ACCESSORY BUILDING, STRUCTURE OR USE A building, structure or use which is customarily associated with and is subordinate and incidental to the principal building, structure or use and which is located on the same lot therewith, whether the same be attached or detached. An accessory building attached to the principal building shall comply in all respects with the requirements applicable to the principal building, except as specifically noted herein. Barns and similar buildings on farms are considered accessory buildings.
ADMINISTRATIVE OFFICER For Planning Board matters, the Planning Board Assistant Secretary; for Zoning Board matters, the Zoning Board of Adjustment Assistant Secretary; for governing body matters, the Township Clerk; and for matters pertaining to the issuance of an official list of property owners for notice requirements pursuant to the requirements of the Municipal Land Use Law, the Township Planner. [Amended 11-28-2001]
ADVERSE EFFECTS Conditions or situations creating, imposing, aggravating or leading to impractical, unsafe or unsatisfactory conditions or tending to create such conditions in a development or any adjacent property, such as improper circulations and drainage as defined in N.J.S.A. 40:55D-3 and 40:55D-4, respectively, of the Municipal Land Use Law, as amended, inadequate drainage facilities, insufficient street width, unsuitable street grades, unsuitable conditions for on-site septic systems and wells, danger to wetlands and floodplains, unsuitable street location to accommodate prospective traffic or to coordinate and compose a convenient system, locating lots in a manner not adaptable for the intended purpose without danger to health or peril from flood, fire, erosion or other menace, providing for lots of insufficient size and neither providing nor making allowance for other facilities required by this chapter.
AGRICULTURAL PURPOSES The use of land for growing and harvesting crops and/or the raising, training and breeding of animals.
AGRICULTURE The growing and harvesting of crops and the raising, keeping, training and breeding of farm animals, including truck farms, livestock, dairies, fruit farming, nurseries and greenhouses, buildings for housing seasonal workers for the farmer's own use, barns and grading and storage buildings, commercial farm packing operations, buildings for keeping of poultry and livestock and garages for the keeping of equipment and trucks used in farm operations. Only commercial farms containing a minimum of 15 contiguous acres devoted to an agricultural activity may process the agriculture output as long as all processing operations maintain a two-hundred-foot front setback, and a one-hundred-foot side and rear setback. Agriculture shall not include abattoir nor commercial hog-raising, nor shall agriculture include commercial poultry farms unless the poultry house walls and brooder house walls are at least 500 feet from any lot line. A commercial poultry farm shall be deemed to be any farm on which there are more than 100 fowl. [Amended 12-11-2002]
ALTERATIONS AND ADDITIONS, STRUCTURAL Any change in or additions to the supporting members of a building, such as walls, columns, beams, girders, posts or piers.
ANTENNA Any transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies, wireless telecommunications signals or other communication signals. [Added 8-16-2006]
APPLICANT A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT The application form and all accompanying documents, fees and escrow deposits required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning approval, zoning variance or direction of the issuance of a permit pursuant to Article IV, Administrative Provisions, of this chapter, that has been issued a certificate of completeness by the appropriate approving authority. Until the application is deemed complete, the materials filed shall be considered an application for submission. [Amended 3-28-2012]
APPLICATION FOR SUBMISSION The filing of the application form and all accompanying documents, fees, escrow deposits required by ordinance for determination if an application is deemed complete for review and considered a submission. [Added 3-28-2012]
APPROVING AUTHORITY The Planning Board, unless a different agency is designated in the text of this chapter when acting pursuant to the authority of the Municipal Land Use Law, as amended.
ASSISTED LIVING RESIDENCE A facility which is licensed by the Department of Health to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed by its residents. Apartment units must include, at a minimum, an unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance, and the age of its residents shall be restricted to 62 years of age or older, except in the case of a spouse who is married to a resident who is 62 years of age or older. [Added 4-29-1997]
ASSISTED LIVING SERVICES A coordinated array of supportive personal care services and health care services available 24 hours per day to residents who have been assessed to need these services, to promote resident self-direction and participation in decisions that emphasize independence, individuality, privacy, dignity and homelike surroundings. [Added 4-29-1997]
ATRIUM HOUSE An attached unit similar to a townhouse, except it is arranged to produce a private yard designed for privacy through the use of building walls on at least two sides of the yard with fencing and/or walls on the remaining two sides. More than two units can be attached.
BASEMENT A story partly underground and having more than 40% of its floor to ceiling height above the average finished grade, measured at five-foot intervals along the entire perimeter of the foundation. Basements shall be included as a full story in the two-and-one-half story limitation contained in § 102-87. [Amended 12-30-2003]
BIKEPATH An off-street bikeway.
BIKEWAY A designated bicycle route.
BILLBOARD An off-site lettering or pictorial advertising sign or display.
BOARD OF ADJUSTMENT The Board established pursuant to Article IV, Administrative Provisions, of this chapter.
BUILDING A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
BUILDING COVERAGE The square footage or other area measurement by which all buildings, principal and accessory, occupy a lot as measured on a horizontal plane, including the area under the roof of any overhang or any structure supported by columns but not having walls, as measured utilizing the exterior perimeter of any such structure or overhang. [Amended 12-29-1999]
BUILDING HEIGHT The vertical distance measured to the highest point of a building from the average finished grade, measured at five-foot intervals along and five feet away from the foundation along the side(s) of the building facing a street. If the average finished grade consists of fill, the grading shall transition to the original grade at maximum slope of 8:1 for a minimum distance of 40 feet. (Retaining walls shall not be used within this 8:1 transition, except for walls that are perpendicular to the structure and designed for basement/cellar garages or walkout basements/cellars.) [Amended 12-30-2003]
BUILDING PRINCIPAL See "principal use" and "accessory building, structure or use."
BUILDING VOLUME The area of the three-dimensional space enclosed within the exterior walls, roof and the average finished grade of all sides of a structure, including those areas under the roof of any overhang or any structure supported by columns but not having walls. [Added 8-14-2013]
CAMPER A. 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 and which may contain cooking, sleeping and sanitary facilities.
B. An immobile structure containing cooking and/or 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.
CAMPER TRAILER See "trailer, camper."
CARTWAY The hard or paved surface portion of a street customarily used by vehicles in the regular course of travel. Where there are curbs, the cartway is that portion between the curbs.
