Wherever a term is defined in N.J.S.A. 40:55D-1 et seq., the Municipal Land Use Law, and/or in N.J.S.A. 52:27D-119 et seq., the Uniform Construction Code, and used in this Article, such term is intended to include and have the meaning set forth in the definition of such term found in said Statute and Code in addition to the definition for such term which may be included in this Article, unless the context clearly indicates a different meaning.
For the purpose of this Chapter, certain terms or words used herein shall be interpreted or defined as follows:
Words used in the present tense include the future; the singular number includes the plural and the plural, the singular; the word "lot" includes the word "structure"; the word "zone" includes the word "district"; the word "occupied" includes the word "designed" and the phrase "intended to be occupied"; the word "shall" is mandatory and not directory; the word "may" indicates a permissive action; the word "abut" shall include the words "directly across from," "adjacent" and "next to"; and the word "used" shall include "arranged," "designed," "constructed," "altered," "converted," "rented," "leased" or "intended to be used"; the term "such as," where used herein, shall be considered as introducing typical or illustrative, rather than an entirely exclusive or inclusive, designation of, permitted or prohibited uses, activities, establishments or structures.
Words or word groups which are not defined below shall have the meaning set forth in the Municipal Land Use Law or as given in Webster's Unabridged Dictionary.
[Ord. No. 2005-2815; Ord. No. 2009-2989 § 1]
Certain words, phrases, and terms in this Chapter are defined for the purpose herein as follows:
ACCESSORY DWELLING A dwelling located on the same lot as a principal dwelling and used only for the housing of domestic employees and their families.
ACCESSORY USE BUILDING OR STRUCTURE A subordinate use building or structure, the purpose of which is incidental to that of a principal use building or structure on the same lot. Any structure or building containing living space shall never be considered an accessory building.
ADMINISTRATIVE OFFICER For all matters before the Township Committee, the Township Clerk. For all matters pursuant to sections pertaining to applications, minutes and other administrative matters, the Administrative Officer shall be the Secretary of the Planning Board in matters involving the Planning Board and the Secretary of the Board of Adjustment in matters involving the Board of Adjustment. In matters involving Section-16-303D pertaining to issuance of the official list of adjacent property owners for required notices, the Administrative Officer shall be the Tax Assessor. In matters involving Section 16-305 pertaining to records maintenance, the Administrative Officer shall be the Secretary of the Planning Board in matters involving the Planning Board, the Secretary of the Board of Adjustment in matters involving the Board of Adjustment, and the Zoning Officer in matters involving the issuance of a development permit or action taken pursuant to complaints regarding the enforcement of this Chapter. In matters involving Sections 16-304A, 16-306, 16-402, 16-528A.4, 16-528B and 16-529 pertaining to issuance of a permit or enforcement of this Chapter, the Administrative Officer shall be the Zoning Officer. In matters involving Sections 16-304B, 16-312, 16-404A, 16-404B, 16-404C, 16-404G.1, 16-405A, 16-406A, 16-406D, 16-406E, 16-408A, 16-408D, 16-408E, 16-409A, 16-409D, 16-409E, 16-410A, 16-410D, 16-410F, 16-411A, 16-412A, 16-414 and 16-415 pertaining to review of applications for completeness and for compliance, the Administrative Officer shall be the Township Planner. If no person holds the position of Township Planner, then the Township Administrator or such other person as the Township Committee may designate shall act as the Administrative Officer.
ADULT ENTERTAINMENT ESTABLISHMENT An establishment devoted primarily to the sale, rental, distribution or showing of materials of a sexually explicit nature. No one under the age of eighteen (18) shall be admitted to such an establishment. For the purpose of this provision, primarily means where more than forty (40%) percent of the gross floor area of any establishment is devoted to such use. Includes the term Adult book store peep show. This definition shall also apply to adult oriented nightclubs such as Go Go Bars where live exotic dancing is performed for patrons whether or not alcoholic beverages are provided.
ADVISORY BASE FLOOD ELEVATION (ABFE) The elevation shown on a community's Advisory Flood Hazard Map that indicates the advisory stillwater elevation plus wave effect (ABFE = SWEL + wave effect) resulting from a flood that has a one (1%) percent or greater chance of being equaled or exceeded in any given year. [Ord. No. 2013-3082 § 1]
ADVISORY FLOOD HAZARD AREA (AFHA) The land in the floodplain within a community subject to flooding from the one (1%) percent annual chance event depicted on the Advisory Flood Hazard Map. [Ord. No. 2013-3082 § 1]
ADVISORY FLOOD HAZARD MAP The official map on which the Federal Emergency Management Administration has delineated the areas of advisory flood hazards applicable to the community. [Ord. No. 2013-3082 § 1]
AFFORDABLE HOUSING Housing which is subject to the restrictions as to sales or rental price and occupancy set forth in Section 16-531 of this Chapter such that the dwelling will be available for purchase or rent by and occupied by low or moderate income households and will qualify as an affordable housing unit under the regulations of the New Jersey Council on Affordable Housing.
ALTERATIONS As applied to a building or structure, means 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; or changing, adding to or removing from or otherwise affecting the exterior appearance of a building or structure.
AMUSEMENT ARCADE Any place of business containing more than three (3) 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, but not be limited to such devices as "Pac-Man" or other types of electronically operated game devices, skill ball, mechanical games operations or transactions similar thereto, by whatever name they may be called and shall not include pool or billiard tables.
APPEAL A request for a review of the Zoning Officer's interpretation of any provision of this Chapter or a request for a variance. [Ord. No. 2009-2989 § 1]
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, fees and deposits required by Ordinance for approval of "development," including but not limited to 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, that has been issued a Certificate of Completeness by the appropriate Administrative Officer. An "Application for Development" shall also mean the completed application form and all accompanying documents, fees and deposits required by Ordinance for approval of "exempt development" as defined and regulated herein. [Ord. No. 2011-3029 § 1]
APPROVING AUTHORITY Either the Township Planning Board, Zoning Board of Adjustment or Governing Body.
AREA OF SHALLOW FLOODING A designation AO, AH, or VO Zone on a community's Digital Flood Insurance Rate Map (DFIRM) with a one (1%) percent annual or greater chance of flooding to an average depth of one (1') to three (3') feet; where a clearly defined channel does not exist; where the path of flooding is unpredictable; and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. [Ord. No. 2009-2989 § 1]
AREA OF SPECIAL FLOOD HAZARD The land in the floodplain within a community subject to a one (1%) percent or greater chance of flooding in any given year. [Ord. No. 2009-2989 § 1]
AREAS OF SPECIAL FLOOD RELATED EROSION HAZARD The land within a community which is most likely to be subject to severe flood related erosion losses. After a detailed evaluation, the special flood related erosion hazard area will be designated a Zone E on the Flood Insurance Rate Map. [Ord. No. 2009-2989 § 1]
ART GALLERY A building or portion thereof, in which sculpture, paintings, or other artistic work is displayed and where sales of said artistic work may or may not be offered for sale.
ARTERIAL STREET OR ROAD A roadway so designated on the circulation plan of the Master Plan.
ASSISTED LIVING A facility which is licensed and meets the provisions in the publication entitled "Standards for Licensure of Assisted Living Residences and Comprehensive Personal Care Homes" by the N.J. Department of Health and Senior Services and provides apartment style housing and congregate dining with supportive services to adult persons unrelated to the proprietor. In determining maximum building density for zoning compliance, assisted living facilities shall be governed by a floor area ratio (FAR) and not dwelling unit density. [Ord. No. 98-2529]
AUCTION MARKET Any premises on which are held at periodic times, auction sales of merchandise or any other personal property.
AUTOMOBILE REPAIR Any building, lot or portion thereof, in which or upon which a business or service involving the maintenance, servicing, repair of vehicles, including auto detailing is conducted or rendered. Does not include auto body work or painting of automobiles.
AUTOMOBILE SALES AGENCY A place of business where the primary purpose is the sale of new and/or 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."
BAR An establishment open to the general public in which the primary activity involves the serving and consumption of alcoholic beverages and in which live entertainment is not permitted to occur more than two (2) nights per week.
BASE FLOOD The flood having a one (1%) percent chance of being equaled or exceeded in any given year. [Ord. No. 2009-2989 § 1]
BASE FLOOD ELEVATION The elevation, based on mean sea level, of a flood that has a one (1%) percent or greater chance of occurrence in any given year as established by the Federal Insurance Administration of the Department of Housing and Urban Development and as shown on the Digital Flood Insurance Rate Maps (DFIRM) of the Federal Insurance Administration. [Ord. No. 2009-2989 § 1]
BASEMENT A story partly underground and having up to three-quarters (3/4) of its height above the average level of the finished grade. No portion of a basement which is more than one-quarter (1/4) exposed either horizontally or vertically shall be permitted to face the street which adjoins the front yard. In the case of a dwelling constructed and/or located within the 100-year floodplain, where elevation above the base flood elevation is required, basement areas shall in no case account towards the floor area ratio limit. With respect to structures within areas of special flood hazard, basement means any area of the building having its floor subgrade (below ground level) on all sides. [Ord. No. 2000-2589; Ord. No. 2009-2989 § 1]
BEACH Any gently sloping unvegetated area of sand or other unconsolidated material that extends landward from the mean high water line to either: (1) the vegetation line, (2) a man-made feature generally parallel to the ocean, inlet, or bay waters such as a retaining structure, seawall, bulkhead, road or boardwalk, except that sandy areas that extend fully under and landward of an elevated boardwalk are considered to be beach areas, or (3) the seaward or bayward foot of dunes, whichever is closest to the bay, inlet or ocean waters. Beaches can be found on all tidal shorelines, including ocean, bay and river shorelines.
BED AND BREAKFAST A house or part thereof, where short term lodging is available and where meals are provided in a common eating area. The owner or operator must live either in or adjacent to the premises.
BEDROOM A room or portion of a structure with the principal function of serving as sleeping quarters.
