Any word or term not defined herein shall be as defined in the Municipal Land Use Law, N.J.S.A., 40:55D1 et seq., or shall be utilized in standard usage for the context in which the word is used. In interpreting this Article words in one tense shall include other tenses or derivative forms; words in the singular shall include the plural and in the plural, the singular; either gender shall include the other; the word "shall" is mandatory; the word "may" is permissive; the word 'fused" shall include "arranged," "designed," "constructed," "altered," "converted," "rented," "leased," or "intended to be used"; the word "lot" includes the words "plot," and "premises".
The following definitions shall have the meanings indicated:
ABANDONED SIGN - A sign shall be considered abandoned when the business activity or firm which such sign advertises is no longer in operation.
**Webmasters Note: The previous definition has been added as per Ordinance No. 08-44.
ABANDONMENT - The relinquishment of property, or cessation of the use of the property, by the owner or lessee without any intention of transferring property rights to another owner or of resuming the use of the property.
ACCESSORY APARTMENT - A self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters, and a private entrance, which is created within an existing residence or by an addition to an existing residence or accessory building.
ACCESSORY STRUCTURE - A structure or building detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use. Where a structure is attached to a principal building by a breezeway, roof, common wall, or the like, such a structure shall be considered part of the principal building.
ACCESSORY USE - A use of land or of a structure or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.
ACRE - A measure of land area containing 43,560 square feet.
ADAPTIVE RE-USE - The development of a new use for a building or site. Adaptive re-use is not to be construed to permit the commencement of a use that is not allowed in a particular zone district.
ADDITION - any extension or increase in the size, floor area or height of a building or structure.
ADMINISTRATIVE OFFICER - The Neptune Township Zoning Officer, or the Zoning Officer's designee.
ADULT ENTERTAINMENT USE - An establishment consisting of, including, or having the characteristics of any or all of the following:
1. adult bookstore - An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, publications, tapes, or films that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
2. adult cabaret - (1) An establishment devoted to adult entertainment, either with or without
a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas; (2) a cabaret that features topless dancers, go-go dancers, strippers, or similar entertainers for observation by patrons.
3. adult mini motion picture theater - An enclosed building with a capacity for less than fifty persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
4. adult motion picture theater - An enclosed building with a capacity for fifty or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
ADULT RETIREMENT COMMUNITY - A planned development or portion of a planned unit development that emphasizes social and recreational activities, personal services, limited health facilities, and transportation. An adult retirement community shall be designed for adults aged at least fifty-five (55) years for one resident of each eighty percent (80%) of the total units, provided that significant facilities and services for the elderly are provided.
**Webmasters Note: The definition for Advertising Billboard Sign has been deleted as per Ordinance No. 15-28.
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 1 percent (1%) or greater chance of being equaled or exceeded in any given year. (100 Year Flood Event)
ADVISORY 0.2 PERCENT (0.2%) ANNUAL CHANCE FLOOD ELEVATION (AACFE) (500 YEAR FLOOD EVENT) . The coastal water service elevation of a flood having a 0.2 percent (0.2%) annual chance of being equaled or exceeded in any given year. It is expressed in feet referenced to the North American Vertical Datum of 1988 (NAVD 88).
ADVISORY FLOOD HAZARD AREA (AFHA)AREA OF SPECIAL FLOOD HAZARD (ASFH) . The land in the floodplain within a community subject to flooding from the 1 percent (1%) annual chance event, or 0.2 percent (0.2%) annual chance event depicted on the Advisory Flood Hazard Map.
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.
ADVISORY FLOOD HAZARD ZONE A . Is comprised of the areas subject to storm surge flooding from the 1 percent (1%) annual chance coastal flood. These areas are not subject to high velocity wave action, but are still considered high risk flooding areas.
ADVISORY FLOOD HAZARD ZONE V . Is comprised of areas subject to high velocity wave action (a 3 foot breaking wave) from the 1 percent (1%) annual chance coastal flood. Zone V is subject to more stringent building requirements that other zones because these areas are exposed to a higher level of risk.
**Webmasters Note: The previous definitions, Advisory Base Flood Elevation (ABFE) through Advisory Flood Hazard Zone V, have been added as per Ordiannce No. 13-11.
ALLEY - A thoroughfare less than thirty (30) feet in width dedicated for the public use of vehicles and/or pedestrians, which may afford access to property, but is not intended for general traffic circulation.
ALTERATION OF BUILDING - Any change in the supporting members of a building, bearing walls, columns, beams, girders, or interior partitions, or any addition to or diminution of a building, including the addition, modification, removal or replacement of exterior elements, including but not limited to siding, roofing, windows, doors, trim, cornices, eaves, gutters, finials, moldings, railings, arches, cupolas, or other decorative ornamentation. [NOTE: The previous definition has been amended per Ordinance No. 02-41]
ANTENNA - Any exterior apparatus designed for telephonic, radio or television communications through the sending and/or receiving of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunication signals or other communication signals. Parabolic dish antennas used for satellite communications shall not be included within this definition.
APPLICANT - person, partnership, corporation or public agency requesting permission to engage in land development/soil removal/tree removal activity.
APPROVING AUTHORITY - The Planning Board, Zoning Board of Adjustment or Historic Preservation Commission of the Township of Neptune.
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 a given year.
AS-BUILT SURVEY - A property survey prepared and certified by a licensed land surveyor to reflect the actual location of structures and other improvements constructed on a property.
ASSISTED LIVING FACILITY - A facility that is licensed by the New Jersey Department of Health to provide apartment-style housing and congregate dining for four or more adult persons unrelated to the proprietor.
AUTOMATIC CAR WASH - A structure containing facilities for washing automobiles and automatic or semi-automatic application of cleaner, brushes, rinse water, and heat for drying.
AUTOMOBILE DEALERSHIP - A facility that displays and/or sells new and/or used motor vehicles of any type.
AUTOMOTIVE BODY REPAIR AND PAINTING FACILITY - Any building, land area or premises, or portion thereof, used primarily for auto body work, welding and painting.
AUTOMOTIVE DETAILING SHOP - Any building, land area, or other premises, or portion thereof, used by a business establishment primarily engaged in manually cleaning, washing, detailing and/or waxing motor vehicles. [NOTE: The previous definition has been added per Ordinance No. 03-035]
AUTOMOTIVE FUELING STATION - Any building, land area, or other premises, or portion thereof, used for the retail sale and direct delivery of fuel and lubricating oil to motor vehicles. The term "automotive fueling station" shall be synonymous with "gasoline fueling station", "gasoline station" and "gas station". [NOTE: The previous definition has been added per Ordinance No. 03-035]
AUTOMOTIVE SERVICE STATION - Any building, land area, or other premises, or portion thereof, used by a business establishment engaged in (a) general mechanical and electrical repair and maintenance services for automotive vehicles, such as passenger cars, trucks, and vans, and all trailers or (b) engine repair and replacement; but specifically excluding automotive body repair and painting facilities, and automatic car washes. Automotive service stations include all those establishments engaged in any specialized category (or combination of categories) of general automotive repair and maintenance services, such as but not limited to: oil change and lubrication shops (a.k.a. quick lube shops), transmission repair shops, exhaust system repair shops, automotive audio equipment and accessory installation shops, automotive detailing shops, automotive glass replacement shops, tire installation and re-treading services etc. [NOTE: The previous definition has been amended per Ordinance No. 03-035]
AWNING - Any structure made of cloth, canvas or vinyl, with a frame attached to a building or other structure which may be raised to a position against the building or structure when not in use.
