ACCESSORY USE OR BUILDING shall mean a subordinate use or building, the purpose of which is incidental to that of a main use or building on the same lot.

ADMINISTRATIVE OFFICER shall mean the Clerk of the municipality, unless a different municipal official or officials are designated by ordinance or statute.

ADT (AVERAGE DAILY TRAFFIC) shall mean the average number of cars per day that pass over a given point.

ADULT BOOK STORE shall mean an establishment devoted to sale, rental, or distribution of pornographic books, magazines, pamphlets, photographs, motion pictures, phonograph records and video and audio tapes devoted to the presentation and exploitation of illicit sex, lust, passion, depravity, violence, brutality, nudity, immorality, and other obscene subjects, etc., used in connection with the aforementioned purposes.

AGGRESSIVE SOILS shall mean soils which may be corrosive to cast iron and ductile iron pipe. These soils represent approximately five (5%) percent of the soils found within the United States and include dump areas, swamps, marshes, alkaline soils, cinder beds, polluted river bottoms, etc., which are considered to be potentially corrosive.

AISLE shall mean travelled way by which cars enter and depart parking spaces.

ALLEY shall mean a public or private street primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.

ALTERATIONS AS APPLIED TO A BUILDING OR STRUCTURE, shall mean a change or rearrangement in the structural sup-ports; 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.

AMUSEMENT ARCADE shall mean any place of business containing more than three (3) amusement devices.

AMUSEMENT DEVICE shall mean any machine, contrivance, or device, which, upon the insertion of a coin, slug, token, plate, disc or key into a slot, crevice, or other openings, or by the payment of any price, is operated or may be operated by the public generally for use as a game, entertainment, or amusement, whether or not registering a score, and shall include, but not be limited to such devices as "Pac-Man" or other types of electronically operated game devices, skillball, mechanical games operations or transactions similar thereto, by whatever name they may be called and shall not include pool or billiard tables.

APARTMENT shall mean dwelling unit in a multi-family building.

APPLICANT shall mean a developer submitting an application for development or for a permit required in accordance with this Chapter.

APPLICATION FOR DEVELOPMENT shall mean the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.

APPROVING AUTHORITY shall mean the Municipal Planning Board unless a different agency is designated by ordinance when acting pursuant to the authority of N.J.S.A. 40:55D et seq.

ART GALLERY shall mean a building or portion thereof, in which sculpture, paintings, or other artistic work is displayed.

ASCE shall mean the American Society of Civil Engineers.

ASTM shall mean the American Society for Testing Materials.

ATTIC, HABITABLE shall mean an attic which has an approved stairway as a means of access and egress and in which the ceiling area at a minimum height of seven and one-third (7 1/3') feet above the attic floor is not more than one-third (1/3) the area of the next floor below.

AUCTION MARKET shall mean any premises on which are held at periodic times, auction sales of merchandise or any other personal property.

AUTOMOBILE REPAIR SHOP shall mean the same as Motor vehicle repair garage.

AUTOMOBILE SALES AGENCY shall mean a place of business where the primary purpose is the sale of new motor vehicles, having a building with either showrooms, office space, repair and/or maintenance facilities with or without outside sales on the same business premises or immediately adjacent thereto.

AUTOMOTIVE REPAIR GARAGE shall mean the same as Motor vehicle repair garage.

AUTOMOBILE SERVICE STATION shall mean the same as Motor vehicle service station.

AWWA shall mean the American Water Works Association.

BARRIER CURB shall mean a steep-faced curb intended to prevent encroachments.

BASEMENT shall mean a story partly underground and having more than one-half (1/2) of its height above the average level of the finished grade.

BEACH shall mean that area between the mean high water line of the Raritan Bay and the sand dunes.

BEDROOM shall mean a room or portion of a structure with the principal function of serving as sleeping quarters.

BELGIAN BLOCK CURB shall mean a type of paving stone generally cut in a truncated, pyramidal shape, laid with the base of the pyramid down.

BERM shall mean a mound of soil, either natural or man-made used as a view obstruction.

BICYCLE COMPATIBLE ROADWAY shall mean a road designed to accommodate the shared use of the roadway by bicycles and motor vehicles.

BICYCLE LANE shall mean a lane at the edge of a roadway reserved and marked for the exclusive use of bicycles.

BICYCLE PATH shall mean a pathway usually separated from the roadway, designed specifically to satisfy the physical requirements of bicycling.

BIKEWAY shall mean a pathway designed to be used by bikers.

BILLBOARD shall mean a structure utilized for advertising an establishment, an activity, a product, a service or entertainment, which is sold, produced, manufactured, available or furnished at a place other than on the property on which the said sign is located.

BLOCK shall mean the length of a street between two street intersections.

BLOW-OFF shall mean an outlet in a pipe through which water or sediment can be discharged.

BOARD OF ADJUSTMENT shall mean the Board established pursuant to N.J.S.A. 40:55D-69 and this Chapter. The term "Board of Adjustment" as used in this Chapter also means the Planning Board when it is acting pursuant to N.J.S.A. 40:55D-60.

BOARD OF ADJUSTMENT ENGINEER shall mean the licensed New Jersey Professional Engineer specifically retained by the Board of Adjustment (or assigned by the Municipal Engineer with the consent of the Board) to render engineering services and advice to the Board. In the absence of the specific appointment of the Board of Adjustment Engineer, the Municipal Engineer may assume the duties of the office.

BOARDING OR LODGING HOUSE shall mean any dwelling for hire in which more than two persons are housed or lodged, with or without meals. This definition notwithstanding, a Certificate of Occupancy is required for any dwelling for hire.

BOATYARD shall mean any waterfront facility where docking accommodation and/or land-dry-storage accommodations for any watercraft, such as power boats, sailboats or row boats, are offered on a rental basis and where facilities for the building, rebuilding and general repair of boats and marine equipment are provided. A boatyard shall be deemed to include all auxiliary and accessory services as chandlery, gasoline sales and rental business activities related to the primary use.

BUFFER shall mean an area within a property or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences, and/or berms, designed to continuously limit view of and/or sound from the site to adjacent sites or properties.

BUILDABLE AREA shall mean that central portion of any lot between required yards and/or setback lines.

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

BUILDING AREA shall mean the total of areas of outside dimensions on a horizontal plane and ground level of the principal building and all accessory buildings, exclusive of unroofed porches, terraces or steps having vertical faces, which at all points are less than three (3') feet above the level of the ground.

BUILDING COVERAGE shall mean the area of a tract covered by buildings and roofed areas, measured at the building line. Building coverage is expressed as a percentage of the total tract area.

BUILDING HEIGHT shall mean the vertical dimension measured from the original lot grade or any revised lot grade shown on a site plan, subdivision plan, or plot plan approved by the appropriate municipal agency. Such revised lot grade shall not include mounding, terracing, or other devices designed to allow increased building height.

BUILDING LINE (SETBACK LINE) shall mean the line beyond which a building shall not extend unless otherwise provided in this Chapter.

BUILDING PERMIT shall mean a permit used for the alteration or erection of a building or structure in accordance with the provisions of the Uniform Construction Code.

BUILDING, PRINCIPAL shall mean a structure in which is conducted the principal use of the site on which it is situated. In any district, any dwelling shall be deemed to be a principal building on the lot on which it is located.

BULKHEAD shall mean a structure separating land and water areas, primarily designed to resist earth pressures.

BULK STORAGE shall mean the stockpiling or warehousing of materials, which may or may not be enclosed within a structure, including, but not limited to, sand, gravel, dirt, asphalt, lumber, pipes, plumbing supplies, metal, concrete and insulation.

BUSINESS OFFICE shall mean a business establishment which does not offer a product or merchandise for sale to the public, but offers or provides a service, primarily administrative or clerical in nature. Business offices are all those offices which are not professional or medical offices and includes but is not limited to the following:

       1. Insurance companies.

       2. Trade associations.

       3. Real estate companies.

       4. Investment brokerage houses.

       5. Banks and trust companies.

       6. Advertising or public relations agencies.

       7. Computer and data processing.

       8. Management and consulting services.

       9. Adjustment and collecting services.

       10. Consumer credit reporting agencies.

CALIPER shall mean the diameter of a tree trunk measured in inches, six (6") inches above ground level for trees up to four (4") inches in diameter and measured twelve (12") inches above ground level for trees over four (4") inches in diameter.

CAPITAL IMPROVEMENTS PROGRAM a proposed schedule of all future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project.

CAPITAL IMPROVEMENT shall mean a governmental acquisition of real property or major construction project.

CAPPED SYSTEM shall mean a completed water supply and/or sewerage system put in place for future use (contingent upon expansion), rather than to meet immediate development needs.

CARPORT shall mean a covering or roof to allow the parking of automobiles underneath. With the exception of supports, the carport shall have no sides unless such sides are the exterior wall of an adjacent building.

CARTWAY shall mean the actual road surface area from curbline to curbline, which may include travel lanes, parking lanes, and deceleration and acceleration lanes. Where there are no curbs, the cartway is that portion between the edges of the paved, or hard surface, width.

