BUILDING : shall mean any building or structure, or part thereof, whether used for human habitation or otherwise, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith.
GOVERNING BODY : shall mean the Township Council of the Township of Berkeley, in the County of Ocean.
OWNER : shall mean the holder or holders of the title in fee simple.
PARTIES IN INTEREST : shall mean all individuals, associations and corporations who have interest of record in a building and any who are in actual possession thereof.
PUBLIC OFFICER : shall mean the Construction Official, Zoning Officer, Code Enforcement Officer or Fire Official of the Township of Berkeley. (1974 Code Sec. 60-3; Ord. No. 85-48; Ord. No. 97-35 Sec. 3)
REAL PROPERTY : shall mean any type of real estate including commercial or residential, improved or unimproved lots, single-family homes, multiple dwellings and property held in any manner, including fee simple, condominium or cooperative forms of ownership.
STREET ADDRESS : shall mean the address at which a person actually resides, and shall include a street name or rural delivery route in addition to any postal office box number which may be included. (Ord. No. 97-49 Sec. 2)
BANK : shall mean the lateral boundary of a body of water.
BANK PROTECTION : shall mean revetment of other armor protecting a bank of a stream from erosion, including devices used to deflect the forces of erosion from the bank.
BULKHEAD : shall mean a steep or vertical structure placed on a bank, bluff or embankment to retain or prevent sliding of the land and protect the inland area against damage.
EROSION : shall mean the wearing away of natural (earth) and unnatural (embankment, slope protection, structure, etc.) surfaces by the action of natural forces, particularly moving water and materials carried by it. 5. Face shall mean the outer layer of slope revetment (i.e. The boat is docked at the face of the bulkhead).
FILTER FABRIC : shall mean an engineering fabric (geo-textile) placed between the backfill and supporting or underlying soil through which water will pass and soil particles are retained.
PILE : shall mean a long, heavy timber or section of concrete or metal that is driven or jetted into the earth or bottom of water body to serve as structural support or protection.
REVETMENT : shall mean bank protection to prevent erosion.
SCOUR : shall mean the result of erosive action of running water, excavating and carrying away material from the bed and banks; wearing away by abrasive action. 10. Sheet pile shall mean a pile with a generally slender, flat cross-section that is driven into ground or bottom of a water body and meshed or interlocked with like member to form a wall or bulkhead.
SUBSIDENCE : shall mean general lowering of land surface by consolidation or removal of underlying soil.
UNDERCUT : shall mean erosion of the low part of a steep bank so as to compromise stability of the upper part.
ACCESS DRIVE : shall mean a street designed to provide vehicular access to abutting property and to discourage through traffic.
ACCESSORY USE OR ACCESSORY BUILDING shall mean a subordinate use or building, the purpose of which is incidental to that of the main use or building. An "accessory building" must be on the same lot as the main building.
ACCESSORY USE, STRUCTURE OR BUILDING - A use, structure or building which is subordinate to and serves a principal building or a principal use; is subordinate in area, extent and purpose to the principal structure or principal building or use served; contributes primarily to the comfort, convenience or necessity of the occupants, business or industry of the principal structure or principal use served; and is located on the same parcel as the principal structure or principal use served, except as otherwise expressly authorized by the provisions of this Chapter.
**Webmasters Note: The previous definition has been added as per Ordinance No. 01-21- OAB.
ADMINISTRATIVE OFFICER shall mean for Planning Board matters, the Planning Board Engineer; for Board of Adjustment matters, the Zoning Officer; for Official Map matters, the Zoning Officer; for Township Council matters, the Township Clerk; and for certification of subdivision approval, the Planning Board Engineer.
AGRICULTURAL COMMERCIAL ESTABLISHMENT - A retail sales establishment primarily intended to sell agricultural products produced in the Pinelands. An agricultural commercial establishment may be seasonal or year round and may or may not be associated directly with an agricultural/horticultural use; however, it does not include supermarkets, convenience, stores, restaurants and other establishments that coincidentally sell agricultural products, nor does it include agricultural production facilities such as a farm itself, nor facilities that are solely processing facilities.
AGRICULTURAL EMPLOYEE HOUSING - Residential dwellings, for the seasonal use of employees of an agricultural or horticultural use, which because of their character or location are not to be used for permanent housekeeping units and which are otherwise accessory to a principal use of the lot for agriculture.
AGRICULTURAL OR HORTICULTURAL PURPOSE OR USE - Any production of plants or animals useful to man, including but not limited to: forage or sod crops; grains and feed crops; dairy animals and dairy productions; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, and including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; aquaculture; or any land devoted to and meeting the requirements and qualifications for payment or other compensation pursuant to a soil conservation program under an agency of the Federal Government.
AGRICULTURAL PRODUCTS PROCESSING FACILITY - A facility designed, constructed and operated for the express purpose of processing agricultural products grown in the Pinelands, including washing, grading and packaging of those products..
**Webmasters Note: The previous definitions, Agricultural Commercial Establishment through Agricultural Products Processing Facility, have been added as per Ordinance No. 01-21- OAB.
AIRPORT HAZARD AREA shall mean an area surrounding an airport which meets or exceeds the minimum dimensions required by the regulations of the Air Safety and Hazardous Zoning Act of 1983, and consisting of a runway subzone, two (2) runway end subzones and two (2) clear zones.
ALLOWED USE : shall mean and collectively includes permitted, accessory and conditional uses.
ALTERATIONS shall mean a change in the structural parts of an existing building; or an enlargement, whether by extension of a side or by increasing in height; or the moving from one (1) location to another.
ANIMALS, THREATENED OR ENDANGERED - Those animals designated by the New Jersey Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq.
**Webmasters Note: The previous definition has been added as per Ordinance No. 01-21- OAB.
APPLICANT : shall mean a developer submitting an application for development.