BALCONY - An open air structure attached to a building in some cases in a cantilevered manner, without a roof, and located above the first floor level (in a split level house, this would be above the second, or middle level). The edges of the balcony shall have a railing and the structure shall meet the setback requirements for the building to which it is attached. Balconies shall not project more than eight (8) feet from the building and shall not exceed more than one hundred fifty (150) square feet in area per 30 foot of lot frontage. For purposes of this Chapter, an open air structure supported from the ground is considered a "deck" when not situated directly above an open air covered porch.
**Webmasters Note: The previous definition has been added as per Ordinance No. 07-11.
BANK - A financial organization that provides direct banking services including but not limited to walk-up tellers, accessory drive-through areas and automatic teller machines.
BANNERS, PENNANTS OR BUNTING - Temporary announcement device constructed of cloth, canvas, fabric or other light material.
BAR - Premises used primarily for the sale or dispensing of liquor by the drink for on-site consumption and where food may be available for consumption on the premises as accessory to the principal use.
BASEMENT - Any area of a building having its floor located at or below a grade level on all sides.
BED AND BREAKFAST - an owner-occupied facility providing sleeping or dwelling accommodations and a morning meal to transient guests for compensation.
BED AND BREAKFAST GUESTHOUSE - a bed and breakfast designed to accommodate at least six (6) guests and not more than fifteen (15) guests.
BED AND BREAKFAST HOMESTAY - a bed and breakfast designed to accommodate five (5) or fewer guests.
**Webmasters Note: The definition for Billboard has been deleted as per Ordinance No. 08-44.
BILLBOARD, DIGITAL - A billboard which displays digital messages which advertises goods, products, services or facilities not conducted upon the premises where the sign is located.
**Webmasters Note: The previous definition has been added as per Ordiannce No. 15-28.
BOARD OF JURISDICTION - The Planning Board of the Zoning Board of Adjustment, as the case may be.
BOATYARD - A designated area for the temporary storage of watercraft.
BREAKAWAY WALL - A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
BUILDING - Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind.
BUILDING COVERAGE - The percentage of the lot area that is covered by building area, which includes the total horizontal area when viewed in plan.
BUILDING ENVELOPE - An area, generally described by building setback lines, depicting the area within which the building(s) can be constructed.
BUILDING FOOTPRINT - The horizontal area contained within the outer dimensions of the foundation walls of a building.
BUILDING HEIGHT . The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the mean height of the roof. In a Special Flood Hazard Area, the building height shall be measured from the Advisory Base Flood Elevation or Advisory 0.2 Percent (0.2%) Annual Chance Flood Elevation, whichever is more restrictive.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 13-11.
BUILDING LINE - A line formed by the intersection of an exterior wall of a building with the ground.
BUILDING LINE, FRONT - A line parallel to the front yard line touching that part of a principal building closest to the front yard line, not including the dimensions of a porch structure.
CANOPY - Any structure, other than an awning or marquee, made of cloth, plastic, metal or other substance and providing a roof-like shelter.
CANOPY, AUTOMOBILE SERVICE STATION - A roofed, accessory structure with open sides located on the same lot as an automobile service station.
CELLAR - See "basement."
CEMETERY - Property used for interring of the dead.
CERTIFICATE OF APPROPRIATENESS - a document issued by the Historic Preservation Commission approving any preservation, restoration, rehabilitation or alteration of property dealing with construction, demolition, additions, removals, repairs or any feature for any existing or new construction.
CERTIFICATE OF COMPLETENESS - A document issued by the administrative officer specifying that an development application has met the submission requirements set forth in this Chapter.
CHANGE OF USE - Any use that substantially differs from the previous use of a building or land.
CHANNEL - The area between the top of the banks of any watercourse, with or without continuous flow, wherein surface waters are contained under conditions less than flood stage. This area shall also consist of lands lying between two (2) or more branches of the same watercourse.
CHILD CARE CENTER - An establishment licensed by the Department of Human Services pursuant to N.J.S.A. 30:5B-1, et seq., providing for the care, supervision and protection of children.
CLEAR CUTTING -The removal of all standing trees on a lot or portion of a lot.
COAH - the New Jersey Council on Affordable Housing
CO-LOCATION - When two (2) or more receiving and/or transmitting facilities are placed together in the same location or on the same antenna support structure.
COMMERCIAL RECREATION FACILITY - A facility designed and equipped for the conduct of leisure, sport or other recreational activities operated as a business, for-profit, and open to the public for a fee.
COMMERCIAL VEHICLES - Any commercially registered vehicle except a passenger car. Vehicles normally associated with a commercial use, but not registered for commercial use, shall be deemed commercial vehicles.
COMMON OPEN SPACE - A parcel of land or an area of water, or a combination of land and water within that part of a townhouse development site that has been designated for the use or enjoyment of residents and owners of the townhouse development. Common open space may contain such non-residential recreational structures, improvements and landscaping as are necessary or appropriate for use by the residents.
COMMON OWNERSHIP - Ownership of two (2) or more contiguous lots of real property by one (1) person or persons.
COMMUNITY CENTER - A building used for recreational, social, educational and cultural activities, open to the public or a designated part of the public, usually owned and operated by a public or non-profit group or agency.
COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIES - A community residential facility licensed pursuant to P.L. 1977, c.448(C. 30:11 B-1 et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than fifteen (15) persons with head injuries, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not limited to: group homes, halfway houses, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility with the meaning of the Health Care Facilities Planning Act, P.L. 1971, c.136(C. 26:2H-1 et seq.).
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED - Any community residential facility licensed pursuant to P.L. 1977, c. 448 (C. 30:11 B-1 et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than fifteen (15) developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, half-way houses, intermediate care facilities, supervised apartment living arrangements and hostels. Such a residence shall not be considered a health care facility within the meaning of the Health Care Facilities Planning Act, P.L. 1971, c.136 (C. 26:2H1 et seq.). In the case of such a community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services. As used in this chapter, developmentally disabled person means a person who is developmentally disabled as defined in Section 2 of P.L. 1977, c.448 (C. 30:11 B-2), and mentally ill person means a person who is afflicted with a mental illness as defined in R.S. 30:4-23, but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.
COMMUNITY RESIDENCE FOR THE TERMINALLY ILL - Any community residential facility operated as a hospice program providing food, shelter, personal guidance and health care services, under such supervision as required, to not more than fifteen (15) terminally ill persons.
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 Department of Human Services pursuant to P.L. 1979, c.337(C.30:14-1 et seq.), 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.
CONDITIONAL USE - a use permitted in a particular zone district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this Chapter, and upon the issuance of an authorization therefore by the Planning Board.
CONSERVATION EASEMENT - The grant of a property right stipulating that the described land will remain in its natural state and precluding future or additional development.
CONSTRUCTION OFFICIAL - the chief administrative Construction Official for the Township.
CONVERSION - Alteration in an existing residential structure resulting in an increase in the number of dwelling units.
CURBLINE - A stone, concrete or other improved boundary marking the edge of a roadway or paved area.
DECK - An above grade, unroofed structure without walls that is attached to a residential dwelling unit, twelve (12") inches or more above grade.
DEMOLITION - the partial or total razing, dismantling or destruction of any building or of any improvement within the Township and/or the Historic Districts.
DENSITY, GROSS - The permitted number of dwelling units per total area of land to be developed.
DESIGN CRITERIA AND GUIDELINES - the Historic Preservation Guidelines of the Township.
DEVELOPER - the legal or beneficial owner or owners of a lot or of any land proposed for 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 of use of land.