CAR WASH shall mean a facility for the washing and cleaning of automobiles and other motor vehicles using production line methods with a conveyor, blower and other mechanical devices and/or providing space, material and equipment to individuals for self-service washing and cleaning of automobiles.

CELLAR shall mean a story wholly or partly underground and having more than one-half (1/2) of its clear height below the average level of the adjoining ground.

CENTERLINE OFFSET OF ADJACENT INTERSECTIONS shall mean the gap between the centerline of roads adjoining a common road from opposite or same sides.

CERTIFICATE OF COMPLETENESS shall mean a certificate issued by the Administrative Officer after all required submissions have been made in proper form, certifying that an application for development is complete.

CERTIFICATE OF NONCONFORMANCE shall mean a document issued by the Zoning Officer for a nonconforming use or structure existing at the time of passage of the zoning ordinance or any amendment thereto which pursuant to N.J.S.A. 40:55-48, may be continued upon the lot or in the building so occupied. Such certificate may be obtained at the owner's request upon any change of ownership for nonconforming use, structure or lot.

CERTIFICATE OF OCCUPANCY shall mean a certificate issued upon completion of construction and/or alteration of any building; or change in use of any building; or change in occupancy of a nonresidential building. Said certificate shall acknowledge compliance with all requirements of this Chapter, such adjustments thereto granted by the Board of Adjustment or Planning Board and/or all other applicable requirements.

CHANGE IN USE shall mean:

       1. Any increase in the number of dwelling units in a structure which would result in three (3) or more total units;

       2. Any change from a residential use to any nonresidential use;

       3. Any change from one nonresidential use, excluding changes of occupancy, to another nonresidential use.

       4. Any increase in the number of individual activities, businesses, or enterprises occupying a non-residential building or site.

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

CHANNELIZATION shall mean the straightening and deepening of channels and/or the surfacing thereof to permit water to move rapidly and/or directly.

CHURCH - see Place of worship.

CIRCULATION shall mean systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highway, railways, waterways, towers, airways, pipes and

CLUBHOUSE shall mean a building to house a club or social organization not conducted for profit and which is not an adjunct to or operated by or in connection with a public tavern, caf or other public place.

COASTAL AREA FACILITIES REVIEW ACT (CAFRA) PERMIT shall mean a permit issued for specific development within the coastal area of New Jersey in accordance with N.J.S.A. 13:19 et seq. and in accordance with rules and regulations promulgated thereunder.

COASTAL WETLANDS shall mean the coastal wetlands designated by the New Jersey Wetlands Act of 1970.

COLLECTOR STREET OR ROAD shall mean a roadway which channels traffic from local streets into the arterial roadways and has been designated a collector street by the Master Plan.

COMMERCIAL PARKING FACILITY shall mean the same as Parking area, public also see Garage, public and Vertical parking garage.

COMMON DEVELOPMENT LINE shall mean a line within a tract or lot which designates the extent of a proposed development or improvements, separate developments within a single tract, or separate stages of development within the tract. Proposed improvements within a tract or site plan shall be shown for the entire tract, on both sides of any common development line.

COMMON LATERAL shall mean a lateral serving more than one unit.

COMMON OPEN SPACE shall mean an open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED shall mean any community residential facility housing up to sixteen (16) developmentally disabled persons which provides food, shelter, and personal guidance for developmentally disabled persons who require assistance, temporarily or permanently, in order to live in-dependently in the community. Such residences shall not be considered health care facilities within the meaning of the "Health Care Facilities Planning Act," P.L. 1977, c. 136 (C. 26:2H-1 et seq.) and shall include, but not be limited to, group homes, halfway houses, supervised apartment living arrangements and hotels.

COMPLETE APPLICATION shall mean an application for development which complies in all respects with the appropriate submission requirements set forth in this Chapter, including an application form completed as specified by this Chapter and the rules and regulations of the Municipal Agency, and all accompanying documents required by ordinance for approval of the application for development, including where applicable, but not limited to, a site plan or subdivision plat; provided that the Municipal Agency may require such additional information not specified in this Chapter, or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional in-formation or any revisions in the accompanying documents so required by the Municipal Agency. An application shall be certified as complete immediately upon the meeting of all requirements specified in this Chapter and in the rules and regulations of the Municipal Agency, and shall be deemed complete as of the day it is so certified by the Administrative Officer for purposes of the commencement of the time period for action by the Municipal Agency.

CONCEPT PLAN shall mean a preliminary presentation and attendant documentation of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification.

CONDITIONAL USE shall mean a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this Chapter, and upon the issuance of an authorization thereof by the Municipal Agency.

CONDOMINIUM shall mean an ownership arrangement, not a land use; therefore, it is allowed in any zone and under the same restrictions as the residential land uses that it comprises. A condominium shall not negate lot nor other requirements intended to provide adequate light, air, and privacy. A condominium is a dwelling unit which has all of the following characteristics:

       1. The unit (the interior and associated exterior areas designated for private use in the development plan) is owned by the occupant.

       2. The unit may be any permitted dwelling type.

       3. All or a portion of the exterior open space and any community interior spaces are owned and maintained in accordance with the provisions for open space, roads, or other development features as specified in this Chapter.

CONVENTIONAL DEVELOPMENT shall mean development other than "planned development" as defined herein.

CORNER LOT shall mean a lot on the junction of and abutting two or more intersecting streets where the interior angle of intersection does not exceed one hundred thirty-five (135) degrees.

CORPORATION STOP ALSO KNOWN AS CORPORATION COCK shall mean a valve which is placed in a building's water or gas service pipe near its junction with the public water or gas main.

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

COUNTY PLANNING BOARD shall mean the Planning Board of the County of Monmouth as defined in N.J.S.A. 40:27-6.1.

COURT OR COURTYARD shall mean an unoccupied open space on the same lot with a building, which is bounded on three (3) or more sides by building walls.

COVERAGE shall mean the same as Lot coverage.

CRITICAL AREA shall mean a sediment-producing highly erodible or severely eroded area.

CURB shall mean a vertical or sloping edge of a roadway. See also Belgian block curb, Barrier curb, Mountable curb.

CULVERT shall mean a structure designed to convey a water course not incorporated in a closed drainage system under a road or pedestrian walk.

CUL-DE-SAC shall mean a local street with only one outlet and having the other end for the reversal of traffic movement.

CURB LEVEL shall mean the officially established grade of the curb in front of the midpoint of the front lot line.

CUSHIONS shall mean supportive or protective bedding materials placed underneath piping.

DAY(S) shall mean calendar day(s).

DAY CAMP shall mean a licensed, organized and supervised day-time facility used for recreational purposes.

DAY CARE CENTER shall mean the State-certified facility which provides care for children.

DENSITY shall mean the permitted number of dwelling units per gross acre of land to be developed including streets, easements and open space portions of a development.

DESIGN FLOOD shall mean the relative size or magnitude of a major flood of reasonable expectancy, which reflects both flood experience and flood potential and is the basis of the delineation of the floodway, the flood hazard area, and the water surface elevations.

DESIGN GUIDELINES shall mean guidelines that provide a general framework for sound planning.

DESIGN STANDARDS shall mean standards that set forth specific improvement requirements.

DETENTION BASIN shall mean a man-made or natural water collector facility designed to collect surface and subsurface water in order to impede its flow and to release the same gradually at a rate not greater than that prior to the development of the property, into natural or man-made outlets.

DEVELOPABLE ACRE OR DEVELOPABLE AREA shall mean acres or land area without wetlands, beaches, dunes and easements.

DEVELOPER shall mean 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 shall mean the division of a parcel of land into two (2) or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension or use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq. and this Chapter.

DEVELOPMENTALLY DISABLED shall mean experiencing a disability which originates before eighteen (18) years of age, which has continued or is expected to continue indefinitely, which constitutes a substantial handicap, and which is attributable to mental retardation, cerebral palsy, epilepsy, autism, or other conditions found by the Commissioner of Human Services to give rise to an extended need for similar services.

DEVELOPMENT PERMIT shall mean a document signed by the Zoning Officer (1) which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building, and (2) which acknowledges that such use, structure or building complies with the provisions of this Chapter or variance therefrom duly authorized by a Municipal Agency.

DEVELOPMENT REGULATION shall mean this Chapter, official map ordinance, or other municipal regulation of the use and development of land, or amendment thereto adopted and filed pursuant to N.J.S.A. 40:55D-1 et seq.

DISTRICT shall mean any part of the territory of the Borough which is designated as a zone on the official zoning map (on file in the Borough Clerk's office) and to which certain uniform regulations and requirements of this Chapter apply.

DRAINAGE shall mean the removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution to maintain the integrity of stream channels for their biological functions as well as for drainage and the means necessary for water supply preservation or prevention or alleviation of flooding.

DRAINAGE FACILITY shall mean any component of the drainage system.

DRAINAGE RIGHT-OF-WAY shall mean the lands required for the installation of storm water sewers or drainage ditches, or required along a natural stream or water-course for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with N.J.S.A. 58:1 et seq., State Water Policy Commission.

DRAINAGE SYSTEM shall mean the system through which water flows from the land, including all watercourses, water bodies and wetlands.

DRIVE-IN RESTAURANT shall mean the same as Restaurant, drive-in.

