Glossary forEatontown (Borough of), Monmouth County, NJ

ENVIRONMENTALLY CRITICAL AREAS An area or feature which is of significant environmental value, including but not limited to wetlands, floodplains, important farm lands, agricultural development areas, steep slopes, endangered or threatened species and their designated habitats, important aquifer recharge areas, coastal areas, stream corridors, parks and preserves.

PUBLIC RIGHT-OF-WAY Any street or road shown upon a map or plan filed in the Monmouth County Clerk's office or on the Official Map of the Borough of Eatontown.

SHRUB Native or volunteered laurel and wild azaleas having a root crown (the diameter of the trunk just prior to its spreading into roots) of three inches or greater at the soil or surface level.

SITE Any lot, tract, parcel, or parcels of land within the Borough.

TREE Any of the following living trees having a trunk of a diameter greater than as set forth below, measured at one foot above ground level:

(a) Deciduous tree: six inches (or circumf. 19 inches).

(b) Coniferous tree: six inches (or circumf. 19 inches).

TREE REMOVAL AND SITE CLEARING PERMIT A certificate issued by the Building Inspector of the Borough to remove or destroy trees or shrubs as defined in this subsection.

UNDISTURBED AREA An area in which trees, shrubs and undercover will not be disturbed by filling, cutting, or by any other means.

ACCESSORY BUILDING, STRUCTURE OR USE A building, structure or use devoted exclusively to a use incidental and subordinate to the principal building or use of the lot. [Amended by Ord. No. 3-80]

ACID SOIL A soil, which, upon exposure to the atmosphere, becomes more acid and, as a result of its composition, continues to release additional acidity to surrounding soils, percolating groundwater and runoff water. Soil with a pH below 7 shall be considered acid.

ADMINISTRATIVE OFFICER

(1) For developments not requiring Planning Board or Zoning Board action: the Construction Official.

(2) For developments requiring Planning Board or Zoning Board action: the Administrative Secretary of the Planning Board and Zoning Board.

(3) For matters within the jurisdiction of the governing body: the Borough Clerk.

(4) For furnishing a list of owners: the Tax Assessor. [Amended by Ord. No. 6-86]

ADMINISTRATIVE SECRETARY The single individual who has been appointed as the Administrative Secretary of both the Planning Board and the Zoning Board.

ADVERTISING STRUCTURE Any rigid or semirigid structure with or without a sign displayed thereon situated upon or attached to real property or mobile objects and outdoors for the support of furnishing a background, base or support on which a sign may be posted or displayed.

ALTERATIONS Alterations," as applied to a building or structure, means a change or rearrangement in the structural support; or a change in the exterior appearance; or a change in height, width or depth; or moving a building or structure from one location or position to another; or changing, adding to or removing from or otherwise affecting the exterior appearance of a building or structure.

ALTERNATIVE TOWER STRUCTURE Man-made trees, clock towers, bell steeples, light poles, flag poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers. [Amended by Ord. No. 8-2000]

AMBULATORY HEALTH CARE FACILITY An establishment where patients are admitted for examination and treatment on an outpatient basis by physicians, dentists, or other medical personnel, psychologists or social workers and where such examination and treatment generally requires a stay of less than 24 hours. Medical offices for employees that are incidental to the primary use of the facility as a ambulatory health care facility are permitted. [Added 12-8-2010 by Ord. No. 24-2010]

AMUSEMENT ARCADE An indoor/outdoor space, open to the public, that contains coin-operated games, rides, shows, and similar entertainment facilities and devices. [Added 12-8-2010 by Ord. No. 24-2010]

ANCHOR USE A major use containing a minimum of 40,000 square feet of gross leasable area within a shopping center that serves to attract patrons and stimulate activity among commercial uses within the center. [Amended by Ord. No. 15-92]

ANIMAL CARE CENTER A facility used to house stray, homeless, abandoned or unwanted animals and that is owned, operated, or maintained by a public body, or by a nonprofit organization such as an established humane society, animal welfare society, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals. [Added 7-11-2007 by Ord. No. 21-2007]

ANTENNA Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. [Amended by Ord. No. 8-2000]

APPLICANT A developer submitting an application for development.

APPLICATION FOR DEVELOPMENT The application form and all accompanying documents required by this chapter for approval of the subdivision plat and site plan, conditional use, zoning variance, the direction or issuance of any permit for a structure or alteration or the direction of the issuance of a permit pursuant to any other section of the Land Use Law, Chapter 291, P.L. 1975.

APPROVING AUTHORITY The Planning Board or the Zoning Board of Adjustment or the Mayor and Council when acting pursuant to the authority of this chapter, unless a different agency is designated by this chapter.

ASSISTED LIVING FACILITY A facility for four or more adult persons, unrelated to the proprietor, providing separate apartment-style residences for the frail elderly for which a Certificate of Need as an assisted living residence has been obtained. An assisted living facility provides congregate dining and such assisted living services as are required and/or permitted by the regulations of the New Jersey Department of Health. Services provided by an assisted living facility include rooms, meals, personal care, and supervision of self-administered medication and may include other personal services to the residents such as recreational facilities, financial services, and transportation. [Amended by Ord. No. 03-2001]

ATTACHED BUILDING A principal building separated from another building on one or more sides by either a vertical party wall, or by solid contiguous walls without any side walls.

AUCTION OR AUCTION MARKET Any premises on which are held, either regularly or periodically, auction sales of merchandise and/or personal property.

BACKHAUL NETWORK The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network. [Amended by Ord. No. 8-2000]

BASEMENT A story partly underground, but having at least 50% of its cubic volume above adjacent finished grade.

BIKEWAY Any path clearly defined for exclusive use by bicycles.

BOARDER OR ROOMER A person who is not related to the head of the household and who pays for the privilege of residing in the dwelling with or without some or all meals provided.

BOARDINGHOUSE Any dwelling in which people, either individuals or as families, are housed or lodged for a fee with or without meals and which contains five or less such rooms for hire. A rooming house or a furnished rooming house shall be deemed a boardinghouse. A nursing home or a home for the sheltered care of adult persons shall not be considered a boardinghouse.

BOROUGH PROPERTY Any real property owned, leased or otherwise controlled by the Borough of Eatontown or any Authority created by the Borough of Eatontown. [Amended by Ord. No. 8-2000]

BUILDING A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.

BUILDING AREA The total of the areas within the outside dimensions of the principal building and all accessory buildings when viewed in plan, exclusive however of residential unroofed porches and paved terraces which do not exceed three feet in height above average, adjacent finished grade.

BUILDING, COMMUNITY A building for civic, social, education, cultural or recreational activities for a neighborhood or community which is not operated primarily for monetary gain.

BUILDING FLOOR AREA RATIO The sum of the area of all floors of buildings compared to the total area of the site. [Amended by Ord. No. 03-2001]

BUILDING HEIGHT The vertical distance measured to the highest point exclusive of chimneys and similar structures from the mean elevation of the finished grade five feet away from the foundation along the side(s) of the building facing a street, or from the street line, whichever is closer to the foundation. On a corner lot the height shall be measured on the street having the greatest slope.

BUILDING LINE A line formed by the vertical projection to the ground of the exterior surface of the building on any side. In case of a cantilevered section of a building, the vertical projection will coincide with the surface nearest the property line. All yards are measured between the property line and the building line nearest that property line.

BUILDING MATERIALS Materials that can be arranged, united, or joined to support, frame, enclose, sheath, or be otherwise fashioned into a building or structure. Such materials include, but are not limited to, rough or dressed lumber, millwork, roofing, shingles, wallboard, molding, plywood, Sheetrock, bricks, doors, windows, paneling, or concrete block. [Added 12-8-2010 by Ord. No. 24-2010]

BUSINESS OFFICE A business establishment which does not offer a product or merchandise for sale to the public but offers a service to the public. The following uses are not considered business office uses: establishments offering personal services (such as barbershops and beauty shops), repair services (such as radio and television repair shops), retail uses, and banks. [Added 12-8-2010 by Ord. No. 24-2010]

BUILDING, PRINCIPAL A building within which is conducted the main or principal use of the lot on which said building is situated.

BUSINESS PARK A coordinated development consisting of office, light industrial and related uses permitted by Borough ordinance. [Amended by Ord. No. 6-92]

CAPITAL IMPROVEMENT A governmental acquisition of real property or major construction project.

CELLAR A story partly or completely underground and having more than 50% of its cubic volume below the average level of the finished grade at the perimeter at the building.

CHANGE IN USE REQUIRING A VARIANCE A change from a permitted use to one not permitted under the zoning provisions of this chapter.

CHANNEL A watercourse with a definite bed and banks which confine and conduct continuously or intermittently flowing water.