BILLBOARD A structure utilized for advertising an establishment, an activity, a product, a service, entertainment, or a message which is sold, produced, manufactured, available or furnished at a place other than on the property on which the said structure is located.
BLOCK The length of a street between two (2) street intersections.
BOARD OF ADJUSTMENT The Board established pursuant to N.J.S.A. 40:55D-69 and Section 16-302 of 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. 55D-60.
BOARD OF ADJUSTMENT ENGINEER The licensed New Jersey Professional Engineer specifically retained by the Board of Adjustment (or assigned by the Township 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 Township Engineer may assume the duties of the office.
BOARDING OR LODGING HOUSE Any dwelling for hire in which more than two (2) persons are housed or lodged, with or without meals. This definition notwithstanding, a Certificate of Occupancy issued by the Department of Inspections is required for any dwelling for hire.
BOAT YARD Any facility where docking accommodations and/or land-dry-storage accommodations for any watercraft, such as power boats, sailboats or row boats, are offered on a rental basis and where facilities for the building, rebuilding and general repair of boats and marine equipment are provided. A boat yard shall be deemed to include all auxiliary and accessory services as chandlery, gasoline sales and rental business activities related to the primary use.
BREAKAWAY WALLS Any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which are not part of the structural support of the building and which are so designed and constructed to collapse under specific lateral loading forces without damage to the structural integrity of the elevated portion of the building or supporting foundation system on which they are used or any buildings to which they might be carried by floodwaters. [Ord. No. 2009-2989 § 1]
BUFFER AREA An area designated to separate uses so as to minimize conflicts such as noise, views and activities. Buffer areas shall generally be kept in their natural state or landscaped as determined by the approving authority.
BUILDABLE LOT AREA The contiguous area of any lot exclusive of Class I Critical Areas and with not more than twenty-five (25%) percent of its area classified as Class II Critical Areas.
BUILDING A combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
BUILDING AREA The total of areas of outside dimensions on a horizontal plane and ground level of the principal building and all accessory buildings, exclusive of unroofed porches, terraces, decks or steps.
BUILDING COVERAGE The area of a tract covered by buildings and roofed areas, measured at the building line. Building coverage is expressed as a percentage of the total tract area.
BUILDING ENVELOPE That portion of any lot within the required setback lines.
BUILDING HEIGHT The vertical distance measured from the average elevation of the existing predevelopment grade and/or highest adjacent grade as defined herein at the four (4) corners of the smallest possible square or rectangle encompassing the proposed building to the highest point of the roof for flat roofs; to the mean height level of the distance measured between the eaves and ridge for gable and hip roofs; and to the deck line for mansard roofs. In Special Flood Hazard Areas, "building height" means the vertical distance measured from one (1') foot above base flood elevation at the four (4) corners of the smallest possible square or rectangle encompassing the proposed building to the highest point of the roof for flat roofs; to the mean height level of the distance measured between the eaves and ridge for gable and hip roofs; and to the deck line for mansard roofs. Where property is filled prior to development, building height shall still be measured from the existing predevelopment grade and/or highest adjacent grade as defined herein. Predevelopment grade and/or highest adjacent grade shall be determined using Township topographic data available at the time of the adoption of this ordinance or as it may be updated from time to time. [Ord. No. 2006-2879 § 2; Ord. No. 2010-3002 § 2; Ord. No. 2012-3073 § 1]
BUILDING LINE (SETBACK LINE) The line beyond which a building shall not extend unless otherwise provided in this Chapter.
BUILDING PERMIT A permit used for the alteration or erection of a building or structure in accordance with the provisions of the Building Code of the Township of Middletown.
BUILDING, PRINCIPAL A structure in which is conducted the principal use of the site on which it is situated. In any residential 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, insulation, mechanical equipment and lumber.
BULKHEAD A structure separating land and water areas, primarily designed to resist earth pressures.
BUS OR TRUCK TERMINAL An area where two (2) or more trucks or buses are stored on a regular basis. Includes repair and servicing of trucks or buses.
BUSINESS OFFICE A business establishment, which does not offer a product or merchandise for sale to the public, but offers a service to the public. However, personal services, such as barber and beauty shops and repair services, such as radio and television repair shops, are not to be included within the definition of business office.
CAPITAL IMPROVEMENT A governmental acquisition or improvement of real property or major construction project.
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.
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.
CELLAR A portion of a structure which is wholly or partly underground and having no more than one-quarter (1/4) of its perimeter either horizontally or vertically above the level of the adjoining ground. [Ord. No. 2000-2589]
CERTIFICATE OF COMPLETENESS A certificate issued by the Administrative Officer (Township Planner, Planning Board Secretary or Zoning Board of Adjustment Secretary) after all required submissions, including items required per Section 16-404 through 16-412 and application fees and escrow deposits required per Section 16-314, and any requests for waivers of submission requirements, have been made in proper form, certifying that an application for development is complete. [Ord. No. 2011-3029 § 1]
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. Said certificate shall acknowledge compliance with all requirements of this Chapter, such adjustments thereto granted by the Board of Adjustment or Planning Board and/or all other applicable requirements.
CHANGE IN USE
1. Any change from an industrial use to any other industrial use or to any other use category;
2. Any increase in the number of dwelling units in a structure or on a lot;
3. Any change from any nonresidential use to any other use for which any standard set forth in this Chapter is greater or more restrictive;
4. Any change from a residential use to any nonresidential use;
5. Any change in use from any existing or permitted use to any conditional use;
6. Any change from any existing or permitted use to any permitted use which can be classified as being in a category lower on the following list than was original use:
a. Single-Family Residential.
b. Two-Family Residential.
c. Multi-Family Residential.
d. Business or Professional Office.
e. Medical Office.
f. Retail or Wholesale Business.
g. Industrial.
CHANNEL A watercourse with a definite bed and banks which confine and conduct continuously or intermittently flowing water.
CHILD CARE CENTER Any home or facility by whatever name known which is maintained for the care, development or supervision of six (6) or more children under thirteen (13) years of age and who attend for less than twenty-four (24) hours a day. For a facility that is located in a sponsor's home, the children residing in the home or legally related to the sponsor shall not count towards the minimum number of children that would require it to be licensed. Child care for school age children six (6) to thirteen (13) years of age, shall include programs that serve children before and/or after regular school sessions. [Ord. No. 95-2415]
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.
CLEAR SIGHT DISTANCE The clear sight distance measured along a line perpendicular to the midpoint of a window sill and sixty (60) degrees radial from that line at the window sill in all directions vertical and horizontal forming a cone of vision.
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.
COAH The New Jersey Council on Affordable Housing.
COASTAL AREA FACILITIES REVIEW ACT (CAFRA) PERMIT A permit issued for specific development within the coastal area of New Jersey in accordance with N.J.S.A. 13:19 et seq. and in accordance with rules and regulations promulgated thereunder.
COASTAL HIGH HAZARD AREA An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. [Ord. No. 2009-2989 § 1]
COASTAL WETLANDS The coastal wetlands designated by the New Jersey Wetlands Act of 1970.
COLLECTOR STREET OR ROAD A roadway so designated on the circulation element of the Master Plan.
COMMERCIAL PARKING FACILITY The same as "Parking Area, Public." Also see "Garage, Public" and "Vertical Parking Garage."
COMMITTEE The Township Committee (Governing Body) of the Township of Middletown.
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 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 sixteen (16) developmentally disabled persons which provides food, shelter, and personal guidance for developmentally disabled persons who require assistance, temporarily or permanently, in order to live 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 (C. 26:2H-1 et seq.) and shall include, but not be limited to, group homes, halfway houses, supervised apartment living arrangements and hotels.
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE Any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the New Jersey Department of Human Services pursuant to N.J.S.A. 30:40-1-14 providing food, shelter, medical care, legal assistance, personal guidance and other services to not more than fifteen (15) persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.
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 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 (Township Planner, Planning Board Secretary or Zoning Board of Adjustment Secretary) for purposes of the commencement of the time period for action by the Municipal Agency.
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 Article 8 of this Chapter, and upon the issuance of an authorization thereof by the Municipal Agency.
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:
1. The unit (the interior and associated exterior areas designated for private use in the development plan) is owned by the occupant.
2. The unit may be any permitted dwelling type.
3. All or a portion of the exterior open space and any community interior spaces are owned and maintained in accordance with the provisions for open space, roads, or other development features as specified in this Chapter.
CONSERVATION EASEMENT An area of land upon which a deed restriction is placed limiting disturbance, clearing, construction and other activities. Conservation easements are generally utilized to protect environmentally sensitive areas including, but not limited to wetlands, transition areas, streams, ponds, steep slopes, screening buffers and specimen trees.
CONTIGUOUS DEVELOPABLE AREA Lot area less all Class I Critical Areas and no more than twenty-five (25%) percent Class II Critical Areas within a lot.
CONVENTIONAL DEVELOPMENT Development other than "Planned Development" as defined herein.
CORNER LOT A lot on the junction of and abutting two (2) or more intersecting streets where the interior angle of intersection does not exceed one hundred thirty-five (135) degrees.
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 (3) or more sides by building walls.
COVERAGE The same as "Lot Coverage."
CRITICAL AREA An area containing sensitive natural resources or features, including steep slopes, tidal and non-tidal wetlands, transition areas, stream corridors and transition areas.
CURB LEVEL The officially established grade of the curb in front of the midpoint of the front lot line.
DATA CENTER A facility dedicated to the processing of data in servers and/or associated computer equipment, as well as related space for data entry and management personnel. [Ord. No. 2012-3071 § 2]
DAY(S) Calendar day(s).
DAY CAMP A licensed, organized and supervised day-time facility used for recreational purposes.
DAY CARE CENTER The State-certified facility which provides care for children or senior citizens.
DENSITY Dwelling units per gross acre and includes the number of dwelling units per gross acre of residential land including streets, easements and open space portions of a development.