DRIVEWAY shall mean a paved or unpaved area used for ingress or egress of vehicles, and allowing access from a street to a building or other structure or facility.

DROP MANHOLE shall mean a manhole provided for inspection and maintenance of sewers where an incoming sewer is considerably higher than the outgoing.

DROP PIPE shall mean a vertical pipe used to convey sewage from a higher to a lower elevation.

DRY LINES see Capped system.

DWELLING shall mean any building or portion thereof designed or used exclusively for one or more dwelling units.

DWELLING, EFFICIENCY APARTMENT shall mean a dwelling including the following separate rooms or combination thereof: A bathroom with toilet and bath facilities and a combination living room and bedroom, with a combination kitchen and dining room; or a combination living room, bedroom and dining room with a separate kitchen; or a combination living room, bedroom, dining room and kitchen (provided that the kitchen can be closed off from the remainder of the room). No additional room shall be provided, except hallways and suitable closet and storage space.

DWELLING, EIGHT-PLEX shall mean a residential building containing eight (8) attached dwelling units in which each unit has two (2) open space exposures and in which units may be arranged back to back, side to side, or vertically.

DWELLING, ONE BEDROOM shall mean an apartment including the following separate rooms or a combination there-of: A kitchen; a dining room; a living room; or a combination kitchen and dining room with a separate living room; or a separate kitchen with a combined living room and dining room area (provided that in no case shall a kitchen be combined with a living room); a bathroom with a toilet and bath facilities; and a bedroom. No additional room shall be provided, except hallways and suitable closet and storage space.

DWELLING, MULTIPLE shall mean a building designed for, or containing three (3) or more dwelling units, which are entirely separated from each other by vertical walls or horizontal floors, unpierced, except for access to outside or a common cellar.

DWELLING, QUADRAPLEX shall mean a residential building containing four (4) attached dwelling units in which each building has two (2) open space exposures and shares one or two (2) unpierced vertical walls with the adjoining unit or units. Each dwelling unit extends from ground to roof.

DWELLING, SINGLE FAMILY shall mean a detached building designed for or containing one dwelling unit.

DWELLING, SINGLE FAMILY ATTACHED shall mean an attached building or part thereof designed for or containing one (1) dwelling unit, located on a separate building lot, separated by vertical common walls from dwellings located on one or more sides.

DWELLING, SINGLE FAMILY SEMI-DETACHED shall mean a dwelling type consisting of a building containing two (2) dwelling units. The dwelling units are separated by one (1) unpierced vertical wall and each dwelling unit extends from ground to roof.

DWELLING, TOWNHOUSE shall mean a multiple dwelling building, characterized by individual dwelling units on individual lots, with a common fire wall between contiguous units. Such townhouse dwelling is designed and constructed as an integral development or complex, which utilizes such common facilities as pedestrian walks, parking and garage areas, open space and recreation areas, and sanitary systems.

DWELLING, THREE BEDROOM shall mean a dwelling including the following separate rooms or a combination there-of: A kitchen; a dining room; a living room; or a combination kitchen and dining room with a separate living room; or a separate kitchen with a combined living room and dining area (provided that in no case shall a kitchen be combined with a living room); a bathroom with toilet and bath facilities; a master bedroom, a second bedroom, a third bedroom. No additional room shall be provided, except hallways and suitable closet and storage space.

DWELLING, TWO BEDROOM shall mean a dwelling including the following separate rooms or a combination thereof: A kitchen; a dining room; a living room; or a combination kitchen and dining room with a separate living room; or a separate kitchen with a combined living room and dining area (provided that in no case shall a kitchen be combined with a living room); a bathroom with toilet and bath facilities; a master bedroom; a second bedroom. No additional room shall be provided, except hallways and suitable closet and storage space.

DWELLING, TWO FAMILY shall mean a detached building designed for, or containing two (2) dwelling units, which are entirely separated from each other by vertical walls, unpierced, except for access to the outside or a common cellar.

DWELLING UNIT shall mean a building or part thereof having cooking, sleeping, and sanitary facilities designed for, or occupied by one family, and which is entirely separated from any other dwelling unit in the building by vertical walls, or horizontal floors, unpierced, except for access to the outside or a common cellar.

EASEMENT shall mean a right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structures.

EDUCATIONAL USE shall mean public, parochial or private elementary or secondary schools, duly licensed by the State of New Jersey, attendance at which is sufficient compliance with the compulsory education requirements of the State. Summer day camps shall not be considered as educational uses or accessories to such uses. Duly accredited colleges and universities shall also be considered educational uses.

ELEEMOSYNARY shall mean the giving of money and/or services to a charitable or philanthropic organization.

ENVIRONMENTAL COMMISSION shall mean the Municipal Environmental Commission, a municipal advisory body, created pursuant to N.J.S.A. 40:56A-1 et seq.

ENVIRONMENTAL CONSTRAINTS shall mean features, natural resources, or land characteristics that are sensitive to improvements and may require conservation measures or the application of creative development techniques to prevent degradation of the environment, or may require limited development, or in certain instances may preclude development.

ENVIRONMENTAL IMPACT REPORT (E.I.R.) shall mean for the purposes of this Chapter, a compilation of studies, reports, documents and finding of fact prepared by an applicant as part of and for a development application. An Environ-mental Impact Statement meeting the requirements of the N.J.S.A. 13:10 et seq., Coastal Area Facility Review Act, and specifically outlined in section 7 of said rules and regulations promulgated in compliance with said Act will be accepted in lieu of the E.I.R.

EROSION shall mean the detachment and movement of soil or rock fragments by water, wind, ice, and/or gravity.

EROSION AND SEDIMENT CONTROL PLAN shall mean a plan which fully indicates necessary land treatment measures, including a schedule of the timing for their installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be equivalent to or exceed standards adopted by the New Jersey State Soil Conservation Committee and administered by the Freehold Soil Conservation District in conformance with N.J.S.A. 40:55-120.

ESCROW shall mean a deed, bond, money or a piece of property delivered to a third person to be delivered by him to the grantee only upon fulfillment of a condition.

ESSENTIAL SERVICES shall mean underground gas, electrical, telephone, telegraph, steam or water transmission or distribution systems, including mains, drains, sewers, pipes, conduits, cables; and including normal above ground 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 governmental agencies or for the public health or safety or general welfare.

EXCAVATION OR CUT shall mean any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.

EXCAVATION WORK shall mean the excavation, removal, replacement, repair, construction, or other disturbance of any portion of the public improvements within a public street or drainage right-of-way. These public improvements include, but are not limited to curb, sidewalk, driveway, and driveway aprons, drainage structures and conduits, pavements, base courses, gutters, retaining walls, channels, headwalls, railings, guard rails, or any other public improvement existing within the public right-of-way. For the purposes of this Chapter, that work which is being performed outside of the public right-of-way, but which requires the storage of materials or the operation of equipment within the public right-of-way, in such a manner as may cause damage, will also be deemed excavation work. Excavation work shall also include the construction, addition, installation, or other provision of the whole or portions of the improvements within a public street, drainage right-of-way or other public way or public grounds by persons other than those exempted from the provisions of this Chapter including privately sponsored construction of curbing, sidewalks, pavement extensions, aprons, drainage or any other portions of the public improvements.

EXEMPT DEVELOPMENT shall mean that site plan and/or subdivision approval shall not be required prior to issuance of a development permit for the following:

       1. Construction, additions, or alterations related to single family or two-family detached dwellings or their accessory structures on individual lots.

       2. Any change in occupancy which is not a "change in use "(as herein defined).

       3. Individual applications for accessory mechanical equipment, whose operation and location con-forms to the design and performance standards of this Chapter, and whose installation is on a site already occupied by an active principal use for which site plan approval is not otherwise required.

       4. Sign(s) which installation is on a site already occupied by a principal use for which site plan approval is not otherwise required and provided such sign(s) conform to the applicable design and zoning district regulations of this Chapter.

       5. Construction or installation of essential services.

       6. Division of property and conveyances so as to combine existing lots, which are not considered to be subdivisions in accordance with the definition of "subdivision" contained within this section.

       7. Demolition of any structure or building not listed on the State or National Register of Historic Places or identified as a historic site on the Master Plan, provided that the demolition does not involve changes to the site outside the limits of the structure or building nor does it create any nonconformity.

FAMILY shall mean one or more persons living together as a single entity or nonprofit housekeeping unit, as distinguished from individuals or groups occupying a hotel, club, fraternity or sorority house. The family shall be deemed to include necessary servants when servants share the common housekeeping facilities and services.

FENCE shall mean a structure constructed of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials serving as an enclosure, barrier, or boundary.

FENCE, OPEN shall mean a fence in which two-thirds (2/3) of the area, between grade level and the top cross member (wire, wood or other material), is open.

FINAL APPROVAL shall mean the official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled 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 shall mean 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, and which is approved shall be filed with the proper County office.

FLOOD OR FLOODING shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from:

       1. The overflow of inland or tidal waters and/or

       2. The unusual and rapid accumulation or runoff of surface waters from any source.

FLOODWAY shall mean the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.

FLOODPLAIN shall mean the relatively flat area adjoining any natural or man-made stream, pond, lake, river, or any other body of water which is subject to a one hundred (100) year flood.

