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

ADMINISTRATIVE OFFICER The Zoning Officer of the Township or her designee, unless a different municipal official or officials is intended or designated by ordinance or statute. [Amended 3-11-2015 by Ord. No. 2015-04]

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

ADULT BOOKSTORE 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.

ADULT DAY-CARE FACILITY A day-care facility for adults licensed by the State of New Jersey Department of Health and Senior Services. [Added 12-19-2012 by Ord. No. 2012-18]

AGGRESSIVE SOILS Soils which may be corrosive to corrugated metal, concrete, asbestos cement, cast-iron and ductile iron pipe. These soils represent approximately 5% 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.

AIRPORT Any area of land or water or both, designed and set aside for the landing and taking off of fixed wing aircraft, utilized or to be utilized by the public for such purposes, publicly or privately owned and licensed by the New Jersey Commissioner of Transportation as a public use airport or landing strip, or a proposed facility for which an application has been submitted in complete form pursuant to N.J.A.C. 16:54-1.4 and which has been determined by the Commissioner as likely to be so licensed within one year of such determination. "Airport" shall not mean any facility which is owned and operated by the Port Authority of New York and New Jersey or which is located within the Port of New York District as defined in N.J.S.A. 32:1-3.

AIRPORT HAZARD

       

       A. Any use of land or water, or both, which creates a dangerous condition for persons or property in or about an airport, or

       B. Any structure or tree which obstructs the airspace required for the height of aircraft in landing or taking off at an airport.

AIRPORT SAFETY ZONE Any area of land or water, or both upon which an airport hazard might be created or established if not prevented as provided in the Air Safety and Zoning Act of 1983.

AISLE The traveled way by which cars enter and depart parking spaces.

       

ALLEY 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, a change or rearrangement in the structural supports; 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 on the same property; or changing, adding to or removing from or otherwise affecting the exterior appearance of a building or structure.

ALTERNATIVE TOWER STRUCTURE Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

AMUSEMENT ARCADE Any place of business containing more than three amusement devices.

       

AMUSEMENT DEVICE 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 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.

ANTENNA Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

APARTMENT A dwelling unit in a multifamily building.

       

APPLICANT A developer submitting an application for development or for a permit required in accordance with this chapter.

APPLICATION FOR DEVELOPMENT 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 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-1 et seq.

AREA OF SPECIAL FLOOD HAZARD The land in the floodplain within the community subject to a one-percent or greater chance of flooding in any given year.

ART GALLERY A building or portion thereof, in which sculpture, paintings, or other artistic work is displayed but not for sale.

ARTISAN/CRAFT PRODUCT MANUFACTURING A facility manufacturing and/or assembling small products primarily by hand such as jewelry, pottery, and other ceramics as well as small glass, metal art and craft products. This use may include an area for the retail sale of the items crafted on site. [Added 12-19-2012 by Ord. No. 2012-18]

ASCE American Society of Civil Engineers.

       

ASTM American Society for Testing Materials.

       

ATTIC, HABITABLE 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 7 1/3 feet above the attic floor is not more than 1/3 the area of the next floor below.

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

       

AUTOMOTIVE REPAIR GARAGE The same as motor vehicle repair garage.

       

AUTOMOBILE REPAIR SHOP The same as motor vehicle repair garage.

       

AUTOMOBILE SALES AGENCY A place of business where the primary purpose is the sale of new and used 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.

AUTOMOBILE SERVICE STATION The same as motor vehicle service station.

       

AUTOMOBILE WRECKING Any area and/or structure used or intended to be used for the conducting and operating of the business of selling, buying, storing or trading in used or discarded metal, glass, paper, cordage or any used or disabled fixtures, vehicles or equipment of any kind.

AWWA American Water Works Association.

       

BACKHAUL NETWORK The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

BARRIER CURB A steep-faced curb intended to prevent encroachments.

       

BASEMENT A story partly underground and having more than 1/2 of its cubic volume above the average level of the finished grade. A basement shall be considered a story for the purpose of determining the number of stories.

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

BELGIAN BLOCK CURB A type of solid granite paving stone generally cut in a three dimensional rectangular shape, laid with the base of the rectangle down in a bedding of 4,500 psi air-entrained concrete.

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

       

BICYCLE-COMPATIBLE ROADWAY A road designed to accommodate the shared use of the roadway by bicycles and motor vehicles.

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

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

BIKEWAY A pathway designed to be used by bikers.

BILLBOARD 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 sign is located.

BLOCK The length of a street between two street intersections.

       

BLOWOFFS A valved outlet in a pipe through which water or sediment can be discharged.

       

BOARD OF ADJUSTMENT 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 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 Any dwelling in which more than three persons unrelated by family are housed or lodged for hire, with or without meals.

BUFFER An open space 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 That central portion of any lot between required yards and/or setback lines.

       

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

BUILDING AREA The total of areas determined from outside dimensions on a horizontal plane at ground level of all enclosed and roofed spaces of the principal building and all accessory buildings.

BUILDING COVERAGE The area of a tract covered by buildings and roofed areas. Building coverage is expressed as a percentage of the total lot area. For residential dwellings only, a screened porch may be omitted as building coverage.

BUILDING, COMMUNITY A building for community service such as emergency medical or fire protection or for civic, social, educational, cultural or recreational activities of a neighborhood or community not operated primarily for monetary gain.

BUILDING HEIGHT The vertical dimension measured to the highest point of a building (subject to the exceptions in § 95-7.12) from the proposed average lot grade immediately adjacent to the building wall as shown on the grading plan of a site plan application, subdivision application, or variance application that has been approved by the appropriate municipal agency (Township Planning Board or Township Zoning Board of Adjustment) or plot plan submitted for a building permit. Such finished grade shall meet the requirements of § 95-8.3 and shall not include mounding, terracing, or other devices designed to allow increased building height. When a rear walk-out basement is proposed conforming to § 95-8.3C(4), the proposed lot grade immediately adjacent to the rear building wall shall not be included in the calculation used to determine average lot grade. [Amended 12-19-2007 by Ord. No. 07-30]

BUILDING LINE (SETBACK LINE) The line beyond which a building shall not extend unless otherwise provided in this chapter.

BUILDING MATERIALS Materials that can be arranged, united, or joined to support, frame, enclose, sheath, or be otherwise fashioned into a building or structure. Such materials include, but are not limited to, rough or dressed lumber, millwork, roofing, shingles, wallboard, molding, plywood, sheetrock, bricks, doors, windows, paneling, or concrete block.

BUILDING PERMIT 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 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.

BULK STORAGE 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, agricultural and horticultural supplies and products.

BUSINESS OFFICE 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:

       A. Insurance companies.

       B. Trade associations.

       C. Real estate companies.

       D. Investment brokerage houses.

       E. Banks and trust companies.

       F. Advertising or public relations agencies.

       G. Computer and data processing.

       H. Management and consulting services.

       

       I. Adjustment and collecting services.

       J. Consumer credit reporting agencies.

BUSINESS SUPPORT SERVICES An establishment that provides services as a principal use to other businesses such as blueprinting, copying, and quick printing services; computer-related services; and repair services for computers, electronics, and similar types of office business equipment. [Added 12-19-2012 by Ord. No. 2012-18]

CABLE TELEVISION COMPANY A cable television company as defined pursuant to Section 3 of P.L. 1972, c. 186 (N.J.S.A. 48:5A-3).

CALIPER The diameter of a tree trunk measured in inches, six inches above ground level for trees up to four inches in diameter and measured 12 inches above ground level for trees over four inches in diameter.