APPLICATION FOR PINELANDS DEVELOPMENT - Any application filed with any permitting agency for any approval, authorization or permit that is prerequisite to initiating development in the Pinelands Area, except as provided in Section 35-162 of this Chapter.
**Webmasters Note: The previous definition has been added as per Ordinance No. 01-21- OAB.
APPLICATION FOR DEVELOPMENT shall mean the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.
APPROVING AUTHORITY shall mean the Planning Board of the municipality unless a different agency is designated by ordinance when acting pursuant to the authority of N.J.S.A. 40:55D-1 et seq.
AQUACULTURE - The propagation, rearing and subsequent harvesting of aquatic organisms in controlled or selected environments, and their subsequent processing, packaging and marketing, including, but not limited to, activities to intervene in the rearing process to increase production such as stocking, feeding, transplanting and providing for protection from predators.
AQUATIC ORGANISMS - Includes, but is not limited to, finfish, mollusks, crustaceans and aquatic plants which are the property of a person engaged in aquaculture.
**Webmasters Note: The previous definitions, Aquaculture and Aquatic Organisms, have been added as per Ordinance No. 01-21-OAB.
AUTOMOBILE SALES AGENCY shall mean a place of business where the primary purpose is the sale of new motor vehicles, having a building with showrooms, office space, repair and maintenance facilities, with or without a used car lot incidental thereto and on the same business premises or immediately adjacent thereto.
AUTOMOBILE SERVICE STATION shall mean a building or place of business where gasoline, oil and greases, batteries, tires and automobile accessories are supplied and dispensed directly to the motor vehicle trade, at retail, and where minor repair service is rendered. Sale of new or used cars is prohibited.
AUTOMOTIVE REPAIR SHOP shall mean a building and place of business where body and major repair work are performed on motor vehicles.
BASEMENT shall mean a story partly underground, having more than one-half (1/2) of its height above ground.
BOARD shall mean the Planning Board or Zoning Board of Adjustment of the Township of Berkeley.
BOARD OF ADJUSTMENT shall mean the board established pursuant to N.J.S.A. 40:55D-69.
BOATYARD : shall mean any waterfront facility wherein docking accommodations and/or dryland storage accommodations for any water craft, such as power boats, sailboats or rowboats are provided and where facilities for the building, rebuilding and general repair of boats and marine equipment are provided. A "boatyard" shall be deemed to include all auxiliary and accessory services, such as chandlery, gasoline sales and rental business activities related to the primary use.
**Webmasters Note: The previous Definition has been amended as per Ordinance No. 2-4- OAB.
BUFFER shall mean the land area used to visibly separate one use from another or to shield or block noise, lights or other nuisances. Buffer areas may contain existing natural vegetation, fences or berms, as well as shrubs and trees.
BUILDABLE AREA shall mean that portion of any lot lying within front, rear and side setback lines.
BUILDING shall mean a combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
BUILDING HEIGHT shall mean vertical distance measured from the average elevation of the finished lot grade to the highest point of the roof for flat roofs, to the deckline of a mansard roof and to the mean height between the eaves and ridge for a gable or hipped roof
BUILDING LINE shall mean a line formed by the vertical projection to the ground of the exterior surface of the building on any side. In case of a cantilevered section of a building, the vertical project will coincide with the surface nearest the property line. All yards are measured between the property line and the building line nearest that property line.
BUILDING, PRINCIPAL shall mean a building within which is conducted the main or principal use of the lot on which said building is situated.
BUILDING SETBACK shall mean the required minimum distance from the street right-of-
way line or any other lot line that establishes the area within which the principal structure must be erected or placed.
CABLE TELEVISION COMPANY shall mean a cable television company as defined pursuant to N.J.S.A. 48:5A-3.
CAMPER - A portable structure, which is self-propelled or mounted on or towed by another vehicle, and which is designated and used for temporary living for travel, recreation, vacation. Camper does not include mobile homes.
CAMPSITE - A place used or suitable for camping on which a temporary shelter such as a tent or camper may be placed and occupied on a temporary and seasonal basis.
**Webmasters Note: The previous definitions, Camper and Campsite, have been added as per Ordinance No. 01-21-OAB.
CAPITAL IMPROVEMENT shall mean a governmental acquisition of real property or major construction project.
CELLAR shall mean a story partly underground, having more than one-half (1/2) of its height below the average level of the adjoining ground.
CERTIFICATE OF APPROPRIATENESS - See N.J.A.C. 7:50-6.156 and Section 35-149 of this Chapter.
CERTIFICATE OF FILING - A certificate issued by the Pinelands Commission pursuant to N.J.A.C. 7:504.34 that a complete application for development has been filed.
**Webmasters Note: The previous definitions, Certificate of Appropriateness and Certificate of Filing, have been added as per Ordinance No. 01-21-OAB.
CIRCULATION shall mean systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.
CLEAR ZONE shall mean an area contained within the runway end subzone of an airport hazard area within which all structural development is prohibited.
CLUSTER DEVELOPMENT shall mean a development of single family detached dwellings which will preserve desirable open spaces, conserve floodplains and provide recreational parks and lands for purposes compatible with the residential uses by the reduction of lot sizes and by use of certain other regulations.
COMMERCIAL ADVERTISING SIGN shall mean a sign structure advertising an establishment, merchandise, service or entertainment, which is not sold, produced, manufactured or furnished at the property on which the sign is located, e.g., "billboards" or "outdoor advertising."
COMMERCIAL RECREATIONAL FACILITY shall mean a single- or multifacility structure or use designed to be used for cultural entertainment, exhibitions, recreational and/or sporting activities.
COMMISSION - The Pinelands Commission, created pursuant to N.J.S.A. 13:18A-1 et seq.
**Webmasters Note: The previous definition has been added as per Ordinance No. 01-21-
COMMON OPEN SPACE shall mean an open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. "Common open space" may contain such complementary structures and improvements as are necessary and appropriate for the use and enjoyment of residents and owners of the development.