DEVELOPMENT FEES - money paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted in COAH's rules.
DIAMETER AT POINT OF MEASUREMENT - The diameter of a tree measured four and one-half (4-1/2') feet (forestry method) above the ground level on the downhill side for existing trees. Trees utilized in the replacement of existing trees or proposed as part of a landscape plan, shall be measured twelve (12") inches above ground level for trees over a four (4") inch caliper. The measurement shall be six (6") inches above grade for trees up to four inch (4") caliper (nursery method). Diameter at point of measurement may appear as the abbreviation "DPM".
DISTRIBUTION FACILITY - An establishment engaged in the receipt, storage and distribution of goods, products, cargo, and materials, including transshipment by rail or motor vehicle.
DISTURB - to dig, dredge, excavate, remove, deposit, grade, clear, level, fill or otherwise alter or change the location or contour of land or otherwise cause land to be exposed to the dangers of erosion.
DORMER - A structure projecting from a sloping roof, containing a window or a vent.
**Webmasters Note: The previous definition has been added as per Ordinance No. 15-28.
DRIPLINE - A limiting line established by a series of perpendicular drop points marking the maximum radius of the crown of an existing tree,, but not less than six (6') feet from the trunk, whichever is greater.
DRIVE THROUGH FACILITY - An establishment that by design, physical facilities, service or by packaging procedures encourages or permits customers to receive service or obtain goods while remaining in their motor vehicles.
DRIVEWAY - A private right-of-way providing access for motor vehicles to a garage, dwelling or other building from a street or other right-of-way.
DUPLEX - A two-unit dwelling sharing a common vertical separation with independent means of ingress and egress for each unit.
DWELLING UNIT - A building or entirely self-contained portion thereof intended or designed for non-transient residential use of a single housekeeping unit, (A) separated from all other spaces by lockable doors, (B) having access to the outside without crossing another dwelling, (C) having any cooking facilities, fixed or portable, or food refrigeration facilities, and (D) having any sanitary facilities. A house trailer, a boarding or rooming house, convalescent home, fraternity or sorority house, hotel, inn, lodging, nursing, or other similar home, or other similar structure shall not be deemed to constitute a dwelling unit.
DWELLING UNIT, APARTMENT - Either, (a) a dwelling unit within a multi-family dwelling (see definition for dwelling, multi-family); or (b) a dwelling unit fully contained within the same building that is also designed, arranged, occupied, maintained and/or devoted to a nonresidential use(s). The term "apartment" shall be synonymous with "apartment dwelling unit". [NOTE: The previous definition has been amended per Ordinance No. 03-035]
DWELLING UNIT, REHABILITATED - A previously substandard dwelling unit, as further defined herein, which has undergone significant renovation to meet municipal or other applicable housing code standards. Upon rehabilitation of a substandard dwelling unit, housing deficiencies shall be corrected and the house shall be brought up to code standard. The standard for evaluating rehabilitation activity of a substandard dwelling unit shall be the local property maintenance code, or, if none is available, the BOCA Property Maintenance Code, in effect at the time of evaluation. The rehabilitation activity shall not include luxury improvements, the purchase of appliances (with the exception of stoves) or improvements that are strictly cosmetic. A rehabilitated unit is considered complete at the date of final inspection.
DWELLING UNIT, SINGLE-FAMILY DETACHED - A structure containing a single housekeeping unit that is not attached to any other dwelling unit by any means.
DWELLING UNIT, SUBSTANDARD - A dwelling unit with health and safety code violations that require the repair or replacement of a major system. A major system shall include weatherization, a roof, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems) and/or a load bearing structural system.
DWELLING UNIT, TOWNHOUSE - A one-family dwelling in a row of at least three (3) such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
DWELLING UNIT, TWO-FAMILY - A building on a single lot containing two (2) dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
DWELLING, MULTIFAMILY - A building containing three (3) or more dwelling units, including units that are located one over the other.
EARLY CHILDHOOD EDUCATION CENTER - A public education facility as defined by the New Jersey Department of Education. [NOTE: The previous definition has been added per Ordinance No. 02-14]
EASEMENT - A grant of one (1) or more of the property rights by the property owner to another person or entity, and/or for the use by the public or a corporation.
ELEVATED BUILDING - A non-basement building: (A) built in an Area of Special Flood Hazard to have the top of the elevated floor or when in a Coastal High Hazard Area to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by the means of piling, columns (posts or piers), or shear walls parallel to the flow of the water; and (B) adequately anchored so as to not impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In an Area of Special Flood Hazard elevated buildings shall also include 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 building shall also include a building otherwise meeting the definition of elevated building, even though the lower area is enclosed by means of breakaway walls.
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 issuance of a construction permit may be obtained utilizing estimates for construction costs. Final equalized assessed value will be determined at project completion by the municipal tax assessor.
EROSION - detachment and movement of soil or rock fragments by water, wind, ice or gravity.
EXCAVATION OR CUT - any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.
EXTENDED STAY LODGING FACILITY - A lodging establishment designed and intended for the temporary lodging of business travelers which includes a cooking area and related appurtenances in every room, which has limited maid service, front desk and reception services but which does not include restaurants, conference facilities or retail/convenience stores.
EXTERIOR ALTERATION - Any change in the exterior architectural features of a building or any other structure including repainting, additions or the demolition of part of a building excepting repainting the structure the same color for maintenance purposes.
EXTERIOR ARCHITECTURAL FEATURE - Any element of the architectural style, design or general arrangement of a structure that is visible from the outside including, but not limited to, the style and placement of all windows, doors, gutters, driveways, porches, railings, steps, lighting, the roof, type, color and texture of the building material, signs and decorative elements including landscaping, fences, curbs and sidewalks.
FAA - Federal Aviation Administration.
FAMILY - A single, non-profit housekeeping unit, which bears the generic character of a relatively stable and permanent functioning unit.
FAMILY DAY CARE HOME - Any private residence approved by the Division of Youth and Family Services or an organization with which the division contracts for family day care and which is operated in accordance with N.J.S.A. 40:55D-66.4 et seq.
FCC - Federal Communications Commission.
FENCE - A barrier of any material or combination of materials erected to enclose, screen or separate areas.
FINAL APPROVAL - The official action of the Planning Board or Zoning 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.
FLOOD FRINGE AREA - That portion of the flood hazard area outside of the floodway which is subject to less severe flooding.
FLOOD HAZARD AREA - The flood hazard area shall consist of the floodway and flood fringe area, being the areas that are subject to flooding.
FLOOD INSURANCE RATE MAP (FIRM) - 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 Township.
FLOOD INSURANCE STUDY - The official report provided in which the Federal Insurance Administration has provided flood profiles, as well as Flood Boundary-Floodway Map and the water surface elevation of the base flood.
FLOOD OF RECORD - The greatest flood in a given area for which accurate records are available and/or as determined by the New Jersey State Department of Environmental Protection.
FLOOD OR FLOODING - A general and temporary condition of partial or complete inundation of normally dry land areas from (A) the overflow of inland or tidal waters and/or, (B) the unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD PLAIN - Same as the flood hazard area.
FLOOD, DESIGN - Design flood (floodway or flood hazard area) is the relative size or magnitude of a flood, expressed as a design discharge in cubic feet per second, which is developed from hydrologic criteria, represents a major flood of reasonable expectancy, reflects both flood experience and flood potential, and is the basis of the delineation of the floodway and the flood hazard area and of the water surface elevations thereof.
FLOODWAY - The channel of a river or other water-course and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.