CELLAR A floor wholly or partly underground and having 60% or more of its floor to ceiling height below the average finished grade, measured at five-foot intervals along the entire perimeter of the foundation. Cellars shall not be included in the two-and-one-half story limitation contained in § 102-87. [Added 12-30-2003]
CHANGE IN USE [Added 3-28-2012]
A. Any change from an industrial use to any other industrial use or to any other use category.
B. Any increase in the number of dwelling units in a structure or on a lot.
C. Any change from any nonresidential use to any other use for which any standard set forth in this chapter is greater or more restrictive.
D. Any change from a residential use to any nonresidential use.
E. Any change in use from any existing or permitted use to any conditional use.
F. Any change in activity that requires three or more off-street parking spaces.
G. Any change from any existing or permitted use to any permitted use which can be classified as being in a category lower on the following list than was the original use:
(1) Single-family residential.
(2) Two-family residential.
(3) Multifamily residential.
(4) Business office, professional office or retail store.
(5) Medical office.
CHECKLIST A list, contained herein, required to be submitted with application for development, detailing information, documents, plats and data to be submitted.
CHILD-CARE CENTER A center as defined and licensed by the New Jersey Department of Human Services pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.), as amended.
CIRCULATION Systems, structures and physical improvements for the movement of people, goods, fuel, water, air, sewage or power by such means as streets, highway, 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.
CLINIC A place where patients are studied or treated on an outpatient basis by physicians or other qualified professional people specializing in various ailments and practicing as a group and where no overnight accommodations are provided.
CLUSTER DEVELOPMENT A development technique based on overall dwelling unit density and allowing the lot sizes to be reduced without increasing the number of lots within the development, in order to generate open space and/or common open space.
COAH The New Jersey Council on Affordable Housing. [Added 6-9-2004]
COMMERCIAL FARM [Added 12-11-2002]
A. 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 et seq.); or
B. 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 et seq.).
COMMON OPEN SPACE An open space area within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
COMMON PROPERTY Land or water or a combination of land and water, together with improvements, within or related to a site designated as a development and designed and intended for the use and 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.
COMPLETE APPLICATION FOR PURPOSE OF DETERMINING TIME PERIOD FOR ACTION An application for development shall be deemed complete for the purpose of commencing the applicable time period for action by the approving authority when a completed application, checklist and all documents, data and information required therein has been submitted and so certified by the approving authority or its authorized committee or designee. In the event that the approving authority, committee or designee does not certify the application to be complete within 45 days of its submission or within such further time as may be consented to by the applicant, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period, unless the application lacks information indicated on a checklist adopted by ordinance and provided to the applicant and the approving authority or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the approving authority or its authorized committee shall grant or deny the request for a waiver within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he or she is entitled to approval of the application. The approving authority may subsequently require the correction of any information found to be in error or incomplete and the submission of additional information, specified or not specified in this chapter but not included in the certified application, or any revisions in or addition to 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 approving authority. As used herein, the words "submission of complete application" or "complete application" shall mean an application that has been certified as a complete application. [Amended 3-28-2012]
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.
CONSERVATION, OPEN SPACE, DRAINAGE AND UTILITY RIGHT-OF-WAY EASEMENT Grant or grants to the Township sufficient to permit the Township to fulfill the intent and purposes of this easement as provided for in the definition of "drainage and utility right-of-way" and in § 102-69, Public use, service areas and easements, in Part 3.
CONVENTIONAL DEVELOPMENT 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, as amended.
COUNTY PLANNING BOARD The Monmouth County Planning Board as defined in Section 1 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.1).
DAYS Calendar days.
DENSITY The number of dwelling units per gross acre of land to be developed. For purposes of this chapter, "gross density" shall mean the number of dwelling units permitted on the total acreage of the original tract, and "net density" shall mean the number of units permitted on some smaller portion of the original tract devoted to a particular dwelling unit type (i.e., townhouses, apartments, etc.) and those associated parking areas, access drives and required yards.
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 propriety 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 for which permission may be required pursuant to this chapter.
DEVELOPMENT FEES Money paid by an individual, person, partnership, association, company or corporation related to the improvement of property as permitted in COAH's rules and as required by this chapter. [Added 6-9-2004]
DEVELOPMENT REGULATION A zoning ordinance, subdivision ordinance, site plan ordinance, Official Map ordinance and/or other municipal regulation of the use and development of land or amendment thereto adopted and filed.
DEVELOPMENT REGULATIONS ORDINANCE Includes but is not limited to zoning ordinance, subdivision ordinance and site plan ordinance procedures and requirements.
DIAMETER AT BREAST HEIGHT (DBH) The diameter of a tree measured 4 1/2 feet above the natural ground. [Added 10-29-2008]
DRAINAGE The removal or control of surface water or groundwater from land by drains, grading or other means and includes control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE AND UTILITY EASEMENT Grant or grants to the Township sufficient to permit the Township to fulfill the intent and purpose of the easement as provided for in the definition of "drainage and utility right-of-way" and in § 102-54, Drainage, and § 102-69, Public use, service areas and easements, in Part 3.
DRAINAGE AND UTILITY RIGHT-OF-WAY The lands required for the installation and maintenance of stormwater and sanitation sewers, water pipes or drainage ditches and other utilities or required along a natural stream or watercourse for the present or future installation and maintenance of stormwater and sanitation sewers or drainage ditches and for maintaining and preserving the channel and providing for the flow of water therein to safeguard the public against flood damage, in accordance with Chapter 1 of Title 58 of the Revised Statutes, as amended.
DRIP LINE An imaginary ground line around a tree that defines the limits of the tree canopy. [Added 10-29-2008]
DUPLEX A two-family dwelling.
DWELLING, SINGLE-FAMILY DETACHED A building occupied or intended to be occupied for residential purposes by one family.
DWELLING, TWO-FAMILY A building containing only two dwelling units and intended for residential occupancy by two families living independent of each other and each with its own separate building entrance and sleeping, cooking and sanitary facilities.
DWELLING UNIT A building or part thereof having cooking, sleeping and sanitary facilities for one family.
EFFICIENCY UNIT A dwelling unit in a garden apartment building, consisting of a bath plus one main room without permanent separations to be used for living, dining and bedroom facilities, and with a kitchen area separated from the main room by either a permanent wall or a sliding wall or some other temporary partition.
