A subordinate use or building, the purpose of which is incidental to that of a main use or building on the same lot.

Collectively refers to CUMA and CREAMMA.

The Clerk of the Planning Board for Planning Board matters.

Development designs or existing features on a developer's property or nearby property creating, imposing, aggravating or leading to impractical, unsafe, unsatisfactory or noncomplying conditions, such as a layout inconsistent with the zoning regulations; insufficient street width; unsuitable street grade; unsuitable street location; inconvenient street system; inadequate utilities such as water, drainage, shade trees and sewerage; unsuitable size, shape and location of any area reserved for public use or land for open space in a planned development; infringement upon land designated as subject to flooding; and the creation of conditions leading to soil erosion by wind or water from excavation or grading; all as set forth in N.J.S.A. 40:55D-38 and measured against the design and performance standards of this chapter.

A comprehensively designed residential development containing dwellings with occupancy limited to at least one member of the household 55 years of age or older with no children under 19 years of age in permanent residence, pursuant to the Federal Fair Housing Amendments Act of 1998 and any amendments thereto, including but not limited to the Housing for Older Persons Act of 1995. Irrespective of the Federal Fair Housing Amendments Act, there shall be no occupancy of any residential unit unless at least one member of the household, who is also a titleholder to the property, is 55 years of age or older.

An organization issued a permit pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et al.) to operate as a medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary, or clinical registrant, as well as any alternative treatment center deemed pursuant to Section 7 of that Act (N.J.S.A. 24:6I-7) to concurrently hold a medical cannabis cultivator permit, a medical cannabis manufacturer permit, and a medical cannabis dispensary permit. This definition shall be consistent with CUMA and all amendments thereto.

The Planning Board unless a different agency is designated in this chapter.

Land and building providing for the sale of fuel, lubricants and automotive accessories or for maintenance and minor repairs for motor vehicles, excluding body repairs or the storage of inoperable or wrecked vehicles.

A half-story space partly underground but having not more than 1/2 of its floor-to-ceiling height above the average grade as defined in "building height." A basement shall be counted as a story if its ceiling is four or more feet above the average grade as defined in "building height."

An off-site lettered or pictorial advertising sign.

The area of a lot covered by buildings.

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

All parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured for use in cannabis products as set forth in the NJCREAMMA, 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 al.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et al.); marijuana as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et al.), or marihuana as defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied to any offense set forth in the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et al.); 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 al.) as long as said hemp does not contain more than the state and/or federal allowable limits of Delta-8-Tetrahydrocannabinol or Delta-9-Tetrahydrocannabinol, the compound commonly known as "THC." This definition shall be consistent with the CREAMMA and all amendments thereto.

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 obtained from the retailer or permit holder may be consumed. This definition shall be consistent with the CREAMMA and all amendments thereto.

Any licensed person or entity that grows, cultivates or produces cannabis in this state, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 1 cannabis cultivator license. This definition shall be consistent with the CREAMMA and all amendments thereto.

Any licensed person or entity that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service which, after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer. This person or entity shall hold a Class 6 cannabis delivery license. This definition shall be consistent with the CREAMMA and all amendments thereto.

Any licensed person or entity that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities. This person or entity shall hold a Class 4 cannabis distributor license. This definition shall be consistent with the CREAMMA and all amendments thereto.

A cannabis cultivator, cannabis manufacturer, cannabis wholesaler, or cannabis retailer as defined herein and in the CREAMMA.

Any licensed person or entity that processes cannabis items in this state by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 2 cannabis manufacturer license. This definition shall be consistent with the CREAMMA and all amendments thereto.

Any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing a cannabis item into the human body. "Cannabis paraphernalia" does not include drug paraphernalia as defined in N.J.S.A. 2C:36-1 and which is used or intended for use to commit a violation of Chapter 35 or 36 of Title 2C of the New Jersey Statutes.

Any licensed person or entity that purchases or otherwise obtains usable cannabis from cannabis growers and cannabis items from cannabis manufacturers or cannabis wholesalers and sells these to consumers from a retail store. Cannabis retailers shall hold a Class 5 cannabis retailer license pursuant to the CREAMMA. This definition shall be consistent with the CREAMMA and all amendments thereto.

The co-location or combination of the following activities related to the production of usable cannabis products within a single corporate entity: cannabis cultivators and manufacturers or cannabis retailers and cannabis delivery services.

Any licensed person or entity that purchases or otherwise obtains, stores, sells or otherwise transfers and may transport cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers. This person or entity shall hold a Class 3 cannabis wholesaler license. This definition shall be consistent with the CREAMMA.