COMPREHENSIVE MANAGEMENT PLAN - The plan adopted by the Commission pursuant to N.J.S.A. 13:18A-1 et seq.
**Webmasters Note: The previous definition has been added as per Ordinance No. 01-21- OAB.
CONDITIONAL USE shall mean a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the Zoning Ordinance, and upon the issuance of an authorization therefor by the Planning Board.
CONTIGUOUS LANDS - Land which is connected or adjacent to other land so as to permit the land to be used as a functional unit; provided that separation by lot line, streams, dedicated public roads that are not paved, rights-of-way and easements shall not affect the contiguity of land unless a substantial physical barrier is created which prevents the land from being used as a functional unit.
**Webmasters Note: The previous definition has been added as per Ordinance No. 01-21- OAB.
CONVENTIONAL DEVELOPMENT shall mean a development other than a planned development.
COUNTY MASTER PLAN shall mean a composite of the Master Plan for the physical development of the County in which the municipality is located, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.
COUNTY PLANNING BOARD shall mean the Planning Board of the County of Ocean.
DAYS shall mean calendar days.
DENSITY shall mean the permitted number of dwelling units per gross area of land to be developed.
DEVELOPER shall mean the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.
DEVELOPMENT shall mean the division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill; and any use or extension of use of land, for which permission may be required pursuant to this chapter.
DEVELOPMENT, PINELANDS - In the Pinelands Area of the Township, the change or enlargement of any use or disturbance of any land, the performance of any building or mining operation, the division of land into two or more parcels, and the creation or termination of rights of access or riparian rights including, but not limited to:
A. A change in type of use of a structure or land;
B. A reconstruction, alteration of the size, or significant change in the external appearance of a structure or land;
C. A material increase in the intensity of use of land, including but not limited to an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land;
D. Commencement of resource extraction, drilling, or excavation on a parcel of land;
E. Demolition of a structure or removal of trees;
F. Commencement of forestry activities;
G. Deposit of refuse, solid or liquid waste or fill on a parcel of land;
H. In connection with the use of land, the making of any material change in noise levels, thermal conditions, or emissions of waste material; and
1. Alteration, either physically or chemically of a shore, bank or flood plain, seacoast, river, stream, lake pond, wetlands or artificial body of water.
DEVELOPMENT, MAJOR PINELANDS - In the Pinelands Area of the Township, any division of land into 5 or more lots; any construction or expansion of any housing development of 5 or more dwelling units; any construction or expansion of any commercial or industrial use or structure on a site of more ,than 3 acres; or any grading, clearing or disturbance of an area in excess of 5,000 square feet.
DEVELOPMENT, MINOR PINELANDS - In the Pinelands Area of the Township, any Pinelands development ether than major Pinelands development.
DEVELOPMENT, PUBLIC - Any development by a public agency.
**Webmasters Note: The previous definitions, Development, Pinelands through Development, Public, have been added as per Ordinance No. 01-21-OAB.
DEVELOPMENT REGULATION shall mean the Berkeley Township Land Development Ordinance, Official Map Ordinance or other municipal regulation of the use and development of land or amendment thereto.
DRAINAGE shall mean the removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE RIGHT-OF-WAY shall mean 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.
DWELLING, ATTACHED : shall mean a one-family dwelling attached to two (2) or more one-family dwellings by common vertical walls.
DWELLING, DETACHED : shall mean a dwelling which is not attached to any other dwelling by any means.
DWELLING, MULTIPLE shall mean a building designed for the residence of more than two (2) families or containing more than two (2) dwelling units, including apartment houses, apartment hotels and flats, but not including motels.
DWELLING, ONE-BEDROOM APARTMENT : shall mean a one-bedroom apartment containing one (1) enclosed bedroom, toilet and bath facilities, a kitchen, a living area and a dining area. The dining area shall be in combination with, and completely open on at least one (1) side to, either the kitchen or living area. No additional rooms shall be permitted except hallways, an outdoor patio and suitable closet and storage space.
DWELLING, PATIO HOUSE shall mean a one-family dwelling on a separate lot with open space setbacks on three (3) sides and with a court.
DWELLING, SINGLE-FAMILY : shall mean a detached building designed for and occupied exclusively by one (1) family or containing one (1) dwelling unit.
DWELLING, SINGLE-FAMILY DETACHED shall mean a dwelling which is designed for and occupied by not more than one (1) family and surrounded by open space or yards and which is not attached to any other dwelling by any means.
DWELLING, THREE-BEDROOM APARTMENT shall mean a three-bedroom apartment containing three (3) enclosed bedrooms, toilet and bath facilities, a kitchen, a living area and a dining area. The dining area may be in combination with either the kitchen or living room or may be a separate room. No additional rooms shall be permitted except hallways, an outdoor patio and suitable closet and storage space.
DWELLING, TOWNHOUSE shall mean 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 (1) or more common fire resistant walls.
DWELLING, TWO-BEDROOM APARTMENT shall mean a two-bedroom apartment containing two (2) enclosed bedrooms, toilet and bath facilities, a kitchen, a living area and a dining area. The dining area shall be in combination with, and completely open on at least one (1) side to, either the kitchen or living area. No additional rooms shall be permitted except hallways, an outdoor patio and suitable closet and storage apace,
DWELLING, TWO-FAMILY shall mean a detached or semidetached building designed for not more than two (2) individual families or containing not more than two (2) dwelling units, which are separated entirely by vertical walls or horizontal floors.
DWELLING UNIT shall mean one (1) or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.
DWELLING UNIT, EFFICIENCY shall mean a dwelling unit consisting of not more than one (1) habitable room together with kitchen or kitchenette and sanitary facilities.
ELECTRIC DISTRIBUTION LINES - all electric lines other than electric transmission lines.
ELECTRIC TRANSMISSION LINES - Electric lines which are part of an electric company's transmission and subtransmission system, which provide a direct connection between a generating station or substation of the utility company and:
(a) another substation of the utility company;
(b) a substation of or interconnection point with another inter-connecting utility company; (c) a substation of a highload customer of the utility.