EQUALIZED ASSESSED VALUE (EAV) The value of a property determined by the Municipal Tax Assessor through a process designed to ensure that all property in the municipality is assessed at the same assessment ratio or ratios required by law. Estimates at the time of issuance of a building permit may be obtained utilizing estimates for construction cost. Final equalized assessed value will be determined at project completion by the Municipal Tax Assessor. Added 6-9-2004
EROSION The detachment and movement of soil or rock fragments by water, wind, ice and gravity.
EXAMINATION ROOM Any room wherein special equipment may be installed for use in the examination and treatment of a patient, as distinguished from a waiting room, counseling room or office of such practitioner.
EXEMPTED DEVELOPMENT Subdivision approval, site plan approval, planned development, conditional use permit, zoning variance, direction of the issuance of a permit pursuant to Article IV, Administrative Provisions, of this chapter or Township Engineer's major development grading and drainage review is required prior to the issuance of zoning approval. [Added 3-28-2012]
FAMILY One or more persons, either related or unrelated, living together as a single, nonprofit housekeeping unit on a fairly stable, rather than a transient basis, where the occupants share the ordinary tasks of living in a dwelling unit, such as, but not limited to, cooking and eating together, sharing inside and outside chores and household expenses and performing other functional duties and activities akin to emulating family life, in contrast to a group occupying a boardinghouse, rooming house, hotel, motel or similar living arrangements.
FARM A lot of at least five acres used for agricultural purposes.
FARM ANIMALS Shall include, but is not limited to, horses, ponies, mules, sheep, goats, chickens, ducks, geese, pigeons, cows, swine and cattle. [Added 5-14-1997]
FARMLAND PRESERVATION PROPERTY A lot, tract or parcel of land, which is encumbered with a deed restriction prohibiting its use for purposes other than agriculture as defined herein, which was created or is about to be created in connection with an application for development in accordance with a program of farmland preservation pursuant to the Agricultural Retention and Development Act[2] or a similar state, county or municipal law, regulation or program recognized by the Colts Neck Township Farmland and Open Space Committee, and which is placed on the Farmland and Open Space Committee's prioritized list of properties recommended for acquisition of development rights or in fee simple for farmland preservation. [Added 8-18-1999]
FARM MANAGEMENT UNIT A parcel or parcels of land, whether contiguous or noncontiguous, together with agricultural or horticultural buildings, structures and facilities, producing agricultural or horticultural products, and operated as a single enterprise. [Added 12-11-2002]
FARM STAND AND SITE, TEMPORARY SEASONAL A structure such as a building, wagon, truck or similar arrangements, signs and parking and the lands upon which they are located, used for the wholesale or retail marketing of the agricultural and horticultural output of a commercial farm in accordance with N.J.S.A. 4:1C-9. Marketing of pick-your-own product operations is included.
FAST-FOOD RESTAURANT A public eating place where food and drink prepared for immediate consumption is purchased at a counter by the customer and either eaten on the premises at tables provided therein or eaten in the purchaser's automobile or eaten off the premises. Those restaurants where food is consumed only at tables on the premises and is served by waiters and/or 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.
FENCE A construction, usually made of posts and wire or wood, plastic or iron, used as a barrier to enclose or border an area, to prevent entrance, to confine, to mark a boundary or for decorative or landscaping purposes. When installed in a landscaping or conservation, open space, drainage and utility right-of-way easement, any ten-foot section of an installed fence, when viewed from a right angle, shall have a minimum of 60% open space, and the open space shall be reasonably uniformly distributed along each ten-foot section of fence, and no more than one two-foot section of any ten-foot section of fence may be solid.
FINAL APPROVAL The official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled in accordance with the provisions of this chapter and the required improvements have been installed or guaranties properly posted for their completion or approval conditioned upon meeting all the above conditions and requirements.
FIRST FLOOR AREA The residential portion of a building, excluding basement and garages, measured by using the outside dimensions of the floor of the residential portion of the building closest to the mean elevation of the finished grade. For a split-level or three-level dwelling, the area shall be considered to be the sum of the areas of the two adjoining levels, excluding cellars and garages, closest to the mean elevation of the finished grade as defined under "building height."
FLOOD FRINGE That portion of the flood hazard area outside of the floodway.
FLOOD HAZARD AREA or AREA OF SPECIAL FLOOD HAZARD The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.
FLOODPLAIN The generally flat terrain, subject to periodic flooding, adjacent to streams, ponds, lakes or swamps.
FLOODWAY The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.
FLOOR AREA The sum of the area in square feet of all floors of buildings and all floors of structures on the lot, measured by using the outside dimension of the building, including those areas under the roof of any overhang or any structure supported by columns but not having walls. In nonresidential structures, floor area shall include all floor areas, including the floor area used for storage and other commercial purposes, regardless of the ceiling height. However, cellars which are at least 50% below grade at all building corners and are used exclusively for storage and or mechanical equipment shall not be considered as floor area. [Amended 12-29-1999]
FLOOR AREA RATIO The sum of the area of all floors of buildings or structures compared to the total area of the site.
FOOTCANDLE A unit for measuring illumination, equaling the amount of light per unit area (lumens per square foot).
FRONT LOT LINE FOR BUILDING WIDTH PROJECTION The line that is created by connecting the two points where the minimum side yard setbacks of the lot are extended to intersect the street line. [Added 12-29-1999]
FULL-TIME FARM EMPLOYEE A person who is gainfully employed by a farm to perform agricultural services for at least 20 hours per week or at least 1,000 base hours, excluding overtime, per year. [Added 8-11-2004]
GARAGE, PRIVATE A building or structure attached to or accessory to a main building or structure and used mainly for the parking of such vehicles of the occupants or users of the principal use, building or structure as are customarily used for private, personal transportation in residential districts or used in the conduct of permitted uses in the business zones.
GARAGE, PUBLIC A 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 school buses, commercial vehicles, farm equipment and farm vehicles, excluding, however, all nonfarm equipment and vehicles used for off-the-road purposes and omnibuses other than local school buses.
GARDEN APARTMENT A multifamily building containing at least five dwelling units. Separate dwelling units shall be on both the first and the second floors.
GOLF COURSE, TYPE A An area of 200 or more contiguous acres containing a full-size, professional golf course of at least 18 holes with permitted accessory uses as covered in § 102-93B(3).