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

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

CAPPED SYSTEM A completed potable water supply and/or sewerage system put in place for future use, rather than to meet immediate development needs.

CARPORT 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 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 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 A story wholly or partly underground and having less than 1/2 of its cubic volume above the average level of the adjoining ground. A cellar shall not be considered a story for the purpose of determining the number of stories.

CENTER-LINE OFFSET OF ADJACENT INTERSECTIONS The gap between the center line of roads adjoining a common road from opposite or same sides.

CERTIFICATE OF COMPLETENESS 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 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 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. The 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

       

       A. Any increase in the number of dwelling units.

       B. Any change from a residential use to any nonresidential use.

       C. Any change from one nonresidential use to another nonresidential use, except that where there is a change in occupancy, or change of ownership only, no change in use will have occurred.

       D. Any change from a nonresidential use to a nonresidential use of higher intensity.

       E. Any change in use from any existing or permitted use to any conditional use.

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

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

CHILD-CARE CENTER A facility which provides care for children, licensed by the Department of Human Services pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.).

CHURCH See "place of worship."

       

CIRCULATION 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 conduits, and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or transshipment points.

CLUBHOUSE 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.

COMMERCIAL HOG FARM A farm with over 25 hogs.

COMMERCIAL PARKING FACILITY The same as "parking area, public.: Also see "garage," "public and vertical parking garage."

COMMERCIAL SHOPPING CENTER An integrated development planned, constructed, and operated as a single unit, consisting of such uses as retail stores and shops, personal service establishments, professional and business offices, banks, post offices, and auditoriums, housed in an enclosed building or buildings and utilizing such common facilities as customer parking, pedestrian walkways, truck loading and unloading space, utilities, and sanitary facilities.

COMMON DEVELOPMENT LINE 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 A lateral serving more than one unit.

       

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

COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED Any community residential facility housing up to 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 independently 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 (N.J.S.A. 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 An application for development which complies in all respects with the appropriate submission requirements set forth in this chapter, including an application form and fees and escrows 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 information or any revisions in the accompanying documents so required by the municipal agency. An application shall be certified as complete immediately upon the meeting of all requirements specified in 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 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 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 Planning Board and/or Board of Adjustment to N.J.S.A. 40:55D-70d.

CONDOMINIUM 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:

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

       B. The unit may be any permitted dwelling type.

       C. 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.

CONSERVATION EASEMENT An easement to protect and conserve natural resources, landmarks, or other significant site features, including, but not limited to, wetlands, stream corridors, specimen trees, and steep slopes. The easement must be approved by the appropriate municipal agency and incorporated into the deed for the parcel containing the easement. Provisions for the maintenance and/or dedication of an approved conservation easement shall be determined at the time of approval.

CONVENTION CENTER A use which shall contain at least 150 sleeping rooms, each having its own bathroom but no cooking facilities. Such use shall also contain meeting rooms, office and temporary office space and restaurants, and further provided that in no event shall such supporting uses (restaurants, office space, banquet facilities and meeting rooms) be less than 1/3 of the total floor area of the structure of structures comprising convention center use.

CONVENTIONAL DEVELOPMENT Development other than planned development as defined herein.

CORPORATION STOP A valve which is placed in a building's water or gas service pipe outside of the cartway near its junction with the public water or gas main. It is also known as a corporation cock.

COUNTRY CLUB A facility for golf, tennis and related recreational uses which may include a club house, restaurant, lounge, bar and incidental lodging for members or guests.

COUNTY MASTER PLAN 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 The Planning Board of the County of Monmouth as defined in N.J.S.A. 40:27-6.1.

COURT OR COURTYARD An unoccupied open space on the same lot with a building, which is bounded on three or more sides by building walls.

COURT HOMES A single family dwelling unit attached to other court homes only by garages, lanais, trellises, or fences all of which are grouped around a central motor court serving not more than five such units.

COVERAGE The same as lot coverage.

       

CRITICAL AREA Site features or characteristics having limited suitability for development or disturbance. The following shall be considered critical areas: floodways; areas of special flood hazard; wetlands and their required transition areas; slope areas where the inclination of the lands surface from the horizontal is 15% or greater over a ten-foot interval; and stream corridors.

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

CUL-DE-SAC A local street with only one outlet and having the other end for the reversal of traffic movement using a right hand tangent circular cartway.

CURB A vertical or sloping edge of a roadway. See also "Belgian block curb," "barrier curb," and "mountable curb."

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

CUSHION Supportive or protective bedding materials placed underneath piping.

       

DATA CENTER A facility intended to house data and communication equipment such as servers for computers and data processing, off-site redundant data storage for corporations, and Internet service firms. [Added 9-12-2012 by Ord. No. 2012-11]

DAY(S) Calendar day(s).

       

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

       

DAY-CARE CENTER The same as "child-care center."

       

DENSITY The permitted number of dwelling units per gross area of land to be developed.

       

DESIGN FLOOD 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 REQUIREMENTS Standards that provide direction for sound planning.

       

DETENTION BASIN A temporary water impoundment made by constructing a dam or embankment by excavating a pit or dugout to collect surface 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 and maintain or improve predevelopment water quality.

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

DEVELOPMENT The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension 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 Experiencing a disability which originates before 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 See "zoning permit." [Amended 5-25-2005 by Ord. No. 2005-16]

       

DEVELOPMENT REGULATION 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.

DIGITAL DISPLAY SIGN See "electronic sign." [Added 9-10-2014 by Ord. No. 2014-11]

       

DIGITAL SIGN See "electronic sign." [Added 9-10-2014 by Ord. No. 2014-11]

       

DISTRICT Any part of the territory of the Township which is designated as a zone on the Official Zoning Map (on file in the Township Clerk's office) and to which certain uniform regulations and requirements of this chapter apply.

DRAINAGE The removal of surface water or groundwater from land by subsurface drains, piping, conduits, structures, and culverts, 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 Any component of the drainage system.

       

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

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

DRIVE-IN RESTAURANT The same as "restaurant, drive-in."

       

DRIVEWAY 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.

DRY LINES See "capped system."

       

DWELLING Any building or portion thereof designed or used exclusively for one or more dwelling units.

DWELLING, MULTIFAMILY A building designed for, or containing three 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, MULTIPLE A building designed for, or containing three 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 UNIT 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.

DWELLING, SINGLE-FAMILY A detached building designed for or containing one dwelling unit.

DWELLING, TWO-FAMILY A detached building designed for, or containing two dwelling units, which are entirely separated from each other except for access to the outside or to a common cellar.

EASEMENT A right-of-way granted 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.

EAVE The lower border of a roof that joins or overhangs the wall.

       

EDUCATIONAL USE 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.

ELECTRONIC DISPLAY SCREEN A sign or portion of a sign, that displays an electronic image or video, which may or may not include text. Electronic display screens include television screens, plasma screens, digital screens, flat screens, LED screens, video boards, holographic displays, and/or technologies of a similar nature. [Added 9-10-2014 by Ord. No. 2014-11]

ELECTRONIC MESSAGE CENTER Any sign or portion of a sign that uses changing lights to form a sign where the graphic content of the sign is electronically programmed and can be modified by electronic processes. [Added 9-10-2014 by Ord. No. 2014-11]

ELECTRONIC SIGN A sign that can be electronically or mechanically changed by remote or automatic means and which may or may not contain an electronic display screen or an electronic message center. [Added 9-10-2014 by Ord. No. 2014-11]

ELEEMOSYNARY The giving of money and/or services to a charitable or philanthropic organization.

