestanding, open-air structure having a gross floor area not exceeding 300 square feet and a height not exceeding 12 feet.
GOLF COURSEAn area of 50 or more contiguous acres containing a full-size professional golf course at least nine holes in length, not less than three par each, together with the necessary accessory uses and structures such as clubhouses, dining and refreshment facilities, provided that the operation of such is incidental and subordinate to the operation of the golf course.
GRADE, FINISHEDA reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and a point five feet from the building. The finished grade shall include the completed surfaces of lawns, walks, driveways and roads brought to grade as shown on official plans. No certificate of occupancy will be issued until the finished grade has been completed.
GROSS FLOOR AREAThe area measured by using the outside dimension of the building, excluding the area of an attached garage, attic, open porch or patio. Gross floor area shall apply to detached accessory buildings and structures including, but not limited to, private garages, sheds and gazebos. Only those floor areas which have a ceiling height of eight feet or more and those areas used for storage space in nonresidential uses shall be included in the gross floor area. The gross floor area of a townhouse, apartment or other attached structure shall be measured from the center of interior walls and the outside of exterior walls.
HEIGHTWhen referring to a tower or other structure, the distances measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and antenna.
HOME OCCUPATIONAn occupation being conducted wholly or in part from a residence or its residential lot as an accessory use. Such occupations shall be conducted solely by resident occupants of the residential building, except that no more than two persons not residents of the building may be employed, and provided also that no more than 900 square feet or the equivalent of the first-floor area of the building, whichever is smaller, shall be used for such purpose; that the livable floor area for the residence shall remain at least as large as that required of the residences; that no display of products shall be visible from the street; that the residential character of the building shall not be changed; that the occupation shall be conducted entirely within either the dwelling unit or an accessory building, but not both; that no occupational sounds shall be audible outside the building; that no article shall be offered for sale on the premises; that no machinery or equipment shall be used which will cause interference with radio and television reception in neighboring residences; and that the use does not reduce the parking or yard requirements of the principal use.
HOMEOWNERS' ASSOCIATIONAn incorporated, nonprofit organization operating in a cluster or planned unit development under recorded land agreements through which:
(1) Each lot owner is automatically a member.
(2) Each occupied dwelling unit is automatically subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the Township.
(3) Each owner and tenant has the right to use the common property.
HOSPITAL, REST HOME AND NURSING HOMEAn establishment for rest and recuperation containing beds for four or more patients and used for the diagnosis, treatment or other care of human ailments.
HOUSEKEEPING UNITOne or more persons living together in one dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a nonprofit basis.
HYDROLOGIC UNIT CODE-11 or HUC-11Means an area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by an eleven-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.
IMMEDIATE FAMILYThose persons related by blood or legal relationship in the following manner: spouses, domestic partners, great-grandparents, grandparents, great-grandchildren, grandchildren, parents, sons, daughters, brothers and sisters, aunts and uncles, nephews, nieces and first cousins.
INDUSTRIAL PARKAn area wherein one or more buildings are erected for industrial purposes in relation to one another as part of an integrated and comprehensively planned total unit, whether or not the buildings are erected simultaneously or over a period of time.
INTERESTED PARTYIn a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey. In the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter, or whose rights to use, acquire or enjoy property under this chapter or under any other law of this state or of the United States have been denied, violated or infringed by an action or a failure to act under N.J.S.A. 40:55D-1 et seq.
LATTICE TOWERA freestanding tower with multiple legs and cross-bracing of structural steel.
LICENSEA license issued under P.L. 2021, 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. 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.
LICENSEEA person or entity that holds a license issued under P.L. 2021, 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 REPRESENTATIVEAn owner, director, officer, manager, employee, agent, or other representative of a licensee, to the extent that the person acts in a representative capacity.
LOADING SPACEAn off-street space or berth on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading or unloading, with 15 feet of vertical clearance.