CHANNEL LETTERS Three-dimensional individually cut letters or figures, illuminated or nonilluminated, affixed to a structure. [Amended by Ord. No. 03-2001]

CHECKLIST, DEVELOPMENT The official list attached to the application for subdivision or site plan outlining the requirements which the applicant must comply with upon submitting his subdivision or site plan for review by the Planning Board. The list must be complete in all respects and attached to the development application.

CIRCULATION Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.

CLINIC OR DIAGNOSTIC CENTER Facilities operated by practitioners of the medical arts, either singly or in groups, which are supplemental or incidental to such medical practice. Such facilities may include, but are not limited to, laboratories, diagnostic equipment and overnight accommodations for purposes of diagnosis or observation. Such diagnosis or observation shall not require any one patient to remain for a period of more that 48 hours and shall not include any treatment which might not otherwise be provided in the office of a medical practitioner.

CLUSTER DEVELOPMENT See "residential cluster."

CO-LOCATION With respect to wireless telecommunications providers of cellular communications and personal communication services, the joint use by two or more providers of the same site and/or tower for their wireless communications facilities and antennas. [Amended by Ord. No. 8-2000]

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.

COMMUNICATIONS Communications facilities may include but are not limited to telephone communications, radio and television broadcasting stations, and cable and other pay television services. [Added 12-8-2010 by Ord. No. 24-2010]

COMPLETE APPLICATION An application for development which complies in all respects to the appropriate submission requirements set forth in this chapter.

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 the provisions of this chapter, and upon the issuance of an authorization therefor by the Planning Board.

CONDOMINIUM The form of ownership of real property under a master deed providing for ownership by one or more owners of units of improvements together with an undivided interest in common elements appurtenant to each such unit.

CONDOMINIUM ASSOCIATION The entity responsible for the administration of a condominium, which entity may be incorporated or unincorporated.

CONSTRUCTION OFFICIAL The official appointed by the Borough of Eatontown pursuant to the State Uniform Construction Code as adopted by the Borough in Chapter 129 of the Code of the Borough of Eatontown and charged with the responsibility of issuing building permits and certificates of occupancy.

CONTINUOUS AIRBORNE SOUND Sound that is measured by a slow response setting of a sound level meter. [Amended by Ord. No. 3-80]

CONVENTIONAL Development other than planned development or clustering.

COUNTY MASTER PLAN A composite of the Master Plan for the physical development of Monmouth County, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the Monmouth County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.

COUNTY PLANNING BOARD The Monmouth County Planning Board.

DAY-CARE CENTER A facility licensed by the State of New Jersey for the care of children on a regular or irregular basis but exclusively part-time, after which period of time they are returned to their principal place of residence.

DAYS Calendar days.

dBA The measured sound level expressed in dB, when using the "A" weighted network of a sound level meter. [Amended by Ord. No. 3-80]

DECIBEL A unit for measuring the volume of a sound equal to the logarithm of the ratio of the sound pressure of the sound, to the sound pressure of the standard sound (0.0002 microbars): abbreviated "dB." [Amended by Ord. No. 3-80]

DENSITY Dwelling units per acre.

DEPARTMENT STORE A large retail store offering the consumer a large variety of goods arranged in several departments. [Amended by Ord. No. 15-92]

DETENTION BASIN A reservoir, either man-made or natural, having a controlled outlet for storing stormwater over brief periods of time until the stream has the capacity for ordinary flow plus released water.

DEVELOPER The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

DIRECTIONAL SIGN A sign which serves as an aid to motorists using the parking facilities of some establishment, which sign does not itself advertise the establishment and which meets the size requirement of this chapter.

DISCHARGE The volume of water flowing past a given point per unit of time and is measured in cubic feet per second.

DISTURBANCE Any activity which involves the clearing, excavating, storing, grading, filling, or transporting of soil or any other activity which causes soil to be exposed to the danger of erosion.

DRAINAGE The removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff to minimize erosion and sedimentation before, during and after construction or development, and the means necessary for water supply preservation or prevention or alleviation of flooding.

DRAINAGE RIGHT-OF-WAY The lands required 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 therein to safeguard the public against flood damage.

DRAINAGEWAY Any watercourse, trench, ditch, depression or other hollow space in ground, natural or artificial, which collects or disperses surface water from land.

DWELLING, MULTIFAMILY A building, other than a townhouse, occupied or intended to be occupied exclusively for residential purposes by more than two families.

DWELLING, ONE-BEDROOM APARTMENT A one-bedroom apartment shall contain one enclosed bedroom, toilet and bath facilities, a kitchen, a living area, and a dining area in combination with and completely open on at least one side to either the kitchen or living area. No additional room shall be permitted except hallways, an outdoor patio, and suitable closet and storage space.

DWELLING, SINGLE-FAMILY A building occupied or intended to be occupied exclusively for residential purposes by one family.

DWELLING, THREE-BEDROOM APARTMENT A three-bedroom apartment shall contain three enclosed bedrooms, toilet and bath facilities, a kitchen, a living area and a dining area. The dining area may be in combination with either the kitchen or living room or may be a separate room. No additional room shall be permitted except hallways, an outdoor patio, and suitable closet and storage space.

DWELLING, TWO-BEDROOM APARTMENT A two-bedroom apartment shall contain two enclosed bedrooms, toilet and bath facilities, a kitchen, a living area and a dining area, in combination with and completely open on at least one side to either the kitchen or living area. No additional room shall be permitted except hallways, an outdoor patio and suitable closet and storage space.

DWELLING, TWO-FAMILY A building designed for or occupied exclusively by two families living independently of each other.

DWELLING UNIT A building, or part thereof, having cooking and sanitary facilities, occupied or intended to be occupied exclusively for residential purposes by one family.

DWELLING UNIT, EFFICIENCY APARTMENT An efficiency apartment shall contain an enclosed toilet and bath facilities and one room providing living, sleeping and kitchen facilities. No additional room shall be permitted except hallways, an outdoor patio, and suitable closet and storage space.

EASEMENT The right of the Borough, county, state, Sewerage Authority or other public or quasi-public agency, their agents, servants and employees to use the land subject to the easement for the purposes specified on the plat or in the document granting the easement.

ENCROACHMENT Any obstruction within a delineated floodway.

ENVIRONMENTAL COMMISSION A municipal advisory body created pursuant to P.L. 1968, Chapter 245.

EQUAL DEGREE OF ENCROACHMENT The delineation of floodplain limits so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. This is determined by considering the effect of encroachment on the hydraulic efficiency of the floodplain along both sides of a stream for significant reach.

EROSION The detachment and movement of soil or rock fragments by water, wind, ice and gravity.

ESSENTIAL SERVICES Underground gas, electrical, telephone, telegraph, steam or water transmission or distribution systems, including mains, drains, sewers, pipes, conduits, and cables; and including normal aboveground appurtenances such as fire alarm boxes, police call boxes, light standards, poles, traffic signals and hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by public utilities or municipal or other government agencies or for the public health or safety or general welfare. Essential services shall not be deemed to include wireless telecommunications towers and antennas. [Amended by Ord. No. 8-2000]

EXCAVATION Removal or recovery by any means whatsoever of minerals, mineral substances or organic substances, other than vegetation, from the water, land surfaces, or beneath the land surface, whether exposed or submerged. Normal agricultural activities shall not be considered to be excavation.

FAA The Federal Aviation Administration. [Amended by Ord. No. 8-2000]

FAMILY One or more persons living as a single nonprofit housekeeping unit.

FARM Any parcel of land containing at least five acres which is used for gain in the raising of agricultural products, livestock, poultry or dairy products. It includes necessary farm structures within the prescribed limits, and the storage of equipment used. It excludes the raising of fur-bearing animals, riding academies, livery or boarding stables and dog kennels.

FARMING The use of land for agricultural or horticultural use, or for raising poultry or domestic livestock.

FAST-FOOD RESTAURANT See "restaurant, fast food."

FCC The Federal Communications Commission. [Amended by Ord. No. 8-2000]

FENCE A structure which encloses or borders all or a part of a field or yard.

FILL Sand gravel, earth or other materials placed or deposited within the floodway so as to form an embankment or raise the elevation of the land surface.

FINAL APPROVAL The official action of the reviewing board taken on a preliminarily approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.

FINAL PLAT The final map of all or a portion of the site plan or subdivision which is presented to the Planning Board for final approval in accordance with the provisions of this chapter.

FINANCIAL SERVICES Establishments which include but are not limited to reserve banks and institutions, commercial banks, savings institutions, credit unions, international banking institutions, credit agencies and institutions, mortgage bankers and brokers, security and commodity brokers, dealers, exchanges, and services, and holding and other investment offices. [Added 12-8-2010 by Ord. No. 24-2010]

FITNESS CENTER An indoor facility containing exercise equipment, an area for scheduled exercise classes, and which may contain a swimming pool and locker room facilities. [Amended by Ord. No. 6-92]

FLEX-OFFICE/WAREHOUSE A building whose floor space is arranged for its occupant or occupants as one or more separate modules for office, warehouse, assembly, packaging or distribution use or for a combination of such uses.