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

ENVIRONMENTAL CONSTRAINTS 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 STATEMENT (EIS) 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.

ENVIRONMENTALLY SENSITIVE AREAS Those areas of the Township which are particularly susceptible to environmental damage or permanent change as a consequence of land use or development. Such areas include:

       A. Local and regional aquifers (recharge and discharge areas);

       B. Hydric soils;

       C. Steep slopes;

       D. Unsewered areas unsuitable or having limited suitability for septic systems including the Navesink, Hornerstown, and Marshalltown formations;

       E. Wooded and semiwooded areas;

       F. Historic or aesthetically valuable sites;

       G. Freshwater wetlands, and wetland transition areas as defined by N.J.S.A. 13:9B-1 et seq;

       H. Stream corridors;

       I. Floodways and areas of special flood hazard;

       J. Watersheds of public water supply;

       K. Category one watersheds designated by the NJDEP;

       L. Habitats of threatened or endangered species.

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

ESCROW 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 Underground gas, electrical, telephone, telegraph, sanitary sewer collection systems, or water transmission or distribution systems, including mains, drains, sewers, pipes, conduits, cables, and normal aboveground appurtenances such as fire alarm boxes, police call boxes, light standards, poles, traffic signals, and hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by public utilities or municipal or other governmental agencies for the public health or safety or general welfare. Essential services shall not be deemed to include wireless telecommunications towers and antennas.

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

EXCAVATION WORK 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, guardrails, 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 That site plan and/or subdivision approval shall not be required prior to issuance of a development permit for the following:

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

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

       C. Individual applications for accessory mechanical or electrical equipment, whose operation and location conforms 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.

       D. 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.

       E. Construction or installation of essential services.

       F. 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.

       G. 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.

       H. Farm stands as defined in this chapter and which meet the requirements set forth in § 95-7.35.

EXEMPT LOGO A logo which occupies no greater than 20% of a sign face as authorized by these regulations.

FAA The Federal Aviation Administration.

       

FAMILY 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.

FARM See definition under § 95-7.48, Right to Farm. [Amended 10-13-2010 by Ord. No. 2010-16]

FARM BUILDING See definition under § 95-7.48, Right to Farm. [Amended 10-13-2010 by Ord. No. 2010-16]

FARM STAND See definition under § 95-7.48, Right to Farm. [Amended 10-13-2010 by Ord. No. 2010-16]

       

FCC The Federal Communications Commission.

       

FENCE 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 A fence in which 2/3 of the area, between grade level and the top cross member (wire, wood or other material), is open.

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

FINAL PLAT The final map of all or a portion of the site plan or subdivision which is presented to the Planning Board for final approval in accordance with the provisions of this chapter, State of New Jersey Map Filing Law, and when approved shall be filed with the proper county office.

FITNESS/HEALTH CLUB A facility such as a fitness center, gymnasium, health or athletic club, which provides training and/or equipment for aerobic exercise, running and jogging, game courts, and similar activities. [Added 9-12-2012 by Ord. No. 2012-11]

FLAT ROOF A roof having a continuous horizontal surface with a minimal pitch and arranged to be essentially parallel to the floor plane.

FLEX SPACE A building occupied by two or more uses permitted in the zone and/or two or more of the following uses: contractor's offices and shops; establishments for production, processing, assembly, manufacturing, compounding, preparation, cleaning, servicing, testing, or repair of materials, goods or products, provided 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; warehousing establishments, wholesale trade establishments, and offices. [Added 9-12-2012 by Ord. No. 2012-11]

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

       A. The overflow of inland waters; and/or

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

FLOOD FRINGE AREA That portion of the floodplain not designated as the floodway.

       

FLOOD INSURANCE RATE MAP (FIRM) The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and risk premium zones applicable to the community.

FLOOD INSURANCE STUDY The official report in which the Federal Insurance Administration has provided flood profiles as well as the Flood Hazard Boundary Floodway Map and the water surface elevation of the base flood.

FLOODPLAIN The relatively flat area adjoining any natural or man-made stream, pond, lake, river, or any other body of water which has been or may be hereafter covered by the floodwater.

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

FLOOR A story of a building.

       

FLOOR AREA 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 center line of walls common to two structures or uses. For the purpose of determining required parking, enclosed parking levels will not be considered floor area. In addition, the floor area of basements or cellars will be used to determine parking only where a ceiling height of seven feet or greater is used.

FLOOR AREA RATIO The sum of the area of all floors of buildings or structures compared to the total area of the site.

FLOOR AREA, SALES 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, entranceways, arcades, or other such public areas.

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

FUNERAL HOME OR MORTUARY 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 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 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 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 motor vehicles not owned by occupants of the premises shall be deemed a public garage.

GAS STATION The same as motor vehicle service station.

GENERAL DEVELOPMENT PLAN A comprehensive plan for the development of a planned development.

GEOMETRIC A shape characterized as being either a circle, a semicircle, an ellipse, a parallelogram or a trapezoid.

GOLF COURSE An area of 50 or more contiguous acres containing a full size professional golf course, at least nine holes in length, together with the necessary and usual accessory uses and structures such as, but not limited to, clubhouse 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.

GOLF COURSE RESIDENTIAL COMMUNITY (GCRC) A planned development of one or more contiguous parcels of land having a total gross land area of 350 or more acres inclusive of wetlands, flood hazard areas, stream corridors, hydric soils, and steep slope areas, under common ownership or control, which is to be developed with combined recreational and residential uses which shall provide and be limited to residential dwelling units in detached, semidetached, attached, groups of attached or clustered structures, or any combination thereof, and developed in conjunction with certain specified recreational entities including golf courses, and related golf course or country club and club house facilities, which shall be designed to maximize the preservation of recreational area, open space and the environment.

GOVERNING BODY The Township Committee of Manalapan.

       

GRADE, EXISTING 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 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 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 and other elements of the sign message.

GROSS HABITABLE FLOOR AREA The sum of the gross horizontal areas of the floor(s) of a building which are enclosed and usable for human occupancy. The areas shall be measured between the inside face of exteriors walls or from the center line of walls separating two dwelling units. The areas shall not include cellars, garage space, utility rooms, screened porches or accessory building space. For a nonresidential use in the RT Zone, it shall apply to all areas intended for human occupancy.

GROUND COVER 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 Any sign supported by either uprights affixed to the ground or supported by a base affixed to the ground.

GUTTER 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 FLOOR AREA See "gross habitable floor area."

       

HABITABLE FLOOR AREA RATIO The gross habitable floor area of a residential building compared to its lot area. The ratio is calculated by summing the gross habitable floor area of all building floors and dividing by the lot area.

HABITABLE ROOM 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 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 metallo-organic derivatives; coal tar acids, such as phenols and cresols, and their salts; petroleum products; and radioactive materials and all materials identified as such by the United States Environmental Protection Agency and the New Jersey Department of Environmental Protection.

HELISTOP An area of defined dimensions, either at ground level or elevated on a structure designated for the landing or takeoff of helicopters but not limited in use to that sole purpose. Helistops have minimal or no support facilities and may be located in multiple use areas, such as parking lots or suitable open areas.

HEALTH CARE FACILITY 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 controlled, 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.

HEIGHT When referring to a wireless telecommunications tower or other structure, the distance measured from the finished grade to the highest point on the tower or other structure, including the base pad and any antenna. (See also the definition of "building height.")

HISTORIC DISTRICT 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 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 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, barbershops, 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.

HOSPITAL 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, outpatient departments, clinics, training facilities, central service facilities and staff offices. The definition of "hospital" shall not include nursing homes, medical care centers and the like.