LOTAny parcel of land separated from other parcels or portions as by a subdivision plat or deed of record, survey map or by metes and bounds, except that for purposes of this chapter contiguous undersized lots under one ownership shall be considered one lot, and except further that no portion of a street shall be included in calculating the lot boundaries or areas.
LOT AREAThe area contained within the lot lines of a lot, but not including any portion of a street right-of-way.
LOT, CORNERA lot on the junction of and abutting on two or more intersecting streets where the interior angle of the intersection does not exceed 135°.
LOT DEPTHThe shortest horizontal distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line.
LOT FRONTAGEThe 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 50% of the required minimum lot width, and except further as permitted in §
190-54. In the case of a corner lot, either street frontage which meets the minimum frontage required for that zone may be considered the lot frontage.
LOT LINEAny line forming a portion of the exterior boundary of a lot and the same line as the street line for that portion of a lot abutting a street.
LOT WIDTHThe straight and horizontal distance between side lot lines at setback points on each side lot line measured an equal distance back 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 setback line shall not be less than 75% of the minimum lot width for the zoning district in which the lot is located, except that such reduction shall not encroach on required side yards.
MANUFACTUREThe drying, processing, compounding, or conversion of usable cannabis into cannabis products or cannabis resins. Manufacture does not include packaging or labeling.
MEDICAL CANNABISCannabis 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.
MICROBUSINESSA person or entity licensed under P.L. 2021, c. 16., 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.
MINOR SITE PLANA development plan of one or more lots which does not involve the erection of a new structure or use or any addition to an existing structure or use which would exceed 25% of the existing floor area; does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to N.J.S.A. 40:55D-12; and contains the information required by this chapter for minor site plan approval.
MOBILE HOMEA dwelling unit manufactured in one or more sections, designed for long-term occupancy; containing living and sleeping accommodations, a flush toilet, a tub or shower, bath and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems; and designed to be transported, after fabrication, on its own wheels or on flatbed or other trailers, arriving at the site where it is to be occupied as a dwelling complete, usually including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations. For purposes of this chapter, travel trailers, campers, and camper trailers are not considered mobile homes.
MONOPOLEA single, freestanding pole-type structure, tapering from base to top, and supporting one or more antennas for wireless transmission.
NONCONFORMING BUILDING OR STRUCTUREA building or structure which in its location upon a lot or in its size does not conform to the regulations of this chapter for the zone in which it is located.
NONCONFORMING LOTA lot of record which does not have the minimum width, frontage, depth or contain the minimum area for the zone in which it is located.
NONCONFORMING USEA use occupying a building, structure or lot which does not conform to the use regulations of the district in which it is located.
NONCONSUMPTIVE USEMeans the use of water diverted from surface or groundwaters in such a manner that at least 90% of the diverted water is returned to the source surface or groundwater at or near the point from which it was taken.
PARKING SPACEA space for the parking of a motor vehicle within a public or on-street parking area. Parking stalls shall be a minimum size of nine feet by 18 feet. Ten-foot-by-eighteen-foot parking stalls shall be required wherever shopping carts or other wheeled conveyances are proposed for use and in all parking areas where individual parking stalls are not delineated.
PERGOLAAn accessory structure consisting of parallel colonnades supporting an open roof of crossing rafters or trelliswork. A freestanding pergola shall have a footprint not exceeding 300 square feet and a height not exceeding 12 feet. A pergola constructed as part of a deck shall comply with the requirements for a deck and the Schedule of Area and Yard Requirements for the zone in which the deck is located.
PERMITTED USEAny use of land or buildings as permitted by this chapter.
PORTABLE HOME STORAGE UNITA temporary accessory use involving a portable storage container used for storage of personal property of any kind, generically known as a “pod,” and is located outside an enclosed building or structure. Portable home storage units shall not exceed 16 feet in length, eight feet in width and eight feet in height.
PREEXISTING TOWERS AND ANTENNASAny tower or antenna for which a building permit has been properly issued prior to the effective date of this definition, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
PREMISES or LICENSED PREMISESIncludes the following areas of a location licensed under P.L. 2021, c. 16.: all public and private enclosed areas at the location that are used in the business operated at the location, including offices, kitchens, rest rooms, 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 USEThe main purpose for which a lot or building is used.