An institutional or designated caregiver, as defined in the Act, who is authorized to assist with a registered qualifying patient's medical use of cannabis.

The paved surface of a street, such as the portion between curbs or the portion between the edges of the paved width where there are no curbs.

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

A development technique based on a density of dwelling unit(s) per acre. The permitted number of dwelling units is clustered onto one or more portions of the overall tract on reduced lot sizes so that individual segments of the tract have higher densities, provided that other portions of the tract are left in open space or common property so that the gross density limitation of the entire tract is not exceeded.

Land or water, or a combination, together with improvements, 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 property includes common open space and may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16)[1]; legalizes personal use cannabis for certain adults, subject to state regulation; decriminalizes small amount marijuana and hashish possession; removes marijuana as a Schedule I drug.

The New Jersey Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (approved January 18, 2010), amended by P.L. 2019, c. 153 (approved July 2, 2019), codified as N.J.S.A. 24:6I-1 et seq.

A number expressing dwelling units per gross acre of land.

A building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof.

A building occupied or intended for occupancy as separate living quarters for two families or more than two households, with direct access from the outside for each family or household or through a common hall, and further provided that separate cooking, sleeping and sanitary facilities are provided for the exclusive use of the occupants of each dwelling unit.

A detached building containing one dwelling unit.

A room or series of connected rooms containing living, cooking, sleeping and sanitary facilities for one family.

One or more persons living and cooking together as a single, nonprofit housekeeping unit, exclusive of household servants.

The ratio of gross floor area to the lot area.

A building containing four or more apartments, such building having a maximum height of two stories, except as permitted in § 94-38.

The total floor area in a structure measured around the outside of the building at each story. If sharing a common wall, the area shall be measured from the center of interior walls and the outside of exterior walls. In residential uses the gross floor area shall exclude the areas of the garage, attic, open porch or patio, cellar, utility areas, heating and cooling rooms and all portions of floor areas which have a ceiling height above them of less than 7.5 feet. In nonresidential structures, the gross floor area shall exclude areas used for utility, heating, cooling and other mechanical equipment, but shall include all other areas including cellars, warehousing and storage areas, regardless of ceiling height.

A solar energy system, as defined herein, that is mounted on armatures anchored to the ground with ground cover beneath.

An occupation conducted or based in the single-family residence occupied by its proprietor or operator of a service character such as tailoring, beauty care or family day-care home, as defined in N.J.S.A. 40:55D-66.5b, further including a home workshop, storage and assembly area for building trades, such as plumbing, carpentry and electrical work performed off site, further including bench-top model making, bench-top repair and bench-top assembly work, but specifically excluding light manufacturing, kennels, any transportation terminal or depot use, automobile or other motor vehicle repair or small engine repair, and junkyards or the collection of scrap metals or recyclable materials.

An office conducted in the single-family residence occupied by its proprietor or operator which does not involve the presence of customers at the office or the transmission of goods other than documents, either electronically or by mail, to or from the office.

A nonprofit corporation operating under a recorded land agreement through which each lot or dwelling unit owner shall be a member; the owner of each dwelling unit is subject to a charge for a proportionate share of the organization's expenses for activities and maintenance, including any maintenance costs levied against the association by the township; and each owner and tenant has a right to use the common property.

An office conducted in the single-family residence occupied by its proprietor or operator, including home professional offices and home business offices involving the presence of customers, patients or clients at the office but not involving the retail sale of goods on site and not involving the rendering of personal care services, such as beauty care, hair care or the like.

A tract comprehensively planned for industrial or office uses, whether or not the buildings are erected in one development stage or over a period of time, but where the streets, utilities and lots and/or tenant's parcels are set forth for the entire tract prior to construction of any portion of the tract. As development takes place, changes may be made in the plans for the undeveloped section(s), provided that the modifications conform to logical extensions of installed segments of streets, drainage, utilities and other facilities. Parks with no subdivided lot shall have buildings spaced so that the mortgage and/or lease lines conform to the requirements for lot lines to establish conformance with this chapter for such matters as building setbacks, buffers, driveway locations and distances between buildings.

Any area of land, with or without buildings, devoted to the storage, keeping or abandonment of junked motor vehicles, junk or debris, whether or not it is in connection with the dismantling, processing, salvage, sale or other use or disposition thereof of any material whatsoever.

An off-street berth on the same lot as the building being served for the temporary parking of a vehicle while loading or unloading.