GOLF COURSE, TYPE B An area of 130 or more contiguous acres containing a full size golf course of at least 18 holes with limited accessory uses as covered in § 102-93C(3).
GOVERNING BODY The legislative body of the Township of Colts Neck.
HEALTH CARE SERVICES Any service provided to a resident of an assisted living residence that is ordered by a physician and required to be provided or delegated by a licensed, registered or certified health care professional. Certified health care professional shall not include a certified homemaker/home health aide or certified nurse aide. [Added 4-29-1997]
HELICOPTER A rotary wing aircraft that depends principally upon the lift generated by engine-driven rotors rotating on a substantially vertical axis for its primary means of propulsion.
HELIPORT An area of defined dimensions designated for the landing and takeoff of helicopters and used solely for that purpose. Such area may include passenger and cargo facilities, fueling service, storage space, tie-down spaces, hangars and other accessory buildings.
HELISTOP, PRIVATE A ground-level area of defined dimensions designated for the landing and takeoff of helicopters. Such area shall be limited to the operation of helicopters which are owned or controlled by the owner or the occupant of the premises or by guests or patrons of such owner/occupant. Such area may include refilling but no maintenance, repair or hangar facilities, except that a tie-down area may be provided for and limited to the accommodation of a single aircraft.
HELISTOP, PUBLIC A ground-level area of defined dimensions designated for the landing and takeoff of helicopters. Such area shall be open to use by any helicopter regardless of ownership and control. Such area may include refilling, maintenance, repair or hangar facilities.
HISTORIC SITE Any building, structure, area or property that is significant in the history, architecture, archaeology or culture of this state, its communities or the nation and has been so designated pursuant to provisions of applicable law.
HOMEOWNERS' ASSOCIATION An incorporated nonprofit organization operating in a development under a recorded land agreement through which each lot owner, condominium owner, stockholder under a cooperative development or other owner of property or interests in the project shall be a member. Each dwelling unit and/or property owner is subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance cost levied against the association by the municipality, and each owner and tenant has a right to use the common property.
HORSE TRACK A circular, elliptical, rectangular, oblong or similarly shaped endless accessory structure either enclosed or outside, usually constructed of earth, used for the exercise and/or training of horses and/or driver and riders on a farm. Notwithstanding the above, indoor or outdoor riding arenas and paddocks shall not be considered a horse track. [Amended 5-25-2005]
INTERESTED PARTY
A. In a criminal or quasi-judicial 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 chapter or, under any other law of this state or of the United States, has been denied, violated or infringed by an action or failure to act under this chapter.
JUDGMENT OF REPOSE A judgment issued by the Superior Court approving a municipalilty's plan to satisfy its fair share obligation. [Added 6-9-2004]
JUNKYARD Any area of land, with or without building, regardless of size, devoted to the storage, keeping or abandonment of junk or debris, whether or not it is in connection with the dismantling, processing, salvage, sale or other use or disposition thereof, including by way of illustration but not of limitation: vehicles, tires, vehicle parts, paper, rags, metal, glass or plastic, old household appliances, wood, lumber, brush, garbage and any debris or any material whatsoever.
LAND Includes improvements and fixtures on, above or below the surface.
LANDSCAPE EASEMENT Grant or grants to the Township sufficient to permit the Township to fulfill the intent and purpose of this easement as provided for in § 102-69D.
LOADING SPACE An off-street space or berth on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading or unloading material, measuring at least 12 feet by 45 feet and with at least 16 feet of vertical clearance.
LOT A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREA The area contained within the lot lines of a lot, but shall not include any portion of a street or street right-of-way.
LOT, CORNER A lot on the junction of and abutting two or more intersecting streets.
LOT COVERAGE The area of a lot covered by buildings, structures and paved surfaces, including but not limited to driveways, parking areas, sidewalks, patios and decks, whether constructed of blacktop, compacted stone, flagstone, brick, concrete, wood or similar material, but excluding the water surface of any swimming pool and the areas of balconies. The maximum lot coverage shall be measured against the total area of the lot.
LOT DEPTH The 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 FRONTAGE The horizontal distance between side lot lines measured along the street line. In case of a corner lot, the minimum frontage requirement shall be met on one street and a minimum frontage which meets the required lot depth for that zone shall be provided on the other street. In the case of a through lot, the minimum frontage requirement shall be met on both streets. For the purpose of this chapter, only continuous uninterrupted lot lines shall be accepted as meeting the frontage requirement. [Amended 5-25-2005]
LOT, INTERIOR A lot other than a corner lot.
LOT LINE Any 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 streets.
LOT WIDTH The minimum horizontal distance between side lot lines, measured throughout the area formed by the side lot lines, a line located at the minimum required front yard setback line and a line located parallel to the front yard setback line 50 feet further from the street line.
LOWER-INCOME Most recent income limits established for low and moderate income levels by the New Jersey Council of Affordable Housing for the Township's housing region.
LUMEN A unit of light quantity.
MAINTENANCE GUARANTY A security which may be accepted by a municipality for the maintenance of any improvements required by this chapter, including but not limited to surety bonds, letters of credit as specified hereinafter and cash.
MAJOR SUBDIVISION Any subdivision not classified as a minor subdivision.
MANUFACTURED HOME A unit of housing which:
A. Consists of one or more transportable sections which are substantially constructed off site and, if more than one section, are joined together on site;
B. Is built on a permanent chassis;
C. Is designed to be used, when connected to utilities, as a dwelling on a permanent or nonpermanent foundation; and
D. Is manufactured in accordance with the standards promulgated for a manufactured home pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, P.L. 93-383 (42 U.S.C. § 5401 et seq.), and the standards promulgated for a manufactured or mobile home pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.).
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 the Municipal Land Use Law, N.J.S.A. 40:55D-28, and amendments thereto.
MAYOR A member of the Township Committee designated by his or her fellow Committee members as the Chairperson of the Township Committee who, pursuant to statutes, may also be designated as the Mayor.