FLOOR AREA - The sum of the gross horizontal areas of all the floors of the building or buildings on a lot measured from the exterior faces of exterior walls equal to or in excess of 7'-6" or from the center line of party walls separating two (2) buildings, excluding cellar and basement areas used only for storage or the operation and maintenance of the building.
FLOOR AREA RATIO (F.A.R) - The floor area in square feet of all buildings on a lot divided by the area of such lot in square feet.
FLOOR AREA, LIVABLE - All finished spaces within the exterior walls of a dwelling exclusive of garages, breezeways, unheated porches, cellars and basements having a window area of less than ten percent (10%) of the square foot area of the room. Usable floor area shall include all finished spaces not otherwise excluded above such as: principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit and all attic spaces having a clear height of six (6) feet from finished floor level to pitch of roof rafter with a clear height of seven (7) feet six (6) inches from finished floor level to ceiling level over fifty percent (50%) of the area of such attic space.
FRONT PORCH LINE - A line formed by the intersection of a porch foundation wall with the ground, or when viewed in plan, the outermost extremity of the roof, whichever is closer to the front lot line.
FUNERAL HOME - A building used for the preparation of the deceased for burial and/or the display of the deceased and rituals connected therewith before burial or cremation.
GARAGE, PRIVATE - A fully enclosed detached accessory building, or a portion of a principal building, used primarily for the storage of vehicles owned or used by the occupant of the principal building, or used for the storage of incidental items to which the garage is an accessory.
GARDEN CENTER - Land, greenhouses or structures used to raise and/or sell flowers, shrubs, plants and other garden related items.
GASOLINE FUELING STATION - see "automotive fueling station". [NOTE: The previous definition has been added per Ordinance 03-035]
GOLF COURSE - A tract of land laid out for at least nine holes for playing the game of golf and improved with trees, greens, fairways, and hazards and that may include a clubhouse and shelter.
GREENHOUSE - A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of plants.
HAM RADIO ANTENNA - A device mounted on a freestanding support structure or secured to a roof or wall of a building and used to receive and transmit radio communications between other terrestrially based sites.
HEALTH & FITNESS CLUB - An establishment that provides facilities for physical exercises and/or saunas, showers and lockers.
HELIPORT - An identifiable area on land, water or structure, including any building or facilities thereon, used or intended to be used for the landing and takeoff of helicopters. The term "heliport" as used herein applies to all sites, including helistops, used or intended to be used for the landing and takeoff of helicopters.
HELISTOP - An area used or intended to be used for the landing and takeoff of helicopters engaged in dropping-off or picking-up passengers.
HISTORIC FLARED AVENUE OPEN SPACE - An unobstructed area located between the curbline and the front leasehold line at particular properties within historic zone district. This area is also known as the "flared setback area."
HISTORIC INTEGRITY - the authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's historic or prehistoric period.
HISTORIC LANDMARK - may substitute in this Chapter and in any other official document or action of the Township for "historic" and "historic site".
HISTORIC SITE - any real property, man-made structure, natural object or configuration or any portion or group of the foregoing which have been formally designated as being of historic, archaeological, cultural, scenic or architectural significance.
HISTORIC SITES INVENTORY - A list of historic properties determined to meet criteria of formal designation specified herein.
HOME OCCUPATION - An activity carried out for gain by a resident and conducted as a customary, incidental and accessory use in the resident's dwelling unit.
HOME PROFESSIONAL OFFICE - A home occupation consisting of the office of a practitioner of a recognized profession.
HOMEOWNER'S ASSOCIATION - An association of owners of the various properties of a common ownership community, formed under the provisions of a Master Deed, Declaration of Covenants and Restrictions and a Certificate of Incorporation and Bylaws.
HOSPITAL/MEDICAL CENTER - An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities, training facilities, medical offices and emergency care facilities.
HOT TUB OR SPA - A structure placed on or below the surface of the ground and filled with water. Any hot tub located outdoors shall have a cover capable of being locked. The hot tub system includes devices to heat, circulate and filter the water and may or may not have an accompanying deck. Facilities with more than sixty (60) square feet of water surface area shall be considered swimming pools.
**Webmasters Note: The previous definition has been added as per Ordinance No. 07-11.
HOTEL - A facility offering transient lodging accommodations to the general public and providing additional services, such as restaurants, meeting rooms, entertainment and recreational facilities, and so constructed that access and egress from rooms to the outside passes a control desk.
HOTEL, HISTORIC - A facility offering sleeping and transient lodging accommodations to the general public for a specified period of time in a structure originally constructed as a hotel or other transient residential use.
IMPERVIOUS COVERAGE : Any structure, surface or improvement that reduces and or prevents infiltration into the surface shall be considered impervious; Driveways or other similar areas that experience loading that are constructed of open cell pavers or stone shall be considered impervious. Patios that are constructed at grade are impervious.
Decks that are twelve (12) inches or more above average grade shall be considered pervious. Porous paving, gravel, crushed stone, crushed shells and similar surfaces not utilized in driveways or other areas that experience heavy loading shall be considered pervious.
Open cell pavers shall be considered fifty percent (50%) pervious if filled with vegetation. Grass, lawns or other similar vegetation shall be considered pervious. Water area of pools shall not be counted as impervious.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 15-09.
IMPROVABLE AREA - the area of a lot for the placement of principal buildings, off-street parking lots, and off-street loading areas which is located within the envelope delineated by the required yards, or buffers of the zone district and which is not encroached upon by, (A) an existing or proposed public right-of-way, (B) an area classified as a floodway by the New Jersey Department of Environmental Protection and Energy or as an area of special flood hazard or floodway, (C) wetlands or any required wetlands transition area pursuant to the New Jersey Freshwater Wetlands Protection Act (N.J.S.A.13:9B-1, et seq. ), except where construction, fill, or disturbance has been authorized pursuant to the Freshwater Wetlands Act, (D) slope areas where the inclination of the land's surface from the horizontal is fifteen (15) percent or greater for a ten (10) foot interval, (E) stream corridors and, (F) an easement for utility installation, drainage or other purpose granted to another person, entity or governmental unit.
IMPROVEMENT - any structure or any part thereof installed upon real property by human endeavor and intended to be kept at the location of such construction or installation.
INCOMBUSTIBLE MATERIAL - any material that will not ignite at or below a temperature of one thousand two hundred (1,200F.) degrees Fahrenheit and will not continue to glow or burn at that temperature.
INDUSTRY, LIGHT - Those fields of economic activity including construction, light manufacturing, warehousing and wholesale trade.
JUNK - Any scrap, waste, reclaimable material, or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed, or other use or disposition. This definition also includes, but is not limited to, unregistered, inoperable vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, building materials, household appliances, machinery, brush, wood and lumber.
JUNKYARD - Any space, whether inside or outside a building, used for the storage, keeping, or abandonment of junk.
KENNEL - Any building, structure, or premises in which cats, dogs or other domesticated animals are kept, boarded, bred or trained for a fee or compensation.
LAND - any ground, soil, or earth including marshes, swamps, drainageways and areas not permanently covered by water within the municipality.
LEASEHOLD AREA - A designated area bound by leasehold lines.
LEASEHOLD LINE - A line of record bounding a leasehold area that divides a leasehold area from another leasehold area, lot, or from a public or private street or any other public space.
LOADING SPACE, OFF-STREET - Any off-street space on the same lot available for the loading or unloading of goods.
LONG-TERM CARE FACILITY - An institution or a distinct part of an institution that is licensed or approved to provide health care under medical supervision for twenty-four (24) or more consecutive hours to two (2) or more patients who are not related to the governing authority or its members by marriage, blood or adoption. "Long-term care facility" shall include the terms "skilled nursing facility" and "intermediate care facility."