HOTEL A building providing a minimum of 100 rental units for overnight accommodations for hire to the traveling public. Each rental unit should contain at least one bathroom for the use of that rental unit. The rental units shall not contain cooking facilities. Twenty percent of the gross habitable floor area of the building shall be used for restaurants, recreation facilities and meeting rooms.

HOTEL, EXTENDED-STAY A building meeting the definition of "hotel" herein but which includes rental units intended and designated for the temporary extended stay of travelers who have a permanent residence elsewhere. Each rental unit for the extended stay of travelers shall have a private bathroom and cooking facilities. The building shall be operated, maintained and advertised as a hotel with extended-stay units, and it shall not be maintained, operated, used or advertised as an apartment complex or facility. The extended-stay hotel shall contain a central lobby, a hotel reception desk that is open and staffed at all times, and a restaurant. [Added 12-19-2013 by Ord. No. 2013-11]

HOUSE OF WORSHIP See "place of worship."

       

HOUSEHOLD The person or persons occupying a dwelling unit.

       

HYDRIC SOIL A soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part.

HYDROLOGIC RESPONSE The properties, distribution, and circulation of water.

       

IES Illuminating Engineering Society.

IMPERVIOUS AREA The surface area of a lot covered by buildings and structures and by accessory buildings or structures. "Impervious area" shall include all parking areas, sidewalks, walkways, patios, automobile access driveways, and/or storage areas, whether or not covered by an impervious surface, and all other impervious surfaces except as indicated on the zoning district schedule of regulations. The impervious area of a lot expressed as a percentage is equal to lot coverage.

IMPERVIOUS SURFACES A surface that has been compacted or covered with a layer of man-made or natural material so that it is highly resistant to infiltration of water.

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

IMPROVABLE AREA The area of a lot for the placement of principal buildings, off-street parking lots, and off-street loading areas which is located within the envelope delineated by the required yards, or buffers of the zone district and which is not encroached upon by any of the following features:

       A. An existing or proposed public right-of-way.

       B. An area classified as a floodway by the New Jersey Department of Environmental Protection or as an area of special flood hazard or floodway pursuant to § 113-4, Definitions, of Chapter 113, Flood Damage Prevention, of the Township Code.

       C. Wetlands or any required wetlands transition area pursuant to the New Jersey Freshwater Wetlands Protection Act (N.J.S.A. 13:9B-1 et seq.), except where construction, fill, or disturbance has been authorized pursuant to the Freshwater Wetlands Act.

       D. Slope areas where the inclination of the land's surface from the horizontal is 15% or greater for a ten-foot interval.

       E. Stream corridors.

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

IMPROVED STREET 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 Township Engineer.

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

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

INDOOR RECREATION CENTER A facility within a building, including, but not limited to, tennis and racquetball courts, fitness/health clubs, bowling alleys, accessory pro shops, snack bars, exercise, swimming or training facilities and restaurants. [Amended 12-19-2012 by Ord. No. 2012-18]

INSTRUCTIONAL AND VOCATIONAL USES Facilities providing specialized education, training or instruction to groups or individuals such as art schools, tutoring services, dance schools, gymnastics, martial arts, language schools, music schools, drama schools, business schools, and substantially similar types of uses. [Added 9-12-2012 by Ord. No. 2012-11]

INTERESTED PARTY

       

       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 A lot bounded by a street on one side only.

       

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

INTERNAL STREET OR ROAD 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, but shall meet all municipal street design standards, subject to approval by the Planning Board and by the Municipal Engineer.

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

ITE Institute of Transportation Engineers.

       

ITEM OF INFORMATION A syllable of a word, an initial, a logo, an abbreviation, a number, a symbol, or a geometric shape, provided that a name of an activity shall never be counted as containing more than four items of information regardless of the number of syllables.

JUNKYARD OR SALVAGE YARD The use of any area and/or structure for the 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 or storage of hazardous materials. The storage or other use of temporarily disabled licensed vehicles in conjunction with a motor vehicle repair garage or motor vehicle service station shall not be considered a junkyard.

KITCHEN An area used or designed to be used for the preparation of food.

       

LABORATORY, DENTAL A facility that manufactures or customizes a variety of products to assist in the provision of oral health care by a licensed dentist such as crowns, bridges, or dentures. [Added 12-19-2012 by Ord. No. 2012-18]

LABORATORY, TESTING A facility for testing, analysis and/or research such as medical labs or soils and materials testing labs. [Added 12-19-2012 by Ord. No. 2012-18]

LAKES AND PONDS 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-year storm conditions, of two acres or less. Lakes are bodies of water with a surface greater than two acres, measured under ten-year storm conditions. The shoreline of a lake or pond is measured at the perimeter of the surface of water under ten-year storm conditions, as certified by the applicant's licensed land surveyor, and approved by the Municipal Engineer.

LAND Any real property including improvements and fixtures on, above or below the surface.

       

LAND DISTURBANCE 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.

LANDMARK DISTRICT The same as "Historic District."

       

LANDMARK SITE The same as "historic site."

       

LANDSCAPE LANDSCAPING 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.

LED Light-emitting diode. [Added 9-10-2014 by Ord. No. 2014-11]

       

LED SIGN See "electronic sign." [Added 9-10-2014 by Ord. No. 2014-11]

       

LIGHT MANUFACTURING 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 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 UTILITY Any sewage authority created pursuant to the Sewerage Authorities Law, P.L. 1946, c. 138 (N.J.S.A. 40:14A-1 et seq.); any utilities created pursuant to the Municipal and County Utilities Authority Law, P.L. 1957, c. 183 (N.J.S.A. 40:14B-1 et seq.); or any utility, authority, commission, special district or other corporate entity not regulated by the Board of Regulatory Commissioners under Title 48 of the Revised Statutes that provides gas, electricity, heat, power, water, or sewer service to a municipality or the residents thereof.

LOT A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

LOT AREA The acreage and square footage of a lot contained within the lot lines of the property.

       

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

       

LOT COVERAGE The impervious area of a lot. Lot coverage is expressed as a percentage of the total lot area.

LOT DEPTH The shortest distance between the front lot line and a line parallel to the front lot line through the midpoint of the rear lot line, provided that, in triangular lots having no rear lot line, the distance shall be measured to the midpoint of a line parallel to the front lot line which shall not be less than 10 feet in length measured between its intersections with the side lot lines. On corner lots, one side lot line shall be considered a rear lot line for the purpose of determining lot depth.

LOT FRONTAGE The distance measured on a horizontal plane between the side lot lines measured along the street line. The minimum lot frontage shall not be less than the required lot frontage except that on curved alignments with an outside radius of less than 500 feet, the minimum distance between the side lot lines measured at the street line shall not be less than 70% 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 and further provided that no lot shall have a frontage less than 75 feet, unless specifically provided for by the zone district regulations. For the purpose of this chapter, only continuous uninterrupted lot lines shall be accepted as meeting the frontage requirements.

LOT INTERIOR A lot other than a corner lot.

       

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

       A. FRONT LOT LINE, INTERIOR LOT A lot line or portion thereof which is coexistent with a street line and along which the lot frontage is calculated.

       B. FRONT LOT LINE, CORNER LOT A lot line along the street or road which is most nearly parallel to that part of the building where the main entrance is located, provided however, that where this cannot be determined, the municipal agency can choose to designate the front lot line as the line running along the street named in the property's postal address, where applicable.