**Webmasters Note: The previous definitions, Electric Distribution Lines and Electric Transmission Lines, have been added as per Ordinance No. 01-21-OAB.
ENVIRONMENTAL COMMISSION shall mean a municipal advisory body created pursuant to P.L. 1968, c. 245.
EROSION - The detachment and movement of soil rock fragments by water, wind, ice or gravity.
**Webmasters Note: The previous definition has been added as per Ordinance No. 01-21- OAB.
ESSENTIAL SERVICES shall mean the erection, construction, alteration or maintenance by a public utility or municipal agency of underground or overhead transmission, distribution or collection systems necessary for the furnishing of adequate service by such utility or agency to the use on the same lot and/or surrounding neighborhood or for the public health, safety or general welfare.
FAMILY shall mean one (1) or more individuals, occupying a dwelling unit and living as a single household unit.
FARMING shall mean agricultural activity or the raising of livestock, poultry or other animals for gain, conducted on a plot of not less than three (3) acres of land.
FINAL APPROVAL shall mean the official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approved conditioned upon the posting of such guaranties.
FINAL PLAT shall mean the final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with these regulations, and which, upon approval, shall be filed with the proper County recording officer.
FISH AND WILDLIFE MANAGEMENT - The changing of the characteristics and interactions of fish and wildlife populations and their habitats in order to promote, protect and enhance the ecological integrity of those populations.
**Webmasters Note: The previous definition has been added as per Ordinance No. 01-21- OAB.
FLOOR AREA RATIO shall mean the gross floor area of all buildings on a lot divided by the lot area.
FORESTRY - The planting, cultivating and harvesting of trees for the production of wood products, including firewood. It includes such practices as reforestation, site preparation and other silvicultural practices. For purposes of this Chapter, the following activities shall not be defined as forestry:
A. Removal of trees located on a parcel of land one acre or less on which a dwelling has been constructed;
B. Horticultural activities involving the planting, cultivating or harvesting of nursery stock or Christmas trees;
C. Removal of trees necessitated by the development of the parcel as otherwise authorized by this Chapter;
D. Removal of trees necessary for the maintenance of utility or public rights-of-way;
E. Removal or planting of trees for the personal use of the parcel owner; and
F. Removal of trees for public safety.
FOREST STAND - A uniform group of trees of similar species, size, and age.
**Webmasters Note: The previous definitions, Forestry and Forest Stand, have been added as per Ordinance No. 01-21-OAB.
FREE STANDING SIGN shall mean a sign supported permanently upon the ground by poles or braces and not attached to any building.
GARAGE, PRIVATE shall mean a building intended for storage of the motor vehicles of the families resident upon the premises.
GARAGE, PUBLIC shall mean a building which is used for storage of motor vehicles on a commercial basis.
GENERAL DEVELOPMENT PLAN shall mean a comprehensive plan for the development of a planned development, as provided in N.J.S.A. 40:55D-45.2.
GOVERNING BODY shall mean the Berkeley Township Council.
GROSS FLOOR AREA shall mean the sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two (2) buildings.
GROUND SIGN shall mean a sign which is anchored to the ground similar to a pylon or freestanding sign, but which has a monolithic or columnar line and which maintains essentially the same contour from grade to top.
HABITABLE FLOOR AREA shall mean that livable area enclosed by the exterior foundation walls, excluding garages, open porches, porticoes, patios, breezeways and other similar attachments.
HABITAT - The natural environment of an individual animal or plant, population, or community.
HISTORIC RESOURCE - Any site, building, area,: district, structure or object important in American history or prehistory, architecture, archaeology and culture at the national, state, county, local or regional level.
**Webmasters Note: The previous definitions, Habitat and Historic Resource, have been added as per Ordinance No. 01-21-OAB.
HISTORIC SITE shall mean any building, structure, area or property that is significant in the history, architecture, archeology or culture of this Township, State or the nation and has been so designated pursuant to law.
HOME OCCUPATIONS shall mean an accessory use conducted in a single family residential zone for commercial gain that is secondary and incidental to the use of the lot for residential purposes and is carried on within the dwelling or an accessory building by bona fide members of the family residing therein, providing the following conditions shall apply:
a. There shall be no more than one (1) individual other than bona fide residents of the dwelling employed at the premises.
b. Not more than one (1) home occupation shall be permitted per dwelling unit.
c. Not more than six hundred fifty (650) square feet of the dwelling or fifty (50%) percent of the total building area as herein defined, whichever is less, shall be used for such accessory use. Basement, cellars or any other underground building areas shall be excluded from the total buildable area calculations.
**Webmasters Note: The definition of final plant through the previous subsection has been amended as per Supplement No. 2.
d. No use shall require external alterations to the dwelling unit.
e. The occupation shall be conducted entirely within the dwelling or within a permitted accessory structure. The outdoor storage of goods, materials or equipment shall be prohibited.
f. No occupation shall alter the character of the residential area in which it is located.
g. No equipment or process shall be used that creates excessive noise, vibration, glare, fumes, odors or electrical interference to neighboring property owners. The occupation shall not interfere with the quiet enjoyment of neighboring properties.
h. There shall be no external display of a commercial use of the residential dwelling including, but not limited to, outdoor storage of materials or equipment, on-site parking of vehicles or equipment other than parking required for the residential dwelling, lighting and display areas.