MICROBREWERY An establishment engaged in brewing malt alcoholic beverages for sale and distribution to wholesalers and retailers licensed in accordance with the State Alcoholic Beverage Law. [Added 5-14-2014]
MINOR SUBDIVISION Any subdivision resulting in not more than two lots (including the remaining portion of the tract), all fronting on an existing improved street or streets; not involving any new streets or other extension of municipal facility improvements; not involving the extension of any off-tract improvements, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42; not adversely affecting the development of the remainder of the parcel or adjoining property; if the street frontage of the subject lots has not been fully improved to meet the requirements of this chapter, not adjacent on one or both sides to lots which have or within three years are expected to have fully improved frontage; and not a further subdivision of an original tract of land for which previous minor subdivision(s) have been approved and where the combination of the proposed and approved minor subdivision constitutes a major subdivision. The original tract of land shall be considered any tract or lot created by subdivision prior to 5-12-1966, at which time this provision was adopted as part of the Development Regulations Ordinance of the Township of Colts Neck.
MOBILE HOME PARK A parcel of land or two or more parcels of land containing no fewer than 10 sites equipped for the installation of manufactured homes, where these sites are under common ownership and control for the purpose of leasing each site to the owner of a manufactured home for the installation thereof and where the owner or owners provide services, which are provided by the municipality in which the park is located for property owners outside the park, which services may include, but shall not be limited to:
A. Construction and maintenance of streets.
B. Lighting of streets and other common areas.
C. Garbage removal.
D. Snow removal
E. Provisions for the drainage of surface water from home sites and common areas.
MODULAR HOME A 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 an outside system; designed to be transported on a flatbed or on other trailers in sections, arriving at the site where it is assembled for occupancy as a complete dwelling; on a permanent foundation; and in conformity with the Uniform Construction Code.
MULTIFAMILY A building containing three or more dwelling units.
MUNICIPAL AGENCY A municipal Planning Board or Board of Adjustment or a governing body of a municipality when acting pursuant to this chapter.
NEIGHBORING BUILDINGS Buildings located within five lots or 1,000 feet of the building in question, whichever is less, as measured along any street line in all directions and including those buildings directly across the street from those incorporated in this defined distance.
NONCONFORMING LOT A lot in which the area, dimension or location was lawful prior to the adoption, revision or amendment of a zoning and/or development regulation 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 SITE A lot in which the development contains violations of the site design standards of this chapter.
NONCONFORMING STRUCTURE A structure of which the size, dimension or location was lawful prior to the adoption, revision or amendment of a zoning and/or development regulation 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 and/or development regulation 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.
OFFICE A business establishment which does not offer a product or merchandise for sale to the public, but wherein services are performed involving predominantly administrative, professional or clerical operations. However, personal services, repair services, retail services and manufacturing or fabrication services are not an office activity. [Added 5-25-2005]
OUTDOOR CAFES An exterior dining facility immediately adjacent to and accessory to a restaurant where meals are served to patrons by waiters/waitresses. Outdoor cafes shall be located entirely on private property, open to the elements and surrounded by a hedge, which may be portable, a minimum of three feet in height. In outdoor cafes, all fixtures and furnishings must be of a temporary nature, capable of being brought in at closing time and must be brought in and stored during nonoperational months (see § 102-109C). [Added 10-28-1998]
PARKING SPACE An area of not less than nine feet wide by 20 feet in length, either within a structure or in the open, for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes and public rights-of-way, except that nothing shall prohibit private driveways for single-family dwellings from being considered off-street parking space, provided that no portion of such private driveway within the right-of-way line of the street intersected by such driveway shall be considered off-street parking space. The area is intended to be sufficient to accommodate the exterior extremities of the vehicle. Wheel blocks shall be installed within this area to prevent the bumper from overhanging one end of the parking space. The width and length of each space shall be measured perpendicular to each other regardless of the angle of the parking space to the access aisle or driveway. The length of parking spaces may be reduced to 18 feet and no wheel blocks required if a two-foot strip immediately adjacent to but beyond the edge (curb) of the parking area is designed to allow a two-foot bumper overhang. This area is not to be considered as part of the required landscape area.
PARTY IMMEDIATELY CONCERNED For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice.
PATIO HOME A single-family detached unit on a small lot with walls along the side yards for privacy, usually with the home placed along one side lot line. The front and rear yard may also be walled.
PERFORMANCE GUARANTY Any security which may be accepted by a municipality, including but not limited to surety bonds, letters of credit, as specified hereinafter, and cash.
PERMITTED USE Any use of land, buildings or structures as permitted by this chapter.
PERSONAL CARE SERVICES Services supportive to residents' care and comfort, including but not limited to assistance with activities of daily living. [Added 4-29-1997]
PLANNED DEVELOPMENT Planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
PLANNING BOARD The municipal Planning Board established pursuant to Article 2 of the Municipal Land Use Law, as amended.
PLAT A map or maps of a subdivision or site plan.
PLAT, FINAL The plat of all or a portion of the subdivision prepared and submitted to the approving authority for final approval in accordance with Article V of this chapter.
PLAT, PRELIMINARY The plat prepared and submitted to the approving authority as a part of the application for preliminary approval in accordance with Article V of this chapter.
PLAT, SKETCH The plat prepared and submitted to the approving authority for purposes of classification and discussion in accordance with Article V of this chapter.
PRELIMINARY APPROVAL The conferral of certain rights pursuant to N.J.S.A. 40:55D-46, 40:55D-48 and 40:55D-49 of the Municipal Land Use Law, as amended, 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 of a structure 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 and exterior materials, finish and appearance.
PRINCIPAL BUILDING The building in which the lot's principal use is located or conducted. [Added 12-29-1999]
PRINCIPAL USE The main purpose for which a lot, structure or building or portion thereof is used.
PRIVATE SCHOOL An institution of elementary, secondary or higher 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.
PROCESSING Changing the natural state of an agricultural output produced by a commercial farm into another product to be sold. [Added 12-11-2002]
PUBLIC AREAS
A. Public parks, playgrounds, trails, paths and other recreational areas;
B. Other public open spaces;
C. Scenic and historic sites;
D. Sites for schools and other public and municipal buildings and structures; and
PUBLIC DEVELOPMENT PROPOSAL A Master Plan, capital improvement program or other proposal for land development adopted by the appropriate public body and any amendments thereto.
PUBLIC DRAINAGEWAY The land reserved or dedicated for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.
PUBLIC OPEN SPACE An open space area conveyed or otherwise dedicated to a municipality, municipal agency, Board of Education, state or county agency or other public body for recreation or conservational uses.