PRIVATE SCHOOLA privately administered institution of education whose general course work is comparable to the public school system and whose curriculum is approved by the New Jersey Department of Education or the New Jersey Department of Higher Education.
PRODUCEThe 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.
PROVIDERA company that provides wireless services via a local communications facility.
PUBLIC PLACEAny 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 PURPOSEThe use of land by the Township, Township School Board or some officially created Township agency, authority or commission of the Township.
PUBLIC UTILITYAny utility company operating under the regulations of the Board of Public Utilities and delivering such service as may be provided within Pemberton Township.
RESIDENTIAL AGRICULTUREThe growing and harvesting of plant life and the keeping of farm animals for the enjoyment of the residents on lots exceeding one acre.
RESIDENTIAL STORAGE SHEDA structure of slight construction with a gross floor area that is not less than 60 square feet nor greater than 200 square feet and a height not exceeding 12 feet and one story, used solely for storage of items typically found and/or used on residential properties, except for the storage of motor vehicles and not for the housing of animals. Residential storage sheds shall be prohibited within the front yard, except as provided for corner lots in Article
V, and shall be permitted in side and rear yards as set forth herein this chapter.
SEA BOXA temporary accessory use involving a metal transportable container designed for the storage and transport of goods from one location to another by road, rail and sea and modified for temporary use on land, where the structural integrity remains intact. Sea boxes shall not exceed 48 feet in length, 96 inches wide and 102 inches high.
SERVICE STATIONLands and buildings providing for the sale of fuel, lubricants and automotive accessories. Maintenance and minor repairs for motor vehicles may be provided, but no body repairs or painting or the storage of inoperable or wrecked vehicles shall be permitted.
SETBACK LINEA line drawn parallel to a street line or lot line and drawn through the point of a building nearest to the street line or lot line. The term "required setback" means a line that is established a minimum horizontal distance from the street line or the lot line and beyond which a building or part of a building is not permitted to extend toward the street line or lot line.
SIGNAny building or structure or portion thereof on which any announcement, declaration, demonstration, display, illustration or insignia is used to advertise or promote the interest of any person or product when the same is placed in view of the general public. Signs do not include the flag or emblem of any nation, organization of nations, state, city or any fraternal, religious or civic organizations; merchandise, pictures or models of products or services incorporated in a window display; works of art which in no way identify a product; or scoreboards located on athletic fields.
SITE PLAN REVIEWThe examination of the specific development plans for a lot. Wherever the term "site plan approval" is used in this chapter, it shall be understood to mean a requirement that the site plan be reviewed and approved by the Planning Board or Zoning Board, in certain cases.
STORYThat portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. For the purpose of this chapter, the interior of a roof shall not be considered a ceiling. A "half story" is the area under a pitched roof at the top of a building, the floor of which is at least four feet but no more than six feet below the plate.
STREETAny street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action pursuant to the Municipal Land Use Law (Chapter 291, Laws of 1975) or any prior act authorizing approval, or a street or way 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, sidewalks, parking areas and other areas within the street lines.
STREET LINEThe edge of the existing or future street right-of-way, whichever would result in the widest right-of-way, as shown on the adopted Master Plan or Official Map, forming the dividing line between the street and a lot.
STRUCTUREAnything constructed, assembled or erected which requires location on the ground or attachment to something having location on the ground, including, not limited to, buildings, arbors, carports, fences, garages, gazebos, pergolas, tanks, towers, signs, advertising devices, swimming pools and tennis courts.
SUBDIVISIONThe division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created: divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size; division of property by testamentary or intestate provisions; divisions of property upon court order, including but not limited to judgments of foreclosure; consolidation of existing lots by deed or other recorded instrument; and the conveyance of one or more adjoining lots, tracts or parcels of land owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map or atlas of the municipality. The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION APPLICATIONThe application for approval of a subdivision pursuant to the Municipal Land Use Law (P.L. 1975, c. 291, N.J.S.A. 40:55D-1 et seq.), or an application for approval of a planned unit development pursuant to the Municipal Land Use Law (P.L. 1975, c. 291, N.J.S.A. 40:55D-1 et seq.).