FLOODPLAIN ENCROACHMENT PERMIT shall mean permission of the Borough to build in accordance with municipal floodplain regulations.

FLOOR shall mean a story of a building.

FLOOR AREA shall mean the sum of the gross areas of the floor or floors of a building or structure including parking levels, basements and cellars, measured between the inside faces of exterior walls or from the centerline of walls common to two (2) structures or uses. For the purpose of determining required parking, enclosed parking levels will not be considered floor area.

FLOOR AREA RATIO shall mean the floor area divided by the lot area. For residential uses, the floor area ratio shall be calculated exclusive of the floor area of basements or cellars. For nonresidential uses, the floor area ratio shall be calculated inclusive of the floor area of basements or cellars having a ceiling height of seven (7') feet or greater.

FLOOR AREA, SALES shall mean the sum of the gross horizontal areas of the floor or several floors of a commercial building which are used for display of merchandise to the general public and including any areas occupied by counters, showcases, or display racks, and any aisles, entrance ways, arcades, or other such public areas.

FLUSHING shall mean the cleaning out of debris and sediment from pipes by force of moving liquid, usually water.

FUNERAL HOME OR MORTUARY shall mean a funeral home or mortuary operated by a licensed mortician in accordance with N.J.S.A. 27:23-1 et seq. A funeral home or mortuary shall not be considered a "professional office."

GARAGE shall mean a detached accessory building or portion of a main building for the parking or temporary storage of automobiles of the occupants of the main building to which the garage is accessory.

GARAGE, PRIVATE shall mean an enclosed building used as an accessory to the main building which provides for the storage of motor vehicles and in which no occupation, business, or service for profit is carried on.

GARAGE, PUBLIC shall mean a building or part thereof, other than a private garage, used for the storage, care or repair of motor vehicles for profit, including any sale of motor vehicle accessories, or where any such vehicles are kept for hire. The rental of storage space for more than two (2) motor vehicles not owned by occupants of the premises shall be deemed a public garage.

GAS STATION shall mean the same as Motor vehicle service station.

GOLF COURSE shall mean an area of fifty (50) or more contiguous acres containing a full size professional golf course, at least nine (9) holes in length, together with the necessary and usual accessory uses and structures such as, but not limited to: club house facilities, dining and refreshment facilities; swimming pools, tennis courts, and the like, provided that the operation of such facilities is incidental and subordinated to the operation of a golf course.

GOVERNING BODY shall mean the Borough Council of Keansburg.

GRADE - EXISTING shall mean the existing undisturbed elevation of land, ground, and topography preexisting or existing on a lot, parcel or tract of land at the time of the adoption of this Chapter.

GRADE, FINISHED shall mean the completed surface of lawns, walks and roads brought to grade(s) as shown on official plans or designs relating thereto or as existing if no plans or designs have been approved.

GRAPHIC CONTENT OF SIGN shall mean all words, letters, numbers, symbols, colors, shapes, etc. which appear on the sign face and are intended to convey a visual message. Total graphic content coverage of a sign shall be measured by computing the area of the smallest geometric figure which can encompass all words, letters, figures, logos and other elements of the sign message.

GROUND COVER shall mean low growing plants or sod that in time form a dense mat covering the area in which they are planted preventing soil from being blown or washed away and the growth of unwanted plants.

GROUND SIGN shall mean any sign supported by either uprights affixed to the ground or supported by a base affixed to the ground.

GUTTER shall mean a shallow channel usually set along a curb or the pavement edge of a road for purposes of catching and carrying off runoff water.

HABITABLE ROOM shall mean any room within a building used for the purpose of sleeping, eating, preparation of food, offices, selling of merchandise, public gatherings, or assembly lobbies. All habitable rooms within a dwelling unit shall have natural light, ventilation, and heat. Garages, bathrooms, closets, storage areas, hallways, stairs are not considered to be habitable rooms.

HAZARDOUS MATERIALS shall mean including, but not limited to, inorganic mineral acids of sulfur, fluorine, chloride, nitrogen, chromium, phosphorus, selenium and arsenic and their common salts; lead, nickel, and mercury and their inorganic salts or metalloorganic derivatives; coal tar acids, such as phenols and creosols, and their salts; petroleum products; and radioactive materials.

HEALTH CARE FACILITY shall mean the facility or institution, whether public or private, engaged principally in providing services for health maintenance organizations, diagnosis, or treatment of human disease, pain, injury, deformity, or physical condition, including, but not limited to, a general hospital, special hospital, mental hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended care facility, skilled nursing home, nursing home, intermediate bio-analytical laboratory (except as specifically excluded hereunder) or central services facility serving one or more such institutions but excluding institutions that provide healing solely by prayer and excluding such bio-analytical laboratories as are independently owned and operated, and are not owned, operated, managed, or con-trolled, in whole or in part, directly or indirectly, by any one or more health care facilities, and the predominant source of business of which is not by contract with health care facilities within the State of New Jersey and which solicit or accept specimens and operate predominantly in interstate commerce.

HIGH WATER LINE shall mean for the purposes of this Chapter a line showing the upper inland wetlands boundary (a biological "high water line") on a series of maps prepared by the State of New Jersey Department of Environmental Protection in accordance with the provisions of "The Wetlands Act", N.J.S.A. 13:9A-1 et seq., said line being established from photographs and each of these maps being on file in the office of the County Clerk, Monmouth County, New Jersey.

HISTORIC DISTRICT shall mean one or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.

HISTORIC SITE shall mean any real property, man-made structure, natural object or configuration or any portion or group of the foregoing which has been formally designated in the master plan as being of historical, archaeological, cultural, scenic or architectural significance.

HOME OCCUPATION shall mean any use customarily conducted for profit entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and does not change the character thereof, provided that no article is sold or offered for sale except such as may be produced by members of the immediate family residing in the dwelling; and provided, further, that no machinery or equipment used which will cause electrical or other interference with radio and television reception in adjacent residences, or cause offensive noise or vibration. Such activities as clinics, hospitals, barber shops, beauty parlors, tea rooms, tourist homes, animal hospitals, nursery schools, and music or dancing schools other than for individual instruction shall not be deemed home occupations under the terms of this Chapter.

HOTEL shall mean a building containing twenty-five (25) or more sleeping units devoted mainly to the housing of transient travellers and permitting accessory uses including but not limited to restaurants, retail and personal service facilities, banquet facilities, health clubs, and customer laundry and dry cleaning services.

HOSPITAL shall mean a building or series of buildings, primarily for treatment of patients to be housed on the premises, and providing health, medical and surgical care for sick or injured human beings, including as an integral part of the building, such related facilities as laboratories, out-patient departments, clinics, training facilities, central service facilities and staff offices. The definition "hospital" shall not include nursing homes, medical care centers and the like.

HOUSEHOLD shall mean the person or persons occupying a dwelling unit.

HYDROLOGIC RESPONSE shall mean the properties, distribution, and circulation of water.

IES shall mean the Illuminating Engineering Society.

IMPERVIOUS SURFACES shall mean a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration of water.

IMPOUNDMENT shall mean a body of water, such as a pond, confined by a dam, dike, floodgate or other barrier.

IMPROVED PARKING AREA shall mean an area for the temporary location of motor vehicles which has been modified from its natural conditions by excavation, fill or structures.

IMPROVED STREET shall mean a street curbed and paved in accordance with the standards set forth in this Chapter for new streets or, alternately, a street which has been improved to the standards specified by the Borough Engineer.

IMPROVEMENT shall mean any man-made, immovable item which becomes part of, placed upon, or is affixed to, real estate.

INDIVIDUAL SEWAGE DISPOSAL SYSTEM shall mean a septic tank, seepage tile sewage disposal system, or any other approved sewage treatment device serving a single unit.

INTERESTED PARTY shall mean (a) in a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and (b) in the case of a civil proceeding in any court or in an administrative proceeding before a Municipal Agency, any person, whether residing within or without the municipality, whose rights to use, acquire, or enjoy property is or may be affected by any action taken under N.J.S.A. 40:55D-1 et seq. or under any other law of this State or of the United States have been denied, violated or infringed by an action or failure to act under N.J.S.A. 40:55D-1 et seq. or this Chapter.

INTERIOR OR INSIDE LOT shall mean a lot bounded by a street on one side only.

INTERIOR STREET OR ROAD shall mean a street or road that is developed wholly within a parcel under one ownership and meeting all municipal standards.

INTERNAL STREET OR ROAD shall mean a street used for internal vehicular circulation within a tract or development. Major internal streets are those internal streets which have an entrance and/or exit on the access street or right-of-way frontage of the tract. Internal streets may be private and not dedicated or deeded to the public, subject to approval by the Planning Board and by the Municipal Engineer.

ISLAND IN STREET DESIGN shall mean a raised area usually curbed, placed to guide traffic, separate lanes, or used for landscaping, signing, or lighting.

ITE shall mean the Institute of Transportation Engineers.

JETTY shall mean a projection of stone, brick, wood or other material, but generally formed of piles, serving as a protection against the encroachment or assault of the waves and currents.