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 build upon as a unit.
LOT COVERAGE - The percentage of lot area that is covered by impervious coverage.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 15-09.
LOT DEPTH - The mean distance between the front and rear property lines of any lot, measured along a line either parallel to or making equal angles with the side lines.
LOT FRONTAGE - The length of the street line of a lot.
LOT LINE - A line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public space.
LOT LINE, FRONT - The lot line separating a lot from a street right-of-way. In the Historic District-Oceanfront District the lot line, front shall be the lot line between the leasehold lot in question and the Historic Flared Avenue Open Space. This line is also considered the inner sidewalk line.
LOT LINE, REAR - The lot line opposite and most distant from the front lot line. In the case of a corner lot, the lot line opposite the shorter front street line shall be considered the rear lot line.
LOT LINE, SIDE - Any lot line other than a front lot line or rear lot line.
LOT WIDTH - A distance measured at the front yard setback line along a line perpendicular to parallel side lines or making equal angles with both converging side lines. Where a front yard is not required, the lot width shall be measured along the street line.
LOT, CORNER - A lot at the junction of and abutting on two (2) or more intersecting streets where the interior angle of intersection does not exceed one hundred thirty-five (135) degrees. A lot abutting a curved street shall be deemed a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than one hundred thirty-five (135) degrees. The front yard area of a corner lot will be established by the location of the front door. The lot line opposite the front lot line will be considered the rear lot line and the other two lot lines will be considered side lot lines.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 15-28.
LOT, FLAG - a large lot not meeting minimum frontage requirements and where access to a public road is via a narrow, private right-of-way or driveway.
LOT, REVERSE FRONTAGE - A through lot that is not accessible from one from one of the parallel or nonintersecting streets upon which it fronts.
LOT, THROUGH - A lot other than a corner lot which adjoins two (2) street lines which are at opposite ends of the lot. The front lot line shall be established by the location of the front door. The opposite lot line to the front lot line shall be considered the rear lot line.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 15-28.
LOWEST FLOOR - The lowest level of the lowest enclosed area (including basement). 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 as to render the structure in violation of other non-elevation design requirements.
MAINTENANCE GUARANTEE - Any security, which may be accepted by the Township for the maintenance of any required improvements.
MANUFACTURED HOME - A structure transportable in one or more sections which is built on a permanent chassis and designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term manufactured home also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term manufactured home does not include park trailers, travel trailers and other similar vehicles.
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.
MANUFACTURING - Any process whereby the nature, size, or shape of articles or raw materials are changed, or where articles are assembled or packaged.
MARINA, RECREATIONAL - Any pier, dock, wharf, breakwater or similar structure or facility which is operated to provide dockage for recreational watercraft.
MARINE RELATED SALES AND SERVICES - Establishments engaged in selling watercraft related goods or merchandise to the general public for personal use and rendering services incidental to the sale of such goods.
MARQUEE - A permanent, roof- like structure extending from part or all of a building or other structure over a public or quasi-public right-of-way and constructed of some durable material such as metal, glass or plastic.
MEMBERSHIP CLUB - A building, lot, or land area, used as a private club or social organization not conducted for profit or gain, and which is not an adjunct to or operated by or in connection with or as a public tavern, cafe, restaurant or other like public space.
MEZZANINE - An intermediate level between the floor and ceiling of any story and covering not more than 33% percent of the floor area of the room in which it is located.
MINOR SITE PLAN - A development plan of one or more lots which proposes new development requiring site plan review and approval as specified by this Ordinance which:
a. Does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to section 30 of P.L.1975, c.291 (C.40:55D-42); and,
b. Contains the information reasonably required, as set forth in Article VIII of this chapter, in order to make an informed determination as to whether the requirements established by this chapter for approval of a minor site plan have been met; and,
c. Meets all of the following criteria:
1. Consists of new building construction and/or building additions that contain less than one thousand (1,000) square feet of gross floor area; and
2. Contains less than four thousand (4,000) square feet of impervious surface; and
3.Is located on a tract that was not the subject of a minor subdivision or minor site plan approval within two (2) years of the date of the resolution of memorialization.
[NOTE: The previous definition has been added per Ordinance No. 03-035]
MIXED USE RESIDENTIAL BUILDING - A building that contains residential and non-residential uses.
MOBILE HOME - See "manufactured housing."
MOBILE HOME PARK - A site containing spaces with required improvements and utilities that are leased for the long term placement of manufactured houses and that may include services and facilities for the residents.
MONOPOLE - The type of tower that is self-supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top.
MORTUARY - See "funeral home."
MOTEL - An establishment providing sleeping accommodations with a majority of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.
MOTOR VEHICLE - A self-propelled device used for transportation of people or goods over land surfaces.
MULTILEVEL PARKING STRUCTURE - A building or structure consisting of more than one (1) level and used for the temporary storage of motor vehicles.
NATIONAL REGISTER CRITERIA - the established criteria for evaluating the eligibility of properties for inclusion in the National Register of Historic Places.
NET RESIDENTIAL DENSITY - The permitted number of dwelling units which may be developed per acre of land, exclusive of wetlands and wetland buffers, water bodies and their riparian buffers, easements, steep slopes, and any and all other environmental, legal, or man-made constraints.
**Webmasters Note: The previous definition has been added as per Ordinance No. 15-08.
NEW CONSTRUCTION - Structures for which the start of construction commenced on or after the effective date of this Ordinance.
NIGHTCLUB - An establishment dispensing liquor and meals and in which music, dancing or entertainment is conducted. For the purposes of this Chapter, an "adult entertainment use" shall not be considered a "nightclub."
NON-CONFORMING LOT - A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NON-CONFORMING STRUCTURE - A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NON-CONFORMING USE - A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NUISANCE - An interference with the enjoyment and use of property.
NURSERY - Land or greenhouses used to raise flowers, shrubs and plants for sale.
NURSING HOME/CONVALESCENT HOME - See "long term care facility."
OFFICE - A room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government and generally furnished with desks, tables, files and communication equipment.
OFFSITE - 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 plan or the closest half of the street or right-of-way abutting the property of which the lot is a part. [NOTE: The previous definition has been amended per Ordinance No. 03-035]
OFF-TRACT - Not located on the property that is the subject of a development plan nor on the closest half of the abutting street or right-of-way. [NOTE: The previous definition has been amended per Ordinance No. 03-035]
ONSITE - Located on the lot in question and excluding any abutting street or right of way. [NOTE: The previous definition has been amended per Ordinance No. 03-035]
ON-TRACT - Located on the property that is the subject of a development plan or on the closest half of an abutting street or right-of-way. [NOTE: The previous definition has been amended per Ordinance No. 03-035]
OPEN SPACE - Any parcel or area of land or water essentially unimproved, except for buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
OPEN SPACE, COMMON - An open space area within or related to 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.
ORDINARY MAINTENANCE AND REPAIR - A repair or exact replacement of any part of a structure for which a construction permit is not required by the Township and where the purpose and effect of such work or replacement is to correct deterioration, restore a damaged part and prevent the spread of deterioration and is without change in the exterior of the structure or in the color of the paint. The following are some of the activities which are permitted as ordinary maintenance and repairs: (A) identical replacement of existing windows and doors; (B) repairs of existing windows and doors and the installation of storm doors and windows that do not change their design, scale or appearance; (C) maintenance and repair of existing roofing materials involving no change in the design, scale or appearance of the structure; (D) replacement of existing clapboards, shingles or other siding with identical materials and in an identical configuration. Maintenance and repair of existing clapboards, shingles, or other siding including masonry involving no change in the design, scale or appearance of the structure.