1. Retail sales shall not be conducted on the property.
j. A sign shall be permitted as set forth in subsection 3591.8.b.
k. Deliveries of products related to the occupation shall be limited to courier or other services typically provided to residential neighborhoods. Deliveries by vehicles larger than single body trucks shall be expressly prohibited.
l. Resident employee parking and/or customer parking shall not interfere with residential parking on the street where the home occupation is permitted.
m. Studios for karate or dance instruction, beauty salons, barber shops, or similar activities that generate disruptive noise or activity, or which create a parking problem in the neighborhood are specifically not permitted as home occupations.
n. Home occupations involving contractors in construction or other trades and related businesses including but not limited to the following: plumbers, electricians, appliance repair, HVAC installation, carpet or commercial cleaning services, landscaping, courier service or any other similar or related trade or business may cause not more than one (1) business related vehicle to be parked in the private driveway of a single family dwelling. Said vehicle shall not have a rated capacity exceeding one and one-half (1 1/2) tons or three thousand (3,000) pounds and shall not have more than two (2) axles. No employees shall be permitted to report to the premises for any reason. No materials or equipment shall be loaded or unloaded from a contractor's vehicle.
0. The use of any dwelling by a resident who is employed full-time elsewhere and who brings home work from that employer, or who occasionally does additional work related to either his/her primary profession, shall not be considered a home occupation subject to the requirements of this section and is permitted as of right as an accessory use.
p. Prior to the commencement of a permitted home occupation a Zoning Permit shall be obtained from the Zoning Officer as set forth in subsection 35-131.2 of this chapter.
HOTEL OR MOTEL shall mean a building designed for occupancy as the temporary residence of individuals who are lodged, with or without meals, and in which no provision shall be made for cooking in any individual room or suite.
HYDROPHYTE - Any plant growing in water or in substrate that is at least periodically deficient in oxygen as a result of excessive water content.
**Webmasters Note: The previous definition has been added as per Ordinance No. 01-21- OAB.
IDENTIFICATION SIGN shall mean a sign whose copy is limited to the name and/or address of a building, institution, person or activity being identified.
IMMEDIATE FAMILY - Those persons related by blood or legal relationship in the following manner: husbands and wives, great-grandparents, grandparents, great-grandchildren, grandchildren, parents, sons, daughters, brothers and sisters, aunts and uncles, nephews, nieces and first cousins.
IMPERMEABLE SURFACE - Any surface, which does not permit fluids to pass through or penetrate its pores or spaces.
IMPERVIOUS SURFACE - Any surface, material, structure, building or improvement that reduces or prevents the absorption of stormwater into the ground (at a percolation rate slower than 120 minutes per inch) including, but not limited to, decks, boardwalks, elevated structures, buildings, roofs, gravel, crushed stone, bituminous concrete, cementious concrete, porous paver blocks, and the like. Grass, lawns, or any other vegetation shall not be considered impervious surfaces.
**Webmasters Note: The previous definitions, Immediate Family through Impervious Surface, have been added as per Ordinance No. 01-21-OAB.
INDUSTRIAL PARK : shall mean a planned or organized industrial area with a comprehensive design for industrial buildings, utilities, parking and street access, which is systematically subdivided according to the needs of the tenants and contains more than two (2) separate buildings, either individually owned or leased, occupied by acceptable manufacturing or industrial enterprises.
INSTITUTIONAL USE - Any land used for the following public or private purposes: educational facilities, including universities, colleges, elementary and secondary and vocational schools, kindergartens and nurseries; cultural facilities such as libraries, galleries, museums, concert halls, theaters and the like; hospitals, including such educational, clinical, research and convalescent facilities as are integral to the operation of the hospital; medical and health service facilities, including nursing homes, rehabilitation therapy centers and public health facilities; law enforcement facilities; military facilities; churches; public office buildings; cemeteries; and- other similar facilities. For purposes of this ordinance, institutional use shall not include medical offices, which are not associated with hospitals or other medical or health service facilities, nor shall it include assisted living facilities.
**Webmasters Note: The previous definition has been added as per Ordinance No. 01-21-
INTERESTED PARTY : shall mean
(a) in a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and
(b) in the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire, or enjoy property is or may be affected by any action taken under this act, or whose rights to use, acquire, or enjoy property under this act, or under any other law of this State or of the United States have been denied, violated or infringed by an action or a failure to act under this act.
INTERIM RULES AND REGULATIONS - The regulations adopted by the Pinelands Commission pursuant to the Pinelands Protection Act to govern the review of applications from the adoption of the regulations until the Comprehensive Management Plan took effect on January 14, 1981. These Regulations were formerly codified as N.J.A.C. 7:1G-1 et seq.
**Webmasters Note: The previous definition has been added as per Ordinance No. 01-21- OAB.
ITEM OF INFORMATION , as applied to a motor vehicle service station sign, shall mean:
a. A word, abbreviation, initial or the name of the establishment or proprietor up to a limit of seven (7) words.
b. A number, trademark or symbol if without lettering; if it contains lettering, see below; a telephone number or zip code shall be considered a single item.
c. An illustration or design element and each broken plane of a sign, if there is more than one (1).
The following shall not constitute an "item of information":
a. The second, third, fourth, fifth, sixth and seventh words of the name of the establishment.
b. Lettering four (4) inches or less in height.
c. Letters or numbers carved into or applied in such a way that they are an architectural detail of a building, provided that they are not illustrated apart from the building, are not made of reflecting materials and do not contrast sharply in color with the building.
d. The trademark or symbol itself if it incorporates lettering larger than four (4) inches; provided, however, that the words which are a part of the trademark are counted as "items of information."
e. Directional signs.
f. Street numbers.
JUNKYARD : shall mean an area used for the storage of abandoned motor vehicles, or parts thereof, or other scrap materials or for the dismantling or demolition of automobiles or other vehicles or for the buying, selling, storing or trading of discarded metal, glass, paper, cordage or other fixtures. The term "junkyard" includes automobile wrecking yards and also includes those operations defined in the Junkyard Licensing Ordinance for which a license or permit is necessary.
LAND shall mean any improvements and fixtures on, above or below the surface.
LOCAL COMMUNICATIONS FACILITY - An antennae and any support structure, together with any accessory facilities, which complies with the standards in N.J.A.C. 7:50-5.4 and which is intended to serve a limited, localized audience through point to point communication, including cellular telephone cells, paging systems and dispatch communications. It does not include radio or television broadcasting facilities or microwave transmitters.