PUBLIC SCHOOL An institution of elementary, secondary or higher education administered by a public School Board and permitted by the statutes of the State of New Jersey and whose curriculum is approved by the New Jersey Department of Education or the New Jersey Department of Higher Education.
QUADPLEX A building containing four dwelling units.
QUORUM The majority of the full authorized membership of a municipal agency.
RECREATION COURT, PRIVATE RESIDENTIAL An area of over 1,000 square feet, and appurtenances thereto, primarily used for recreation purposes, such as, but not limited to, tennis and basketball Courts; which utilizes specially constructed surfaces of any composition, including but not limited to clay, earth or wood, whether or not grading or moving of earth is required; which is designated and maintained for recreational purposes by an individual for use by members of his or her household and guests; and which is located on a lot as an accessory use, and shall include all associated structures, posts, fences, equipment and appurtenances thereto. This includes grass Courts, if permanently installed, and associated structures, posts, fences, equipment or other appurtenances thereto are involved.
RESIDENTIAL CLUSTER An area to be developed as a single entity according to a plan containing residential housing units which have an open space or common property 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.
RESTAURANT 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.
RESUBDIVISION
A. The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or
B. The alteration of any streets or the establishment of any new street within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instruments.
RIDING/TRAINING STABLE, TYPE 1 A farm upon which, in addition to other permitted agricultural uses, horses may be stabled for the public for a fee. The farm owner/operator may provide training for a fee for stabled horses and the owners thereof or the stabled horse owner agents, utilizing the stabled horse (i.e., not horses owned by the farm owner/operator) which is or will be stabled on premises for a minimum of 30 consecutive days. Private horse shows are permitted. Renting horses for riding or providing riding instructions for a fee to the public or similar activities is not permitted. See regulations in Part 4.
RIDING/TRAINING STABLE, TYPE 2 A farm upon which, in addition to other permitted agricultural uses and the uses permitted for a riding/training stable, Type 1, the farm owner/operator may provide riding and similar instructions to the public for a fee utilizing the farm owner's/operator's horses. Private horse shows are permitted. Renting horses for riding or similar activities to the public is not permitted. See regulations in Part 4.
RIDING/TRAINING STABLE, TYPE 3 A farm upon which, in addition to other permitted agricultural uses and the uses permitted for a riding/training stable, Type 2, the farm owner/operator may hold public horse shows. Renting horses for riding or similar activities to the public is not permitted. See regulations in Part 4.
ROUTE 34, COLTS NECK, HIGHWAY ACCESS MANAGEMENT PLAN The plan incorporated in a document entitled "Final Report Route 34, Colts Neck, Highway Access Management Plan, New Jersey Department of Transportation, Monmouth County, Township of Colts Neck dated April 4, 1997 prepared by Garner Associates and on file with the office of the Township Clerk. [Added 8-13-1997]
SAMPLING (WINE) The selling at a nominal charge or the gratuitous offering of an open container not exceeding one and one half ounces of any wine. [Added 12-19-2000]
SCENIC VIEWSHED BOUNDARY A vista from a public street along which traverses through an ever-changing, aesthetically pleasing environment that consists of natural and man-made elements that possess such high degree of visual quality that driving or walking along the street is a pleasurable and enjoyable experience. The depth of the scenic viewshed boundary, measured at right angles from straight streets and radial from curved streets, shall be 250 feet in the AG Zone and 150 feet in all other zones. [Added 5-25-2005]
SEASONAL DECORATIONS Any structure, not displaying numbers or letters, used to display holiday symbols or insignias or themes, such as, but not limited to, decorated Christmas trees, air-filled balloons or figures, wood figures, cutouts and similar constructions.
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.
SERVICE STATION Lands, buildings, devices and/or machines providing for the sale of fuel, lubricants and automotive accessories and/or providing maintenance and minor repairs for motor vehicles customarily used for private transportation, local public school buses, commercial vehicles and farm equipment; excluding, however, all nonfarm equipment and vehicles used for off-the-road purposes, buses other than local public school buses, body repairs or painting or the storage of inoperable or wrecked vehicles.
SETBACK LINE A line drawn parallel with a street line or lot line, whichever is more limiting, 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.
SHOPPING CENTER An integrated group of six of more connected commercial establishments which is planned, developed and managed as a single unit and where the exterior appearance is of separate stores and where each storefront varies from the adjacent storefront by distinguishable differences in building materials, colors, rooflines, window treatments and/or door styles and which otherwise meets the design standards established by §§ 102-115 through 102-124 of this chapter.
SIDEWALK SALES The outdoor sale and display of inventory conducted for profit in association with a principal building already operating as a lawful commercial use.
SIGHT TRIANGLE A triangular area abutting two intersecting streets where vision is unobstructed; area is formed by the intersecting street lines and a line connecting a point on each street line at a set distance from the intersection.
SIGHT TRIANGLE EASEMENT Grant or grants to the Township of Colts Neck sufficient to permit the Township to fulfill the intent and purpose of the easement as provided for in § 102-73, Sight triangles, fences and walls, and § 102-77, Streets, in Part 3.
SIGN Any building or structure or portion thereof on which any announcement, statement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interest of any person or product when the same is placed in view of the general public. Balloons and air-filled objects used for advertisement are considered signs for the purpose of this chapter. See "seasonal decorations."
SILTATION BASIN A facility through which stormwater is directed and which is designed to collect silt and eroded soil from a designated area.
SITE PLAN A development plan of one or more lots on which is shown:
A. The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, wetlands, marshes and waterways;
B. The location of all existing and proposed buildings, easements, drives, parking spaces, walkways, means of ingress and egress, lighting and screening devices; and
C. Any other information that may be reasonably required in order to make an informed determination pursuant to an ordinance requiring review and approval of site plans by the Planning Board.
SITE PLAN, EXEMPT Site plan approval by the approving authority shall not be required for single-family dwellings or for accessory buildings to agricultural and horticultural uses, except as specifically noted herein, unless such uses are located in an area of special flood hazard or a freshwater wetlands area; except that horse tracks and associated accessory buildings, such as stables and feed sheds; and dams are not exempt. Interior building alterations which do not involve a change in use or additional parking shall be exempt. [Amended 12-10-2014]
SITE PLAN, MAJOR All site plans not defined as either minor or exempt. Any development or any portion of a development proposing nonresidential use or residences other than one single-family dwelling per lot shall require site plan approval.