       C. REAR LOT LINE The lot line most distant and generally opposite and parallel to the front lot line.

       

       D. SIDE LOT LINE Any lot line other than a front or rear lot line.

LOT WIDTH The distance between the property side lines measured along the front yard setback line. Unless otherwise specified, lot width shall not be less than the minimum required lot frontage.

LOWER INCOME HOUSEHOLD A household whose income is within the current moderate or low income limits for the housing region as established by the New Jersey Council on Affordable Housing.

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

MAINTENANCE GUARANTEE Any security, which may be accepted by the Township for the maintenance of any improvements required by N.J.S.A. 40:55D-1 et seq. and this chapter, including, but not limited to, surety bonds, letters of credit, under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.

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

       

MAJOR SUBDIVISION Any subdivision not classified as a minor subdivision.

       

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

MANNING EQUATION A method for calculating the hydraulic capacity of a conduit, culvert or waterway to convey water.

MANUFACTURED HOME A structure, transportable 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 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.

MASSAGE PARLOR 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 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 The Mayor of Manalapan.

       

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

       

MEDIA PRODUCTION Facilities for motion picture, television, sound, computer, and other media communications production. [Added 12-19-2012 by Ord. No. 2012-18]

MENTALLY ILL PERSON 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.

MIGRANT FARM LABOR HOUSING FACILITIES Housing facilities for farm workers, provided that such housing facilities for transient or migratory farm workers shall be occupied only during that period of time when workers are engaged in agricultural pursuits and that the facilities for transient or migratory farm workers shall not be occupied during those periods when agricultural growing and harvesting activities are not in progress. Nothing in this section shall be deemed to permit the establishment of housing facilities for labor not engaged in activities of an agricultural nature. Housing facilities shall be located not closer than 200 feet to any property line. In no event shall such facilities be occupied more than six months in any calendar year.

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

       A. Requires site plan approval; and

       B. Meets the requirements set forth in Article XII 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

       C. Meets the following conditions:

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

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

       (3) The proposed development conforms to the performance standards set forth in Article VII.

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

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

       (6) 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.

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

MINOR SUBDIVISION A subdivision of land for the creation of not more than two lots plus the remainder of the original lot provided such subdivision does not involve a planned development, any new street, or 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:

       A. 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.

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

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

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

       E. 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).

       F. That no portion of the lands involved represent a further subdivision of an original tract of land for which one or more previous minor subdivisions have been approved by the municipal agency and the combination of the number of lots under the proposed and previously approved minor subdivision(s) would have constituted a major subdivision if filed together. The "original tract of land" shall be defined as any tract of land in existence as of November 12, 1968.

MLUL Municipal Land Use Law.

       

MOBILE HOME See "manufactured home."

       

MOTEL A hotel providing individual entrances from the exterior of the building to each unit used for overnight accommodations and providing parking spaces convenient to each individual entrance.

MOTOR VEHICLE REPAIR GARAGE 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, automobile parts, or any portion thereof, is conducted as a business for profit.

MOTOR VEHICLE SERVICE STATION 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 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.

MULTIFAMILY BUILDING Any building containing three or more dwelling units, including townhouses within a lot. Dwelling units within multifamily buildings are classified as multifamily dwellings.

MUNICIPAL AGENCY 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 N.J.S.A. 40:55D-1 et seq (Chapter 291, Laws of New Jersey 1975, as amended).

MUNICIPALITY The Township of Manalapan.

       

NEIGHBORHOOD SHOPPING CENTER An integrated development planned, constructed, and operated as a single unit consisting of retail stores and shops, personal service establishments, professional and business offices, and banks in an enclosed building or buildings and utilizing such common facilities as customer parking, pedestrian walkways, truck loading and unloading space, utilities, and sanitary facilities. A neighborhood shopping center is designed to provide convenient shopping for the general neighborhoods in which it is located without attracting regional traffic.

NFPA National Fire Protection Association.

       

NJDEP New Jersey Department of Environmental Protection.

       

NJDOT New Jersey Department of Transportation.

       

NEW CONSTRUCTION Structures for which the start of construction commenced on or after the effective date of this chapter.

NONCONFORMING LOT 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 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 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.

NONPOINT SOURCE POLLUTION 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 A school designed to provide daytime care of three or more children from two to six years of age inclusive, and operated on a regular basis.

OCCUPANCY The specific purpose for which land or a building is used, designed or maintained.

       

OCCUPANCY PERMIT The same as certificate of occupancy.

       

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

OFFICIAL MAP A map adopted by ordinance by the governing body pursuant to N.J.S.A. 40:55D-32 et seq.

OFF SITE Located outside the lot lines of the lot in question, but within the property limits (of which the lot is a part) which is the subject of a development application. Off-site areas shall include any contiguous portion of a street or right-of-way.

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

ON-SITE Located on the lot in question.

       

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

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

OPEN GREEN AREA An open space unoccupied by buildings or streets in which improvements are limited to walkways, paths, living trees and other living landscape materials.

OPEN PORCH OR STEPS A porch or steps with a fixed roof no larger than six feet wide by four feet deep and with no sidewalk other than the wall of the structure to which it is attached.

OPEN SPACE Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open 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.

OPEN SPACE RATIO The total area of open space in a development divided by the total site area of the development. Detention basins shall not be calculated as open space.

ORNAMENTAL LANDSCAPE STRUCTURE An accessory structure placed year round in a fixed location in a yard or open space to provide a decorative or ornamental element to the grounds and gardens of the principal use. Ornamental landscape structures shall include, but are not necessarily be limited to, fountains, reflecting ponds, trellis, entry posts or stanchions, lampposts, and other such structures.

OVERLAY DISTRICT OR OVERLAY ZONE See "zone overlay area."

       

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

PARKING AREA 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, landscaping, and signing.

PARKING AREA, PRIVATE 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 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 The same as "garage, public."

       

PARKING SPACE 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.

PARKING LOOP A private street with perpendicular parking.

       

PARTY IMMEDIATELY CONCERNED For purposes of notice any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under N.J.S.A. 40:55D-12.

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

PATIO HOME Two or more single-family dwellings, either attached or detached, located on individual lots, and which are functionally and architecturally connected by patio area(s).

PAVEMENT See "cartway."

       

PEEP SHOW Any establishment showing to patrons in private or semiprivate 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 Any security, which may be accepted by the municipality, including, but not limited to, surety bonds, letters of credit under circumstances specified in N.J.S.A. 40:55D-53.5 and cash.

PERSONAL SERVICES 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 Any material that permits full or partial absorption of stormwater runoff and precipitation into previously unimproved land.

PESTICIDE Any substance or mixture of substance 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 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 A building or group of buildings for public worship including cathedrals, chapels, churches, meeting houses, 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 An area of a minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses or both and any residential and other uses incidental to the predominant use as may be permitted by ordinance.

PLANNED DEVELOPMENT Planned unit development, planned residential development, residential cluster, planned commercial development or planned industrial development.

PLANNED INDUSTRIAL DEVELOPMENT An area of a minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by ordinance.

PLANNED RESIDENTIAL DEVELOPMENT The same as planned unit residential development.

PLANNED RETIREMENT COMMUNITY (PRC) One or more contiguous parcels of land having a total land area of 25 or more acres under common ownership or control which is planned for development with residential dwelling units and other structures and facilities designed and limited to occupancy by persons 55 years of age or older and children 19 years of age or over. The ownership of the residential units and an area comprising the PRC shall be in accordance with the provisions of N.J.S.A. 46:8B-1 et seq. or in fee simple in conjunction with a homeowners' association, and all sale, resale, rental leasing or occupancy of the units or any of the structures comprising the PRC shall be subject to and must comply with the terms and conditions of this chapter.