The area contained within the lot lines, but not including any portion of a street. The minimum lot area of a lot fronting on a street proposed to be widened in the adopted Master Plan shall be the minimum area required for the district in which it is located plus the additional area needed to anticipate the widening of the street. See Article VII for additional qualifications on the measurement of lot area.

The area of a lot covered by buildings and paved surfaces.

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

The horizontal distance between the side lot lines measured along the street lines. 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 lot frontage may be reduced to 75% of the required minimum lot width.

Any line, including the street line, forming a portion of the exterior boundary of a lot.

The distance between side lot lines measured parallel to the street line at the minimum building setback.

Any subdivision not classified as a minor subdivision.

An organization issued a permit by the commission that authorizes the organization to: purchase or obtain medical cannabis and related supplies from medical cannabis cultivators; purchase or obtain medical cannabis products and related supplies from medical cannabis manufacturers; purchase or obtain medical cannabis, medical cannabis products, and related supplies and paraphernalia from other medical cannabis dispensaries and from clinical registrants; deliver, transfer, transport, distribute, supply, and sell medical cannabis and medical cannabis products to other medical cannabis dispensaries; furnish medical cannabis, including medical cannabis products, to a medical cannabis handler for delivery to a registered qualifying patient, designated caregiver, or institutional caregiver consistent with the requirements of Subsection i of Section 27 of P.L. 2019, c. 153 (N.J.S.A. 24:6I-20); and possess, display, deliver, transfer, transport, distribute, supply, sell, and dispense medical cannabis, medical cannabis products, paraphernalia, and related supplies to qualifying patients, designated caregivers, and institutional caregivers. A medical cannabis dispensary permit shall not authorize the permit holder to cultivate medical cannabis, to produce, manufacture, or otherwise create medical cannabis products.

The acquisition, possession, transport or use of cannabis or paraphernalia by a registered qualifying patient as authorized by the CUMA.

A subdivision of land that does not adversely affect the development of the remainder of the tract or any adjoining property and does not involve the creation of more than three lots fronting on an existing improved street and including the remainder of the original lot; any new street; or extension of any off-tract improvement.

A place for the transaction of business where reports are prepared and records are kept, but where no retail sales of goods are offered and where no manufacturing, assembling or fabricating takes place.

Improvements made outside the lot in question or outside the original tract, respectively, to accommodate conditions generated by a proposed development, including but not limited to new improvements and extensions and modifications of existing improvements.

An energy system produces up to 110% of the energy that the principal use consumes on average in a year.

Any use of land or buildings permitted by this chapter.

The entity responsible for the regulation and enforcement of activities associated with the production and/or sale of cannabis. This shall include the New Jersey Department of Health and the Cannabis Regulatory Commission, established pursuant to Section 31 of P.L. 2019, c. 153 (N.J.S.A. 24:6I-24), which shall assume all powers, duties, and responsibilities with regard to the regulation and oversight of activities authorized pursuant to P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et al.) from the Department of Health for the further development, expansion, regulation, and enforcement of activities associated with the medical use of cannabis pursuant to P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et al.). This shall also include any Borough cannabis committee or entity set up for the review and local licensing of cannabis businesses.

The plat of all or a portion of the development submitted for final approval and, if approved as a subdivision, shall be filed with the County Recording Officer within the required time, otherwise the approval shall be void.

The plat submitted for purposes of classification and discussion.

The plat submitted as a part of the application for preliminary approval.

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

An 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.[2]

The use of land and/or buildings by a municipal, county, state or federal agency or authority.

A resident of the State of New Jersey who has been authorized for medical use of cannabis by a health care practitioner, and who has been registered by the permitting authority as a registered qualifying patient.

A contiguous area of a lot within the building envelope which does not contain existing or proposed street rights-of-way, wetlands and their associated transition areas as determined and/or verified by the New Jersey Department of Environmental Protection, floodplains, severe slopes, critical slopes, stormwater detention and/or retention facilities, existing easements which preclude structures and areas of zero to one-foot seasonal high-water table, based upon the Warren County Soil Survey. The areas of contiguity shall have a minimum width dimension of 50 feet. Required improvable areas shall be accessible to frontage on a street.

A commercial establishment where food and drink are prepared, served and consumed. As used in this chapter, a restaurant shall not include a fast-food restaurant as defined herein.