FLOOD A temporary rise in stream level that results in inundation.

FLOODPLAIN The relatively flat area adjoining any natural or man-made stream, pond, lake, river, bay or any other body of water which is subject to a one-hundred-year flood.

FLOOR AREA RATIO The sum of the area of all floors of buildings or structures compared to the total area of the site. [Amended by Ord. No. 03-2001]

FOOD PROCESSING The washing, cleaning, cutting, dicing, slicing, blanching, freezing, packaging or other preparation for shipping of agricultural fruit and/or vegetable products or fish or meat products delivered directly to the site from the farm on which they were grown.

FREQUENCY The number of oscillations per second; expressed in Hertz (abbreviation Hz). [Amended by Ord. No. 3-80]

GARAGE A structure for the enclosed parking of vehicle(s).

GARAGE, PRIVATE A garage used for storage and/or parking purposes only and having a capacity of not more than four automobiles or not more than two automobiles per family housed in the building to which such a garage is accessory, whichever is greater. Space therein may be used for not more than one commercial vehicle.

GARAGE, PUBLIC Any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, servicing, adjusting or equipping of automobiles or other motor vehicles.

GARDEN-TYPE MULTIFAMILY APARTMENTS An integrated development of individual dwelling units, which utilize such common facilities as parking and garage areas, pedestrian walks and utility and sanitary systems, consisting of a group of separate buildings, not exceeding 35 feet in height, each of which contains not more than 16 or less than four separate dwelling units, each of which has a separate entrance at ground level.

GAS STATION OR GAS SERVICE STATION Any area of land, including structures thereon, that is used or designed to be used for the supply of gasoline or oil or other fuel for the propulsion of motor vehicles and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry-cleaning or otherwise cleaning or servicing such motor vehicles.

GLARE The sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort or loss in visual performance and visibility. [Amended by Ord. No. 16-93; 2-22-2006 by Ord. No. 4-2006]

GOLF COURSE An area of 45 or more acres containing a full-size professional golf course of at least nine holes, together with necessary and usual accessory uses and structures, including but not limited to clubhouse facilities, dining and refreshment facilities, swimming pools and tennis courts, provided that the operation of the facilities is incidental and subordinated to the operation of the golf course.

GOLF TRAINING CENTER A facility consisting of a driving range; a putting green, chipping green and sand bunker area; and a clubhouse, where golf instruction and practice areas are available. [Amended by Ord. No. 6-92]

GOVERNING BODY The Mayor and Council of the Borough of Eatontown.

GRADE, ESTABLISHED The elevation of the center line of the streets as officially established by Borough authorities.

GRADE, FINISHED The completed surfaces of lawn, walks and roads brought to grades as shown on official plans or designs relating thereto.

GROSS FLOOR AREA The sum of the gross horizontal areas of a floor or several floors of a building as measured between the inside face of exterior walls, or from the center line of walls separating two units. In the case of the upper stories of a residential structure, the floor area of such stories shall not be included in the satisfaction of the minimum gross floor area requirements of this chapter unless the story is accessible through use of a fixed and permanent stairway. In addition, only that portion of the floor area shall be included in the satisfaction of minimum gross floor area requirements of this floor area which has a clear head room of six feet six inches. Any cellar, garage space, or accessory buildings shall not be included in computing gross floor area except in the case of commercial and industrial buildings. The floor area of basements or cellars in an office building will not be used to determine the required off-street parking, provided the ceiling height of the basement or cellar is less than seven feet and the basement or cellar is not for human occupancy. In the case of warehouse/storage areas within nonresidential uses, warehouse storage mezzanine surface area shall not be considered as part of the gross floor area. [Amended by 2-22-2006 by Ord. No. 6-2006; 12-8-2010 by Ord. No. 24-2010]

GROSS LEASABLE AREA The total floor area designed for the tenants' occupancy and exclusive use, including basements, storage areas, mezzanines and upper floors, measured from the center line of joint partitions and from outside wall faces. Gross leasable area does not include the administrative offices necessary for the operation of a shopping mall, nor does it include public and common areas, such as public toilets, corridors, stairwells, elevators, machine rooms, equipment rooms, lobbies and mall areas. [Amended by Ord. No. 16-92]

GROSS RESIDENTIAL DENSITY The number of dwelling units within a development divided into the gross acres in the tract, including internal streets and open space, floodplain and other areas not used specifically for residential lots.

HEALTH AND RACQUET CLUB A facility, the majority of which is indoors, consisting of courts used for racquet sports, exercise rooms, weight rooms, and which may contain a swimming pool and locker room facilities. In addition, a health and racquet club may contain a television lounge and a pro shop. [Amended by Ord. No. 6-92]

HEALTH CARE TESTING SERVICE FACILITY An establishment where health care services such as blood tests and similar health care tests and services are administered to patients. Medical offices for employees that are incidental to the primary use of the facility as a health care service facility are permitted. [Added 12-8-2010 by Ord. No. 24-2010]

HEIGHT When referring to a wireless telecommunications tower or other structure, the distance measured from the finished grade to the highest point on the tower or other structure, including the base pad and any antenna. (See also the definition of "building height.") [Amended by Ord. No. 8-2000]

HISTORIC DISTRICT One or more historic sites in intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites. [Amended by Ord. No. 18-86]

HISTORIC SITE OR STRUCTURE Any real property, man-made structure, natural object or configuration or portion or group of the foregoing which have been formally designated in the Master Plan as being of historical, archeological, cultural, scenic or architectural significance. [Amended by Ord. No. 18-86]

HOME BUSINESS A commercial enterprise which is operated totally electronically from the residence of the occupant solely by the occupant of that residence. [Amended by Ord. No. 21-95]

HOME OCCUPATION A personal service occupation, such as dressmaking, millinery and home cooking, conducted by the occupant of a dwelling unit in that unit, or in an accessory building, in an area equivalent to no more than 35% of the area of the first floor of the residence and where no display of products is made visible from the street.

HOSPITAL Any building containing beds for four or more patients and used for the diagnosis, treatment or other care of human ailments.

HOTEL A building containing more than five rooms used, or intended to be used, rented or hired out to be occupied for sleeping purposes by guests and which may also contain only a general kitchen and dining room and/or drinking facilities and conference and meeting rooms.

HOUSING INSPECTOR The duly appointed Housing Inspector of the Borough of Eatontown.

IESNA Illuminating Engineering Society of North America, an organization that recommends standards for the lighting industry. [Amended by Ord. No. 3-97; 2-22-2006 by Ord. No. 4-2006]

IMPERVIOUS COVERAGE A surface area that has been compacted or covered with a layer of material so that it is highly resistant to infiltration of water. In addition to buildings or structures, impervious coverage shall also include the surface area containing asphalt, concrete, gravel, broken-ended stone, stone dust, slag, crushed concrete, aggregate, pavers and brick. The surface area of swimming pools, sheds or other accessory buildings or structures as defined in this chapter shall also be included in the impervious surface coverage of a lot. [Amended by Ord. No. 22-87; 12-5-2012 by Ord. No. 33-2012]

IMPROVED STREET The street curbed and paved in accordance with the standards set forth in this chapter for new streets or alternatively a street which has been surfaced and which has been accepted and maintained by Eatontown, Monmouth County or the State of New Jersey.

IMPROVEMENT Street paving and the widening, extension or modification of existing paving; curbs, sidewalks, bikeways, storm drains or appurtenances; drainage structures, culverts, fire hydrants, driveways, sanitary sewers, water mains or appurtenances, gutters, street signs, streetlighting, retaining walls and the like.

IMPULSIVE SOUND LEVEL The maximum instantaneous sound pressure level measured by an impulse sound level meter meeting IEC-Publication 179 or the latest revision thereof. [Amended by Ord. No. 3-80]

IMPULSIVE SOUNDS Either a single pressure peak, or a single burst (multiple pressure peaks) for a duration less than one second. [Amended by Ord. No. 3-80]

INSTITUTIONAL USE A nonprofit public use or a use by a public or quasi-public institution, such as a church, academic institution, library or hospital.

INTERESTED PARTY [Amended by Ord. No. 18-86]

(1) In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and

(2) In the case of a civil proceeding in any court or in any 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 and/or pursuant to the provisions of N.J.S.A. 40:55D or under any other law of this state or of the United States have been denied, violated or infringed by action or a failure to act under N.J.S.A. 40:55D-1 et seq. or this chapter.

JUNK Any secondhand, discarded, or unused waste material of any type, including iron, metal, glass, paper, rags, clothes, machines, more than two motor vehicles incapable of normal operation, which are stored for the purpose of providing scrap and/or junk, used parts or accessories of motor vehicles and all other materials commonly known and generally referred to as "junk" in the ordinary meaning of the word.