OUTDOOR STORAGE - The keeping other than in a building of any goods, junk, material, merchandise, or vehicles in the same place for more than twenty-four (24) hours.
PARK - A tract of land designated and used by the public for active and passive recreation.
PARKING LOT - An improved, off-street, ground-level open area used for the parking of motor vehicles. A parking lot may include access drives or aisles for ingress and egress.
PARKING SPACE, OFF-STREET - A paved or surfaced area for off-street motor vehicle parking.
PATIO OR TERRACE - A level, landscaped, and/or surfaced area on a lot with a principal building and not covered by a permanent roof, less than twelve (12") inches above grade.
PERFORMANCE GUARANTEE - Any security which may be accepted by the Township to assure required improvements associated with an application for development will be satisfactorily completed.
PERMIT - Any required Township approval for exterior work to any structure or property in a historic district or on a historic site, which exterior work is subject to public view. Permit shall include, but is not limited to a zoning permit, construction permit, a demolition permit, a permit to move, convert, relocate or remodel or to change the use or type of occupancy of any structure or property in a historic district which involves exterior changes to the structure or the property on which it is located.
PERSON WITH HEAD INJURY - A person who has sustained an injury, illness or traumatic changes to the skull, the brain contents or its coverings which results in a temporary or permanent physiobiological decrease of mental, cognitive, behavioral, social or physical functions which causes partial or total disability.
PERSONAL BOATSLIP OR DOCK - A structure intended for non-commercial purposes built along or at an angle from a shoreline so that a boat may discharge or receive passengers.
PERSONAL SERVICE- A service provided to an individual or group of individuals that does not produce tangible goods for retail sale or consumption.
PERSONAL SERVICE ESTABLISHMENT - Any business use that provides services to an individual or group of individuals, such as barbershops, dry cleaning establishments, beauty salons, travel agencies and substantially similar type uses, and does not provide goods for retail sale or consumption.
PLACE OF WORSHIP - A church, synagogue, temple, mosque or other facility that is used for prayer, or formal religious services by a religious congregation.
PLANNED COMMERCIAL DEVELOPMENT - A contiguous or noncontiguous land area with a minimum specified land area as specified herein developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial and/or office uses.
PLANNED DEVELOPMENT - any planned unit development and any planned commercial development.
PLANNED UNIT DEVELOPMENT - An area with a minimum contiguous or non-contiguous acreage of ten (10) acres or more to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public or commercial area in such ranges of ratios of nonresidential uses to residential uses as is specified in this Chapter.
PORCH - A roofed, open area attached to and with direct access to or from a building.
PORCHES IN FHA . Porches (as defined elsewhere in §201 of the Township's Land Use Ordinance) are permitted in the FHA, however, after accounting for the requirements of stairs as defined in this section, no porch shall extend farther than 1/2 the distance from the building plane to the front and side lot lines and the actual depth of said porch shall be no larger than eight (8) feet.
**Webmasters Note: The previous definition has been added as per Ordinance No. 13-11.
PRELIMINARY APPROVAL - The conferral of certain rights pursuant to the Municipal Land Use Law, prior to final approval of a major site plan or major subdivision, after specific elements of a development have been approved by the delegated approving authority and agreed to by the applicant.
PRESERVATION - the act or process of applying measures to sustain the existing form, integrity and material of a building or structure, and the landscape features and vegetative cover of a site. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building materials.
PRINCIPAL STRUCTURE - A building in which the principal use of the lot on is conducted.
PROFESSIONAL OFFICE - An office used or occupied by a licensed professional in the fields of accounting, architecture, dentistry, engineering, finance, insurance, law, medicine, planning and similar occupations and professions.
PROHIBITED USE - Any use that is not specifically permitted by this Ordinance.
PROTECTION - the act or process of applying measures designed to affect the physical condition of a property by defending or guarding it from deterioration, loss or attack, or to cover or shield the property from danger or injury.
PUBLIC PURPOSE USE - The use of land or buildings by the Township of Neptune or by any other federal, state, county or municipal governmental body including the Township of Neptune Board of Education.
PUBLIC UTILITY - A facility with the primary function of generating, creating or harnessing natural or man- made energy for essential services use or distribution off-site, including electrical sub-and switching stations, or the disposal or treatment of water or wastes, not including service yards or storage and treatment yards and facilities or wireless telecommunications facilities.
RECEPTION AND BANQUET HALL - A facility specifically geared to providing interior areas for groups of individuals to congregate, socialize or celebrate particular events.
RECONSTRUCTION - the act or process of reproducing by new construction the exact form and detail of a vanished building, structure or object, or any part thereof, as it appeared at a specific period of time.
RECREATIONAL FACILITY - A place designed and equipped for the conduct of sports and leisure-time activities, excluding billiard parlors, video arcades, adult book and video stores and massage parlors.
REFUSE AND RECYCLING AREA - A designated area either within a building, or a screened space on the exterior of a building, specifically designed to hold waste or recyclable materials.
REHABILITATION - The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural and cultural values.
REPLACEMENT PLAN - A specific plan for replacement of removed trees in accordance with the provisions of this chapter.
REPLACEMENT TREE - A nursery grown certified tree, properly balled, and marked with a durable label indicating genus, species and variety, and satisfying the standards for nursery stock and installation thereof, set forth by American Association of Nurserymen.
RESEARCH LABORATORY - An establishment or other facility for carrying on investigation in the natural, physical or social sciences, which may include engineering and product development.
RESTAURANT - Any establishment at which food or drink is prepared, served and consumed primarily within the principal building or at a permitted accessory outside dining facility.
RESTAURANT, DRIVE-THROUGH - An establishment where food and/or beverages are sold in a form ready for consumption, where the consumption may take place or is designated to take place outside the confines of a restaurant, and where ordering or pick-up of food may take place from an automobile.
RESTAURANT, TAKE-OUT - An establishment where food and/or beverages are sold in a form ready for consumption, where the consumption may take place or is designated to take place outside the confines of a restaurant, and where ordering or pick-up of food may not take place from an automobile.
RESTORATION - The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.
RETAIL SALES - AND SERVICES - Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
RETAIL SERVICES - Establishments providing services to the general public for personal or household use.
RETAINING WALL - shall mean a structure that is designed and constructed to stabilize two generally horizontal surfaces which are vertically displaced, and which shall be either a landscape retaining wall or structural retaining wall:
1. a landscape retaining wall shall mean a retaining wall greater than eighteen (18) inches but less than four (4) feet in height, which does not support any site improvement within four (4) feet of the top of the wall.
2. a structural retaining wall shall mean a retaining wall greater than four (4) feet in height, or a retaining wall with any site improvement located within a distance from the top of the wall equal to the height of the retaining wall. [NOTE: The previous definition has been added per Ordnance No. 03-035]
STEEP SLOPE - areas on a lot where the inclination of the land's surface from the horizontal is fifteen percent (15%) or greater as measured over a ten (10) foot interval. Steep slopes which are twenty-five percent (25%) or greater as measured over a five (5) foot interval shall be considered critical slopes. [NOTE: The previous definition has been added per Ordnance No. 03-035]
ROW HOUSE - See "townhouse."
SATELLITE DISH ANTENNA - A device incorporating a reflective surface that is solid, open mesh or bar configured and in the shape of a shallow dish, cone, horn or cornucopia, for use to receive and/or transmit radio or electromagnetic waves between terrestrially and/or orbitally based uses.