PLANNED UNIT DEVELOPMENT An area with a specified minimum contiguous acreage of 10 acres or more to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial, or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in the zoning ordinance.

PLANNED UNIT RESIDENTIAL DEVELOPMENT An area with a specified minimum contiguous acreage of five acres or more 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.

PLANNING BOARD The municipal Planning Board established pursuant to N.J.S.A. 40:55D-23. 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 The licensed New Jersey professional engineer specifically retained by the Planning Board 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 a Planning Board Engineer, the Municipal Engineer may assume the duties of the office.

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

       

PLAT, FINAL 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 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 The conferral of certain rights pursuant to N.J.S.A. 40:55D-46, 40:55D-48, and 40:55D-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 Architectural drawings prepared by a New Jersey registered architect during early and introductory stages of the design of a project illustrating in a schematic form, its scope, scale, relationship to its site and immediate environs and exterior colors and finishes.

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

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

PRIVATE ACCESS EASEMENT An area of land within a lot or lots having specific dimensions and metes and bounds, which shall be a part of the area of a lot or lots to which same provides a means of access. Such private access easements when approved according to law shall be recorded.

PRIVATE STREET An area of land having specific dimensions and metes and bounds, which area may be a part or separate part of a lot or lots to which same provides a means of access. Such private street(s) when approved according to law shall be recorded.

PROFESSIONAL OFFICE 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 or fewer brokers or sales agents. An animal hospital or veterinarian's office shall not be considered a professional office for the purpose of this chapter.

PROFESSIONAL OFFICE BUILDING A building, the occupancy of which is limited to professional offices.

PROHIBITED USE 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 A sign, other than a wall sign, suspended from or attached to a building or wall in a manner which is other than parallel to the building or wall, including a sign hung under the canopy.

PUBLIC AREAS

       

       A. Public parks, playgrounds, open space, trails, paths and other recreational areas;

       B. Other public open spaces;

       C. Scenic and historic sites; and

       D. Sites for schools and other public buildings and structures.

PUBLIC DEVELOPMENT PROPOSAL A master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.

PUBLIC DRAINAGEWAY The land reserved or dedicated for the installation of stormwater' sewers or drainage ditches, or required along a natural stream or watercourse for preserving the 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 An open space area conveyed or otherwise dedicated to the Township, a municipal agency, Board of Education, federal, state, or county agency, or other public body for recreational or conservational uses.

PUBLIC UTILITY Any public utility regulated by the Board of Regulatory Commissioners and defined pursuant to N.J.S.A. 40:2-13.

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

       

RADIOACTIVE USE Any natural or artificially produced substance or combination of substances which emits radiation spontaneously.

RATIONAL METHOD A method of runoff calculation.

       

REAR WALL SIGN A wall sign which is affixed to any exterior wall of any building where such wall does not front a public street but contains a means of public pedestrian access into the building.

RECHARGE The replenishment of underground water reserves.

       

RECREATION AREA 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.

RECREATIONAL VEHICLE A vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are travel trailer, camping trailer, truck camper, and motor home.

RECTANGULAR A four sided plane figure with four right angles.

       

RENEWABLE ENERGY/SMALL ENERGY SYSTEMS Facilities for the production of solar energy or wind energy. [Added 12-19-2012 by Ord. No. 2012-18]

RESIDENTIAL CLUSTER 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 as an appurtenance.

RESIDENTIAL DENSITY, GROSS 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 DENSITY, NET The resulting number of dwelling units which may be or are developed on a site or lot after public access and required open spaces are provided.

RESIDENTIAL FLAT A dwelling unit on one floor of a multifamily building.

RESIDENTIAL SPORTS COURT A yard space that has been prepared and improved with a playing surface designed to serve as a multipurpose recreational structure that accommodates yard games and outdoor recreation equipment and activities and which is accessory to a residential dwelling.

RESTAURANT 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, CATEGORY ONE A restaurant which is designed for and whose primary function and operation is the preparation and service by employees of meals to a customer or customers seated at the table at which the meal is consumed. A category one restaurant operates without substantial carry-out service; with no delivery service; with no drive-through, drive-in, or service in vehicles; and without service at counters or bars unless the restaurant is licensed to serve alcoholic beverages.

RESTAURANT, CATEGORY TWO A restaurant whose primary function is the preparation and service by employees of food or drink to customers as part of an operation which may be designed with carry-out service; delivery service; self-service; or on-premises consumption, except that no drive-in, drive-through, or service in vehicles is permitted.

RESTAURANT, CATEGORY THREE A restaurant whose primary function is the preparation and service by employees of food or drink to customers as part of an operation which may be designed with carry-out service; delivery service; self-service; on-premises consumption; or customer pickup service utilizing a vehicular drive-through.

RESTAURANT, DRIVE-IN 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

       

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

       B. The alteration of any streets or the establishment of any new 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 so long as only one use exists on the combined lot.

RETAIL Relating to the sale of goods in small quantities to ultimate consumers for personal or household consumption and not bulk sale of goods to customers engaged in the business of reselling goods. A retail use is open to the general public and its patronage is not restricted by a membership requirement.

RETAIL STACK STORAGE A retail use that stocks an inventory of goods in large quantities for the purpose of selling retail from a building in which the goods are held and which utilizes warehouse stack storage techniques on the sales floor area. A retail stack storage use is open to the general public and its patronage is not restricted by a membership requirement.

RETAINING WALL A structure more than 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 A pond, pool or basin used for the permanent storage of stormwater runoff.

       

REVETMENT 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 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 The same as "boarding or lodging house."

       

SATELLITE DISH ANTENNA OR SATELLITE ANTENNA 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 The same as educational use.

       

SCREEN 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 Soil Conservation Service.

       

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

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

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

SEPTIC SYSTEM An underground system with a septic tank and piping used for the decomposition of domestic wastes and subsurface disposal septic tank effluent.

SEPTIC TANK A watertight receptacle that receives the discharge of sewage.

SECONDARY USE The same as "accessory use."

       

SETBACK 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) The line beyond which a building shall not extend unless otherwise provided in this chapter.

SEWER Any pipe conduit used to collect and carry away sewage or stormwater runoff from the generating source to treatment plants or receiving streams.

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

       

SHAPE REQUIREMENT See "lot shape requirement."

       

SHOULDER 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 A paved path provided for pedestrian use and usually located at the side of a road within the right-of-way.

SIGHT TRIANGLE The triangular area intended to remain free of visual obstructions to prevent potential traffic hazards formed by two 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 right-of-way lines.

SIGN Any writing (including letter, word 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:

       A. 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

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

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

       D. Is illuminated or nonilluminated.

SIGNABLE AREA That portion of a building fronting on a public roadway or public parking facility, free of any projection, relief, cornice, column, change of building material, window or door opening extending from the finished grade of the building to the bottom of the lowest second floor window sill or to a height of 20 feet, whichever is less, and along the entire length of the building which fronts the public street or public parking facility.

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

       

SIGN SETBACK 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 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 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 Any plot, parcel or parcels of land.

       

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

       

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

       B. 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

       C. Any other information that may be reasonably required in order to make an informed 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 All unconsolidated mineral and organic material of any origin which overlies bedrock and which can be readily excavated.

SOIL CONSERVATION DISTRICT 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.

SOIL EROSION AND SEDIMENT CONTROL PLAN 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.

SOLID WASTE Garbage, sludge, refuse, trash, rubbish, debris or other discarded solid materials.

STABILIZED TURF OR EARTH 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.