JUNKYARD OR SALVAGE YARD Any lands or parcels thereof on which junk is collected, placed or stored, not within a closed and roofed building, for any purpose whatsoever, including the storage of more than two motor vehicles incapable of normal operation, which are stored for the purpose of providing scrap and/or junk.

LAND Any ground, soil or earth, including sandy areas, marshes, swamps, drainageways and areas not permanently covered by water. The term "land" includes improvements and fixtures on, above or below the surface.

LARGE SHADE TREE Deciduous tree whose height at maturity is over 45 feet. [Amended by Ord. No. 06-2001]

LIGHT INDUSTRY The use of any premises, structure, building or part of a building or place for the manufacture, maintenance, alteration, cleansing, repairing, ornamenting, finishing, adaptation for sale, breaking up, or demolishing or transformation of goods and materials; for the storage, loading, unloading or handling of goods and cargoes; for the distribution of goods and products; or for the training, research, design and development, quality control and packaging in relation to the above processes where the use does not create any hazardous on-site or off-site impacts from smoke, particulates or other air pollution, groundwater pollution, odors, noise, glare, heat, vibration, radiation, fire or explosion hazard, or other hazardous conditions. [Amended 12-8-2010 by Ord. No. 24-2010]

LIGHT TRESPASS Any form of artificial illuminance emanating from a light fixture or illuminated sign that penetrates other property and creates a nuisance as specified in � 89-48C. [Amended by Ord. No. 16-93; Ord. No. 3-97; 2-22-2006 by Ord. No. 4-2006]

LOADING SPACE Any 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.

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 total area, measured in square feet or acres, of a lot and shall not include:

(1) Any land lying within any abutting street right-of-way; or

(2) Any land within 25 feet of a street center line; or

(3) Any land shown within a street right-of-way on the Master Plan or Official Map of the Borough.

LOT, CORNER The lot at the junction of and abutting on two or more intersecting streets.

LOT COVERAGE That percentage of the lot area covered by building area.

LOT DEPTH The shortest distance measured on a horizontal plane between the front lot line (if the front lot line is curved, the line shall be drawn perpendicular to the chord of the front lot line) and a line drawn perpendicular to the front lot line through the midpoint of the rear lot line. See Figure A, annexed to these definitions.

LOT FRONTAGE The distance measured on a horizontal plane between the side lot lines measured along the street line. The minimum lot frontage shall not be less than the required lot width, except that on curved alignments with an outside radius of less than 500 feet, the minimum distance between the side lot line measured at the street line shall not be less than 50% of the required minimum lot width. In the case of a corner lot, either street frontage which meets the minimum frontage requirements for that zone may be considered the lot frontage. See Exhibit 1, annexed to these definitions.

LOT, INTERIOR A lot other than a corner lot.

LOT WIDTH The horizontal distance between the side lot lines, measured at the required front setback line.

EXHIBIT 1

**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

MAINTENANCE When applied to landscaping, trees, shrubs, screening and other plant life within this chapter, the term "maintenance," the phrase "to be maintained," or similar wording shall mean the regular and periodic policing, trimming, cutting, watering and replacement of dead matter as appropriate to the circumstance.

MAINTENANCE GUARANTEE Any security, other than cash, which may be accepted by the Borough for the maintenance of any improvements required by this chapter.

MAJOR SITE PLAN Any site plan not classified as a minor site plan or exempted site plan.

MAJOR SUBDIVISION Any subdivision not classified as a minor subdivision.

MASTER PLAN A composite of one or more written or graphic proposals for the development of the Borough of Eatontown as set forth in and adopted pursuant to N.J.S.A. 40:55D-28.

MEDIUM SHADE TREE Deciduous tree whose height at maturity is between 30 to 45 feet. [Amended by Ord. No. 06-2001]

MINING An extractive process involving the removal of soil, earth, sand, clay, gravel, humus, peat, or other organic and mineral materials.

MINOR SITE PLAN A development plan for which site plan approval is required and for which the Planning Board finds that the following conditions have been met: [Amended by Ord. No. 3-80]

(1) The construction of drainage facilities is not required;

(2) Does not involve planned development;

(3) Only exterior facade alterations are proposed and/or new building construction and/or building additions do not exceed 1,000 square feet of gross floor area;

(4) The proposed development does not increase parking requirements by more than 10 spaces nor entail or propose the construction of a total of more than 50 parking spaces;

(5) No new street is involved and no off-tract improvements are required; and

(6) The plan contains the information reasonably required in order to make an informed determination as to whether the requirements established by this chapter for approval of a minor site plan have been met.

MINOR SUBDIVISION A subdivision of land which: [Amended by Ord. No. 3-80]

(1) Contains not more than three lots which front on an existing and dedicated improved street and are adequately drained;

(2) Does not include any land which has been subdivided within 36 months immediately preceding the subdivision application;

(3) Does not involve any new street or road;

(4) Does not involve the extension of Borough facilities or any off-tract improvement, the cost of which is to be prorated;

(5) Does not adversely affect the development of the remainder of the parcel or of adjoining property;

(6) Does not conflict with any provision of the Master Plan, Official Map or this chapter; and

(7) Does not involve a planned development.

MOBILE HOME A movable or portable permanent residential dwelling unit on a chassis.

MOBILE HOME PARK Any plot of ground upon which two or more mobile homes occupied for dwelling or sleeping purposes are located, regardless of whether or not a charge is made for such accommodations.

MOBILE HOME SPACE A plot of ground within a mobile home park designed for the accommodation of one mobile home. A mobile home space shall be measured using plot width, which shall be the perpendicular distance between side plot lines, and plot depth, which shall be the actual distance along the side plot line and need not be perpendicular to the street.

MOTEL A building containing more than five rooms with individual entrances, used or intended to be used, rented or hired out, to be occupied for sleeping purposes by guests and which may also contain only a general kitchen and dining room and/or drinking facilities and conference or meeting rooms.

MULCHING The application of plant residue or other materials to the land surface to conserve moisture, hold soil in place, or aid in establishing a plant cover for land.

MULTIFAMILY HOUSING DEVELOPMENT A building containing three or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a group of such buildings. [Amended by Ord. No. 29-93]

MULTIPLE-VENDOR RETAIL STORE A retail store unit which is leased or subleased to more than one tenant. Each tenant shall be engaged in the retail sale or provision of retail services permitted in the B-3 Zone, and shall occupy a portion of the retail unit under a written lease for a term of not less than 30 days. A multiple-vendor retail store shall conform to all building and fire subcode requirements including, but not limited to, egress, corridor, and exitway regulations. Each tenant of the multiple-vendor retail store shall be considered a merchant for the purposes of all Borough regulations pertaining to mercantile or other licenses. [Amended by Ord. No. 16-92]

MUNICIPAL AGENCY The Planning Board of the Borough of Eatontown, the Zoning Board of Adjustment or the Mayor and Council of the Borough of Eatontown, when acting pursuant to this chapter, and any agency which is created by or responsible to the Borough and one or more other municipalities when such agency is acting pursuant to this chapter.

NATURAL DRAINAGE FLOW The flow of surface water runoff along drainageways at rates and/or velocities or in quantities typical of drainage from the land in an undisturbed natural condition.

NATURAL DRAINAGE PATTERN The usual predevelopment topographical pattern or system of drainage of surface water runoff from a particular site prior to land disturbance, including drainageways and watercourses which carry surface water only during periods of heavy rains, storms or floods.

NEIGHBORHOOD RETAIL/SERVICE CENTER Establishments that serve individual consumers and contain uses such as retail sales, personal services, restaurants, banks, and similar uses with the purpose of serving the needs of the employees of local businesses and visitors to the area. [Added 12-8-2010 by Ord. No. 24-2010]

NET RESIDENTIAL DENSITY The number of dwelling units divided into the land area specifically designated as residential land for those dwelling units.

NONCONFORMING LOT A lot, the area, dimension or location of which was lawful prior to the effective date of this chapter, its revision or amendment, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING STRUCTURE A structure, the size, dimension, or location of which was lawful prior to the effective date of this chapter, its revision or amendment, 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 USE A use or activity which was lawful prior to the effective date of this chapter, its revision or amendment, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NUISANCE An unreasonably offensive, annoying, unpleasant or obnoxious thing or practice, a cause or source of annoyance, constituting a substantial invasion or disturbance of others' rights, including, but not limited to, an excessive or concentrated movement of noise, dust, smoke, fumes, odor, glare, flashes, vibration, shock waves, heat, electronic or atomic radiation, liquid or gaseous objectionable effluent.

NURSERY An agricultural establishment of at least five acres in area where trees and plants are raised and offered for sale at retail and/or wholesale.

OBJECTIONABLE DIRECT GLARE SOURCE Glare resulting from excessive levels of illumination or insufficiently shielded light sources emanating from light fixtures in the field of view where the lens, lamp or reflector is offensively visible above a height of five feet at a property line or a public roadway. [Amended by Ord. No. 3-97; 2-22-2006 by Ord. No. 4-2006]

OBSTRUCTION Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.