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 (2) or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension or use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq. and this Chapter. With respect to structures within areas of special flood hazard, development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials located within the area of special flood hazard. [Ord. No. 2009-2989 § 1]
DEVELOPMENTALLY DISABLED Experiencing a disability which originates before eighteen (18) years of age, which has continued or is expected to continue indefinitely, which constitutes a substantial handicap, and which is attributable to mental retardation, cerebral palsy, epilepsy, autism, or other conditions found by the Commissioner of Human Services to give rise to an extended need for similar services.
DEVELOPMENT FEES Money paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted in COAH's rules.
DEVELOPMENT PERMIT A document signed by the Zoning Officer (1) which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building, and (2) which acknowledges that such use, structure or building complies with the provisions of this Chapter or variance therefrom duly authorized by a Municipal Agency.
DEVELOPMENT REGULATION 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 FLOOD INSURANCE RATE MAP (DFIRM) The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. [Ord. No. 2009-2989 § 1]
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 drains, grading or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where, practical, to lessen non-point 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 RIGHT-OF-WAY The lands required for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with N.J.S.A. 58:1 et seq., State Water Policy Commission.
DRIVE-IN RESTAURANT The same as "Fast Food Restaurant."
DRIVEWAY A private road connecting house, building, garage, accessory building or parking area with the street.
DUNE Any wind or wave deposited or man-made formation of vegetated or drifting windblown sand, that lies generally parallel to, and landward to the beach, and between the upland limit of the beach and the foot of the most inland dune slope. Dune includes the foredune, secondary and tertiary dune ridges, as well as man-made dunes, where they exist. Formation of sand immediately adjacent to beaches that are stabilized by retaining structures, and or snow fences, planted vegetation, and other measures are considered to be dunes regardless of the degree of modification of the dune by wind or wave action or disturbance by development. A small mound of loose, windblown sand found in a street or on a part of a structure as a result of storm activity is not considered to be a dune.
DUPLEX The same as "Dwelling, Two-Family."
DWELLING Any building or portion thereof designed or used exclusively as a residence.
DWELLING, EFFICIENCY APARTMENT An apartment including the following separate rooms or combination thereof: A bathroom with toilet and bath facilities and a combination living room and bedroom, with a combination kitchen and dining room; or a combination living room, bedroom and dining room with a separate kitchen; or a combination living room, bedroom, dining room and kitchen (provided that the kitchen can be closed off from the remainder of the room). No additional room shall be provided, except hallways and suitable closet and storage space.
DWELLING, GARDEN APARTMENT A multiple dwelling building which has common access for individual dwelling units and having no more than two (2) habitable floors. Such dwelling is erected in units designed and constructed as an integral development or complex which utilizes such common facilities as pedestrian walks, parking, and garage areas, open space, and recreation areas, and utility and sanitary systems.
DWELLING, MID-RISE A multiple dwelling building consisting of a single building with three (3) to six (6) habitable floors. Such dwelling is erected in units designed and constructed as an integral development or complex, and which utilizes such common facilities as pedestrian walks, parking and garage areas, open space and recreation areas, and utility and sanitary systems.
DWELLING, MULTIPLE A building designed for, or containing three (3) or more dwelling units, which are entirely separated from each other by vertical walls or horizontal floors, unpierced, except for access to outside or a common cellar.
DWELLING, ONE (1)-BEDROOM APARTMENT An apartment including the following separate rooms or a combination thereof: A kitchen; a dining room; a living room; or a combination kitchen and dining room with a separate living room; or a separate kitchen with a combined living room and dining room area (provided that in no case shall a kitchen be combined with a living room); a bathroom with a toilet and bath facilities; and a bedroom. No additional room shall be provided, except hallways and suitable closet and storage space.
DWELLING, SINGLE-FAMILY A detached building designed for or containing one (1) dwelling unit.
DWELLING, THREE (3)-BEDROOM APARTMENT An apartment including the following separate rooms or a combination thereof: A kitchen; a dining room; a living room; or a combination kitchen and dining room with a separate living room; or a separate kitchen with a combined living room and dining area (provided that in no case shall a kitchen be combined with a living room); a bathroom with toilet and bath facilities; a master bedroom, a second bedroom, a third bedroom. No additional room shall be provided, except hallways and suitable closet and storage space.
DWELLING, TOWNHOUSE A multiple dwelling building, characterized by individual dwelling units on individual lots, each unit consisting of a maximum of two (2) habitable floors with a common fire wall between contiguous units. Such townhouse dwelling is designed and constructed as an integral development or complex, which utilizes such common facilities as pedestrian walks, parking and garage areas, open space and recreation areas, and sanitary systems.
DWELLING, TWO (2)-BEDROOM APARTMENT An apartment including the following separate rooms or a combination thereof: A kitchen; a dining room; a living room; or a combination kitchen and dining room with a separate living room; or a separate kitchen with a combined living room and dining area (provided that in no case shall a kitchen be combined with a living room); a bathroom with toilet and bath facilities; a master bedroom; a second bedroom. No additional room shall be provided, except hallways and suitable closet and storage space.
DWELLING, TWO (2)-FAMILY A detached building designed for, or containing two (2) dwelling units, which are entirely separated from each other by vertical walls, or horizontal floors, unpierced, except for access to the outside or a common cellar.
DWELLING UNIT A building or part thereof having cooking, sleeping, and sanitary facilities designed for, or occupied by one (1) family, and which is entirely separated from any other dwelling unit in the building by vertical walls, or horizontal floors, unpierced, except for access to the outside or a common cellar.
EASEMENT The right of the Township, County, State, Sewerage Authority or other public or quasi-public agency, their agents, servants and employees to use the land subject to the easement for the purposes specified on the plat or in the document granting the easement.
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.
ELEEMOSYNARY The giving of money and/or services to a charitable or philanthropic organization.
ELEVATED BUILDING A non-basement building (i) built in the case of a building in a Coastal High Hazard Area to have the bottom of the lowest horizontal structural member of the elevated floor, elevated above the ground level by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water, and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In an area of special flood hazard "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In Areas of Coastal High Hazard "elevated buildings" shall also includes a building otherwise meeting the definition of "elevated building" even though the lower area is enclosed by means of breakaway walls. [Ord. No. 2009-2989 § 1]
ENVIRONMENTAL COMMISSION The Middletown Township Environmental Commission, a municipal advisory body, created pursuant to N.J.S.A. 40:56A-1 et seq.
ENVIRONMENTAL IMPACT REPORT (EIR) 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. Said EIR shall be consistent with and shall contain all that information, data and documentation contained in Section 16-615. An Environmental Impact Statement meeting the requirements of the N.J.S.A. 13:10 et seq., Coastal Area Facility Review Act, and specifically outlined in Section 7 of said rules and regulations promulgated in compliance with said Act will be accepted in lieu of the EIR. This definition shall also include any document entitled Environmental Impact Study (EIS).
EQUAL DEGREE OF ENCROACHMENT The delineation of floodplain limits so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of floodflows. This is determined by considering the effect of encroachment on the hydraulic efficiency of the floodplain along both sides of a stream for significant reach.
EQUALIZED ASSESSED VALUE The value of a property determined by the Municipal Tax Assessor through a process designed to ensure that all property in the municipality is assessed at the same assessment ratio or ratios required by law. Estimates at the time of building permits may be obtained by the Tax Assessor utilizing estimates for construction cost. Final equalized assessed value will be determined at project completion by the Municipal Tax Assessor.
EROSION The detachment and movement of soil or rock fragments by water, wind, ice, and/or gravity and the gradual wearing away of land masses. [Ord. No. 2009-2989 § 1]
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.
ESSENTIAL SERVICES Underground gas, electrical, telephone, telegraph, steam or water transmission or distribution systems, including mains, drains, sewers, pipes, conduits, cables; and including normal above ground appurtenances such as fire alarm boxes, police call boxes, light standards, poles, traffic signals, and hydrants, and other similar, equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by public utilities or Municipal or other Governmental Agencies or for the public health or safety or general welfare.
EXCAVATION OR CUT Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.
EXCAVATED 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, guard rails, or any other public improvement existing within the public right-of-way. For the purposes of this Chapter, that work which is being performed outside of the public right-of-way, but which requires the storage of materials or the operation of equipment within the public right-of-way, in such a manner as may cause damage, will also be deemed excavation work. Excavation work shall also include the construction, addition, installation, or other provision of the whole or portions of the improvements within a public street, drainage right-of-way or other public way or public grounds by persons other than those exempted from the provisions of this Chapter including privately sponsored construction of curbing, sidewalks, pavement extensions, aprons, drainage or any other portions of the public improvements.
EXEMPT DEVELOPMENT That site plan and/or subdivision approval shall not be required prior to issuance of a Development Permit for the following:
1. Construction, additions, or alterations related to single-family or two-family dwellings or their accessory structures on individual lots.
2. Interior alterations which do not increase the required number of off-street parking spaces and which conform to the performance standards of this Chapter.
3. Any change in occupancy which is not a "Change in Use" (as herein defined).
4. Sign(s) which installation is on a site already occupied by a principal use for which site plan approval is not otherwise required and provided such sign(s) conform to the applicable design and zoning district regulations of this Chapter.
5. Construction of a parking lot or an addition to an existing parking lot provided that the new lot or the proposed addition contains three (3) spaces or less and the location and design of which conforms to the standards and zoning district regulations of this Chapter.
6. Construction or installation of underground facilities which do not alter the general use, appearance or grade of the site.
7. 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 Article.
8. Farms and accessory farm buildings and structures provided such buildings and structures are located on, operated in conjunction with, and necessary to the operation of a farm as defined by this Chapter. This shall not include accessory structures which contain dwelling units.
9. Gasoline pump canopies subject to compliance in all respects to the regulations governing such canopies, contained elsewhere in this Chapter.
10. Individual applications for accessory mechanical or electrical equipment up to one hundred (100) square feet in area, whose operation and location conforms to the design and location standards conform to the design standards of this Chapter and where such installation will be accessory to an already established principal use of the property. In no case shall such equipment be located in a street setback area. [Ord. 2006-2879 § 2]
FAMILY One (1) or more persons living together as a single entity or nonprofit housekeeping unit. The family shall be deemed to include servants when servants share the common housekeeping facilities and services.