SITE PLAN, MINOR A development plan for the development of a new building or a building addition or a building alteration or a change in use which involves fewer than five parking spaces and/or less than 500 additional square feet of floor area and/or involves a change in lot coverage totaling not more than 10% of the lot area and/or does not involve a planned development, any new street or any off-tract improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42 and contains 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.
SITE PLAN REVIEW The examination of the specific development plans for a lot, including all pertinent data required for a site plan review by this chapter. Whenever 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.
STANDARDS OF PERFORMANCE Standards adopted by ordinance regulating noise levels, glare, earth-borne 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 or such other similar matters as may be reasonably required by the municipality or as are required by applicable federal or state laws or municipal ordinances.
STEEP SLOPE A slope greater than 15% over a distance greater than 30 feet wide, measured on a horizontal plane and containing an area of more than 1,500 square feet.
STORY That 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 be considered a ceiling. A half story is a story under a pitched roof at the top of a building, the floor of which is at least four feet below the plate.
STREET Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway or which is shown upon a plat heretofore approved pursuant to law or which is approved by official action as provided by this chapter or 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 including the lands 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. For the purpose of this chapter, the term "street" shall be classified to conform to the Colts Neck Township Master Plan as follows:
FREEWAY A street to provide entirely for the uninterrupted movements of motor vehicles, with no access to abutting properties. It is designed for high-speed regional traffic movements.
PRIMARY ARTERIAL A street to carry traffic to and from the freeway system and is the major traffic generator within the area.
SECONDARY ARTERIAL A street to serve as a connector between the collector system and the primary arterial system.
MAJOR COLLECTOR A street which forms the boundary of major blocks of land and is intended primarily for short-trip interneighborhood traffic and as feeder roads into commercial and similar areas.
MINOR COLLECTOR A street intended primarily for access into major blocks of land and not for through traffic.
LOCAL A street intended primarily for access to individual properties and not for through traffic.
STREET LINE The edge of the existing or future street right-of-way, whichever would result in the widest right-of-way, as shown in the adopted Master Plan, Official Map or Route 34, Colts Neck, Highway Access Management Plan, forming the dividing line between the street and the lot. [Amended 8-13-1997]
STREET RIGHT-OF-WAY DEDICATION Lands dedicated to the Township for streets. See § 102-77, Streets, in Part 3.
STRIP MALL An integrated group of six or more connected commercial establishments which is planned, developed and managed as a single unit and where the development contains a uniform architectural appearance. An integrated group of six or more connected commercial establishments which meets the definition of and design requirements of a shopping center is not a strip mall.
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. See also § 102-87, Note b.
SUBDIVIDER Any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for the owner of record or for another, with consent of the owner of record.
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 or any other purpose. The following shall not be considered a subdivision 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; divisions 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, 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 of the municipality. The term "subdivision" shall also include the term "resubdivision". See § 102-14, Exemptions from subdivision and site plan regulations.
SUBMISSION An application for development shall not be accepted as a submission until it is certified as a complete application by the approving authority. Until the application is deemed complete, the material filed shall be considered an application for submission. [Added 3-28-2012]
SUBSTANTIVE CERTIFICATION A determination by COAH approving a municipality's housing element and fair share plan in accordance with the provisions of the Fair Housing Act[6] and the rules and criteria as set forth herein. [Added 6-9-2004]
SUPERMARKET A retail establishment containing over 60,000 square feet of gross floor area which sells food and other household goods.
SWIMMING POOL, PORTABLE Portable pools shall not be subject to the pool requirements of this chapter and are those pools which are not permanently installed; do not require water filtration, circulation and purification; do not exceed 18 inches in depth; do not exceed a water surface of 100 square feet; and do not require braces or supports.
SWIMMING POOL, PRIVATE RESIDENTIAL An artificially constructed pool, 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, which is designed for use by members of the associated household and guests and which is located on a lot as an accessory use, and shall include all buildings, structures, equipment and appurtenances thereto.
TECHNICAL REVIEW COMMITTEE A Committee of at least three Planning Board members, appointed by the Chairman of the Planning Board with the approval of the majority of the Board, for the purpose of reviewing all applications prior to action by the entire Board to determine whether such applications comply with the ordinance provisions and to make recommendations to the Planning Board for classifications and action. The Committee shall be authorized to determine the need for professional services in the performance of its duties and to utilize the services of the Planning Board's professionals and such other professionals as the Board may determine. In the event that no Technical Review Committee has been created, the functions delegated to it shall be performed by the Planning Board.
TOUR BUS Any vehicle with a seating capacity of over nine persons traveling for pleasure, business, educational or recreational purposes. School buses from accredited educational institutions shall not be considered tour buses. [Added 12-19-2000]
TOWNHOUSE One single-family dwelling in a line of three or more connected single-family dwellings. Each single-family dwelling may have one or two stories, but nothing in this definition shall be construed to allow one dwelling unit over the other.
TRACT An area of land comprised of one or more lots having sufficient dimensions and area to meet the requirements of this chapter for the use(s) intended. The land area of the existing streets shall not be included in calculating the area of the tract.
TRAILER, TRAVEL A vehicular portable structure built on a chassis and designed as a temporary dwelling for travel, recreation, vacation and other short-term uses, having an outside body length not exceeding 30 feet and which may contain cooking, sleeping and sanitary facilities.
TRANSCRIPT A typed or printed verbatim record of the proceedings or reproduction thereof.
VARIANCE Permission to depart from the literal requirements of a zoning ordinance pursuant to N.J.S.A. 40:55D-40 of the Municipal Land Use Law, as amended.
VINEYARD An agricultural use on a farm where grapes or grape vines are grown and cultivated. [Added 12-19-2000]
WALL A fence-type construction, usually solid and usually made of wood or masonry.