OCCUPANCY A condition of an activity or use being upon a lot and/or within a building.

OCCUPANT A full-time resident of a residential dwelling being the location where the resident maintains his official legal address, sleeps on a regular basis, prepares his meals, maintains his wardrobe and treats the dwelling as what is commonly referred to as a "home." [Amended by Ord. No. 21-95]

OCTAVE BAND SOUND PRESSURE LEVEL Sound pressure level measured in standard octave bands with a sound level meter and octave band analyzer that meets ANSI S 1.4 and S 1.11 or the latest revision thereof. [Amended by Ord. No. 3-80]

OFFICE CENTER One or more buildings or parts thereof designed as a unit to be occupied by one or more offices where no manufacturing fabrication or assembly of goods is conducted.

OFFICIAL COUNTY MAP The map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of Monmouth County pursuant to N.J.S.A. 40:27-5.

OFFICIAL MAP The map adopted by the Borough of Eatontown pursuant to N.J.S.A. 40:55D-32 et seq.

OFF-SITE Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.

OFF-TRACT Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.

ON-SITE Located on the lot in question.

ON-TRACT Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

OPEN SPACE Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open spaces; provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land. Open space may be used for recreation, agriculture, reasonable protection, amenity or buffers.

ORNAMENTAL TREE A tree, usually deciduous, planted primarily for its decorative effect or unusual or unique appearance and which tends to be smaller at maturity than a shade tree. [Amended by Ord. No. 03-2001]

OUTDOOR LIGHT FIXTURE Outdoor Light Fixture: An electrically powered illuminating device containing a total light source of more than 1,800 initial lumens per fixture or any spot or flood luminaire with a reflector contained in the lamp component such as a PAR lamp of more than 900 initial lumens per fixture, which is permanently installed outdoors, including, but not limited to, devices used to illuminate any site, architectural structure or sign. [Amended by Ord. No. 16-93; 2-22-2006 by Ord. No. 4-2006]

OVERLAY ZONE An area designated by the Zoning Ordinance of the Borough that covers a portion of or all of, one or more underlying zone districts. Within an overlay zone, development is permitted subject to the control of additional uniform regulations and requirements. [Amended by Ord. No. 17-200]

PARKING AREA, PRIVATE An open area, other than a street, intended for the same uses as a private garage.

PARKING AREA, PUBLIC An open area, other than a street or other public way, used for the parking of automobiles and available to the public, whether for a fee or as an accommodation for clients or customers.

PARKING SPACE An area of not less than nine feet by 19 feet served by an adequate drive and intended primarily for the parking of a motor vehicle. [Amended by Ord. No. 16-80]

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 of a public hearing by statute or this chapter.

PATIO HOUSES OR ATRIUM HOUSES, SINGLE-FAMILY ATTACHED Single-family attached dwelling units clustered around a common enclosed or semi-enclosed court.

PENNANT Any lightweight plastic fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series designed to move in the wind. [Amended by Ord. No. 15-92]

PERFORMANCE GUARANTEE Any security, which may be accepted by the municipality, including cash; provided that not more than 10% of the total performance guarantee shall be required to be in cash.

PERMIT, BUILDING A certificate issued by the Building Inspector and endorsed by the Zoning Officer authorizing the construction, reconstruction, remodeling, alteration or repair of a building or other structure upon approval of the submitted application and plans.

PERMIT, CERTIFICATE OF USE AND OCCUPANCY A certificate issued upon completion of the construction of a new building or upon a change in the occupancy or use of a building and certifying that all requirements of the Building Code, this chapter or such adjustment therefrom which has been granted by the Board of Adjustment, and that the purpose for which such building is to be used is in conformance with the uses permitted in the zone in which it is located.

PERMIT, CONDITIONAL USE A permit issued by the Zoning Officer for a use specified as a conditional use in any section of this chapter and approved by the Planning Board in accord with all procedures of this chapter.

PERMIT, TEMPORARY USE A permit that may be issued by the Zoning Officer upon the written direction of the Board of Adjustment and which shall be effective for a period of six months only.

PERMIT, ZONING A document signed by the Zoning Officer which:

(1) Is required as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building; and

(2) Acknowledges that such use, structure or building complies with the provisions of this chapter or a variance therefrom duly authorized by a municipal agency, and with all approvals required by this chapter.

PERSONAL SERVICES Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel including but not limited to uses such as barbers, beauticians, hairdressers, shoe repair persons, tailors, dry cleaners, laundromats, mailing services, printing services, photo studios, and travel agencies. [Added 12-8-2010 by Ord. No. 24-2010]

PHYSICAL SIGN TYPES

(1) GROUND SIGN A self-supporting sign connected to the ground and independent of any other structure including pylon, pedestal or individual post type supports;

(2) PROJECTING SIGN A sign attached to the building wall which neither extends more than 12 inches from the face of the wall nor projects nearer the curbline than two feet nor projects nearer the sidewalk surface than eight feet nor projects above the roof line or store front facade line nor extends beyond the ends of the facade or building;

(3) WALL SIGN A flat sign attached to a building wall which extends not more than 12 inches from the wall and is not extended above the top or beyond the ends of the facade.

PLANNED COMMERCIAL DEVELOPMENT An area of a minimum contiguous or noncontiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses or both and any residential and other uses incidental to the predominant uses as permitted by ordinance. [Amended by Ord. No. 03-2001]

PLANNING BOARD The Municipal Planning Board established pursuant to Article III of this chapter.

PLANNING BOARD ENGINEER The licensed New Jersey professional engineer specifically retained by the Planning Board or assigned by the Borough Engineer (with consent of the Board) to render engineering services and advice to the Board. In the absence of specific appointment of a Planning Board Engineer, the Borough Engineer may assume the duties of the office.

PLAT A map or maps of a subdivision or site plan.

PREDEVELOPMENT The condition of the site previous to any modification of the land requiring municipal agency approval.

PRELIMINARY APPROVAL The conferral of certain rights pursuant to Article X of this chapter prior to final approval after specific elements of a development plan or subdivision have been agreed upon by the municipal agency and the applicant.

PROFESSIONAL OFFICE An office of a member of a recognized profession, maintained for the conduct of their profession. Such professions shall be limited to those of law, architecture, engineering, art, religion, music, accounting, insurance services, real estate brokers, and other professions which require a small degree of formal training and experience. [Added 12-8-2010 by Ord. No. 24-2010]

PUBLIC AREAS

(1) Public parks, playgrounds, trails, paths and other recreational areas;

(2) Other public open spaces;

(3) Scenic and historic sites; and

(4) Sites for schools and other public buildings and structures.

PUBLIC DRAINAGEWAY The land reserved or dedicated for the installation of stormwater sewers or drainage measures, surface water runoff control measures and soil erosion and sedimentation control measures, 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 recreational or conservational uses.

PUBLIC UTILITY Any public utility regulated by the Board of Regulatory Commissioners and defined pursuant to N.J.S.A. 48:2-13. [Amended by Ord. No. 8-2000]

QUORUM The majority of the full authorized membership of a municipal agency.

READER BOARD A sign equipped with an area for a message that can be changed manually. The message displayed on the reader board of a sign shall not be changed more than once in any twenty-four-hour period. [Amended by Ord. No. 15-92]

RECREATIONAL USES A place designed and equipped for sports and leisure time activities that contains uses including, but not limited to, golf driving ranges, golf training centers, health and racquet clubs, fitness centers, swimming pools, tennis courts, badminton courts, table tennis facilities, shuffleboard courts, handball courts, horseshoe pits and similar recreational uses. [Added 12-8-2010 by Ord. No. 24-2010]

RECREATION, INDOOR A permanent structure containing facilities designed and equipped to contain uses including, but not limited to, health and racquet clubs, fitness centers, sports training centers, tennis courts, party and play facilities, batting cages, game courts, exercise equipment, exercise and/or dance floor area, pools, locker rooms, spa, whirlpool or hot tub, and similar indoor recreational uses. These uses may include a pro shop, education and training facilities, accessory retail shop for the sale of equipment related to the indoor recreational use, and an accessory food and beverage shop that is clearly incidental to the indoor recreational use and that serves food and beverages for the consumption of the patrons of the indoor recreational use. [Added 12-8-2010 by Ord. No. 24-2010]

RECYCLING AREA Space allocated for collection and storage of source-separated recyclable materials. [Amended by Ord. No. 29-93]

RECYCLING CONTAINERS Containers for the collection of recyclable materials, including but not limited to glass, plastic, metal, cardboard and paper. However, recycling containers shall not contain any hazardous materials. [Added 12-8-2010 by Ord. No. 24-2010]

REGIONAL ENCLOSED PLANNED SHOPPING CENTER A shopping center arranged on one site as a building or group of buildings sharing such common facilities as parking, loading, walkways and which includes a fully enclosed building of at least 600,000 square feet of gross leasable area designed to be occupied by more than one retail business and/or consumer service use, including at least one full line department store and an enclosed pedestrian mall connecting major anchor stores. [Amended by Ord. No. 16-92]

REGULATORY FLOOD A flood which is representative of large floods known to have occurred generally in the area and reasonably characteristic of what can be expected to occur in a particular stream. The regulatory flood has a frequency of approximately 100 years determined from an analysis of floods on a particular stream and other streams in the same general region.