FAMILY ENTERTAINMENT RESTAURANT A restaurant as defined in this Chapter which contains no less than three hundred (300) seats for dining use and shall have a minimum floor area for dining and kitchen use of at least five thousand (5,000) square feet. More than three (3) amusement devices may be permitted provided that such amusement devices shall be an accessory use to a family-oriented restaurant. The restaurant shall at all times be marketed, operated and promoted exclusively as a family restaurant with no on-site sale of liquor. [Ord. No. 94-2389]
FAMILY DAY CARE The private residence of a family day care provider which is registered as a family day care home pursuant to the Family Day Care Provider Registration Act and which child care services are provided for a fee to no more than five (5) children at any one time. [Ord. No. 94-2389]
FARM Any parcel of land, three (3) acres or larger in size, which is used for gain in the raising of agricultural products, livestock or dairy products.
FARM BUILDING Any building used for the housing of agricultural equipment, produce, livestock, or poultry or for the incidental or customary processing of farm products, and provided that such building is located on, operated in conjunction with and necessary to the operation of a farm as defined by this Chapter.
FAST FOOD SERVICE RESTAURANT Any restaurant with a drive-thru window.
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 HEIGHT The distance from ground level immediately adjacent to the fence to the top of the fence. Architectural embellishments or decorative features can exceed the height limit by up to twelve (12") inches as long as they do not result in a continuous barrier which is less than seventy-five (75%) percent open. [Ord. No. 2010-3002 § 2]
FENCE, OPEN A fence which is at least fifty (50%) percent open between grade level and the top cross member.
FINAL APPROVAL The official action of the Planning Board or Board of Adjustment 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 or Zoning Board of Adjustment for final approval in accordance with the provisions of this Chapter, and which when approved, shall be filed with the proper County Office.
FLOOD OR FLOODING A general and temporary condition of partial or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters and/or.
2. The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD DAMAGE POTENTIAL The susceptibility of a floodplain use at a particular site to damage by potential floods at that site, as well as increased off-site flooding or flood related damages caused by such floodplain use. [Ord. No. 2009-2989 § 1]
FLOOD FREQUENCY The average frequency, statistically determined, for which it is expected that specific flood level or discharge may be equaled or exceeded. [Ord. No. 2009-2989 § 1]
FLOOD HAZARD AREA OBSTRUCTION Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property. [Ord. No. 2009-2989 § 1]
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 two-tenths (0.2') foot.
FLOOD INSURANCE STUDY (FIS) The official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood. [Ord. No. 2009-2989 § 1]
FLOODPLAIN The relatively flat area adjoining any natural or man-made stream, pond, lake, river, or any other body of water which is subject to a 100-year flood which includes, but is not limited to, those areas delineated by the Master Drainage Plan for Middletown Township, T & M Associates, Middletown, New Jersey, 1972 (seven (7) volumes) as amended and supplemented. [Ord. No. 2009-2989 § 1]
FLOODPLAIN MANAGEMENT REGULATIONS Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. [Ord. No. 2009-2989 § 1]
FLOOR AREA, GROSS The sum of the gross horizontal areas of the floor or several floors of a building measured between the outside face of exterior walls. In the case of residential structures, such area shall be finished in accordance with the requirements of the building code. Any cellar, garage, crawl space, unfinished attic or space of any nature, or accessory building shall not be included. Any space with a clear ceiling height of four (4') feet or more, but less than the minimum ceiling height prescribed in the building code for the type of building concerned shall not be included when in excess of ten (10%) percent of the floor area which complied with such prescribed ceiling heights.
In the case of bi-level multi-story buildings, the first floor area shall be considered to be the first level or levels of the structure over the full perimeter of the structure which are above the average finished grade of the adjoining ground, and constructed on other than a concrete slab or other such floor.
Any floor area which is located at grade or on such a slab may, however, be included in the calculations of total floor area, provided it complies with the other terms of this definition.
In the case of all multi-story buildings, the first floor area shall be considered to be the first level or levels of the structure extending over the full perimeter of the structure and which is above the average finished grade of the adjoining ground whether or not such level is constructed on a concrete slab or other such floor.
FLOOR AREA, HABITABLE The sum of the gross horizontal areas of the floor or several floors of a dwelling measured between the inside face of exterior walls or from the center line of walls separating two (2) dwelling units, having a clear ceiling height of seven (7') feet, four (4") inches, or greater, but not including any unfinished attic, cellar, or accessory building space, but including the floor area of roofed porches, balconies, terraces and patio. Also see "Habitable Room".
FLOOR AREA RATIO The ratio of the gross floor area to the lot area as determined by dividing the gross floor area by the lot area.
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, entrance ways, arcades, or other such public areas.
FOOD SERVICE ESTABLISHMENT A business where food is prepared for consumption and where such food is strictly for home delivery or pick-up by patrons and where no on-site consumption is permitted. Such uses shall be treated as retail uses for the purpose of determining parking requirements.
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 An attached or detached structure intended for the purpose of the storage of automobiles. In order for a garage to be considered attached it must share a common wall with the principal structure. Connection of a garage to the principal structure via fully enclosed breezeways, canopies and walkways, shall not be sufficient unless the common wall encompasses more than fifty (50%) percent of the wall of the garage. [Ord. No. 2006-2879 § 2]
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 is carried on.
Private garages on properties containing a residence shall only be utilized by the resident of the dwelling unit on site. Garages, whether attached or detached shall not be used for storage or use by anyone other than the occupant of the dwelling(s) on site and shall not be leased even for parking purposes for anyone other than the occupant of the dwelling(s) on site, except where expressly permitted by the Planning or Zoning Board in conjunction with a site plan or subdivision application. [Ord. 2006-2879 § 2]
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 (2) motor vehicles not owned by occupants of the premises shall be deemed a public garage.
GAS STATION The same as "Motor Vehicle Service Station."
GOLF COURSE An area containing a full size professional golf course, at least nine (9) holes in length, together with the necessary and usual accessory uses and structures such as, but not limited to: club house facilities, dining and refreshment facilities, swimming pools, tennis courts, and the like, provided that the operation of such facilities is incidental and subordinated to the operation of a golf course.
GOVERNING BODY The Township Committee of the Township of Middletown.
GRADE, EXISTING The existing undisturbed elevation of land, ground, and topography pre-existing 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.
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 and stairs are not considered to be habitable rooms. Also see "Floor Area, Habitable".
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 cresol, and their salts; petroleum products; and radioactive materials.
HEALTH CARE FACILITY A facility or institution, whether public or private, engaged principally in providing 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, and general medical laboratories. The uses within a health care facility may include ambulatory operating rooms, laboratories, medical treatment facilities of all types, medical clinics, medical offices, administrative offices and surgery centers, as well as similar medical uses. [Ord. No. 2012-3071 § 2]
HIGHEST ADJACENT GRADE The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [Ord. No. 2009-2989 § 1]
HIGH-WATER LINE For the purposes of this Chapter a line showing the upper inland wetlands boundary (a biological "high water line") on a series of maps prepared by the State of New Jersey Department of Environmental Protection for Sandy Hook Bay, the Swimming and Navesink Rivers and their tributaries in accordance with the provisions of "The Wetlands Act," N.J.S.A. 13:9A-1 et seq., said line being established from photographs and each of these maps being on file in the Office of the County Clerk, Monmouth County, New Jersey.
HISTORIC DISTRICT A geographically definable area, urban or rural, small or large, possessing a significant concentration, linkage, or continuity of one or more historic sites, buildings, structures, and/or objects and intervening or surrounding property which, viewed collectively, represent a significant period(s) in the development of the Township or have a distinctive character resulting from their architectural style or because of their distinctive character can readily be viewed as an area or neighborhood distinct from surrounding portions of the Township. Resources within a historic district shall be classified as one of the following:
1. KEY Any buildings, structures, sites or objects which, due to their significance, would individually qualify for landmark status.
2. CONTRIBUTING Any buildings, structures, sites or objects which are integral components of the historic district either because they date from a time period for which the district is significant or because they represent an architectural type, period or method for which the district is significant.
3. NONCONTRIBUTING Any buildings, structures, sites or objects which are not integral components of the historic district because they neither date from a time period for which the district is significant nor represent an architectural type, period or method for which the district is significant.
HISTORIC LANDMARK Any building, structure, site, object or district which possesses integrity of location, design, setting, materials, workmanship, and association and which has been determined, pursuant to the terms of this Ordinance, to be:
1. Of particular historic significance to the Township of Middletown by reflecting or exemplifying the broad cultural, political, economic or social history of the Nation, State, or community; or
2. Associated with the historic personages important in National, State or local history; or
3. The site of an historic event which had a significant effect on the development of the Nation, State or community; or
4. An embodiment of the distinctive characteristics of a type, period, or method of architecture or engineering; or
5. Representative of the work of an important builder, designer, artist or architect; or
6. Significant for containing elements of design, detail, materials or craftsmanship which represent a significant innovation; or
7. Able or likely to yield information important in prehistory or history.
The word "historic site" may substitute for "historic landmark."
HISTORIC STRUCTURE Any structure that is:
a. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
c. Individually listed on a State inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
d. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
1. By an approved State program as determined by the Secretary of the Interior; or
2. Directly by the Secretary of the Interior in states without approved programs.
HOME OCCUPATION Any use conducted for profit entirely within a dwelling and carried on by the inhabitants thereof, which use is 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 family residing in the dwelling; and provided further that no machinery or equipment will be used which will cause electrical or other interference with radio and television reception in nearby residences, or cause offensive noise, vibration or odor. The following uses and any use determined by the Zoning Officer to be similar thereto shall not be considered home occupations within the meaning of this Chapter: clinics, barber shops, beauty parlors, tea rooms, tourist or guest homes, animal hospitals, kennels, nursery schools. Music or dancing schools shall only be considered a home occupation when instruction is given to two (2) or fewer individuals at any given time. Home occupations shall be permitted in any residential dwelling. A detached accessory building or any portion thereof may be utilized to conduct a home occupation subject to the provisions herein and as long as two (2) off-street parking spaces are maintained to serve the main dwelling. The business must be conducted by a resident of the property.