WAREHOUSE A building or group of buildings used for the long-term storage of goods and materials by the owner of the goods or operated for a specific commercial establishment. [Added 5-14-2014]
WILD ANIMALS Shall include animals normally kept in zoological gardens, such as, but not limited to, lions, tigers, bears, deer, poisonous snakes and alligators, as well as smaller locally indigenous animals, such as raccoons and skunks, and/or any animal listed as an endangered or threatened species by any state or federal agency. [Added 5-14-1997]
WIND ENERGY SYSTEM A wind energy conversion system consisting of a wind turbine, a tower and associated control or conversion electronics which has a rated capacity consistent with applicable provisions of the State Uniform Construction Code and which will be used primarily for on-site consumption. [Added 8-10-2011]
WIND ENERGY SYSTEM HEIGHT The height above grade of the tower plus the wind generator. [Added 8-10-2011]
WIND ENERGY TOWER HEIGHT The height above grade of the fixed portion of the tower excluding the wind generator. [Added 8-10-2011]
WIND GENERATOR Blades and associated mechanical and electric conversion components mounted on top of the tower. [Added 8-10-2011]
WINERY An establishment accessory to a vineyard where fruit juice, wine or brandy is obtained by fermenting the natural contents of fruits grown on site and where sugar or other agricultural product is added. A winery includes the pressing of fruits for fermentation in barrels or bottles and where the agricultural product is prepared for marketing. At least 90% of the juice, wine or brandy must be produced from grapes and fruit grown and cultivated in the vineyard or orchard on site, except that for the first five years of the winery operation, at least 51% of the juice, wine and brandy must be produced from grapes and fruit grown on site. A winery must have a farm winery license issued by the State of New Jersey. [Added 12-19-2000]
WINERY RETAIL SALES AREA A retail component of a winery as covered in § 102-86D(16). [Added 12-19-2000]
WIRELESS TELECOMMUNICATIONS TOWER Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio, pager and similar communication purposes, including self-supporting lattice towers, guide towers or monopole towers. The term includes radio and television transmitting towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and support thereto. [Added 8-16-2006]
YARD An open, unoccupied space extending away from a building or structure in all directions. The minimum yard requirements shall be the same as the minimum setback requirements. When measuring the setbacks and yards required for a building or structure, they shall be measured horizontally, in a straight line and in such perpendicular or radial direction as will provide the largest setback or yard. For front, side and rear yards, see the applicable definitions herein. Where a development may involve more than one principal building on a lot, such as, but not limited to, a shopping center, the distance between any two principal buildings shall be the sum of the two abutting yards of the buildings, unless the zoning requirements specify a specific distance different from the sum of the two abutting yards. For example, if the side of one building faces the side of another building, the minimum distance between the two buildings shall be equal to the sum of both required side yards, or front-to-rear, front-to-front, etc.
YARD, FRONT An open, unoccupied space extending across the full width of the lot and lying between the street line and the closest point of any permitted dwelling or permitted building or structure on the lot. The depth of the front yard(s) shall be measured horizontally, in a straight line and at right angles to either a straight street line or the point of tangency on curved street lines. The minimum required front yard shall be the same as the required front yard setback. A corner lot or any lot abutting more than one street shall have a front yard adjacent to each street.
YARD, REAR The area extending across the full width of the lot and lying between the rear lot line and closest point of the principal building on the lot. The depth of the rear yard shall be measured horizontally, in a straight line and at right angles to either a straight rear lot line or the point of tangency on curved rear lot lines. The minimum required rear yard shall be the same as the required rear setback.
YARD, SIDE The area 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, in a straight line and at right angles to either a straight side line or the point of tangency on curved side lot lines. The minimum required side yard shall be the same as the required side setback.
COMPACTION The increase in soil bulk density.
CORE A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
COUNTY REVIEW AGENCY An agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
(1) A county planning agency; or
(2) A county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.
DEPARTMENT The New Jersey Department of Environmental Protection.
DESIGNATED CENTER A state development and redevelopment plan center as designated by the State Planning Commission, such as urban, regional, town, village or hamlet.
DESIGN ENGINEER A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.
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 structure, and minimum 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 by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55-D1 et seq. In the case of development of agricultural lands, "development" means: any activity that requires a state permit; any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC) and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
DRAINAGE AREA A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.
ENVIRONMENTALLY CRITICAL AREAS An area or feature which is of significant environmental value, including but not limited to: stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and wellhead protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
EROSION The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
IMPERVIOUS SURFACE A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
INFILTRATION The process by which water seeps into the soil.
MAJOR DEVELOPMENT Any development that provides for ultimately disturbing one or more acres of land. Disturbance for the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation.
MUNICIPALITY Any city, borough, town, township or village.
NODE An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
NUTRIENT A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
PERSON Any individual, corporation, company, partnership, firm, association of Colts Neck Township or political subdivision of this state subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
POLLUTANT Any dredge spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.], thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the state, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.
RECHARGE The amount of water that infiltrates into the ground and is not evapotranspired.
SEDIMENT Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.
SITE The lot or lots upon which a major development is to occur or has occurred.
SOIL All unconsolidated mineral and organic material of any origin.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1) An area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the state's future redevelopment and revitalization efforts.
STATE PLAN POLICY MAP The geographic application of the State Development and Redevelopment Plan's goals and statewide policies and the official map of these goals and policies.
STORMWATER Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.
STORMWATER MANAGEMENT BASIN An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE Any structural or nonstructural strategy, practice technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.
STORMWATER RUNOFF Water flow on the surface of the ground or in storm sewers, resulting from precipitation.
WATERS OF THE STATE The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
WETLANDS OR WETLAND An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."
GROUP HOME means a living arrangement within a residential structure leased or owned and operated by a licensee, which provides the opportunity for individuals with developmental disabilities to live together in a residence within a home environment, sharing in chores and the overall management of the residence. Staff in a group home provide supervision, training, and/or assistance in a variety of forms and intensity as required to assist the individuals as they move toward independence. (N.J.A.C. 10:44A-1.3)
DEVELOPMENTAL DISABILITY means a severe, chronic disability of a person which:
[a] Is attributable to a mental or physical impairment or combination of mental or physical impairments;
[b] Is manifest before age 22;
[c] Is likely to continue indefinitely;
[d] Results in substantial functional limitations in three or more of the following areas of major activity; self-care; receptive and/or expressive language; learning; mobility; self- direction; and capacity for independent living or economic self-sufficiency;
[e] Reflects the need for a combination and sequence of special interdisciplinary or generic care, treatment, or other services which are of lifelong or extended duration and are individually planned or coordinated; and
[f] Drug, alcohol or substance abuse shall not be considered a developmental disability.