SCHOOL, PRIVATE ELEMENTARY, MIDDLE OR HIGH - Any building or a group of buildings the use of which meets state requirements for elementary, secondary or higher education and which use does not secure the major part of its funding from any governmental agency.
SCHOOL, PUBLIC ELEMENTARY, MIDDLE OR HIGH - Any school licensed by the state and that meets the state requirements for elementary, secondary or higher education.
SCHOOL, VOCATIONAL - A secondary or higher educational facility primarily teaching useable skills that prepare students for jobs in a trade and meeting the state requirements as a vocational facility.
SELECTIVE CUTTING - The removal of larger trees on an individual basis while leaving trees of lesser size.
SELF-STORAGE FACILITY - A structure or facility containing separate, individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time.
SENIOR CITIZEN APARTMENT BUILDING - A development consisting of multifamily dwelling units wherein permanent residents will be restricted by covenant to persons with a minimum age of at least fifty-five (55) years for one resident of each eighty percent (80%) of the total units [in accordance with the Federal Fair Housing Act, as amended in 1988]. [NOTE: The previous definition has been added per Ordinance No. 02-14]
SETBACK LINE - That line that is established at the required minimum distance from any lot line and that establishes the area within which the principal structure must be erected or placed.
SETTING - the relationship that a site and its buildings have to its surroundings.
SHOPPING CENTER - a group of retail stores and service establishments with parking facilities and designed to serve a community or neighborhood which is planned, developed, owned and managed as a total entity.
SIDEWALK SALE - A periodic event that is accessory to a principal permitted retail use and occurs before and after designated holidays during which merchants are allowed to display merchandise for sale on the sidewalk.
SIGN - Any name, identification, description, display or illumination which is affixed to or painted on or represented directly or indirectly upon a building, structure or parcel of land, and which directs attention to a person, organization, institution, activity, event, place, object, product, commodity, business, entertainment, service or profession or which conveys any message, notice or greeting.
SIGN ALTERATION - The enlargement, extension or relocation of an existing sign or support structure.
SIGN AREA - The entire area within a contiguous perimeter enclosing the limits of a sign and including the frame of the sign, but not including structural elements outside the limits of such sign and not forming an integral part thereof.
SIGN FACE - The area or display surface used for the message.
SIGN RESTORATION - The routine maintenance and painting of existing, approved signs, that does not change the approved design or increase the total sign area.
SIGN SUPPORTING STRUCTURE - All frames, glass or other coverings, gooseneck arms, light bulbs, lights, shields, shades, reflectors, supports, brackets, braces, screws, bolts, fastenings or other items or devices which constitute a part of the support system for any sign, awning, canopy or marquee.
SIGN, ABANDONED - A sign shall be considered abandoned when the business activity or firm, which such sign advertises, is no longer in operation.
**Webmasters Note: The previous definition has been added as per Ordinance No. 15-28.
SIGN, AWNING - A sign that is mounted, painted, or attached to an awning.
SIGN, CONTRACTOR - A temporary sign that identifies the tradesperson or architect of a specific improvement on the property for which the improvement is being made.
SIGN, DIRECTIONAL - A sign intended to facilitate efficient traffic circulation movement within a particular tract.
SIGN, DIRECTORY - A ground or wall sign listing the tenants or occupants of a building or group of buildings and that may indicate their respective professions or business activities.
SIGN, FLASHING - A sign, the illumination of which is not kept constant in intensity at all times when in use.
SIGN, FREESTANDING - A single or multi-faced sign not attached to a building, and with an upright base extending from the ground.
SIGN, ILLUMINATED - A sign having characters, letters, figures, designs or outlines illuminated by electric light or luminous tubes as a part of the sign.
SIGN, INDIRECTLY ILLUMINATED - An illuminated, non-flashing sign whose illumination is derived from an external artificial source and is so arranged that no direct rays of light are projected from the artificial source into an area where anyone resides or into any public street or public way.
SIGN, NON-CONFORMING - A non-conforming sign is a sign that was lawfully erected and maintained prior to the adoption of this ordinance, and which by reason of such adoption fails to conform to all applicable regulations and restrictions of this ordinance.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 15-28.
SIGN, POLITICAL - A temporary sign denoting a political campaign headquarters, party affiliation, cause or candidate.
SIGN, PORTABLE - A sign that is not securely affixed to the ground or otherwise affixed in a permanent manner to a building or other structure.
SIGN, PROJECT - A temporary sign intended to identify a project under construction, including the project name, general contractor, architect and prime real estate agent.
SIGN, PROJECTING - A sign that is wholly or partly dependent upon a building for support and that projects more than nine (9) inches from such building.
SIGN, PUBLIC PURPOSE - A sign designed to promote the public health, safety and welfare, including official government notices, government signs, signs to control and direct traffic on public streets, street identification signs, signs erected by public utility companies to warn of dangerous or hazardous conditions and political signs.
SIGN, READER BOARD - A temporary, portable sign that incorporates changeable lettering and is intended primarily for advertising or announcement purposes.
SIGN, REAL ESTATE - A sign pertaining to the sale or lease of the premises, or a portion thereof, on which the sign is located.
SIGN, RESIDENTIAL DEVELOPMENT - A sign identifying a residential major subdivision, condominium, apartment or townhouse complex, and is located entirely on the property which it is identifying.
SIGN, RESIDENTIAL NAMEPLATE - A wall sign permitted for the sole purpose of identifying the inhabitant residing therein, the house name and/or identifying the address of the house.
SIGN, ROOF - A sign that is mounted on the roof of a building or is wholly dependent upon a building for support, and that projects above the top walk or edge of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof, or the deck line of a building with a mansard roof.
SIGN, SIDEWALK - A temporary, moveable, non-illuminated sign located within the public right-of-way that is not permanently affixed to a wall, structure or to the ground.
SIGN, TRAFFIC-CONTROL - A permitted sign for the purpose of identifying private parking areas and directing the flow of traffic on private property.
SIGN, WALL-MOUNTED - A sign attached to, painted on, or erected against the wall of a building or structure with the exposed face of the sign in a plane parallel to the face of the wall.
SIGN, WINDOW - A sign which is part of or affixed or attached to the interior or exterior of a window or otherwise part of a window and located within eighteen (18") inches of the interior of the window and which can be seen from a public street or public parking facility.
SILVICULTURE - The management of any wooded tract-of land to insure the continued survival and welfare whether for commercial or noncommercial purposes, pursuant to a plan approved by the New Jersey Bureau of Forestry.
SITE PLAN - A development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, flood plains, marshes and waterways; 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, and screening devices; and any other information that may be reasonably required in order to make an informed determination pursuant to this Ordinance.
SLASH - The forest debris remaining after a tree removal operation.
SOIL CONSERVATION DISTRICT - The Freehold Soil Conservation District as established in accordance with the provisions of Chapter 24, Title 4, N.J.S.A.
SOLID WASTE ENCLOSURE - A designated, unroofed, enclosed area for the temporary storage of waste and recyclable materials.
SPECIMEN TREE - Any tree with a DPM of eighteen (18") inches or greater.
STAIRS IN FLOOD HAZARD AREAS (FHA) . In the FHA portions of the Township, stairs from elevated structures shall be able to project into the front yard setback - as defined herein. For stairs that provide access from the front of a structure, stairs may project up to fifty percent (50%) of the required front yard setback to accommodate stair access, but in no case shall they be closer than ten (10) feet from the front lot line. In the case of stairways that are accessed from the side of a structure, stairs shall be permitted to project up to fifty percent (50%) of the side yard setback - as defined herein - but may not encroach further than three (3) feet from the prevailing side lot line.