JUNK OR SALVAGE YARD shall mean the use of any area and/or structure keeping or abandonment of junk, including scrap metal, glass, paper, cordage, or other scrap material, or for the dismantling, demolition or abandonment of structures, automobiles or other vehicles, equipment and machinery, or parts thereof, provided, however, that this definition shall not be deemed to include any of the foregoing uses which are accessory and incidental to any agricultural use permitted in any zone. The term "junk yard," as herein defined includes automobile salvage or wrecking yards.

KITCHEN shall mean an area used or designed to be used for the preparation of food.

LAKES AND PONDS shall mean natural or man-made bodies of water which normally contain or retain water for extended periods. Ponds are bodies of water with a surface area, measured under ten (10) year storm conditions, of two (2) acres or less. Lakes are bodies of water with a surface greater than two (2) acres, measured under ten (10) year storm conditions. The shoreline of a lake or pond is measured at the perimeter of the surface of water under ten (10) year storm conditions, as certified by the applicant's licensed land surveyor, and approved by the Municipal Engineer.

LAND shall mean any real property including improvements and fixtures on, above or below the surface.

LAND DISTURBANCE shall mean any activity involving the clearing, grading, transporting, filling of land, and any other activity which causes land to be exposed to the danger of erosion.

LANDSCAPE-LANDSCAPING shall mean the orderly, planned arrangement of shrubs, ground cover, flowers, trees and other plant material, including incidental use of berms and decorative mulches, gravel and similar materials to produce an aesthetically pleasing appearance, to satisfy ground stabilization requirements, and/or providing a visual screen, all arranged and implemented in accordance with good landscaping and horticultural practices.

LATERAL SEWERS shall mean pipes conducting sewage from individual buildings to larger pipes called trunk or interceptor sewers that usually are located in street rights-of-way.

LIGHT MANUFACTURING shall mean fabrication, assembly or processing of goods or materials, or the storage of bulk goods and materials where such activities or materials create no hazard from fire or explosion, or produce toxic or corrosive fumes, gas, smoke, obnoxious dust or vapor, offensive noise or vibration, glare, flashes or objectionable effluent.

LOADING SPACE shall mean an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials. Such space must have clear means of ingress and egress to a public street at all times.

LOCAL STREET OR LOCAL ROAD shall mean any street other than a collector street.

LOT shall mean 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. A "lot" is land occupied or to be occupied by a building, structure and permitted accessory uses, or by a dwelling and its accessory uses together with such open spaces as are specified and required under the provisions of this Chapter, having not less than the minimum area required by this Chapter for a lot in the zone district in which such a lot is situated, and having the required frontage on a street.

LOT AREA shall mean the acreage and/or square footage of a lot contained within the lot lines of the property. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area. Portions of lots en-cumbered by easements shall be included in calculating lot area.

LOT, CORNER shall mean any lot at the junction of and fronting on two (2) or more intersecting streets.

LOT COVERAGE shall mean the area of a lot covered by buildings and structures and accessory buildings or structures and expressed as a percentage of the total lot area. For the purpose of this Chapter, lot coverage shall include all parking areas and automobile access drive-ways and internal roadways, whether covered by an impervious or pervious material, and all other impervious surfaces except as specifically indicated.

LOT FRONTAGE shall mean 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 frontage except that on curved alignments with an outside radius of less than five hundred (500') feet, the minimum distance between the side lot lines measured at the street line shall not be less than sixty (60%) percent of the required minimum lot frontage. Where the lot frontage is so permitted to be reduced, the lot width at the building setback line shall not be less than the required minimum frontage of the zone district. For the purpose of this Chapter, only continuous uninterrupted lot lines shall be accepted as meeting the frontage requirements.

LOT, INTERIOR shall mean a lot other than a corner lot.

LOT LINE shall mean any line designating the extent or boundary of a lot which shall further be defined as follows:

       1. Front lot line: A lot line or portion thereof which is coexistent with a street line and along which the lot frontage is calculated.

       2. Rear lot line: The lot line most distant and generally opposite and parallel to the front lot line.

       3. Side lot line: Any lot line other than a front or rear lot line.

LOT SHAPE REQUIREMENT shall mean lot shape requirements specified by the schedule of zoning district regulations.

LOWEST FLOOR shall mean the lowest level (including basement, crawl space and garage) of the lowest enclosed area.

MAINTENANCE BOND shall mean any security that is acceptable to the governing body to assure the maintenance of approved installations by developers.

MAINTENANCE GUARANTEE shall mean any security, other than cash, which may be accepted by the Borough for the maintenance of any improvements required by N.J.S.A. 40:55D-1 et seq. and this Chapter.

MAJOR SITE PLAN shall mean any site plan not classified as a minor site plan or exempt site development.

MAJOR SUBDIVISION shall mean any subdivision not classified as a "minor subdivision."

MANHOLE shall mean an inspection chamber whose dimensions allow easy entry and exit and working room for a person inside.

MANNING EQUATION shall mean a method for calculating the hydraulic capacity of a conduit to convey water.

MANUFACTURED HOME shall mean a structure, transport-able in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities.

MANUFACTURING shall mean the treatment or processing of raw products, and the production of articles or finished products from raw or prepared materials by giving them new forms or qualities.

MARINA shall mean any waterfront facility wherein berthing spaces for any and all watercraft or boats are provided. A marina shall be deemed to include, in addition, automobile parking facilities; sanitary facilities; motor fuel sales; boat sales, repairs, maintenance and service, excluding, however, facilities for the construction of new boats.

MARINE ACTIVITIES shall mean any facilities or activity associated with fishing or boating, either for sport or for commercial gain.

MASSAGE PARLOR shall mean any establishment devoted to the providing of massage services to persons not in connection with any medical, osteopathic, chiropractic, prescribed therapeutic or athletic or calisthenic activities.

MASTER PLAN shall mean a composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted by the Planning Board pursuant to N.J.S.A. 40:55D-28.

MAYOR shall mean the Mayor of Keansburg.

MEDIAN shall mean that portion of a divided highway separating the traveled ways of traffic proceeding in opposite directions.

MENTALLY ILL PERSON shall mean a person afflicted with mental disease to such an extent that a person so afflicted requires care and treatment for his own welfare, or the welfare of others, or of the community, but shall not include a person who has been committed after having been found not guilty of a criminal charge or unfit to be tried on a criminal charge by reason of insanity.

MINOR SITE PLAN shall mean a development plan for one or more lots which is (are) subject to development which:

       1. Requires site plan approval, and

       2. Meets the requirements set forth in Section 22-12 of this Chapter and contains the information needed to make an informed determination as to whether the requirements established by this Chapter for approval of a minor site plan have been met, and

       3. Meets the following conditions:

       (a) The construction of drainage facilities is not required either on or off-site.

       (b) New building construction and/or building additions do not exceed one thousand (1,000) square feet of gross floor area.

       (c) The proposed development does not increase parking requirements by more than five (5) spaces.

       (d) The proposed development conforms to the performance standards set forth in Section 22-5.

       (e) The proposed development will not require the issuance of a CAFRA Permit.

       (f) The proposed development does not involve planned development.

       (g) The proposed development does not involve any new street or the extension of any existing street.

       (h) The proposed development does not involve the extension or construction of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.

       (i) The proposed development does not involve the disturbance of five thousand (5,000) square feet or more of ground area.

MINOR SUBDIVISION shall mean a subdivision of land for the creation of not more than two (2) lots plus the remainder of the original lot provided such subdivision does not involve, (1) a planned development, (2) any new street, or (3) the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42 and provided that the Municipal Agency or the Subdivision Committee of the Planning Board finds that all the following conditions have been met:

       1. That curbs and sidewalks have been installed or that the developer agrees to install and post performance guarantees for curbs and sidewalks, or that curbs and sidewalks are not required due to specific conditions in the area.

       2. That the subdivision does not require the extension of municipal facilities at the expense of the municipality.

       3. That the subdivision and construction resulting therefrom will not adversely affect drainage patterns of the basin in which the lots are situated.

       4. That the subdivision will not adversely affect the development of the remainder of the parcel or the adjoining property.

       5. That the subdivision is not in conflict with any provision or portion of the Master Plan, Official Map or this Chapter or that appropriate variances have been obtained (or must be obtained as a condition of approval).

       6. That no portion of the lands involved have constituted a part of a minor subdivision within three (3) years preceding the application.

MIXED USE DEVELOPMENT shall mean a planned development which contains both residential and nonresidential uses in a proportion permitted by the Chapter to be developed in conformance with an approved plan establishing the location, type, scale, and intensity of uses. A mixed use development shall consist either of a mixing of uses in a single building or a coordinated set of complementary buildings designed to maintain a unified relationship and connected by pedestrian walkways.

MLUL shall mean Municipal Land Use Law.

MOBILE HOME . See Manufactured home.

MOTEL shall mean a hotel where each unit has convenient access to a parking space or parking spaces for the use of the unit's occupants.

MOTOR VEHICLE REPAIR GARAGE shall mean a building or portion of a building or land, or portion thereof, which is not primarily devoted to the retail sale of gasoline or new or used automobiles or trucks, in which auto body work or the overhauling or replacement of automobiles, auto-mobile parts, or any portion thereof, is conducted as a business for profit.