**Webmasters Note: The previous definition has been added as per Ordinance No. 01-21- OAB.
LOCAL UTILITY shall mean any sewerage authority created pursuant to the "Sewerage Authorities Law," N.J.S.A. 40:14A-1 et seq.; any utilities authority created pursuant to the "Municipal and County Utilities Authority Law," N.J.S.A. 40:14B-1 et seq.; or any utility authority, commission, special district or other corporate entity not regulated by the Board of Regulatory Commissioners under Title 48 of the New Jersey Statutes that provides gas, electricity, heat, power, water or sewer service to a municipality or the residents thereof.
LOT shall mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREA
a. Lot area shall mean the total horizontal area included within the lot lines, expressed in terms of square feet. Any portion of a lot included in a street right-of-way shall not be included in calculating the lot area.
b. No new lot may be created in which any portion of the land area used to meet lot area requirements herein lies beyond the mean high-water line, within a riparian grant or which lies underwater.
1. In those cases where an existing waterfront lot which was not bulkheaded but was in conformance with the minimum lot area requirement of the Zoning Ordinance in effect at the time of the lot creation and in which the lot area was reduced by the effects of erosion, a reduction of lot area not greater than ten (10%) percent of the original lot area may be permitted without a variance. The Zoning Officer shall require, in such cases, as a condition of issuance of any zoning permit to such a lot, the submission of proofs that all State and local permits required for bulkheading of this lot have been obtained, along with a plan indicating the location of the proposed bulkhead on the lot. The Zoning Officer may, as a condition to the issuance of a zoning permit, modify the bulkheading requirements to include other suitable means of shoreline stabilization as permitted by State and local agencies having jurisdiction.
2. The Construction Official shall require that all bulkheading or other suitable means of shoreline bank stabilization approved by the Zoning Officer be completed as shown on the bulkheading plan prior to the issuance of any certificate of occupancy. The purpose of the bulkheading is to ensure the dimensional stability of the lot through the prevention of erosion.
LOT, CORNER shall mean a lot or parcel of land abutting upon two (2) or more streets at their intersection, or upon two (2) parts of the same street.
LOT COVERAGE shall mean the percentage of the lot area which is covered by the building area, which includes the total horizontal area when viewed in plan.
LOT DEPTH shall mean the shortest perpendicular or radial 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.
LOT FRONTAGE shall mean a lot line, or portion thereof, which is continuously coexistent with a street line. In the case of a street of undefined width, the lot shall be assumed to parallel the center line of the street at a distance twenty-five (25) feet therefrom. In the case of corner lots, the smaller of the two (2) lot lines coexistent with the street line shall be considered as the frontage.
LOT LINE shall mean a line of record bounding a lot which divides one (1) lot from another lot or from a public or private street or any other public space.
LOT LINE, FRONT shall mean the lot line separating a lot from a street right-of-way.
LOT LINE, REAR shall mean the lot line opposite and most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped lots, a line ten (10) feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line. Lot line, side shall mean any lot line other than a front or rear lot line.
LOT, THROUGH shall mean a lot which fronts upon two (2) parallel streets, or which fronts upon two (2) streets which do not intersect at the boundaries of the lot.
LOT WIDTH shall mean the horizontal distance between the side lot lines measured at right angles to its depth at a point which constitutes the rear line of the required front yard space, which distance is measured along the minimum front setback line.
MAINTENANCE GUARANTEE shall mean any security which may be accepted by a municipality for the maintenance of any improvements required by this act, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.
MAJOR SUBDIVISION shall mean any subdivision not classified as a minor subdivision.
MANUFACTURING shall mean the fabrication, assembly or processing of goods or materials, or the storage of bulk goods, where such activities create no hazard from fire or explosion and produce no toxic or corrosive fumes, gas, smoke, odors, obnoxious dust or vapor, offensive noise or vibration, glare, flashes or objectionable effluent.
MASTER PLAN shall mean a composite of one (1) or more written or graphic proposals for the development of the Township which shall have been duly adopted by the Planning Board.
MARINA shall mean any waterfront facility wherein berthing spaces for any and all watercraft or boats are provided. A "marina" shall be deemed to include, in addition, automobile parking facilities; sanitary facilities; motor fuel sales; boat sales, repairs, maintenance and service, excluding, however, facilities for the construction of new boats. For the purpose of this chapter, the rental, sale or lease of two (2) or more berthing spaces other than by residents of the property contiguous to same shall be deemed to constitute a "marina" and the same shall conform to all provisions of this chapter pertaining to "marinas.
**Webmasters Note: The previous definitions, Lot through Marina, have been amended as per Supplement No. 5.
MINOR SITE PLAN shall mean a development plan of one (1) or more lots which
(1) proposes new development within the scope of development specifically permitted by ordinance as a minor site plan;
(2) does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42; and
(3) contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval of a minor site plan have been met.
MINOR SUBDIVISION shall mean any subdivision containing not more than four (4) lots fronting on an existing street, not involving any new street or road or the extension of Township facilities or off-tract improvements, not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Master Plan, Official Map, Zoning Ordinance or this chapter.
MOBILE HOME - A dwelling unit manufactured in one or more sections, designed for long-term occupancy and which can be transported after fabrication to a site where it is to be occupied.
**Webmasters Note: The previous definition has been added as per Ordinance No. 01-21- OAB.
MUNICIPAL AGENCY shall mean the Planning Board or Board of Adjustment, or Governing Body of the Township of Berkeley when acting pursuant to this chapter and any agency which is created by or responsible to one or more municipalities when such agency is acting pursuant to this chapter.
NONCONFORMING LOT shall mean a lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE shall mean a structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING USE shall mean a use or activity which was lawful prior to the adoption, revision or amendment of 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.