HOMEOWNERS ASSOCIATION An incorporated, nonprofit organization operating under a recorded land agreement through which: (a) each lot owner, condominium owner, stockholder under a cooperative development, or other owner of property or interests in the project shall be a member; (b) each occupied dwelling unit is subject to a charge for proportionate share of the expenses for the organization activities and maintenance, including any maintenance costs levied against the association or the municipality; and (c) each owner and tenant has a right to use a common property.
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, out-patient departments, clinics, training facilities, central service facilities and staff offices. The definition "hospital" shall not include nursing homes, medical care centers and the like.
HOTEL A facility offering transient lodging accommodations to the general public, including additional services such as restaurants, meeting rooms and recreational facilities. Not more than fifteen (15%) percent of the rooms can have kitchen areas.
IMPERVIOUS SURFACE Any natural or man-made surface which does not permit infiltration of water and causes surface runoff. All buildings, parking areas, driveways, roads, sidewalks, and any areas in concrete and asphalt shall be considered impervious surfaces within this definition. In addition, other areas determined by the engineer to be impervious within the meaning of this definition will also be classed as impervious surfaces. For purposes of building and impervious surface coverage calculations required in this Chapter, porous asphalt and concrete shall be deemed to be an impervious surface.
IMPERVIOUS SURFACES RATIO A measure of the intensity of use of a piece of land. It is measured by dividing the total area of all impervious surfaces within the site by the net buildable site area.
IMPROVED PARKING AREA An area for the temporary location of motor vehicles which has been modified from its natural condition by excavation, fill or pavement 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.
INCLUSIONARY DEVELOPMENT A residential housing development in which a percentage of the housing units are provided for a reasonable range of low and moderate income households in accordance with the rules of the New Jersey Council on Affordable Housing. The term may also mean housing developments comprised completely of low and moderate income units.
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 (1) side only.
INTERIOR STREET OR ROAD A street or road that is developed wholly within a parcel under one (1) 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, subject to approval by the Planning Board and by the Municipal Engineer.
JETTY A projection of stone, brick, wood or other material, but generally formed of piles, serving as a protection against the encroachment or assault of the waves and currents.
JUDGEMENT OF REPOSE A judgement issued by the Superior Court approving a municipality's plan to satisfy its fair share obligation.
JUNK 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. The term "junk yard" as herein defined includes automobile salvage or wrecking yards.
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 (10)-year storm conditions, of two (2) acres or less. Lakes are bodies of water with a surface greater than two (2) acres, measured under ten (10)-year storm conditions. The shoreline of a lake or pond is measured at the perimeter of the surface of water under ten (10)-year storm conditions, as certified by the applicant's licensed land surveyor, and approved by the Municipal Engineer.
LAND Any ground, soil or earth, including marshes, swamps, drainageways and areas not permanently covered by water, within the municipality. Such term also includes 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.
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 and the requirements of this Chapter, including, but not limited to, Section 16-622.
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, materials or trash. Such space must have clear means of ingress and egress to a public street at all times.
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. A "lot" is land occupied or to be occupied by a building, structure and permitted accessory uses, or by a dwelling and its accessory uses together with such open spaces as are specified and required under the provisions of this Chapter, having not less than the minimum area required by this Chapter for a lot in the zone district in which such a lot is situated, and having the required frontage on a street.
LOT AREA The acreage and/or square footage of a lot contained within the lot lines of the property. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area. Portions of lots encumbered by easements shall be included in calculating lot area.
LOT, CORNER A lot on the junction of and abutting two (2) or more intersecting streets where the interior angle of intersection does not exceed one hundred thirty-five (135) degrees.
LOT COVERAGE The area of the lot covered by buildings and structures and accessory buildings or structures and expressed as a percentage of the total lot area. For the purpose of this Ordinance, lot coverage shall include all parking areas and automobile access driveways and internal roadways, whether covered by an impervious or pervious material, patios associated with an in-ground or above-ground swimming pool, and all other impervious surfaces except for the following:
1. Exterior walkways and plazas designed exclusively for pedestrian use as part of a commercial, industrial, or office development and which are part of an overall landscaping plan acceptable to the Planning Board or Zoning Board of Adjustment.
2. Unroofed patios not associated with an in-ground or aboveground swimming pool, terraces, decks and pedestrian walks which are accessory to a single-family dwelling.
3. In-ground or aboveground swimming pool surface areas up to eight hundred (800) square feet; the surface area of an in-ground or aboveground swimming pool above eight hundred (800) square feet shall be considered as lot coverage.
LOT DEPTH The shortest distance between the front lot line and a line drawn 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 be not less than ten (10') feet in length measured between its intersections with the side lot lines. On corner lots, one (1) side lot line shall be considered a rear lot line for the purpose of determining lot depth only.
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 five hundred (500') feet, the minimum distance between the side lot lines measured at the street line shall not be less than sixty (60%) percent of the required minimum lot frontage. Where the lot frontage is so permitted to be reduced, the lot width at the building setback line shall not be less than the required minimum frontage of the zone district. For the purpose of this Ordinance, 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:
1. FRONT LOT LINE A lot line or portion thereof which is coexistent with a street line and along which the lot frontage is calculated.
2. REAR LOT LINE The lot line most distant and generally opposite and parallel to the front lot line. (See Section 16-506)
3. SIDE LOT LINE Any lot line other than a front or rear lot line. (See Section 16-506)
LOT, THROUGH A lot with frontage on two (2) or more streets, none of which intersect adjacent to or abutting the lot.
LOT WIDTH The mean horizontal distance between the side lot lines measured at right angles to its depth and at a point which constitutes the rear line of the required front yard space. 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 Township's housing region as established by the New Jersey Council on Affordable Housing.
LOWEST FLOOR The lowest level (including basement, crawl space and garage) of the lowest enclosed area. An unfinished or flood resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built so to render the structure in violation of other applicable non-elevation design requirements. [Ord. No. 2009-1989 § 1]
LUMBERYARD A retail or wholesale establishment which primarily sells raw building products at least half of which is stored or displayed outdoors.
LUMINANCE, ALSO KNOWN AS PHOTOMETRIC BRIGHTNESS The "brightness" of a surface, such as a sign, as seen from a particular angle of view. It is measured in candelas per sq. meter, also termed "nits." [Ord. No. 2013-3095 § 1]
MAINTENANCE GUARANTEE Any security, other than cash, 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.
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."
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 attached to the required utilities. The term "manufactured home" shall not include a "recreational vehicle." [Ord. No. 2009-2989 § 1]
MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale. [Ord. No. 2009-2989 § 1]
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.
MARINA Any waterfront facility wherein berthing spaces for any and all watercraft or boats are provided. A marina shall be deemed to include, in addition, automobile parking facilities; sanitary facilities; motor fuel sales; boat sales, repairs, maintenance and service, excluding, however, facilities for the construction of new boats. For the purpose of this Chapter, the rental residents of the property contiguous to same shall be deemed to constitute a marina and same shall conform to all provisions of this Chapter pertaining to marinas.
MARINE ACTIVITIES Any facilities or activity associated with fishing or boating, either for sport or for commercial gain.
MASSAGE PARLOR Any establishment where, for any form of consideration massage or other manipulation of the human body is offered as a service, and where all practitioners are licensed by the State of New Jersey as Certified Massage Therapists. This does not include an athletic club, health club, school, gymnasium reducing salon, spa, or any service or treatment provided by a licensed medical doctor or chiropractor, where massage is offered as an incidental or accessory service.
MASTER DRAINAGE PLAN Seven (7) volumes, as amended by and supplemented prepared for Middletown Township by T & M Associates, Inc., Middletown, New Jersey.
MASTER PLAN A composite of one (1) or more written or graphic proposals for the development of the Township as set forth in and adopted by the Planning Board on December 14, 1981 pursuant to N.J.S.A. 40:55D-28 and including all subsequent amendments thereto.
MAYOR The Mayor of the Township of Middletown.
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 LABOR CAMP One (1) or more vehicles, buildings, or structures used as living quarters by seasonal, temporary, or migrant farm workers in connection with any work or place where work is being performed, whether or not rent is paid or reserved in connection with the use or occupancy of such premises.
MINOR SITE PLAN A development plan for one (1) or more lots which is (are) subject to development which:
1. Requires site plan approval, and
2. Meets the requirements set forth in Section 16-406 of this Chapter and contains the information needed to make an informed determination as to whether the requirements established by this Chapter for approval of a minor site plan have been met, and
3. Meets the following conditions:
a. New building construction of less than three thousand (3,000) square feet or building additions which do not exceed one thousand (1,000) square feet of gross floor area.
b. The proposed development does not increase parking requirements by more than fifteen (15) spaces, nor entail or propose the construction of a total of more than fifteen (15) parking spaces.
c. The proposed development conforms to the Floodplain Management Standards set forth in Section 16-527 of this Chapter.
d. The proposed development conforms to the performance standards set forth in Section 16-528 of this Chapter.
e. The proposed development does not involve planned development.
f. The proposed development does not involve any new unmapped street or the extension of any existing street, not anticipated on the tax map.
g. 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.
h. The proposed development does not involve the disturbance of twenty-five thousand (25,000) square feet or more of ground area.
MINOR SUBDIVISION A subdivision of land for the creation of not more than three (3) new lots provided such subdivision does not involve: (1) a planned development, (2) any new unmapped street, or (3) the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42 and provided that the Municipal Agency or the Subdivision Committee of the Planning Board finds that all the following conditions have been met:
1. That 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).
2. That in the event a drainage fund has been established by the Township or Monmouth County as assessment has been charged to the lots and has been paid.
3. That no portion of the lands involved has constituted a part of a minor subdivision within three (3) years preceding the application.
MINOR SUBDIVISION REVIEW COMMITTEE A Committee of the Planning Board made up of three (3) members, which reviews minor subdivisions and makes recommendations to the full Planning Board.