**Webmasters Note: The previous definition has been added as per Ordinance No. 13-11.
STAIRWAY LANDINGS IN FHA . To accommodate stairwell access to elevated structures in the FHA and keeping with the restrictions of stairwell projections as defined in this section, the use of stairway landings may be necessary to effectuate access to a given structure. For the purposes of this Code, stairway landing is defined as a level, uncovered platform installed at the point where stairs change direction, either at the top of or in between flights.
**Webmasters Note: The previous definition has been added as per Ordinance No. 13-11.
START OF CONSTRUCTION - The date the construction permit is issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement is commenced within 180 days of that date.
STATE SOIL CONSERVATION COMMITTEE - An agency of the State established in accordance with the provisions of Chapter 24, Title 4, N.J.S.A.
STORAGE SHED, PRIVATE - An accessory building that is exclusively used by the occupant of the principal building to which it is incidental, and contains items customarily associated with residential use such as personal items, lawnmowers, tools and hardware.
STORY - That portion of a building consisting of at least seven (7) feet of vertical height, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. If the ceiling or underside of supporting members is less than four (4) feet above average grade of any space, then that space shall not be considered a story nor counted as floor area.
STORY, HALF - That portion at the top of a building under a sloping or pitched roof, the perimeter knee wall of at least two (2) opposite exterior walls, upon which the roof rafters rest, is not greater than three (3) feet above the floor deck of such half story. Nothing in this definition shall preclude the use of architectural embellishments, as permitted in this Chapter.
Figure__: Story, half
**Webmasters Note: The previous definition has been amended as per Ordinance No. 07-11.
STREAM CORRIDOR - Any river, stream, pond, lake or wetland, together with adjacent upland areas, that supports protective bands of vegetation that line the water's edge.
STREET LINE - The dividing line between a lot and a street.
STRIPPING - Any activity which disturbs vegetated or otherwise stabilized soil surfaces including clearing and grubbing operations.
STRUCTURE - A combination of materials constructed for use, occupancy, or ornamentation whether installed on, above, or below the surface of land.
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 act, if no new streets are created: (A) divisions of land found by the Planning Board to be for agricultural purposes where all resulting parcels are five (5) acres or larger in size, (B) divisions of property by testamentary or intestate provisions, (C) divisions of property upon court order, including but not limited to judgments of foreclosure, (D) consolidation of existing lots by deed or other recorded instrument and (E) the conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality. The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION, MAJOR - Any subdivision not classified as a minor subdivision.
SUBDIVISION, MINOR - A subdivision of land for the creation of not more than three (3) lots, provided such subdivision does not involve (A) a planned development, (B) any new street or (C) the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
SUBSTANTIAL IMPROVEMENT . Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent (50%) of the market value of the structure before the "start of construction" of the improvement. 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 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," if designated as a key structure and one that would be adversely affected in terms of historic character as determined by the Municipal Construction Official/Floodplain Administrator. Alteration of a "historic structure" shall not be considered a relocation.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 13-11.
SUBSTANTIVE CERTIFICATION - a determination by COAH approving a municipality's housing element and fair share plan in accordance with the provisions of the Fair Housing Act and the rules and criteria set forth herein. A grant of substantive certification shall be valid for a period of six years in accordance with the terms and conditions therein.
SWIMMING POOL - An accessory structure whether located above or below the ground, designed and maintained for swimming and bathing purposes by a private residence for use by household members and guests, having a depth of more than 18 inches and/or a water surface in excess of 100 square feet.
SWIMMING POOL, PORTABLE - A swimming pool which is located above ground level, otherwise not permanently installed, does not require water filtration, circulation and purification, does not exceed a water surface of 100 square feet, and does not require braces or supports.
TAVERN - An establishment used for the serving and consumption of liquor by the drink to the general public on-site as a principal use.
THEATER, MOTION -PICTURE - A place where motion pictures are shown to the public for a fee. For the purposes of this Chapter, an "adult entertainment venue" shall not be considered a "motion picture theater."
THEATER, PERFORMING ARTS - A building designed for the presentation and viewing of live performances. For the purposes of this Chapter, an "adult entertainment venue" shall not be considered a "performing arts theater."
THINNING - The removal of undesirable, competitive, diseased or damaged trees so as to cultivate and improve the development of the remaining trees on the lot.
TOPSOIL - The top six (6) inch layer of arable soil.
TOWER, TELECOMMUNICATIONS OR TRANSMISSION - The structure designed to support transmitting or receiving antennas. For the purposes of this Chapter, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio signals are not "transmission towers."
TOWNHOUSE - A one-family dwelling in a row of at least three (3) such units in which each unit has its own front and secondary access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
TRAILER - A wheel-based non-commercial structure that is used for the transportation or storage of goods or materials, as a construction office, for temporary short-term habitation in case of calamity, or other occupancy subject to the provisions of this Chapter. A box container which has been temporarily or permanently removed from a chassis or truck bed shall be considered a "trailer."
TREE - Any deciduous or coniferous species which reaches a typical mature height of twelve (12') feet or more at maturity, and has a typical DPM of four (4") inches or greater.
USE - The purpose or activity for which land or buildings are designed, arranged, or intended or for which land or buildings are occupied or maintained.
WALL, DECORATIVE - A wall constructed of stone or other material erected for the sole purpose of providing a decorative and/or landscaped feature, and not to include structural support walls, retaining walls or any other walls constructed for a purpose other than aesthetics.
WAREHOUSE - A building used primarily for the storage of goods and materials.
WIRELESS TELECOMMUNICATION FACILITY - A structure that facilitates personal wireless services as defined in the Federal Telecommunications Act of 1996 which includes FCC licensed commercial wireless telecommunications services such as cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or may be developed in the future.
WOODED ACRES PERMITTED FOR DEVELOPMENT - Those wooded lands within a lot or tract which are not specifically excluded by any general, state, county or municipal law or ordinance, deed restriction or covenant running with the land. For purposes of this chapter, those lands specifically eliminated from considerations as wooded acres permitted for development include, but are not limited to, wetlands as defined by N. J. S. A.13-9B-1 et seq.
YARD - An open space that lies between the principal building or buildings and the nearest lot line. The minimum required yard as set forth herein is to be unoccupied and unobstructed from the ground upward except as may be provided in this Chapter.
YARD, FRONT - An open, unoccupied space (unless occupied by a structure hereinafter specifically permitted) extending across the full width of the lot and lying between the street line and the building line. All yards abutting a street shall be considered a front yard. In the Historic District-Oceanfront District the yard, front shall be the yard between the building line and leasehold line abutting the Historic Flared Avenue Open Space.
YARD, REAR - An open, unoccupied space (unless occupied by an accessory structure) extending across the full width of the lot between the rear lot line and the building line.
YARD, SIDE - An open, unoccupied space (unless occupied by an accessory structure) extending along the side lot line from the front yard to the rear yard and lying between the side lot line and the building line.
ZONING OFFICER - An agent appointed by the Township Committee who shall be responsible for the administration and enforcement of the provisions, requirements, regulations and standards contained in this Ordinance and who shall have such other duties and responsibilities as may herein specified or assigned by an appropriate body.
ZONING PERMIT - A document signed by the administrative 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 such use, structure or building complies with the provisions of the municipal zoning ordinance or variance therefrom duly authorized by a municipal agency pursuant to the Municipal Land Use Law.