MOTOR VEHICLE SERVICE STATION shall mean any area of land, including structures thereon, which is used for the retail sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories and which may include facilities for lubricating, washing or servicing of motor vehicles, except that auto body work of any nature and retail sales unrelated to motor vehicle uses shall be prohibited.

MULCH shall mean a layer of wood chips, dry leaves, straw, hay, plastic, or other materials placed on the surface of the soil around plants to retain moisture, prevent weeds from growing, hold the soil in place, and aid plant growth.

MULTI-FAMILY BUILDING shall mean any building containing two (2) or more dwelling units, including "town-houses" within a lot. Dwelling units within multi-family buildings are classified as multi-family dwellings.

MUNICIPAL AGENCY shall mean the Planning Board or Board of Adjustment when acting pursuant to N.J.S.A. 40:55D-1 et seq. and this Chapter.

MUNICIPAL LAND USE LAW shall mean N.J.S.A. 40:55D-1 et seq. (Ordinance 291, Laws of N.J., 1975, as amended).

MUNICIPALITY shall mean the Borough of Keansburg.

NEW CONSTRUCTION shall mean structures for which the "start of construction" commenced on or after the effective date of this Chapter.

NONCONFORMING LOT shall mean a lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this Chapter, but which fails to conform to requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING STRUCTURE shall mean a structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision, or amendment.

NONCONFORMING USE shall mean a use or activity which was lawful prior to the adoption, revision, or amendment of this Chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NON-POINT SOURCE POLLUTION shall mean pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvacultural, mining, construction, subsurface disposal and urban runoff sources.

NURSERY SCHOOL shall mean a school designed to provide daytime care of three (3) or more children from two (2) to six (6) years of age inclusive, and operated on a regular basis.

OCCUPANCY shall mean the specific purpose for which land or a building is used, designed or maintained.

OCCUPANCY PERMIT shall mean the same as Certificate of Occupancy.

OFFICIAL COUNTY MAP shall mean the map, which 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 shall mean a map adopted by ordinance by the Governing Body pursuant to N.J.S.A. 40:55D-32 et seq.

OFF-SITE shall mean 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-STREET PARKING SPACE shall mean a temporary storage area for a motor vehicle that is directly accessible to an access aisle, and that is not located on a dedicated street right-of-way.

OFF-TRACT shall mean 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 shall mean located on the lot in question.

ON-STREET PARKING SPACE shall mean a temporary storage area for a motor vehicle which is located on a dedicated street right-of-way.

ON-TRACT shall mean 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 PORCH OR STEPS shall mean a porch or steps with a fixed roof no larger than six (6') feet wide by four (4') feet deep and with no sidewalk other than the wall of the structure to which it is attached.

OPEN SPACE shall mean any parcel or area of land essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and other improvements that are designed to be incidental to the natural openness of the land.

OWNER shall mean any individual, family group, firm, association, syndicate, cooperative or corporation having sufficient proprietary interest in land which is the subject of a development proposal.

PARKING AREA shall mean an open area used for the open storage of motor vehicles and includes any driveways and access drives, as well as accessory incidental structures or improvements such as curbing, drainage, lighting, and signing.

PARKING AREA, PRIVATE shall mean an area, other than a street, intended for the same use as a private garage, is accessory to a residential or nonresidential building or use and not used by the general public.

PARKING AREA, PUBLIC shall mean a paved open area, other than a street or other public way, used for the parking of motor vehicles and available to the public, whether for a fee, free, or as an accommodation of clients or customers.

PARKING GARAGE shall mean the same as Garage, public.

PARKING SPACE shall mean an off-street space provided for the parking of a motor vehicle exclusive of driveways or access drives, either within a structure or garage or in the open or as may be otherwise defined in this Chapter.

PARTY IMMEDIATELY CONCERNED shall mean 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 under N.J.S.A. 40:55D-12.

PATIO shall mean an area of land not used for receiving and storing material where the grounds have been surfaced with construction material such as brick, stone, cement or lumber, which does not project above grade level and which is entirely uncovered by a roof or any superstructure.

PAVEMENT . See Cartway.

PEEP SHOW shall mean any establishment showing to patrons in private or semi-private viewing areas the live or photographic or magnetically recorded depictions of persons engaged in the presentation and exploitation of illicit sex, lust, passion, depravity, violence, brutality, nudity, immorality and other obscene subjects.

PERFORMANCE GUARANTEE shall mean any security, which may be accepted by the municipality including cash; provided that the municipality shall not require more than ten (10%) percent of the total performance guarantee in cash, in lieu of a requirement that certain improvements be made before the Municipal Agency approves an application for development.

PERSONAL SERVICES shall mean an act by which skills of one person are utilized for the benefit of another, provided no function involves manufacture, cleaning, repair, storage or distribution of products or goods except for cleaning and repairing of clothing and similar personal accessories.

PERVIOUS SURFACE shall mean any material that permits full or partial absorption of storm water into previously unimproved land.

PESTICIDE shall mean any substance or mixture of sub-stance labeled, designed, or intended for use in preventing, destroying, repelling, sterilizing or mitigating any insects, rodents, nematodes, predatory animals, fungi, weeds and other forms of plant or animal life or viruses, except viruses on or in living man or other animals. The term "pesticide" shall also include any substance or mixture of substances labeled, designed or intended for use as a defoliant, desiccant, or plant regulator.

PETROLEUM PRODUCTS shall mean oil or petroleum of any kind and in any form including crude oils and derivatives of crude oils, whether alone, as sludge, oil refuse or oil mixed with other wastes.

PLACE OF WORSHIP shall mean a building or group of buildings, congregations, public worship including cathedrals, chapels, churches, meeting houses, mosques, synagogues, temples, and similarly used buildings, as well as accessory uses such as Sunday schools, social halls, parish houses, and similar type buildings.

PLANNED COMMERCIAL DEVELOPMENT shall mean an area of a minimum contiguous size as specified by this Chapter to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses or both and any residential or other uses incidental to the pre-dominant use as may be permitted by this Chapter.

PLANNED DEVELOPMENT shall mean planned unit residential development, residential cluster, or planned commercial development.

PLANNED UNIT RESIDENTIAL DEVELOPMENT shall mean an area with a specified minimum contiguous acreage to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate commercial, or public or quasi-public uses all primarily for the benefit of the residential development as may be specified in this Chapter.

PLANNING BOARD shall mean the municipal Planning Board established pursuant to N.J.S.A. 40:55A-76. The term Planning Board as used in this Chapter also means the Board of Adjustment when it is acting pursuant to N.J.S.A. 40:55D-76.

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

PLAT shall mean a map or maps of a subdivision or site plan.

PLAT, FINAL shall mean the map or maps of all or a portion of the development prepared and submitted to the approving authority for final approval. Final plat shall also include and be synonymous with the term "final site plan".

PLAT, PRELIMINARY shall mean the plat prepared and submitted to the approving authority as a part of the application for preliminary approval. Preliminary plat shall also include and be synonymous with the term "preliminary site plan".

PRELIMINARY APPROVAL shall mean the conferral of certain rights pursuant to N.J.S.A. 40:55D-46, -48, and -49 prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.

PRELIMINARY FLOOR PLANS AND ELEVATIONS shall mean architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form, its scopes, scale, relationship to its site and immediate environs and exterior colors and finishes.

PREMISES shall mean a lot or tract of land or any combination thereof held under a single ownership or control.

PRIMARY OR PRINCIPAL USE shall mean the primary or principal purpose for which a building, structure or lot is used.

PROFESSIONAL OFFICE shall mean the office of a member of a recognized profession, which shall only include the office of doctors or physicians, psychologists, dentists, optometrists, ministers, architects, professional engineers, professional planners, land surveyors, lawyers, artists, authors, attorneys, musicians, accountants, and insurance agents and real estate brokers with five (5) or fewer brokers or sale agents.

PROFESSIONAL OFFICE BUILDING shall mean a building, the occupancy of which is limited to professional offices.

PROHIBITED USE shall mean that use which is not specifically allowed or permitted in a particular zone and for which the granting of a variance of N.J.S.A. 40:55D-70D would be necessary, in order to provide that use in that particular zone.

PROJECTING SIGN shall mean a sign other than a facade sign suspended from or attached to a building or wall in a manner which is other than parallel to the said building or wall, including a sign hung under the canopy.

PUBLIC AREAS shall mean (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 DEVELOPMENT PROPOSAL shall mean a Master Plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.

PUBLIC DRAINAGE WAY shall mean the land reserved or dedicated for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation, and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen nonpoint pollution.

PUBLIC OPEN SPACE shall mean an open space area conveyed or otherwise dedicated to the Borough, a Municipal Agency, Board of Education, Federal, State, or County agency, or other public body for recreational or conservational uses.

QUORUM shall mean the majority of the full authorized membership of a Municipal Agency.

RADIOACTIVE USE shall mean any natural or artificially produced substance or combination of substances which emits radiation spontaneously.

RATIONAL METHOD shall mean a method of runoff calculation.

RECHARGE shall mean the replenishment of underground water reserves.