SWIMMING POOL, PORTABLEPortable pools shall not be subject to the requirements of §
190-46 and are those pools which are not otherwise permanently installed; do not require water filtration, circulation and purification; do not exceed 18 inches in depth; do not exceed a water surface area of 100 square feet; and do not require braces or supports.
SWIMMING POOL, PRIVATE RESIDENTIALMeans and includes artificially constructed pools, whether located above or below the ground, having a depth of more than 18 inches and/or a water surface of 100 square feet or more, designed and maintained for swimming and bathing purposes by an individual for use by members of his household and guests and which is located on a lot as an accessory use, and includes all buildings, structures, equipment and appurtenances thereto.
TAXICAB OPERATIONSLand, buildings, parking facilities and improvements that are authorized for use for the operation of a taxicab, pursuant to Chapter
164 of the Code of the Township of Pemberton.
TOWERAny ground- or roof-mounted pole, spire, structure or combination thereof that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including supporting lines, cables, wires, braces and masks. The term includes radio and television transmission towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like.
TOWER, MULTIUSERA tower to which is attached the antennas of more than one commercial wireless telecommunications service provider or governmental entity.
TOWNHOUSEOne dwelling unit in a line of four or more connected dwelling units where each dwelling unit is compatibly designed in relation to all other units but is distinct by such design features as width, setback, roof design, color, exterior materials and other features, singularly or in combination. Each dwelling unit may be a maximum of 2 1/2 stories in height, but nothing in the definition shall be construed to allow one dwelling unit over another.
TOWNSHIPThe Township of Pemberton, Burlington County, New Jersey.
TRACTAn area of land composed of one or more lots adjacent to one another having sufficient dimensions and area to make one parcel of land meeting the requirements of this chapter for the use(s) intended. The original land area may be divided by one existing public street and still be considered one tract, provided that the street is not an arterial or major collector road and that a linear distance equal to more than 75% of the frontage of the side of the street having the larger street frontage lies opposite an equivalent linear distance of street frontage on the other side of the street.
TRANSCRIPTA typed or printed verbatim record of the proceedings or reproduction thereof.
TRAVEL TRAILERA vehicular portable structure built on a chassis designed as a temporary dwelling for travel, recreation, vacation and other short-term uses and having an outside body width not exceeding eight feet and a length not exceeding 30 feet and which may contain cooking, sleeping and sanitary facilities.
WAREHOUSEA 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:
(1) STANDARD WAREHOUSEIs used for the storage of goods and material in inventory for extended periods of time and released on demand.
(2) TRANSLOAD FACILITYIs 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.
(3) SHORT-TERM STORAGEIs 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.
(4) COLD STORAGEIs 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.
(5) FULFILLMENT CENTERIs 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.
(6) PARCEL HUBIs 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.
YARD, FRONTAn open space extending across the full width of the lot and lying between the proposed street line as prescribed in the adopted Master Plan of Pemberton Township and the closest point of any building on the lot. The depth of the "front yard" shall be measured horizontally and at right angles to either a straight street line or the tangent lines of curved street lines. The minimum required "front yard" shall be the same as the required setback.
YARD, REARAn open space extending across the full width of the lot and lying between the rear lot line and the closest point of the principal building on the lot. The depth of the "rear yard" shall be measured horizontally and at right angles to either a straight rear lot line or the tangent lines or curved rear lot lines. The minimum required "rear yard" shall be the same as the required setback.
YARD, SIDEAn open space extending from the front yard to the rear yard and lying between each side lot line and the closest point of the principal building on the lot. The width of the required "side yard" shall be measured horizontally and at right angles to either a straight side lot line or the tangent lines of curved side lot lines.