REGULATORY FLOOD PROTECTION ELEVATION Of the regulatory flood plus one foot of freeboard to provide a safety factor.

RESIDENTIAL CLUSTER An area to be developed as a single entity according to a plan containing residential units which have a common or public open space area as an appurtenance and includes a reduction of specified dimensional controls applicable to individual lots.

RESTAURANT, DRIVE-IN An establishment where patrons will be served food, soft drinks, ice cream and/or similar confections and where the entire transaction of service, (placement of order, preparation of same, payment for and receipt of order) is not within a building which contains tables and chairs at which patrons may consume purchases. Any such establishment which encourages the consumption of purchased items in automobiles parked upon the premises or exclusively at outdoor tables by reason of the physical arrangement of facilities or method of operation shall be deemed to be a drive-in restaurant. A drive-in restaurant shall be distinguished from a sit-down or take-home restaurant and shall not be construed as a similar use and in the nature of a sit-down or take-home restaurant as defined below. Any restaurant meeting this definition shall be a drive-in restaurant regardless of other types of restaurant operation as defined by this chapter which may be conducted on the premises. [Amended by Ord. No. 3-80]

RESTAURANT, FAST-FOOD An establishment used for the preparation and sale of food products which are generally packaged in paper or served on (in) disposal plates, wrappers or containers, and intended for ready consumption either inside the building at tables, on a patio, on the premises, in parked cars, or off the premises. A portion of the operation may involve service directly to patrons in their motor vehicles. The term does not include a retail outlet selling food items primarily for home preparation and consumption; or a restaurant which serves food primarily on nondisposable tableware, or provides incidental carry-out service, where the space used for the carry-out service does not exceed 5% of the total patron seating area or 80 square feet (whichever is less). [Amended by Ord. No. 25-87]

RESTAURANT, SIT-DOWN Any establishment, however designated, at which food is sold for consumption by patrons seated at tables on the premises within an enclosed building.

RESTAURANT, TAKE-HOME An establishment where patrons will be served ready-to-eat, prepared and packaged food intended to be consumed by the patron at a location other than on the premises and where the entire transaction of service (placement of order, preparation of same, payment for and receipt of order) is within a building containing no counter, tables or other facility for on-premises consumption whether indoor or outdoor. [Amended by Ord. No. 3-80]

RESUBDIVISION

(1) The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or

(2) The alteration of any streets or the establishment of any new 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 instrument.

RETAIL SALES Establishments engaged in the selling or rental of goods or merchandise for personal or household consumption and rendering services incidental to the sale of such goods. [Added 12-8-2010 by Ord. No. 24-2010]

RETENTION BASIN A reservoir, either man-made or natural, used for storing stormwater for an indefinite time. It contains no positive outfall.

REVIEWING BOARD Either the Planning Board or Zoning Board depending on which board is exercising jurisdiction in the matter or as the context of the ordinance may indicate.

RUNOFF The flow of water collected from a drainage basin or watershed and its rate as measured in cubic feet per second.

SCREENING Any concentration or grouping of trees or shrubberies as may be required by this chapter.

SEDIMENTATION The deposition of soil that is in suspension or is being or has been transported from its site of origin by air, water, ice, wind, gravity, or other natural means as a product of erosion.

SEDIMENTATION BASIN A basin formed by a barrier or dam constructed across a waterway or at other suitable locations to intercept and retain sedimentation and debris.

SERVICE STATION OR AUTOMOTIVE GARAGE Any building, premises or land in or upon which the storage, repair maintenance, working or servicing of vehicles is conducted.

SETBACK The term used to refer to the shortest horizontal dimension between a building and the lot line on that side of a building.

SEX PARAPHERNALIA Any physical object whose intended purpose is use in immediate conjunction with ultimate sex acts.

SHADE TREE A tree, usually deciduous, planted primarily for its high crown of foliage or overhead canopy. [Amended by Ord. No. 03-2001]

SHADE TREE COMMISSION The Shade Tree Commission of the Borough of Eatontown.

SHADE TREE, LARGE A deciduous tree whose height at maturity is over 45 feet. [Amended by Ord. No. 03-2001]

SHADE TREE, MEDIUM A deciduous tree whose height at maturity is between 30 feet and 45 feet. [Amended by Ord. No. 03-2001]

SHADE TREE, SMALL A deciduous tree whose height at maturity is under 30 feet. [Amended by Ord. No. 03-2001]

SHARED SPACES A commercial or professional building whose floor space is arranged where its occupants make use of shared common facilities such as common conference rooms, reception areas and kitchens, owned and operated by the owner with the occupants renting space for offices or permitted uses under lease or license agreements for a term of no less than three months in duration. [Added 10-5-2005 by Ord. No. 21-2005]

SHIELDED LIGHT FIXTURE A light fixture with cutoff optics that allows no direct light emissions above a vertical cutoff angle of 90 above nadir (straight down at perfect vertical), through the light fixture's lowest light emitting part. Any structural part of the light fixture providing this cutoff angle must be permanently affixed. [Amended by Ord. No. 16-93; Ord. No. 3-97; 2-22-2006 by Ord. No. 4-2006]

SHOPPING CENTER One or more buildings, or parts thereof, designed as a unit to be occupied by one or more retail businesses and/or consumer service uses and offices.

SIGN Any announcement, declaration, demonstration, billboard, display, illustration, or insignia used to promote or advertise the interest of any person, group of persons, or product, when the same is placed, erected, attached, painted or printed so as to be visible to the general public.

SIGN, "A" FRAME (SANDWICH) A temporary freestanding sign which is ordinarily in the shape of an "A" or some variation thereof, located on the ground, easily movable, not permanently attached thereto and which is usually two-sided. The term "fixed" when applied to an "A" frame or sandwich sign means fixed in position and not allowed to swing freely. [Amended by Ord. No. 15-92]

SIGN, BANNER Any sign of lightweight fabric or similar material that is mounted to a pole or building at one or more edges. National flags; state, county or municipal flags; or the official flag of a nonprofit institution shall not be considered a banner. The official flag of a business shall not be considered a banner, provided that not more than one such business flag is displayed per site and further provided that the business flag does not exceed 30 square feet in area. A banner sign shall also include "wind wavers." [Added 12-4-2013 by Ord. No. 23-2013]

SIGN, ELECTRIFIED NEON An advertising display constructed of neon tubing. [Amended by Ord. No. 15-92]

SIGN, ELECTRONIC MESSAGE BOARD A sign equipped with an area for a message that can be changed electronically. The message displayed on such sign shall not be changed more than once in a one-hour period. [Added 12-4-2013 by Ord. No. 23-2013]

SIGN, FUNCTIONAL TYPE [Added 12-4-2013 by Ord. No. 23-2013]

(1) DIRECTORY OF OCCUPANT SIGN A sign or plate attached to the facade of a building listing the tenants or occupants thereon and their respective professions or business activities.

(2) DIRECTIONAL SIGN A sign or device intended to direct or point toward a place or which gives verbal or visual directions.

(3) IDENTIFICATION SIGN A sign, symbol, trademark, structure or similar device used to identify the occupant of any structure, the product made or activity being pursued by any individual business, service, commercial or industrial activity.

(4) OFFICIAL SIGN Any sign, symbol or device erected and maintained by the federal government, State of New Jersey, County of Monmouth or the Borough of Eatontown for the purpose of informing or guiding the public, or for the protection and promotion of health, safety and convenience and general welfare or any sign of a civic, fraternal or religious organization specifically authorized by the Borough Council of the Borough of Eatontown.

SIGN, GRAND OPENING A sign which announces the event of the opening of operations for the first time of a new business or enterprise on the site or change of ownership of a business or enterprise. [Amended by Ord. No. 15-92]

SIGNS, LED A sign consisting of light-emitting diode or a light source that emits color light, usually red, but also green, yellow, blue and white, from a very small amount of electricity, and is used for electronic signs. [Added 12-4-2013 by Ord. No. 23-2013]

SIGN, MONUMENT A freestanding sign not more than five feet in height that identifies a land use and that is made of brick, masonry, stone, or combination thereof; the bottom of which is seated directly and permanently to the ground and physically separated from any other structure. [Amended by Ord. No. 3-2001]

SIGN, TEMPORARY A sign that is used in connection with a circumstance, situation, or event that is either designed, intended, or expected to take place or to be completed within a reasonably short or definite period of time after the erection of such sign, or is intended to remain on the location where it is erected or placed for a continuous period of not more than 15 days unless a longer period is provided for by ordinance. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as temporary. [Amended by Ord. No. 15-92]

SIGN, WINDOW A sign that is attached to the interior of a building or a glass door.