MIXED PROFESSIONAL OFFICE BUILDING A single structure or a group of buildings that have been developed and operated as an integrated facility for two (2) or more separate professional businesses and supporting ancillary uses designed, planned, and managed in an integrated and coordinated basis. A mixed professional office building must have minimum gross floor area of five thousand (5,000) square feet and may be devoted in part or in entirety for medical or dental offices. [Ord. No. 94-2389]
MOBILE HOME See "Manufactured Home."
MOBILE FOOD ESTABLISHMENT A vehicle, or portion thereof, or a mobile cart or wagon from which preprepared, quickly prepared, or prepackaged food items and drinks are sold and at which there exists no permanent seating.
MOTEL, MOTOR COURT, MOTOR HOTEL The same as hotel.
MOTHER-DAUGHTER DWELLING A single-family or two-family dwelling unit which has a portion converted into an additional dwelling unit, specifically designated for use by a family member. Such units shall not be rented. Mother-daughter units may have direct access to the outside, but in all cases maintain internal free-flowing access from dwelling to dwelling within the structure. In addition:
1. A floor plan depicting free-flowing access from within must be submitted with the zoning application.
2. The mother-daughter unit shall contain no more than one (1) bedroom maximum.
3. The mother-daughter unit shall not exceed twenty-five (25%) percent of the gross floor area of the existing dwelling. Except that in dwellings that are less than one thousand six hundred (1600) square feet such space may occupy no more than thirty-five (35%) percent of the gross floor area.
4. Any addition to the dwelling unit for the purpose of a mother-daughter unit where there is a separate exterior entrance, said entrance shall not face the front yard.
5. Common utilities must be maintained for both units.
6. A deed restriction containing the following language to be filed with the Monmouth County Clerk's Office prior to occupancy of the unit:
The grantor and grantee specifically represent and warrant that this deed contains a Deed Restriction whereby the property use is restricted for use by grantor and grantees' immediate family. Although the structure is built as a mother-daughter structure allowing for separate entrances and cooking facilities, a second, unrelated family cannot occupy a portion of the dwelling as tenants. This deed restriction is intended to prohibit a multi-family use.
MOTION PICTURE THEATER A place where motion pictures are shown to the public on a regular basis, for a fee.
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.
MULCHING The application of plant residue or other suitable materials to the land surface to conserve moisture, hold soil in place and aid in establishing plant cover.
MULTI-FAMILY BUILDING Any building containing two (2) or more dwelling units which are attached. Dwelling units within multi-family buildings are classified as multi-family dwellings.
MULTI-FAMILY DEVELOPMENT Land development containing dwelling units that may be either attached dwellings or detached single-family dwelling units along with associated common areas and elements, as long as the overall permitted density within the zone is not exceeded. [Ord. No. 2002-2705]
MUNICIPAL AGENCY The Planning Board or Board of Adjustment or Township Committee of the Township 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 N.J., 1975, as amended).
MUNICIPALITY The Township of Middletown.
NEW CONSTRUCTION Structures for which the start of construction commenced on or after the effective date of this Ordinance or after the effective date of the floodplain regulation adopted by a community and includes any subsequent improvements to such structures.
NEW MOBILE HOME PARK OR MOBILE HOME SUBDIVISION A parcel (or contiguous parcels) of land divided into two (2) or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of this Ordinance. Any mobile home utilized for permanent residential purposes must be attached to a permanent foundation. [Ord. No. 2009-2989 § 1]
NIGHT CLUB An establishment open to the general public in which the serving and consumption of alcoholic beverages occur and where live entertainment is permitted, including but not limited to comedy clubs, dinner theaters and Performing Arts Center.
NITS A metric unit used to measure luminance. [Ord. No. 2013-3095 § 1]
NJDEP FLOOD HAZARD AREA CONTROL RULES The standards proposed under N.J.A.C. 7:13 et seq. published in the February 19, 2013 NJ Register, which as they may be amended upon adoption or from time-to-time, shall herein be incorporated by reference, therefore incorporating FEMA's Advisory Flood Hazard Map, Advisory Base Flood Elevations (ABFE) and Advisory Flood Hazard Area (AFHA) as the standards required to be followed within the Township pursuant to law. [Ord. No. 2013-3082 § 1]
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 Municipal Zoning Ordinance by reasons 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 Ordinance 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 Ordinance by reason of such adoption, revision or amendment.
NONCONVERSION AGREEMENT An agreement recorded with the County Recording Officer prohibiting the enclosure of areas below base flood elevation. [Ord. No. 2012-3073 § 1]
NON-POINT SOURCE POLLUTION Pollution from any source other than from any discemible, 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 (3) or more children from two (2) to six (6) 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 OR OFF-TRACT Located outside the lot lines of the lot in question, but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.
ON-SITE OR 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 PORCH OR STEPS A porch or steps with a fixed roof no larger than six (6') feet wide by four (4') feet deep and with no sidewalk other than the wall of the structure to which it is attached.
OPEN SPACE 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. Impervious surfaces within open space areas shall be limited to improvements associated with recreation and drainage facilities and underground utilities. Open space may include farmland set aside in perpetuity intended for the preservation of the farming use. Where open space is a requirement of a zone and is created as a result of a site plan, subdivision, conditional use or variance application not more than fifty (50%) percent of the area set aside shall consist of wetlands, open bodies of water or watercourses, sloped areas of twenty-five (25%) percent or greater, detention or retention basins, swales and other drainage structures. [Ord. No. 2001-2617]
OPEN SPACE, UNOCCUPIED An unoccupied area including natural and man-made watercourses, streams, lakes, ponds, and grassed, wooded or landscaped areas, open to the sky on the same lot with a principal and/or accessory building. Improved sidewalks, paved paths or other pedestrian ways within an unoccupied open space area, which exceed four (4') feet in width, shall be deducted in determining the unoccupied open space area.
OPEN SPACE RATIO A measure of the inverse intensity of land use. It is arrived at by dividing total amount of open space within the site by the site 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 including parking structures used for the open storage of motor vehicles and includes any driveways and access drives, as well as accessory incidental structures or improvements such as curbing, drainage, lighting, and signing.
PARKING AREA, PRIVATE 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 or parking structure 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.
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 ground has been surfaced with construction material such as brick, stone, cement or lumber, which does not project above grade level by more than eighteen (18") inches and which is entirely uncovered by a roof or any superstructure.
PERFORMANCE GUARANTEE Any security, which may be accepted by the Township, including cash; provided that the Township shall not require more than ten (10%) percent of the total performance guarantee in cash, in lieu of a requirement that certain improvements be made before the Municipal Agency approves an application for development.
PERSONAL SERVICES An act by which skills of one (1) person are utilized for the benefit of another, provided no function involves manufacture, cleaning, storage or distribution of products or goods except for cleaning and repairing of clothing and similar personal accessories.
PERSONAL SKATEBOARD APPARATUS Equipment, whether prefabricated or handmade or not, including but not limited to half-pipes, ramps or jumps and intended for use in conjunction with skateboarding, rollerblading, rollerskating or bicycling and located less than thirty (30') feet from any side, or rear property line that adjoins another residential property. This definition shall not apply to public parks or school properties. [Ord. No. 2005-2815].
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 (herbicide).
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.
PLANNED UNIT RESIDENTIAL DEVELOPMENT An area with a specified minimum contiguous acreage of five (5) acres or more to be developed as a single entity according to a plan containing one (1) or more residential cluster(s), which may include appropriate commercial, or public or quasi-public uses all primarily for the benefit of the residential development as may be specified in this Chapter.
PLANNING BOARD The Township of Middletown Planning Board established pursuant to N.J.S.A. 40:55A-76. The term Planning Board as used in this Chapter also means the Board of Adjustment when it is acting pursuant to N.J.S.A. 40:55D-76.
PLANNING BOARD ENGINEER The licensed New Jersey Professional Engineer specifically retained by the Planning Board or assigned by the Township 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 Township 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.
PLACE OF WORSHIP A building or group of buildings, congregations, public worship including cathedrals, chapels, churches, meeting houses, mosques, synagogues, temples, and similarly used buildings, as well as accessory uses such as Sunday schools, social halls, parish houses, convents, nursery schools and similar type buildings and uses.
PLANNED ADULT COMMUNITY OR P.A.C. Land under common ownership or control containing residential dwelling units, necessary accessory buildings, and required or permitted social, cultural, recreational, retail and commercial facilities wherein permanent residents must be a specified minimum age, except that the spouse or an immediate member of the family other than a child of said permanent resident, or a live-in domestic, companion or nurse, may be a permanent resident regardless of his or her age. Residential dwelling units in the P.A.C. may be sold either as a fee simple with a homeowner's association or comparable entity to administer, operate, manage, maintain or otherwise deal with any common areas or services to be provided in the P.A.C. or pursuant to the provisions of the Condominium Act (N.J.S.A. 46:8B-1 et seq.).
PLANNED DEVELOPMENT Planned unit development, planned residential development, residential cluster, planned commercial development or planned industrial development.
PLANNED COMMERCIAL DEVELOPMENT An area of a minimum contiguous size as specified by this Chapter to be developed according to a plan as a single entity containing one (1) or more structures with appurtenant common areas to accommodate commercial or office uses or both and any residential or other uses incidental to the predominant use as may be permitted by this Chapter.
PRELIMINARY APPROVAL The conferral of certain rights pursuant to N.J.S.A. 40:55D-46, -48, and -49 prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS Architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form, its scopes, scale, relationship to its site and immediate environs and exterior colors and finishes.
PREMISES A lot or tract of land or any combination thereof held under a single ownership or control.
PRIMARY OR PRINCIPAL USE The main purpose for which a building, structure or lot is used.