RECREATION AREA shall mean facilities and open space areas set aside, designed and/or improved, and used for recreation purposes, and may include, but shall not be limited to, playfields, golf courses, playgrounds, swimming pools, tennis courts, and other court games, tot lots, parks, picnic areas, nature preserves, boating and fishing areas and facilities.

RESIDENTIAL CLUSTER shall mean an area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.

RESIDENTIAL DENSITY shall mean the number of dwelling units per gross acre of residential land including areas used for streets, easements and/or open space portions of a development.

RESIDENTIAL REDEVELOPMENT shall mean a residential re-development which replaces substandard buildings with new construction in accordance with a plan approved as a conditional use by the Borough of Keansburg Planning Board.

RESTAURANT shall mean any establishment, however designated, at which food is sold for consumption on the premises, normally to patrons seated within an enclosed building. However, a snack bar at a public or community playground, playfield, park, or swimming pool operated solely by the agency or group operating the recreation facilities, and for the convenience of patrons of the facility, shall not be deemed to be a restaurant.

RESTAURANT, DRIVE-IN shall mean an establishment where the majority of the patrons purchase food, soft drinks, ice cream, and similar confections for takeout or consumption on the premises but outside the confines of the principal building, or in automobiles parked upon the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for the patrons.

RESUBDIVISION shall mean (1) the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or (2) the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or by other instrument.

RETAINING WALL shall mean a structure more than eighteen (18") inches high erected between lands of different elevation to protect structures and/or to prevent the washing down or erosion of earth from the upper slope level.

RETENTION BASIN shall mean a pond, pool or basin used for the permanent storage of water runoff.

REVETMENT shall mean a facing of stone, concrete, etc., built to protect a scarp, embankment, or shore structure against erosion by wave action or current.

RIGHT-OF-WAY shall mean a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use.

ROOMING HOUSE shall mean the same as boarding or lodging house.

SAND DUNES shall mean naturally occurring or man-made accumulations of sand in ridges or mounds landward of the beach.

SATELLITE DISH ANTENNA OR SATELLITE ANTENNA shall mean a parabolic reflector antenna which is designed for the purpose of receiving signals from and/or transmitting signals to a transmitter relay located in planetary orbit.

SCHOOL shall mean the same as Educational use.

SCREEN shall mean a structure or planting consisting of fencing, berms, and/or evergreen trees or shrubs providing a continuous view obstruction within a site or property.

SCS shall mean the Soil Conservation Service.

SEAWALL shall mean a wall or embankment to resist encroachment of the sea.

SEDIMENT shall mean solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site or origin by air, water or gravity as a product of erosion.

SEDIMENT BASIN shall mean a barrier or dam built at suitable locations to retain rock, sand, gravel, silt or other materials.

SEDIMENTATION shall mean the transport and depositing of solid material by water.

SEPTIC SYSTEM shall mean an underground system with a septic tank used for the decomposition of domestic wastes.

SEPTIC TANK shall mean a water-tight receptacle that receives the discharge of sewage.

SECONDARY USE shall mean the same as Accessory use.

SETBACK shall mean the horizontal distance between a building or structure and any front, side or rear lot line, measured perpendicular to such lot lines at the point where the building is closest to such lot lines.

SETBACK LINE (BUILDING LINE) shall mean the line beyond which a building shall not extend unless otherwise provided in this Chapter.

SEWER shall mean any pipe conduit used to collect and carry away sewage or storm water runoff from the generating source to treatment plants or receiving streams.

SHADE TREE shall mean a tree in a public place, street, special easement, or right-of-way adjoining a street.

SHAPE REQUIREMENT . See Lot shape requirement.

SHOULDER shall mean the graded part of the right-of-way that lies between the edge of the main pavement (main traveled way) and the curbline.

SIDEWALK AREA shall mean a paved path provided for pedestrian use and usually located at the side of a road within the right-of-way.

SHOPPING CENTER shall mean an integrated development of such uses as retail stores and shops, personal service establishments, professional and business offices, banks, post offices, restaurants, and auditoriums, housed in an enclosed building or buildings, utilizing such common facilities as customer parking, pedestrian walkways, truck loading and unloading space, utilities and sanitary facilities and having a minimum total floor area of twenty thousand (20,000) square feet. If more than twenty-five (25%) percent of the total floor area is occupied by a nonretail use which has off-street parking requirements greater than those required for a shopping center, then off-street parking for the center shall be the same as the required minimum for the nonretail use plus the required minimum for the balance of the shopping center floor area.

SIGHT TRIANGLE shall mean the triangular area intended to remain free of visual obstructions to prevent potential traffic hazards formed by two (2) intersecting street lines or the projection of such lines which border a corner property, and by a line connecting a point on each such line located a designated distance from the intersection of the street lines.

SIGN shall mean any writing (including letter, work or numeral), pictorial presentation (including illustration), decoration (including any material or color forming an integral part of other sign elements or used to differentiate such decoration from its background, emblem (including device, symbol or trademark), flag (including banner, balloon or pennant), or any other device, figure, logo, or similar character which:

       1. Is located and maintained as a freestanding structure or any part of a structure, or located and maintained on a building or other structure or device by being placed, installed, attached, affixed, fastened, pasted, posted, painted, printed, nailed, tacked or in any other manner thereon or thereto; and

       2. Is used to announce, direct attention to, identify or advertise; and

       3. Is visible from outside any building or structure; and

       4. Is illuminated or nonilluminated.

SIGNABLE AREA shall mean that portion of a building fronting on a public roadway or public parking facility extending from the finished grade of the building to the bottom of the lowest second (floor window sill or to a height of twenty (20') feet whichever is less, and along the entire length of the building which fronts the public street or public parking facility.

SIGN FACE shall mean the area made available by a sign structure for the purpose of displaying a message.

SIGN SETBACK shall mean the horizontal distance between a sign measured from the nearest portion of the sign, and any front, side or rear lot line.

SIGN WITH BACKING shall mean any sign that is displayed upon, against or through any material or color surface or backing that forms an integral part of such display and differentiates the total display from the background against which it is placed.

SIGN WITHOUT BACKING shall mean any word, letter, emblem, insignia, figure or similar character, or group thereof, that is neither backed by, incorporated in or otherwise made part of any larger display area.

SITE shall mean any plot, parcel or parcels of land.

SITE PLAN shall mean a development plan of one or more lots on which is shown (1) the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes, and waterways, (2) the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices, and (3) any other information that may be reasonably required in order to make an in-formed determination pursuant to the provisions of this Chapter requiring review and approval of site plans by the Planning Board adopted pursuant to N.J.S.A. 40:55D-37 et seq.

SKETCH PLAT. See Concept plan.

SOIL shall mean all unconsolidated mineral and organic material of any origin and overlies bedrock and which can be readily excavated.

SOIL CEMENT shall mean a mixture of portland cement and locally available soil. It serves as a soil stabilizer.

SOIL CONSERVATION DISTRICT shall mean the Freehold Soil Conservation District, a governmental subdivision of the State which was organized in accordance with the provisions of Chapter 24, Title 4, N.J.S.A. 4:24-2 et seq.

SOLID WASTE shall mean garbage, sludge, refuse, trash, rubbish, debris or other discarded solid materials.

STABILIZED TURF OR EARTH shall mean turf, or earth (soil), strengthened usually by the mixing of cement or lime with the original material to achieve increased strength, thereby reducing shrinkage and movement.

STANDARDS OF PERFORMANCE shall mean (1) standards, requirements, rules and regulations adopted by this Chapter pursuant to N.J.S.A. 40:55D-65(d) regulating noise levels, glare, airborne 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 municipality or (2) required by applicable Federal or State laws or municipal agencies.

STEEP SLOPES shall mean areas where the average slope exceeds eight (8%) percent which, because of this slope, are subject to high rates of storm water run-off and erosion.

STORM WATER DETENTION shall mean a provision for storage of storm water runoff and the controlled release of such runoff during and after a flood or storm.

STORM WATER RETENTION shall mean a provision for storage of storm water runoff.

STORY shall mean that portion of a building between a floor and ceiling, excluding cellars.

STORY, HALF shall mean that portion of a building under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than two (2') feet above the floor of such half-story. A basement shall also be included as a half-story.

STREAM CORRIDORS means those areas which include the floodway and permanent channel of brooks and streams.

STREET shall mean any street, highway, avenue, boulevard, road, parkway, viaduct, alley, 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 N.J.S.A. 40:55D, or (4) which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.

STREET FURNITURE shall mean man-made, above-ground items that are usually found in street rights-of-way, including benches, kiosks, plants, canopies, shelters, and phone booths.

STREET HARDWARE shall mean the mechanical and utility systems within a street right-of-way such as hydrants, manhole covers, traffic lights and signs, utility poles and lines, parking meters and the like.

STREET HIERARCHY shall mean the conceptual arrangement of streets based upon function. A hierarchical approach to street design classifies streets according to function, from high traffic arterial roads down to streets whose function is residential access. Systematizing street design into a road hierarchy promotes safety, efficient land use, and residential quality.

STREET-IMPROVED . See Improved street.