SITE AND DESIGN COMMITTEE An advisory committee of Board members that may be appointed by the Chairman of the Planning or Zoning Board for the purpose of classifying and considering site plans in accordance with the provisions of the Board and performing such other duties relating to site plans as may be conferred upon it by the Board.

SITE PLAN A development plan of one or more lots on which is shown:

(1) The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways;

(2) The location of all existing and proposed building, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, and screening devices;

(3) The location of all existing and proposed soil erosion and sedimentation control measures;

(4) The location of existing and proposed surface water runoff control measures; and

(5) Any other information that may be reasonably required in order to make an informed determination with regard to application for approval of site plans.

SHRUB A woody plant, either deciduous or evergreen, which is smaller at maturity than a tree and usually consists of several small stems or small branches near the ground. [Amended by Ord. No. 03-2001]

SKETCH PLAT A subdivision plan of sufficient accuracy to be used for the purpose of discussion and classification and further meeting the requirements set forth herein for a sketch plat.

SMALL SHADE TREE Deciduous tree whose height at maturity is under 30 feet. [Amended by Ord. No. 06-2001]

SOIL All unconsolidated mineral and organic material of any origin.

SOIL EROSION AND SEDIMENT CONTROL PLAN A scheme which indicates land treatment measures, including a schedule of the timing of their installation, to minimize soil erosion and sedimentation before, during and after disturbance.

SOUND LEVEL The measured level of a sound expressed in dB regarding 0.0002 microbar, obtained using a sound level meter. The sound levels include all factors inherent in measuring with a sound level meter, including microphone frequency response and amplifier characteristics, meter damping, observer effects and weighting networks. [Amended by Ord. No. 3-80]

SOUND PRESSURE LEVEL The sound pressure levels in decibels of a sound is twenty times the logarithm of the base 10 of the ratio of the pressure of the sound to the reference sound pressure. Sound pressure level is measured with a sound level meter meeting ANSI-S 1.4 or the latest revision thereof. [Amended by Ord. No. 3-80]

STANDARDS OF PERFORMANCE Standards adopted by this chapter pursuant to N.J.S.A. 40:55D-65, regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the Borough of Eatontown; or standards required by applicable federal or state laws or municipal ordinances.

STORY That portion of a building included between the surface of any floor and the surface of the next floor above it. If there is no floor above it, then the space between the floor and the ceiling next above it. The interior of the roof shall not be considered a ceiling. A half story is the area under a pitched roof at the top of the building, the floor of which is at least four feet but no more than six feet below the plate supporting the rafter ends.

STREET Any street, avenue, boulevard, road, parkway, viaduct, drive or other way (1) which is an existing state, county or municipal roadway, or (2) which is shown upon a plat heretofore approved pursuant to law or (3) which is approved by official action, as provided by this chapter or (4) which is shown on a plat duly filed and recorded in the office of the Clerk of Monmouth County prior to the appointment of the Planning Board and the grant to such Board of the power to review plats or which is shown on the adopted Master Plan or Official Map; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter streets shall be classified as follows:

PRINCIPAL ARTERIAL HIGHWAYS OR MAJOR ARTERIAL STREETS Those which are designed for regional high-volume, high-speed through-traffic movements.

MINOR ARTERIAL HIGHWAYS OR SECONDARY ARTERIAL STREETS Those designed both for regional traffic and as the arteries between major sections of the Borough.

MAJOR COLLECTOR STREETS OR PRIMARY COLLECTOR STREETS Those designed to provide connections between arterial streets, as well as sections of the Borough.

MINOR COLLECTOR STREETS OR SECONDARY COLLECTOR STREETS Those which are designed to provide the overall circulation system within the blocks formed by the arterial and primary collector street system.

LOCAL COLLECTOR STREETS OR MINOR COLLECTOR STREETS Those which are designed to provide circulation within development areas and include the principal access and circulation streets within a development.

LOCAL STREETS OR MINOR STREETS Those which are designed primarily to provide access solely to abutting properties.

MARGINAL ACCESS STREETS OR SERVICE ROADS Those which are immediately adjacent and parallel to arterial streets and are designed to preclude direct access from adjacent properties to the arterial streets.

CUL-DE-SAC AND DEAD-END STREETS Minor streets with only one outlet.

ALLEYS Rights-of-way which are used primarily for service access to the backs or sides of properties whose fronts are on a street.

EXISTING AND DEDICATED IMPROVED STREET As applied to minor subdivision, any dedicated street, avenue, boulevard, road, lane, parkway, viaduct, alley, or other way which is presently maintained by the state, county or municipality, which by reason of its conditions can be traversed at all times of the year by modern motor vehicles and which provides adequate access for fire-fighting equipment, ambulances, and other emergency vehicles necessary for the protection of health and safety.

STREET LINE A lot line adjacent to the right-of-way of any public street as defined in this chapter, said line delineating the extent of public ownership. Where the Master Plan, or Official Map of the Borough of Eatontown, the County of Monmouth, or the State of New Jersey shall state an intended right-of-way for such location of greater width than presently exists, the line delineating such greater width or right-of-way shall be the applicable street line.

STRUCTURAL ALTERATIONS Structural alterations means the same as "alterations."

STRUCTURE Any assembly of materials, above or below the surface of land or water, including, but not limited to, buildings, fences, dams, fills, levees, bulkheads, dikes, jetties, embankments, wharves, piers, docks, landings, obstructions, pipelines, causeways, culverts, roads, railroad, bridges, and the facilities of any utility or governmental agency. Trees or other vegetation shall not be considered to be structures if planted in the flood fringe.

SUBDIVISION [Amended by Ord. No. 3-80]

(1) The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter, if no new streets are created:

(a) 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;

(b) Divisions of property by testamentary or intestate provisions;

(d) Consolidation of existing lots by deed or other recorded instrument; and

(e) The conveyance of one or more adjoining lots, tracts, or parcels of land owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the Borough Municipal Land Use Ordinance and are shown and designated as separate lots, tracts or parcels on the Tax Map of the Borough of Eatontown.

(2) The term "subdivision" shall also include the term "resubdivision."

SUBDIVISION COMMITTEE An advisory committee of Board members that may be appointed by the Chairman of the Planning or Zoning Board for the purpose of classifying and considering subdivisions in accordance with the provisions of this chapter, making recommendations to the Board and performing such other duties relating to the land subdivisions as may be conferred on it by the Board.

SURFACE WATER All water standing or flowing upon the surface of the land.

SURFACE WATER RUNOFF CONTROL PLAN A plan which fully indicates sufficient surface water runoff control measures to effectively minimize surface water runoff damage before, during and after land disturbance.

SWIMMING POOL Any artificially constructed basin or other structure for the holding of water for swimming and diving and other aquatic sports and recreation. The term "swimming pool" does not include any plastic, canvas, or rubber pool temporarily erected upon the ground with capacity of less than 500 gallons of water or a wading pool with a depth of less than 18 inches.

TOWER See "wireless telecommunications tower." [Amended by Ord. No. 8-2000]

TOWNHOUSE One of three or more attached, single-family dwellings.

TRUCK TERMINAL A building, premises or land whose principal use involves:

(1) The storage and maintenance of trucks; or

(2) The transferal of goods from one truck to another while such goods are en route from their origin to their destination.

USE The specific purpose for which a parcel of land or a building, or portion of a building is designed, arranged, intended, occupied or maintained.

USE, NEIGHBORHOOD SALES AND SERVICES Retail business which primarily serves a neighborhood or a village and activities primarily serving families and individuals as distinguished from business and industries.

USE, RESEARCH LABORATORIES Scientific or research laboratories devoted to research, design and experimentation and processing and fabricating incidental thereto, where no materials or finished products are manufactured, processed or fabricated on the premises for sale except such as incidental to the laboratory activities.

VARIANCE Permission to depart from the literal requirements of the zoning provisions of this chapter pursuant to Articles IV and V of this chapter.

VEHICLE, RECREATION A trailer, compartment for mounting on the bed of a truck, or a vehicle designed and intended to be used for shelter on a temporary basis away from the dwelling unit of the owner or user.

VELOCITY The distance traveled in a specified amount of time and is measured in feet per second.

VOLUME The quantity of liquid, measured in gallons, acre feet or cubic feet.

WAREHOUSE Any building, premises or land in which or upon which the principal use involves the storage of goods and materials.

WAREHOUSE SALE The sale of goods or products at retail from a warehouse at a frequency not exceeding two occasions per year, neither of which occasions exceed five consecutive days.