PRIMARY FRONTAL DUNE A continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves from coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from the relatively steep slope to a relatively mild slope. [Ord. No. 2009-2989 § 1]
PROFESSIONAL OFFICE The office of a member of a recognized profession including but not limited to doctors, ministers, architects, professional engineers, planners, lawyers, real estate brokers and such similar professional occupations. The practice of such occupation shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone in which it is located to a greater extent than for the professional activities listed herein. The issuance of a State or local license for regulation of any gainful occupation shall not in and of itself be deemed indicative of professional standing.
PROFESSIONAL OFFICE BUILDING A building, the occupancy of which is limited to professionals such as doctors, dentists, ministers, architects, engineers, planners, lawyers, real estate brokers, accountants, or such other similar professional occupations which may be so designated by the Municipal Agency upon finding that such occupation is truly professional in character by virtue of the need or similar training and experience as a condition for practice.
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 facade sign suspended from or attached to a building or wall in a manner which is other than parallel to the said building or wall, including a sign hung under the canopy.
PUBLIC AREAS (1) public parks, playgrounds, trails, paths, beaches and other recreational areas; (2) other public open spaces; (3) scenic and historic sites; and (4) schools and school property and other public buildings and structures; (5) sidewalks, train and bus stations.
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 DRAINAGE WAY The land reserved or dedicated for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation, and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen non-point 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.
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.
REACH A hydraulic engineering term to describe longitudinal segments of a stream or river. A reach will generally include the segment of the flood hazard area where flood heights are influenced by a man-made or natural obstruction. In an urban area, the segment of a stream or river between two (2) consecutive bridge crossings would typically constitute a reach.
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, play fields, 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 vehicle which is (a) built on a single chassis; (b) four hundred (400) square feet or less when measured at the longest horizontal projections; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. [Ord. No. 2009-2989 § 1]
RECYCLABLE MATERIAL Any product, substance or material which must be stored, collected or dropped off at the municipal recycling facility and which shall not be disposed of with other domestic solid waste.
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 area as an appurtenance.
RESIDENTIAL DENSITY The number of dwelling units, which may be or are developed per acre of land.
RESIDENTIAL FLOOR AREA RATIO The ratio of the gross floor area of all buildings on a residential lot to the total lot area. The following shall not count towards residential gross floor area: cellars, terraces, sheds up to two hundred (200) square feet, patios, decks, gazebos, open balconies and open porches which are more than fifty (50%) percent open. [Ord. No. 2000-2589; Ord. No. 2006-2879 § 2]
RESOURCE PROTECTION AREA Any natural area or feature containing natural resources protected by this Ordinance, where improvement and/or alteration may be restricted or prohibited or where conservation is required. Resource protection areas may include wooded areas, floodplains, natural drainage areas, watercourses, ponds, lakes, stream corridors, riparian lands, wetlands, marshlands, wildlife habitats, archeological sites, and steep slopes.
RESTAURANT Any establishment, however designated, at which food is sold for consumption on the premises, normally to patrons seated within an enclosed building. Uses with outdoor seating shall also be considered restaurants. However, a snack bar at a public or community playground, playfield, park, school, or swimming pool operated solely by the agency or group operating the recreation facilities, and for the convenience of patrons of the facility, shall not be deemed to be a restaurant.
RESTAURANT, DRIVE-IN An establishment where the patrons may 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, and where additional seats or other accommodations are provided for on-site consumption.
RESUBDIVISION (1) the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or (2) the alteration of any streets or the establishment of any new 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.
RETAIL SERVICE OR TRADE One (1) or more establishments providing services, entertainment, goods, products or merchandise to the general public and to others for personal or household consumption.
RETAINING WALL A structure more than eighteen (18") inches high erected between lands of different elevation to protect structures and/or to prevent the washing down or erosion of earth from the upper slope level.
REVETMENT A facing of stone, concrete, etc., built to protect a scarp, embankment, or shore structure against erosion by wave action or current.
ROOMING HOUSE The same as "Boarding or Lodging House."
SAND DUNES Naturally occurring accumulations of sand in ridges or mounds landward of the beach. [Ord. No. 2009-2989 § 1]
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."
SCIENTIFIC RESEARCH LABORATORY A building or group of buildings in which activities are limited to experiment, testing, and other forms of research such as product design and development, provided that the use shall not include any processing or manufacturing except as may be incidental to the research or testing process. There shall be no commercial production of goods, materials, or any other substances for sale, except as may be produced by a small pilot facility necessary to the research activity.
SCREENING Any concentration or grouping of trees or shrubbery as may be required by this Chapter. Screening may also include fences and walls.
SEAWALL A wall or embankment to resist encroachment of the sea.
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 transport and depositing of solid material by water.
SERVICE ACCESS That portion of any required yard area which is set aside for the sole purpose of access from the road adjoining the premises to the loading or unloading area on the premises, to service the building erected for the use conducted thereon.
SETBACK The horizontal distance between any front, side or rear lot line, measured perpendicular to such lot lines and the required setback line. Includes street rear and street side setbacks.
SETBACK LINE (BUILDING LINE) The line beyond which a building shall not extend unless otherwise provided in this Chapter.
SEXUALLY EXPLICIT The visual depiction of specified anatomical areas and/or specified sexual activities. For the purpose of this Ordinance, specified anatomical areas and specified sexual activity are defined as follows:
SPECIFIED ANATOMICAL AREAS - And includes, (1) less than completely and opaquely covered human genitals, pubic region, buttocks, anus or breasts below a point immediately above the top of the areolae; (2) human genitals in a discemible turgid state or state of arousal even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES - And includes. (1) the fondling or erotic touching of the human genitals, pubic region, buttocks, anus or breasts; (2) sex acts, actual or simulated including sexual intercourse, oral copulation, or sodomy; (3) masturbation, actual or simulated; or (4) excretory functions as part of or in connection with any of the activities contained herein.
SHADE TREE ADVISORY COMMITTEE The Shade Tree Advisory Committee of the Township of Middletown, established pursuant to Revised General Ordinances of the Township of Middletown. (The Shade Tree Advisory Committee was repealed by Ord. No. 99-2567]
SHED An enclosed, accessory structure with a height, not to exceed sixteen (16') feet at its highest point, and to be used for the storage of incidental household tools and equipment but not to be utilized for the storage of automobiles.
SHOPPING CENTER An integrated development of such uses as retail stores and shops, personal service establishments, professional and business offices, banks, post offices, restaurants, and auditoriums, housed in an enclosed building or buildings, utilizing such common facilities as customer parking, pedestrian walkways, truck loading and unloading space, utilities and sanitary facilities.
SIGHT TRIANGLE The triangular area intended to remain free of visual obstructions to prevent potential traffic hazards formed by two (2) intersecting street lines or the projection of such lines which border a corner property, and by a line connecting a point on each such line located a designated distance from the intersection of the street lines.
SIGN A name, identification, description, display, illustration or any other device observable from out-of-doors, which is affixed to, painted on, or represented directly or indirectly upon a building, structure, or piece of land and which directs attention to an object, product, place, activity, person, institution, organization, or business, regardless of whether such device is located indoors or outdoors. Lighting used to outline any part of a building shall be deemed to be a sign. However, a sign shall not include any display of official court or public office notices, any official traffic control device, nor any flag, badges, banners, or insignia of any public, quasi-public, civic, charitable, or religious group.
SIGN, ADVERTISING A sign which directs attention to a business, commodity, or service conducted, sold or offered elsewhere than on the premises where the sign is located.
SIGN AREA The area defined by the outside edge of the frame surrounding the sign or by the edge of the sign if no frame exists. Where no frame or edge exists, the area shall be defined by a projected enclosed four-sided (straight lines) geometric shape which most closely outlines the sign.
SIGN, BUSINESS A sign which directs attention to a business or profession conducted on, or to a commodity service or entertainment sold or offered upon the premises where such sign is located.
SIGN, ELECTRONIC MESSAGE CENTER (EMC) A sign that utilizes computer-generated messages or some other electronic means of changing copy. These signs may include but are not limited to displays using incandescent lamps and light emitting diodes (LED). [Ord. No. 2013-3095 § 1]
SIGN FACADE Any sign placed or inscribed upon the face of a building.
SIGN, FREESTANDING Any sign supported by uprights or braces placed upon the ground and not attached to any building.
SIGN, MONOCHROMATIC An electronic message center sign that displays a message that appears to be made up of no more than one (1) color at a given time. [Ord. No. 2013-3095 § 1]
SINGLE-FAMILY DEVELOPMENT SHAFT Land development consisting of detached single-family dwellings, each individually located on its own, fee simple lot. [Ord. No. 2002-2705]
SITE Any plot, parcel or parcels of land.
SITE PLAN A development plan of one (1) or more lots on which is shown (1) the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes, and waterways, (2) the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices, and (3) any other information that may be reasonably required in order to make an 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.
SOIL All unconsolidated mineral and organic material of any origin and overlies bedrock and which can be readily excavated.
SOIL CONSERVATION DISTRICT The Freehold Soil Conservation District, a governmental subdivision of the State which encompasses Middletown Township and which was organized in accordance with the provisions of Chapter 24, Title 4, N.J.S.A. 4:24-2 et seq.
SOLID WASTE Garbage, sludge, refuse, trash, rubbish, debris or other discarded solid materials.
SPECIAL FLOOD HAZARD AREA The land area covered by the floodwaters of the base flood. [Ord. No. 2012-3073 § 1]
STANDARDS OF PERFORMANCE (1) standards, requirements, rules and regulations adopted by this Chapter pursuant to N.J.S.A. 40:55D-65(d) regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke, and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the Township or (2) required by applicable Federal or State laws or Township agencies.
START OF CONSTRUCTION For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. No. 97-348) includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as clearing, grading and filling nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Ord. No. 2009-2989 § 1]
STEEP SLOPES Areas where the average slope is fifteen (15%) percent or greater as measured over a ten (10') foot interval. Steep slopes which are twenty-five (25%) percent or greater shall be considered critical slopes.
STREET REAR YARD A yard on a through lot which is coexistent with a street and does not fulfill the criteria of a front yard (See Section 16-506, Corner Lots).