STREET LINE shall mean the line which separates the publicly owned or controlled street right-of-way from the private property which abuts upon the street; as distinct from a sidewalk line, curb line, or edge-of-pavement line. On a street or highway shown on the adopted Master Plan of the Borough of Keansburg, the street line shall be considered to be the proposed right-of-way line for the street. Where a definite right-of-way has not been established, the street line shall be assumed to be at a point twenty-five (25') feet from the center line of the existing pavement.

STREET - LOOP shall mean a street that has its only ingress and egress at two (2) points on the same subcollector or collector street.

STREET - UNIMPROVED shall mean a street that does not have an all-weather pavement. An unimproved street could be constructed of loose gravel, any type of loose stone, or generally, any type of material that is not solidified and will not repel water or maintain a stable cross-section. In the event that the Construction Official or other Borough official has any question as to whether a road is improved, unimproved, or potential drainage problems exist with regard to the issuance of a development permit, building permit or certificate of occupancy, such official shall contact the Borough Engineer for his evaluation and written determination.

STRIPPING shall mean any activity which removes or significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.

STRUCTURAL ALTERATIONS shall mean the same as Alterations.

STRUCTURE shall mean a combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land and including, among other things: display stands; fences and walls, gasoline pumps, gates and gate posts, mobile dwellings, outdoor bins, pergolas, platforms, pools, porches, reviewing stands, sales stands, signs, stadiums, staging, standpipes, tanks of any kind, tents, towers of any kind, including radio and television towers and antennae trellises. The word "structure" shall be construed as though followed by the words "or part thereof."

SUBDIVIDER shall mean any person or legal entity commencing proceedings under this Chapter to effect the subdivision of land hereunder.

SUBDIVISION shall mean the division of a lot, tract, or parcel of land into two (2) 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 act, if no new streets are created: (1) divisions of land found by the Planning Board or Sub-division Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five (5) acres or larger in size, (2) divisions of property by testamentary or intestate provisions, (3) division of property upon court order including, but not limited to, judgments of foreclosure, (4) consolidation of existing lots by deed or other recorded instrument, and (5) the conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the Administrative Officer to conform to the requirements of the development regulations contained in this Chapter for frontage on an improved street, zoning district regulations, and for design standards and improvement specifications; and further provided that each lot, tract, or parcel of land is shown and designated as separate lots, tracts, or parcels on the official tax map of the Borough. Those adjoining lots, tracts, or parcels of land shown on the official tax map of the Borough which are owned by the same person or persons but which individually do not conform to the zoning district regulations and/or which do not meet the required frontage on an improved street shall be treated under this Chapter as a single parcel of land no portion of which may be conveyed without subdivision approval as prescribed by this Chapter. The term "subdivision" shall also include the term "resubdivision."

SUBDIVISION AND SITE PLAN COMMITTEE shall mean a committee appointed by the chairperson of the Planning Board for the purpose of reviewing, commenting and making recommendations with respect to subdivision and site plan applications and having the power to approve minor site plans and subdivisions. Only those committee members who are members or alternatives of the board having jurisdiction to act have the power to vote on a matter involving a minor site plan or subdivision pursuant to N.J.S.A. 40:55D-46.1 and N.J.S.A. 40:55D-47.

SUBGRADE shall mean the natural ground lying beneath a road.

SURFACE WATERS shall mean those waters that fall on land or arise from springs and diffuse themselves over the surface of the ground following no defined course or channel.

SWIMMING POOL, COMMERCIAL shall mean a swimming pool that is operated for profit and open to the public or to a limited number of members and their guests, upon payment of an hourly, daily, weekly, monthly, annual or other fee or operated as a service rendered by a hotel, motel, or apartment development.

SWIMMING POOL, PRIVATE shall mean a swimming pool located on a single family lot with a residence on it and used as an accessory to the residence, and said pool is utilized with no admission charges and not for the purpose of profit.

SWIMMING POOL, PUBLIC shall mean the same as Swimming pool, commercial.

TIDELANDS shall mean lands which are washed by tidal flows in accordance with the N.J.D.E.P. Tideland Council maps which are on file with the N.J.D.E.P. and Borough Clerk.

TOPSOIL shall mean the original upper layer of soil material to a depth of six (6) inches which is usually darker and richer than the subsoil.

TOWNHOUSE . See Dwelling, townhouse.

TRACT shall mean an area of land consisting of one or more contiguous lots under single ownership or control, used for development or for a common purpose. Tract is interchangeable with the words, "development area," "site" and "property."

TRANSCRIPT shall mean a typed or printed verbatim record, or reproduction thereof, of the proceedings of the Municipal Agency.

TRIP shall mean a single or one-way vehicle movement to or from a property or study area. "Trips" can be added together to calculate the total number of vehicles expected to enter and leave a specific land use or site over a designated period of time.

UNIFORM CONSTRUCTION CODE shall mean the New Jersey Uniform Construction Code. N.J.S.A. 40A:12-27 (5.23-1.1 et seq.)

ULI shall mean the Urban Land Institute.

USCGS (ALSO USC&G AND USC&GS) shall mean the United States Coast and Geodetic Survey.

USE shall mean the specific purposes for which a parcel of land or a building or a portion of a building is designed, arranged, intended, occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

UTILITIES shall mean essential services including, but not limited to sewers, water, electricity, gas, and telephone, regulated by the State of New Jersey or by the Federal government.

VARIANCE shall mean permission to depart from the literal requirements of zoning regulations of this Chapter pursuant to N.J.S.A. 40:55D-40b, and N.J.S.A. 40:55D-70c and 70d.

WALL SIGN shall mean any sign which is affixed to an exterior wall of any building, not projecting more than one (1') foot beyond the building wall.

WAREHOUSE shall mean any structure designed for or utilized primarily for the storage of goods and materials. The term shall include self-storage, mini, or other form of commercial warehouse activities.

WATERCOURSE shall mean a channel or canal for the conveyance of water, particularly drainage lands.

WETLANDS (TIDAL) shall mean areas known as marshes, swamps or other lowland subject to tidal action or any area now or formerly connected to tidal waters, whose surface is at or below an elevation of one (1') foot above local extreme high water and of which vegetation unique to tidal marshes, swamps or lowlands has become adapted. This definition shall include, but is not limited to, all the mapped New Jersey State Wetlands.

WETLANDS (NON-TIDAL OR FRESHWATER) shall mean an area regulated by the New Jersey Freshwater Wetlands Act (N.J.S.A. 13:9B-1 et seq.) that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circum-stances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

WINDOW SIGNS shall mean a sign which is part of or affixed or attached to the interior or exterior of a window or otherwise part of a window and located within eighteen (18") inches of the interior of the window and which can be seen from a public street or public parking facility.

WOODED AREAS shall mean any area within a tract covered by trees, woods or forests, including closely grouped or stands of ten (10) or more mature or specimen trees of six (6") inch caliper or greater; or individual shade and specimen trees of twelve (12") inch caliper or greater; or individual ornamental trees of four (4") inch caliper or greater.

YARD shall mean an open space which lies between a principal building or building group, for the full length of the lot and the nearest lot line. A yard is to be unoccupied and unobstructed from the ground upward except as herein permitted. All yards will be identified as either front yard, side yard, or rear yard.

YARD, FRONT shall mean a yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building. The depth of the front yard shall be measured at right angles to the front line of the lot.

YARD, REAR shall mean a yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building. The depth of a rear yard shall be measured at right angles to the rear of the lot in the same manner as specified herein for the measurement of lot depth.

YARD, SIDE shall mean an open, unoccupied space between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or in the absence of either of such yards, to the front or rear lot lines as the case may be. The width of a side yard shall be measured at right angles to the side line of the lot.

ZONE shall mean the same as District.

ZONING OFFICER shall mean the municipal official designated to enforce the provisions of this Chapter.

ZONING PERMIT shall mean the same as Development permit. (Ord. #1045, §2.4; Ord. #1075, §II)

COMMERCIAL shall mean that portion of a municipality in a business development where ordinarily there are large numbers of pedestrians during business hours.

INTERMEDIATE shall mean that portion of a municipality often characterized by a moderately heavy nighttime pedestrian activity such as in blocks having libraries, community recreation centers, large apartment buildings or neighbor-hood retail stores.

RESIDENTIAL shall mean a residential development, or a mixture of residential and commercial establishments, characterized by a few pedestrians at night. This definition includes areas with single family homes, townhouses and/or small apartment buildings.

HIGH ACTIVITY shall mean major league athletic events cultural or civic events, and major region-al shopping centers.

MEDIUM ACTIVITY shall mean fast food facilities, area shopping centers, hospital parking areas, transportation parking (airports, etc.) cultural, civic or recreational events, and residential complex parking.

LOW ACTIVITY shall mean local merchant parking, industrial employee parking, educational facility parking.

TYPE A BIKEWAY shall mean a strip within or adjacent to a public roadway or shoulder, used for bicycle travel.

TYPE B BIKEWAY shall mean an improved strip identified for public bicycle travel and located away from a roadway or its adjacent sidewalk system.

MULTI-FAMILY HOUSING DEVELOPMENT shall mean a building containing three (3) or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a group of such buildings.

RECYCLING AREA shall mean space allocated for collection and storage of source separated recyclable materials. (Ord. #1150, §1)