STANDARD SPECIFICATIONS The Standard Specifications for Road and Bridge Construction as promulgated and revised by the New Jersey Department of Transportation.

STANDARDS OF PERFORMANCE

       

       A. 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 municipal; or

       B. Required by applicable federal or state laws or municipal agencies.

STATE DEVELOPMENT AND REDEVELOPMENT PLAN The plan established pursuant to P.L. 1985, c. 398, designed for use as a tool for assessing suitable locations for infrastructure, housing, economic growth and conservation in the State of New Jersey.

STATE PLANNING COMMISSION The commission established pursuant to P.L. 1985, c. 398.

       

STEEP SLOPES Areas where the average slope exceeds 15% at ten-foot intervals which, because of this slope, are subject to high rates of stormwater runoff and erosion.

STORMWATER DETENTION A provision for storage of stormwater runoff and the controlled release of such runoff during and after a flood or storm.

STORMWATER RETENTION A provision for storage of stormwater runoff.

       

STORY That portion of a building between a floor and ceiling, excluding cellars.

       

STORY, HALF That portion of a building under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such half-story.

STREAM Any pond or lake or perennial or intermittent waterway depicted on any of the following: the most recent United States Geological Survey 7.5 minute topographic map quadrangles; the Monmouth County Soils Report prepared by the U.S. Soil Conservation Service; the Natural Resource Inventory for the Township of Manalapan. [Added 9-18-2002 by Ord. No. 02-24]

STREAM CORRIDORS The stream channel (the bed and banks of a stream that confine and conduct continuously or intermittently flowing water or the bed and banks of a pond or lake), the area within the one-hundred-year floodline, and the stream corridor buffer. Where no one-hundred-year floodline has been delineated, the stream corridor shall consist of the stream channel and stream corridor buffer area. [Added 9-18-2002 by Ord. No. 02-24]

STREAM CORRIDOR BUFFER An area extending a minimum of 75 feet and an average distance of 100 feet from the one-hundred-year floodline or from the boundary of the flood hazard overlay district established pursuant to § 95-5.6B of this chapter. If there is no one-hundred-year floodline delineated, the distance shall be measured outward from the bank of the stream channel, lake, or pond. If slopes greater than 10%, or wetlands, or wetland transition areas abut the outer boundary of the stream corridor, the area of such slopes, wetlands and wetland transition areas shall also be included within the boundaries of the stream corridor buffer area. [Added 9-18-2002 by Ord. No. 02-24]

STREET Any street, highway, avenue, boulevard, road, parkway, viaduct, alley, drive, or other way:

       A. Which is an existing state, county or municipal roadway; or

       B. Which is shown upon a plat heretofore approved pursuant to law; or

       C. Which is approved by official action as provided by N.J.S.A. 40:55D-1 et seq.; or

       D. 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, ARTERIAL Roadways with a high volume of traffic flow. Arterial street may include state and county roadways.

STREET, COLLECTOR Any street that collects traffic from local streets and channels it onto the system of arterial streets.

STREET, RESIDENTIAL ACCESS A local street providing access to residential lots.

       

STREET FURNITURE Man-made, aboveground items that are usually found in street rights-of-way, including benches, kiosks, plants, canopies, shelters, and phone booths.

STREET HARDWARE 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 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 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 Township of Manalapan, 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 25 feet from the center line of the existing pavement.

STREET, LOCAL Any street that provides access to lots and carries traffic having a destination or origin on the street itself.

STREET, LOOP A street that has its only ingress and egress at two points on the same subcollector or collector street.

STREET, UNIMPROVED 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 under all weather conditions. In the event that the Construction Official or other Township 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 Township Engineer for his evaluation and written determination.

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

STRUCTURAL ALTERATIONS The same as "alterations."

       

STRUCTURE A combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.

SUBDIVIDER Any person or legal entity commencing proceedings under this chapter to effect the subdivision of land hereunder.

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

       A. Divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size;

       B. Divisions of property by testamentary or intestate provisions;

       C. Division of property upon court order including, but not limited to, judgments of foreclosure;

       D. Consolidation of existing lots by deed or other recorded instrument; and

       E. The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the Zoning 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 Township. Those adjoining lots, tracts, or parcels of land shown on the official Tax Map of the Township 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 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.

SUBGRADE The natural ground lying beneath a road.

       

SURFACE WATERS 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 See "swimming pool, public."

       

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

SWIMMING POOL, PUBLIC A swimming pool that is open to the public or to a limited number of members and their guests or operated as a service rendered by a hotel, motel, or apartment or planned residential development.

TOPSOIL The original upper layer of soil material to a depth of six inches which is usually darker and richer than the subsoil.

TOWER See "wireless telecommunications tower."

       

TOWNHOUSE COMPLEX An integrated scheme of townhouse dwelling structures and common lands or facilities.

TOWNHOUSE DWELLING STRUCTURE A structure containing two or more townhouse dwelling units.

TOWNHOUSE DWELLING UNIT A dwelling unit occupied by a single family, which unit is attached to another by a common bearing structural element, together with perpetual access and use of the open space designed as an integral part of each unit provided either by fee simple ownership, owners' association or other means ensuring perpetual access and use, and having been constructed in conformity with applicable rules, regulations and ordinances of the Township of Manalapan.

TOWNHOUSE LOT A parcel of land created by master deed in accordance with N.J.S.A. 46:8A-1 et seq. (Horizontal Property Act).

       

TRACT 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.

TRAILER COACH A vehicle used or so constructed as to permit its being used as a licensed conveyance upon the public streets or highways and constructed in such a manner as will permit its occupancy as a place of day-to-day habitation for one or more persons. This term shall also include automobile trailers and house trailers; however, travel trailers which are under eight feet in width and under 25 feet in length and are not used for purposes of day-to-day habitation shall not be included.

TRANSCRIPT A typed or printed verbatim record, or reproduction thereof, of the proceedings of the municipal agency.

TRANSITION AREA An area of land adjacent to a freshwater wetland which minimizes adverse impacts on the wetland or serves as an integral component of the wetlands ecosystem and which is regulated pursuant to N.J.S.A. 13:9B-1 et seq.

TRIP 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 The New Jersey Uniform Construction Code, N.J.S.A. 40A:12-27 (N.J.A.C. 5.23-1.1 et seq.).

ULI Urban Land Institute.

       

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

       

USE 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.

USABLE BUILDING AREA The sum of the gross horizontal area of each floor of a nonresidential building exclusive of the following: major vertical penetrations (such as stairwells and elevator shafts); floor space used for mechanical equipment needed in the operation of the building; cellar, basement, or attic space not intended for human occupancy and having a clear standing headroom of seven feet or less; and architectural amenities such as atrium or lobby space or common spaces designed for the public convenience such as covered walkways or colonnades.

UTILITIES Essential services including, but not limited to sanitary and storm sewers, water, electricity, gas, cable television and telephone, regulated by the Board of Public Utility Commissioners.

VARIANCE Permission to depart from the literal requirements of zoning regulations of this chapter pursuant to N.J.S.A. 40:55D-40b, N.J.S.A. 40:55D-60 and N.J.S.A. 40:55D-70c and 40:55D-70d.

       

WALL SIGN Any sign which is affixed to an exterior wall of any building, not projecting more than one foot beyond the building wall.

WAREHOUSE 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 Channel, brook, stream, river or canal for the conveyance of water, particularly drainage lands.

WETLANDS (NONTIDAL OR FRESHWATER) 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 circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

WHOLESALE The sale of goods primarily to customers engaged in the business of reselling the goods.