NURSING HOME shall mean any building in which more than one (1) room or an area exceeding four hundred (400) square feet is used for the accommodation of the aged or sick who are residents therein, excluding members of the resident family.
OFFICIAL COUNTY MAP shall mean the map, with changes and additions thereto, adopted and established from time to time by resolution of the Board of Chosen Freeholders of the County pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP : shall mean a map adopted by ordinance pursuant to Article 5 of Chapter 291 of the Laws of 1975.
OFF-SITE shall mean located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.
OFF-SITE COMMERCIAL ADVERTISING SIGN - A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
**Webmasters Note: The previous definition has been added as per Ordinance No. 01-21- OAB.
OFF-TRACT shall mean not located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
ON-SITE shall mean located on the lot in question.
ON-TRACT shall mean located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN SPACE shall mean 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 off-street parking and other improvements that are designated to be incidental to the natural openness of the land.
OWNER shall mean any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
PARCEL - Any quantity of land, consisting of one or more lots, that is capable of being described with such definiteness that its location and boundaries may be established.
**Webmasters Note: The previous definition has been added as per Ordinance No. 01-21- OAB.
PARKING SPACE shall mean that off-street area required for parking of a motor vehicle.
PARTY IMMEDIATELY CONCERNED mean, for purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under N.J.S.A. 40:55D-12.
PERFORMANCE GUARANTEE shall mean any security, which may be accepted by a municipality, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5 and cash.
PINELANDS AREA - That area designated as such by N.J.S.A. 13:18A-1 et seq.
PINELANDS DEVELOPMENT CREDITS - A use right allocated to certain lands within the township pursuant to N.J.A.C. 7:50-5.43 that can be used to secure a residential density bonus in Regional Growth Areas in other Pinelands Area municipalities.
PINELANDS COMPREHENSIVE MANAGEMENT PLAN - the plan and amendments adopted by the Pinelands Commission pursuant to Section 7 of the Pinelands Protection Act, to be cited as "N.J.A.C. 7:50 et. seq."
PINELANDS DEVELOPMENT REVIEW BOARD - The agency responsible from February 8, 1979 until June 28, 1979 for the review of and action on applications for development in the Pinelands Area which required approvals of other state agencies, except where the Pinelands Commission acted on applications during that time period.
PINELANDS PROTECTION ACT - N.J.S.A. 13:18A-1 to 29.
PINELANDS RESOURCE RELATED USE - Any use that is based on resources, which are indigenous to the Pinelands including, but not limited to forest products, berry agriculture and sand, gravel, clay or ilmenite.
**Webmasters Note: The previous definitions, Pinelands Area through Pinelands Resource Related Use, have been added as per Ordinance No. 01-21-OAB.
PLANNED COMMERCIAL DEVELOPMENT shall mean an area of minimum contiguous size as specified by ordinance 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 and other uses incidental to the predominant use as may be permitted by ordinance.
PLANNED DEVELOPMENT shall mean planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
PLANNED INDUSTRIAL DEVELOPMENT shall mean an area of a minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one (1) or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by ordinance.
PLANNED RESIDENTIAL RETIREMENT COMMUNITY shall mean an area of land or development containing dwellings; recreational, cultural and medical facilities; and services for the benefit of permanent residents of communities which require that residents comply with the provisions, stipulations and restrictions regarding senior communities allowing occupancy of units by persons fifty-five (55) years of age or older, as contained in the Federal Fair Housing Act, as amended in 1988. Provisions for and regulations applicable to this type of development are more fully set forth in Article VII.
PLANNED UNIT DEVELOPMENT : shall mean an area with a specified minimum contiguous acreage of ten (10) acres or more to be developed as a single entity according to a plan, containing one (1) or more residential clusters or planned unit residential developments and one (1) or more public, quasi-public, commercial or industrial areas in such ranges or ratios of nonresidential uses to residential uses as shall be specified in the Zoning Ordinance.
PLANNED UNIT RESIDENTIAL DEVELOPMENT (PRD) : shall mean an integrated community providing various single- family, multifamily, commercial and recreational uses coordinated with common open space.
PLANNING BOARD : shall mean the municipal Planning Board established pursuant to N.J.S.A. 40:55D-23.
PLANTS, THREATENED OR ENDANGERED - A Pinelands plant species whose survival worldwide, nationwide, or in the state is in jeopardy.
**Webmasters Note: The previous definition has been added as per Ordinance No. 01-21- OAB.
PLAT shall mean a map or maps of a subdivision or site plan.
PORTABLE SIGN OR SANDWICH SIGN shall mean any mobile or portable sign or sign structure, not permanently attached to the ground or to any structure.
PRELIMINARY APPROVAL shall mean approval granted under Article VII of this chapter which confers certain rights pursuant to Sections 34, 36 and 37 of Article 6, Chapter 291 of the Laws of 1975, prior to final approval, after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
PRELIMINARY PLAT shall mean the preliminary map indicating the proposed layout of the subdivision which is submitted for Planning Board consideration and preliminary approval, and meeting the requirements of this chapter.
PRELIMINARY FLOOR PLANS AND ELEVATIONS shall mean architectural drawings prepared during early and introductory stages of the design of a project, illustrating in a schematic form its scope, scale and relationship to its site and immediate environs.
PROFESSIONAL OFFICE; PROFESSION shall mean the office of a member of a recognized profession, which shall include only the offices of doctors or physicians, dentists, optometrists, ministers, architects, landscape architects, professional engineers, land surveyors, lawyers, artists, authors, real estate brokers, musicians and such other similar professional occupations as may be so designated by the Board of Adjustment upon findings by such Board that such occupation is truly professional in character (as herein intended) by virtue of the need for similar training and experience as a condition for the practice thereof and that the practice of such occupation shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone to any greater extent than the professional activities listed herein. The issuance of a state or local license for regulation of any such occupation need not be deemed indicative of professional standing. When such office is combined with residence, the office shall be the individual office of one (1) member and one (1) member only, without associates or partners and with office personnel limited to not more than two (2); the area of said office shall not exceed fifty (50%) percent of the total floor area of the building.