A commercial establishment where food and drink prepared for immediate consumption are purchased at a counter and either eaten on the premises, in the purchaser's automobile or off the premises. Those restaurants where food is consumed only at tables on the premises and served by waiters and waitresses shall not be deemed fast-food restaurants. Fast-food restaurants shall also not include those retail stores where food is primarily sold for preparation and consumption elsewhere, although, as a secondary use of the premises, prepared food may also be sold over the counter for immediate consumption, such as a delicatessen.

The total width and length of the course of a street, watercourse, utility alignment or other way, and within, under or over which all improvements and rights of access are confined.

A solar energy system, as defined herein, that is mounted to the roof of a building or structure.

A line parallel to a street line or lot line beyond which a building does not project. The minimum yard requirements shall be the minimum required setbacks. All setbacks from public streets shall be measured from the proposed right-of-way as shown on the adopted Master Plan.

A tract comprehensively planned for two or more retail businesses, whether or not the building(s) are erected in one development stage or over a period of time, but where the access, parking, buildings, utilities and lots and/or tenants' parcels are set forth for the entire tract prior to construction of any portion of the tract. Where there is more than one building, each building shall be spaced as if they were to be on separate lots in order to establish conformance with this chapter for such matters as building setbacks, buffers, driveway locations and distance between buildings.

A triangular area at the quadrants of street intersections where unobstructed visibility is maintained along the intersecting street.

Any announcement, display or illustration placed to be seen from any street or public way.

The square footage of the structure, board, surface, material, flag or banner, including any boundary, edge or rim, to the outermost border thereof, and in the case of cloth or other flexible materials measured when the same are stretched to their largest extent. A flat sign having two faces, commonly referred to as "double-faced signs," shall be permitted.

Any announcement, display or illustration placed to be seen from any street, public way or area open to the public, which may or may not have ongoing or intermittent basis for an unlimited period of time.

Any announcement, display or illustration placed so as to be seen from any street, public way or other area open to the public erected for a limited time and, after the passage of such limited time, permanently removed.

A requirement that the minor or major site plan be approved by the approving authority prior to the issuance of a building permit or certificate of occupancy.

Single-family and two-family dwellings, unless such dwellings involve a home occupation. Building alterations which do not involve a change in use or additional parking or additional building area shall be exempt.

All site plans for new developments and those site plans not defined as minor or exempt.

A nonexempt site plan for development where all of the following conditions are met:

The examination of the specific development plans for a lot.

Slopes having a gradient greater than 25%.

Slopes having a gradient of 15% and not greater than 25%.

A solar energy system, as defined herein, that is used to generate electricity and has a nameplate capacity of 100 kilowatts or less.

A wind energy system, as defined herein, that is used to generate electricity and has a nameplate capacity of 100 kilowatts or less.

A solar energy system and all associated equipment which converts solar energy into a usable electrical energy, heats water or produces hot air or other similar function through the use of solar panels.

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

That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof above, excluding spaces defined as "half story."

For an attic space, a habitable space that has a stairway as a means of access and egress and in which the ceiling area at a height of seven feet above the attic floor is not more than 1/3 the area of the next floor below. A half story shall also include a basement that is accessible from grade. A half story shall be counted as a full story if it does not meet the definition of "half story" as defined herein. A single-family dwelling may have a habitable attic or a half-story basement, but not both.

The edge of the existing or future street right-of-way, whichever is wider, as shown on an adopted Master Plan or Official Map or as required by this chapter, forming the dividing line between the street and the lot.

One dwelling unit in a row of three or more attached dwelling units.

One or more lots. Existing streets shall not be included in calculating the area of the tract.

The dried leaves, flowers, stems, stalks of a Cannabis sativa plant, including any mixture manufactured as a tincture, ointment, salve, or products prepared for oral digestion, but does not include the seed or roots of the plant.

Services, including, but not limited to, sewage treatment, water supply, gas, electric, telephone and cable television.

A wind turbine and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component necessary to fully utilize the wind generator.

Equipment that converts energy from the wind into electricity. This term includes base, blade, foundation, nacelle, rotor, blades, tower, transformer, vane, wire, inverter, batteries or other components to store and/or transfer energy.

An open space extending between the closest point of any building and a lot line or street line. All yard dimensions shall be measured horizontally and at right angles to either a straight street line, lot line or building facade or perpendicular to the point of tangent of curved lines and facades.

The area extending across the full width of a lot between the street line and a line parallel to the street line through the nearest point of the principal building.

The area extending across the full width of the lot between the rear lot line and a line parallel to the street line through the nearest point of the principal building to the rear lot line.

The area extending from the front yard to the rear yard and lying between each side lot line and the building.