STREET SIDE YARD A yard on a corner lot which is coexistent with a street and does not fulfill the criteria of a front yard (See Section 16-506, Corner Lots).
STORY That part of a building between the surface of any floor and the next floor above it, or in its absence, then the finished ceiling or roof above it. A "splitlevel" story shall be considered a secondary story if its floor level is six (6') feet or more above the level of the line of the finished floor next below it except a cellar. Any floor under a sloping roof at the top of a building which is more than two (2') feet below the top plate shall be counted as a story and if less than two (2') feet below the top plate, it shall be counted as half-story provided not more than sixty (60%) percent of the floor area is used for rooms, baths or toilets, otherwise, it shall be counted as that fraction of a story which its floor area in rooms, baths or toilets bears to the entire floor area.
STORY-HALF An habitable attic that has a stairway as a means of access and egress and in which the ceiling area at a height of seven (7') feet above the floor constitutes not more than one-third (1/3) of area of the next floor below. [Ord. No. 2005-2815]
STREAM CORRIDORS Those areas which include the floodway and permanent channel of brooks and streams.
STREET Any street, highway, avenue, boulevard, road, parkway, viaduct, alley, drive, or other way (1) which is an existing State, County or municipal roadway, or (2) which is shown upon a plat heretofore approved pursuant to law, or (3) which is approved by official action as provided by N.J.S.A. 40:55D, or (4) which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and grant to such Board 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. (Streets are classified by function and type by Section 16-641)
STREET - IMPROVED A street surfaced with an all-weather pavement which meets the criteria for street design and construction contained in Section 16-641 of this Chapter.
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 Middletown, the street line shall be considered to be the proposed right-of-way line for the street. Where a definite right-of-way has not been established, the street line shall be assumed to be at a point twenty-five (25') feet from the center line of the existing pavement.
STREET - UNIMPROVED A street that does not have an all-weather pavement in accordance with Section 16-641 "Street Design and Construction." An unimproved street could be constructed of loose gravel, any type of loose stone, or generally, any type of material that is not solidified and will not repel water or maintain a stable cross-section. In the event that the Construction Official or other 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."
STRUCTURAL RETAINING WALL A retaining wall three (3') feet in height or greater, constructed of heavy creosote timber or logs (a.k.a. "railroad ties"), or reinforced concrete, other reinforced masonry or of other acceptable construction, and required in order to prevent collapse or erosion because the property to be retained is at a natural grade higher than that of the property toward which the wall faces. [Ord. No. 2010-3002 § 3]
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 and including, among other things: display stands; fences and walls, gasoline pumps, gates and gate posts, mobile dwellings, manufactured home, a gas or liquid storage tank, outdoor bins, pergolas, platforms, pools, porches, reviewing stands, sales stands, signs, stadiums, staging, standpipes, tanks of any kind, tents, towers of any kind, including radio and television towers and antenna trellises. The word structure, shall be construed as though followed by the words or part thereof. [Ord. No. 2009-2989 § 1]
STUDIO APARTMENT The same as "Efficiency Apartment."
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 (2) or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this Chapter, if no new streets are created: (1) 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 (5) acres or larger in size, (2) divisions of property by testamentary or intestate provisions, (3) division of property upon court order including, but not limited to, judgments of foreclosure, (4) consolidation of existing lots by deed or other recorded instrument, and (5) the conveyance of one (1) or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the Administrative Officer to conform to the requirements of the development regulations contained in this Chapter for frontage on an improved street, zoning district regulations, and for design standards and improvement specifications; and further provided that each lot, tract, or parcel of land is shown and designated as separate lots, tracts, or parcels on the Official Tax Map of the 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." (Ref. MLUL)
SUBDIVISION COMMITTEE A committee of at least three (3) Planning Board members appointed by the Chairman of the Board for the purpose of classifying subdivisions in accordance with the provisions of this Chapter and having such further duties relating to land subdivision as may be conferred on this Committee by the Board.
SUBSTANTIAL DAMAGE Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50%) percent of the market value of the structure before the damage occurred. [Ord. No. 2009-2989 § 1]
SUBSTANTIAL IMPROVEMENT
1. Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50%) percent of the market value of the structure either:
(a) Before the "start of construction" of the improvement or repair is started, or
(b) If the structure has been damaged and is being restored, before the damage occurred.
2. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration effects the external dimensions of the structure. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed The term does not, however, include either:
(a) Any project for improvement of a structure to correct existing violations of or to comply with existing State or local health, sanitary or safety code specifications which have been identified by the local Code Enforcement Officer and which are the minimum necessary to assure safe living conditions, or
(b) Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure." [Ord. No. 2009-2989 § 1]
SUBSTANTIVE CERTIFICATION A determination by the Council approving a municipality's housing element and fair share plan in accordance with the provisions of the Act and the rules and criteria as set forth herein. A grant of substantive certification shall be valid for a period of six (6) years in accordance with the terms and conditions contained therein.
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 A swimming pool that is operated for profit and open to the public or a limited number of members and their guests, upon payment of an hourly, daily, weekly, monthly or annual fee.
SWIMMING POOL, PRIVATE A swimming pool which does not meet the definition of commercial or public swimming pools, and shall include in-ground pools and aboveground pools.
SWIMMING POOL, PUBLIC A swimming pool that is accessory to another use such as a hotel, motel, multi-family residential development or single-family planned unit development for exclusive use of the residents or occupants therein, and their guests. Also includes private clubs.
TATTOO PARLOR An establishment whereby a person's skin is marked or colored by pricking it by subcutaneous introduction of nontoxic dyes or pigments so as to form indelible marks, figures or art work, or by production of scars.
TEMPORARY PRODUCE SALES STRUCTURES A portable or semiportable table, platform or structure from which fruits, vegetables, or similar agriculture products are intended to be sold at retail to passing motorists or pedestrians.
TEMPORARY STORAGE STRUCTURE Any form of covered or enclosed area, including tents, canopies, portable storage units and sheds that is movable or readily dismantled, utilized to store gardening equipment, farm equipment, automobiles, or other materials that otherwise does not require a building permit or zoning approval. Such structures shall not be permitted to be placed within the required front yard or street side or street rear setback in any zone. Where such structures are necessary upon determination by the Construction Official, due to permits having been issued for construction or repair work being conducted on a property, such structures shall be permitted without having to comply with the setback limitations specified herein. However such structures shall be removed upon completion of such work. [Ord. No. 2006-2879 § 2]
TIDELANDS Lands which are washed by tidal flows in accordance with the NJDEP&E Tideland Council maps which are on file with the NJDEP&E and Township Clerk.
TOWNHOUSE One (1) dwelling unit from ground to roof, an attached or semi-detached dwelling, located in groups or rows, with common party walls, and two (2) means of access and egress at grade level, on an individual lot or designated lot area, generally rectangular in shape, within a development or tract of land. Townhouses may also include building types such as, but not limited to, patio houses and atrium houses.
TOWNSHIP The Township of Middletown.
TRACT An area of land consisting of one (1) 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."
TRACT AREA, GROSS The total area of land, determined by a certified boundary survey, excluding any public rights-of-way and/or lands shown as part of another previously approved or designated permanent open space.
TRANSCRIPT A typed or printed verbatim record, or reproduction thereof, of the proceedings of the Municipal Agency.
UNIFORM CONSTRUCTION CODE The New Jersey Uniform Construction Code. N.J.S.A. 40A: 12-27 (5.23-1.1 et seq.)
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.
UTILITIES Essential services including, but not limited to sewers, water, electricity, gas, and telephone, regulated by the State of New Jersey or by the Federal government.
VARIANCE Permission to depart from the literal requirements of zoning regulations of this Chapter. [Ord. No. 2009-2989 § 1]
VARIETY STORE A retail store that carries a wide range of merchandise typically offered at a low unit value. However, all merchandise offered for sale must be permitted in the zone in which the variety store is located.
VERTICAL PARKING GARAGE A multi-level structure constructed for use as a facility for vehicular parking or storage. The levels can be above or below grade or both but in no case shall exceed the maximum height limitation for the district in which it is located.
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 or canal for the conveyance of water, particularly drainage lands.
WATER-DEPENDENT DEVELOPMENT Developments such as commercial fishing marinas and public waterfront recreation that cannot physically function without direct access to the water body along which it locates.
WETLANDS (TIDAL) Areas known as marshes, swamps or other lowland subject to tidal action from the Sandy Hook Bay, Navesink River, or any area now or formerly connected to tidal waters, whose surface is at or below an elevation of one (1') foot above local extreme high water and of which vegetation unique to tidal marshes, swamps or lowlands has become adapted. This definition shall include, but is not limited to, all the mapped New Jersey State Wetlands.
WETLANDS (NONTIDAL) Areas known as marshes, swamps, or other saturated lowland, wherein standing water is retained for twenty-four (24) or more consecutive hours and to which vegetation unique to such marshes, swamps, or wetlands has become adapted. This definition shall include, but is not limited to, all the mapped New Jersey State Wetlands.
WOODED AREAS Any area within a tract covered by trees, woods or forests, including closely grouped or stands of ten (10) or more mature or specimen trees of six (6")-inch caliper or greater, or individual shade and specimen trees of twelve (12")-inch caliper or greater, or individual ornamental trees of four (4")-inch caliper or greater.
YARD The distance between a property line and the nearest point of a structure. Includes front yard, rear yard, street rear yard, side yard, and street side yard.
ZERO LOT-LINE HOUSE A single-family, fully detached residence located on an individual lot which is set on one (1) side lot line. House windows are prohibited in that wall of the house on the lot line. Either a five (5') foot maintenance easement shall be provided for the neighboring property or the lot line house may be set back five (5') feet from the line and a recreation, planting, and use easement may be granted to the adjacent lot owner.
ZONE The same as "District."
ZONING OFFICER The official of Middletown designated to enforce the provisions of this Chapter. The Zoning Officer shall also be the Administrative Officer in matters pertaining to Sections 16-528.A.4, 16-528.B, 16-529 and 16-402.
ZONING PERMIT The same as "Development Permit."