WINDOW SIGN 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 18 inches of the interior of the window and which can be seen from a public street or public parking facility.

WIRELESS TELECOMMUNICATIONS TOWER Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.

WOODED AREA An area of contiguous wooded vegetation where trees are at a density of at least one six-inch or greater caliper tree per 325 square feet of land and where the branches and leaves form a contiguous canopy.

WOODED AREA MATURE A wooded area where 30% or more of the trees have a sixteen-inch caliper or greater.

YARD The space which lies between a principal building or structure and the nearest lot line. A yard is to be unoccupied and unobstructed from the ground upward except as herein permitted. Yards will be identified as either front yard, side yard, or rear yard.

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

YARD, REAR A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of a building or structure. The depth of a rear yard shall be measured between the rear line of the lot or the entire line of the alley, if there is an alley, and the rear line of the building.

YARD, SIDE An open, unoccupied space between the side line of the lot and the nearest line of a 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 The same as district.

       

ZONE OVERLAY AREA, OVERLAY DISTRICT OR OVERLAY ZONE An area designated by the Zoning Ordinance of the Township which covers a portion of, or all of, one or more underlying zone districts. Within a zone overlay area, development is subject to the control of certain additional uniform regulations and requirements which supplement the underlying zone requirements and standards.

ZONING OFFICER The municipal official designated to enforce the provisions of this chapter.

       

ZONING PERMIT A document signed by the Zoning Officer: [Amended 5-25-2005 by Ord. No. 2005-16]

       A. 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

       B. Which acknowledges that such use, structure or building complies with the provisions of this chapter or variance therefrom duly authorized by a municipal agency.

COMMERCIAL AGRICULTURE The production principally for sale to others of plants and animals or their products, including, but not limited to, forage and sod crops, grain and feed crops, dairy animals and dairy products, livestock, including beef cattle, poultry, sheep, horses, ponies, mules and goats; the breeding and grazing of such animals, bees and apiary products, fruits of all kinds, including grapes, nuts and berries, vegetables, nursery, floral, ornamental and greenhouse products.

FARM Any parcel of land of a minimum of five acres in size which is used for gain in the raising of agricultural products, horticultural products, or livestock and which is enrolled in the farmland assessment program, including but not limited to landscape nurseries or greenhouses; horse stables or arenas and the production of dairy products. [Amended 10-13-2010 by Ord. No. 2010-16]

FARM BUILDING Any building used for the housing of agricultural equipment, produce, livestock, or poultry or for the incidental customary processing of farm products and provided that such building is located on or operated in conjunction with and necessary to the operation of a farm as defined by this chapter. [Added 10-13-2010 by Ord. No. 2010-16]

FARM STAND An establishment consisting of a stand, structure or building, with a total gross floor area not exceeding 900 square feet located on a farm and from which is offered for retail sale to the general public farm produce for human consumption, flowers or plants, no more than 10% of which is grown outside the State of New Jersey. [Added 10-13-2010 by Ord. No. 2010-16]

HOME AGRICULTURE The production principally for home use or consumption of plants, animals or their products and for sale to others where such sales are incidental, including, but not limited to gardening, fruit production and poultry and livestock products for household use only.

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

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

COMPACTION The increase in soil bulk density.

       

CORE A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.

COUNTY REVIEW AGENCY An agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:

       (a) A county planning agency; or

       (b) A county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.

DEPARTMENT The New Jersey Department of Environmental Protection.

       

DESIGNATED CENTER A State Development and Redevelopment Plan Center as designated by the State Planning Commission, such as urban, regional, town, village, or hamlet.

DESIGN ENGINEER A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.

DEVELOPMENT The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure; any mining excavation or landfill; and any use or change in the use of any building or other structure, or land or extension of use of land, by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural lands, development means: any activity that requires a state permit; any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.

DRAINAGE AREA A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.

ENVIRONMENTALLY CRITICAL AREAS An area or feature which is of significant environmental value, including but not limited to: stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and wellhead protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.

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

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

       

IMPERVIOUS SURFACE A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.

INFILTRATION The process by which water seeps into the soil from precipitation.

       

MAJOR DEVELOPMENT Any development that provides for ultimately disturbing one or more acres of land or increasing the impervious coverage by more than 1/4 acre. "Disturbance" for the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation.

MUNICIPALITY Any city, borough, town, township, or village.

       

NODE An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.

NUTRIENT A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.

PERSON Any individual, corporation, company, partnership, firm, association, the Township of Manalapan, or political subdivision of this state subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

POLLUTANT Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.), thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the state, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.

RECHARGE The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.

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

SITE The lot or lots upon which a major development is to occur or has occurred.

       

SOIL All unconsolidated mineral and organic material of any origin.

       

STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1) An area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the state's future redevelopment and revitalization efforts.

STATE PLAN POLICY MAP The geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.

STORMWATER Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.

STORMWATER RUNOFF Water flow on the surface of the ground or in storm sewers, resulting from precipitation.

STORMWATER MANAGEMENT BASIN An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).

STORMWATER MANAGEMENT MEASURE Any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.

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

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

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

URBAN REDEVELOPMENT AREA Previously developed portions of areas:

       

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

       (b) Designated as CAFRA Centers, Cores or Nodes;

       (c) Designated as Urban Enterprise Zones; and

       (d) Designated as Urban Coordinating Council Empowerment Neighborhoods.

WATERS OF THE STATE The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

WETLANDS OR WETLAND An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

APPLICATION CHECKLIST The list of submission requirements adopted by ordinance and provided by the municipal agency to a developer pursuant to N.J.S.A. 40:55D-10.3.

       

CONTRIBUTION Every loan, gift, subscription, advance or transfer of money or other thing of value, including any item of real property or personal property, tangible or intangible (but not including services provided without compensation by individuals volunteering a part or all of their time on behalf of a candidate, committee or organization), made to or on behalf of any candidate, candidate committee, joint candidates committee, political committee, continuing political committee or political party committee and any pledge, promise or other commitment or assumption of liability to make such transfer. For purposes of reports required under the provisions of this section, any such commitment or assumption shall be deemed to have been a contribution upon the date when such commitment is made or liability assumed.

CONTRIBUTION DISCLOSURE STATEMENT A list specifying the amount, date, and the recipient of any and all contributions made to or on behalf of any candidate, candidate committee, joint candidates committee, political committee, continuing political committee or political party committee of, or pertaining to, this municipality, made up to one year prior to filing the variance application and/or during the pendency of the application process, and required to be reported pursuant to N.J.S.A. 19:44A-1 et seq.

DEVELOPER A developer as defined by N.J.S.A. 40:55D-4, i.e., 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.

PROFESSIONAL Any person or entity whose principals are required to be licensed by New Jersey law and who supplies legal representation, expert testimony or written reports in support of an application. Professionals shall include both any individuals supplying the representation, testimonies or reports and the firms or entities in which said individuals practice.

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

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

       

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

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

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

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

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

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

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

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

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

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

AGE-RESTRICTED UNIT A housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that all the residents of the development where the unit is situated are 62 years or older; or at least 80% of the units are occupied by one person that is 55 years or older; or the development has been designated by the Secretary of the U.S. Department of Housing and Urban Development as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.

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

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

COAH The Council on Affordable Housing, which is in, but not of, the Department of Community Affairs of the State of New Jersey, that was established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).

DCA The State of New Jersey Department of Community Affairs.

       

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

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

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

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

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

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

       

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

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

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

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

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

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

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

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

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

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

       

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

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

       

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

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

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

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

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

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

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

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

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