WAREHOUSE STORAGE MEZZANINES Storage platforms installed between the ground floor and the ceiling that are designed to store products and materials that do not contain any office space or work space for employees. [Added 12-8-2010 by Ord. No. 24-2010]

WATERCOURSE Any natural or artificial path of water movement having eroded banks, beds, boundaries or channels, whether perennial or intermittent, as well as the land thereunder. Where the level of water varies with the season, the annual rainfall, and/or other factors, natural or artificial, it shall be measured by reference to the high-water mark.

WATERSHED An area of land which collects surface water runoff draining toward lower elevation via a system of watercourses.

WHOLESALE BUSINESS Any building, premises, or land in which or upon which, the principal business, operation, or industry involves any handling and resale of goods in comparatively large quantities to others, but not usually to the ultimate consumer of an individual unit.

WIRELESS TELECOMMUNICATIONS TOWER Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purpose, including self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto. [Amended by Ord. No. 8-2000]

YARD, FRONT An open space extending across the full width of a lot and lying between the nearest street line and the nearest point of the principal structure on the lot, measured horizontally and at right angles to a straight street line or to the tangent lines of a curved street line.

YARD, REAR An open space extending across the full width of a lot and lying between the rear lot line and the nearest point of the principal structure on the lot, measured horizontally to a straight rear lot line or to the tangent lines of a curved lot line.

YARD, SIDE An open space extending from the front yard to the rear yard of a lot, and lying between the side lot line and the nearest point of the nearest structure on the lot, measured horizontally and at right angles to a straight side line or the tangent lines of curved side lines.

ZONING BOARD OF ADJUSTMENT The Municipal Zoning Board of Adjustment created pursuant to Article III of this chapter.

RESIDENTIAL UNIT With regards to single-family dwellings shall be defined as the dwelling unit. In regards to co-ops, condominiums and townhouses it shall be defined as building unit rather than individual ownership units.

CAFRA PLANNING MAP The geographic depiction of the boundaries for coastal Planning Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C. 7:7E-5B.3.

CAFRA CENTERS, CORES OR NODES Those areas within boundaries accepted by the Department pursuant to N.J.A.C. 7:8E-5B.

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:

A. A county planning agency; or

B. 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, 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, by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 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.

EMPOWERMENT NEIGHBORHOOD A neighborhood designated by the Urban Coordinating Council in consultation and conjunction with the New Jersey Redevelopment Authority pursuant to N.J.S.A. 55:19-69.

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 Non-game 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 from precipitation.

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 The Borough of Eatontown.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Eatontown or other public body, and is designed and used for collecting and conveying stormwater. MS4s do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources. [Added 5-12-2010 by Ord. No. 11-2010]

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, Borough of Eatontown, 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 dredged 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, ground waters or surface waters of the state, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.

RECHARGE The amount of water from precipitation 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 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.

STORM DRAIN INLET An opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet. [Added 5-12-2010 by Ord. No. 11-2010]

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.

TIDAL FLOOD HAZARD AREA A flood hazard area, which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.

URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD A neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.

URBAN ENTERPRISE ZONES A zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.

URBAN REDEVELOPMENT AREA Previously developed portions of areas:

A. Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;

B. Designated as CAFRA Centers, Cores or Nodes;

C. Designated as Urban Enterprise Zones; and

D. Designated as Urban Coordinating Council Empowerment Neighborhoods.

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."

AFFORDABLE HOUSING Any deed restricted housing unit with an acquisition price or rent level not exceeding the maximum resale or rent level for low- and moderate-income housing as set forth in N.J.A.C. 5:93-7.4.

COAH That New Jersey Council on Affordable Housing established under the Fair Housing Act of 1985.

DEVELOPMENT FEES Money paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted by COAH rules and regulations, N.J.A.C. 5:93-8, Development Fees.

EQUALIZED ASSESSED VALUE The value of a property determined by the Borough Tax Assessor through a process designed to ensure that all property in the Borough is assessed at the same assessment ratio or ratios required by law. Estimates at the time of a building permit may be obtained by the Tax Assessor utilizing estimates for construction cost. Final equalized assessed value will be determined at project completion by the Tax Assessor.

AFFORDABLE HOUSING DEVELOPMENT A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a one-hundred-percent affordable development.

COAH OR THE COUNCIL The New Jersey Council on Affordable Housing established under the Act which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the state.

DEVELOPER The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT FEE Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.

EQUALIZED ASSESSED VALUE The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with �� 1, 5, and 6 of P.L.1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).

GREEN BUILDING STRATEGIES Those strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.

ACCESSORY APARTMENT A self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance, which is created within an existing home, or through the conversion of an existing accessory structure on the same site, or by an addition to an existing home or accessory building, or by the construction of a new accessory structure on the same site.

ACT The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.)

ADAPTABLE Constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.

ADMINISTRATIVE AGENT The entity responsible for the administration of affordable units in accordance with this section, N.J.A.C. 5:96, N.J.A.C. 5:97 and N.J.A.C. 5:80-26.1 et seq.

AFFIRMATIVE MARKETING A regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.

AFFORDABILITY AVERAGE The average percentage of median income at which restricted units in an affordable housing development are affordable to low- and moderate-income households.

AFFORDABLE A sales price or rent within the means of a low- or moderate-income household as defined in N.J.A.C. 5:97-9; in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented, and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended and supplemented.

AFFORDABLE DEVELOPMENT A housing development all or a portion of which consists of restricted units.

AFFORDABLE HOUSING PROGRAM(S) Any mechanism in a municipal Fair Share Plan prepared or implemented to address a municipality's fair share obligation.

AFFORDABLE UNIT A housing unit proposed or created pursuant to the Act, credited pursuant to N.J.A.C. 5:97-4, and/or funded through an Affordable Housing Trust Fund.

AGENCY The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).

AGE-RESTRICTED UNIT A housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that:

(1) All the residents of the development where the unit is situated are 62 years or older; or

(2) At least 80% of the units are occupied by one person that is 55 years or older; or

(3) The development has been designated by the Secretary of the United States Department of Housing and Urban Development as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. � 3607.

ASSISTED LIVING RESIDENCE A facility licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor and that offers units containing, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.

CERTIFIED HOUSEHOLD A household that has been certified by an administrative agent as a low-income household or moderate-income household.

DCA The State of New Jersey Department of Community Affairs.

DEFICIENT HOUSING UNIT A housing unit with health and safety code violations that require the repair or replacement of a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load-bearing structural systems.

DEVELOPER Any person, partnership, association, company or corporation that is the legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development including the holder of an option to contract or purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq.

INCLUSIONARY DEVELOPMENT A development containing both affordable units and market-rate units. This term includes, but is not necessarily limited to: new construction, the conversion of a nonresidential structure to residential and the creation of new affordable units through the reconstruction of a vacant residential structure.

LOW-INCOME HOUSEHOLD A household with a total gross annual household income equal to 50% or less of the median household income.

LOW-INCOME UNIT A restricted unit that is affordable to a low-income household.

MAJOR SYSTEM The primary structural, mechanical, plumbing, electrical, fire protection, or occupant service components of a building which include, but are not limited to, weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement or load-bearing structural systems.

MARKET-RATE UNITS Housing not restricted to low- and moderate-income households that may sell or rent at any price.

MEDIAN INCOME The median income by household size for the applicable county, as adopted annually by the Department.

MODERATE-INCOME HOUSEHOLD A household with a total gross annual household income in excess of 50% but less than 80% of the median household income.

MODERATE-INCOME UNIT A restricted unit that is affordable to a moderate-income household.

NONEXEMPT SALE Any sale or transfer of ownership other than the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a Class A beneficiary and the transfer of ownership by court order.

RANDOM SELECTION PROCESS A process by which currently income-eligible households are selected for placement in affordable housing units such that no preference is given to one applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable unit (e.g., by lottery).

REGIONAL ASSET LIMIT The maximum housing value in each housing region affordable to a four-person household with an income at 80% of the regional median as defined by the Department's adopted Regional Income Limits published annually by the Department.

REHABILITATION The repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.

RENT The gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. In assisted living residences, rent does not include charges for food and services.

RESTRICTED UNIT A dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1, as may be amended and supplemented, but does not include a market-rate unit financed under UHORP or MONI.

THE DEPARTMENT The Department of Community Affairs of the State of New Jersey, that was established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).

UHAC The Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et seq.

VERY-LOW-INCOME HOUSEHOLD A household with a total gross annual household income equal to 30% or less of the median household income.

VERY-LOW-INCOME UNIT A restricted unit that is affordable to a very-low-income household.

WEATHERIZATION Building insulation (for attic, exterior walls and crawl space), siding to improve energy efficiency, replacement storm windows, replacement storm doors, replacement windows and replacement doors, and is considered a major system for rehabilitation.