PROHIBITED USE : shall mean that use which is not specifically allowed or permitted in a particular zone and for which a special reasons variance under N.J.S.A. 40:55D-70(d) would be necessary in order to provide that use in that particular zone.
PUBLIC AREAS shall mean:
a. Public parks, playgrounds, trails, paths and other recreational areas.
b. Other public open spaces.
c. Scenic and historic sites.
d. Sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSAL shall mean a master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
PUBLIC DRAINAGEWAY : shall mean the land reserved or dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.
PUBLIC OPEN SPACE shall mean an open space area conveyed or otherwise dedicated to the Township, a Township agency, Board of Education, State or County agency or other public body for recreational or conservational uses.
PUBLIC SERVICE INFRASTRUCTURE - Sewer service, gas, electricity, water, telephone, cable television and other public utilities developed linearly, roads and streets and other similar services provided or maintained by any public or private entity.
**Webmasters Note: The previous definition has been added as per Ordinance No. 01-21- OAB.
PUBLIC UTILITY : shall mean any public utility regulated by the Board of Regulatory Commissioners and defined pursuant to N.J.S.A. 48:2-13.
QUORUM : shall mean the majority of the full authorized membership of a municipal agency.
RECOMMENDED MANAGEMENT PRACTICE - The management program that employs the most efficient use of available technology, natural, human and economic resources.
RECORD TREE - The largest tree of a particular species in New Jersey based on its circumference at 4.5 feet above ground level. A listing of the largest known tree of each species and its location is maintained at the principal office of the Commission.
RECREATIONAL FACILITY, INTENSIVE - Any recreational facility which does not satisfy the definition of low intensive recreational facility including but not limited to golf courses, marinas, amusement parks, hotels, and motels.
RECREATIONAL FACILITY, LOW INTENSIVE - A facility or area which complies with the standards in N.J.A.C. 7:50-5, Part III, utilizes and depends on the natural environment of the Pinelands and requires no significant modifications of that environment other than to provide access, and which has an insignificant impact on surrounding uses or on the environmental integrity of the area. It permits such low intensity uses as hiking, hunting, trapping, fishing, canoeing, nature study, orienteering, horseback riding and bicycling.
RESIDENTIAL CLUSTER shall mean an area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.
RESIDENTIAL DENSITY shall mean the number of dwelling units per gross acre of residential land area including streets, easements and open space portions of a development.
RESOURCE CONSERVATION PLAN shall mean a plan, prepared for review by the Soil Conservation District, which details the proposed use of agricultural recommended management practices.
RESOURCE EXTRACTION shall mean the dredging, digging, extraction, mining and quarrying of sand, gravel clay, or ilmenite for commercial purposes, not including, however, the private or agricultural extraction and use of extracted material by a landowner.
RESUBDIVISION shall mean 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 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 not including conveyances so as to combine existing lots by deed or other instrument.
RUNWAY END SUBZONE shall mean a component of an airport hazard area which is trapezoidal in shape, extends three thousand (3,000) feet from the runway end along the runway center line, is two thousand three hundred fifty (2,350) feet wide at the runway end, eight hundred fifty (850) feet wide at three thousand (3,000) feet from the runway end and has a longitudinal center line common with the extended runway center line.
RUNWAY SUBZONE shall mean a component of an airport hazard area which is rectangular in shape and two thousand three hundred fifty (2,350) feet in width, and has the same length and center line as the runway which it circumscribes.
SAFETY ISLAND shall mean a strip of land which is topsoiled, seeded, otherwise landscaped or contains natural vegetation and separates a public street from an on-site parking area. These planted islands are intended to provide a clear distinction between on-site parking areas and the street curb line or edge of pavement.
SCREENING STRIPS shall mean a method of visually shielding or obscuring one (1) abutting or nearby structure or use from another by fencing, walls, berm, or densely planted vegetation.
SEASONAL HIGH WATER TABLE shall mean the level below the natural surface of the ground to which water seasonally rises in the soil in most years.
SERVICE ACCESS shall mean 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 or portion thereof.
SETBACK LINE
a. Setback distance requirements from the face of any structure to property lines, road, street and highway rights-of-way and on major running streams and other bodies of water are herewith established in this chapter for each zoning district as shown on the zoning map and as delineated in this chapter. Such setback distances shall be the minimum distance. The face of any structure may be located from any right-of-way line, property line, stream or other body of water.
b. Determination of the conformance of waterfront properties, with the setback requirement set forth herein for the zoning district in which they lie, shall be in the following manner:
1. For bulkhead properties, the actual setback distance provided shall be the distance as measured from the face of the structure to be erected to the outbound face of the existing or approved bulkhead.
2. For properties in which no bulkheads or other suitable means of shoreline embankment stabilization are provided, the setback distance provided shall be as measured from the outbound face of the proposed bulkhead as approved by the State of New Jersey or the mean high water line, as established by a certified survey approved by the State of New Jersey.
SHOPPING CENTER shall mean an integral commercial building complex under one (1) ownership serving the needs of a neighborhood or regional area, made up of separate commercial retail establishments having a minimum total floor area of one thousand five hundred (1,500) square feet.
SIGN shall mean any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images. Signs do not include the flag or emblem of any nation, organization of nations, State or city, or any fraternal, religious or civic organizations; merchandise, pictures or models of products or services incorporated in a window display; works of art which in no way identify a product; or scoreboards located on athletic fields.
SIGN, BILLBOARD OR COMMERCIAL shall mean an advertising sign or structure erected and maintained by persons engaged in the sale or rental of space thereon and upon which is displayed products or services which are not made or offered by those persons who own the sign or by those persons upon whose property the sign is erected.
**Webmasters Note: The previous definitions, Recreational Facility, Low Intensive through Sign, Billboard or Commercial, have been amended as per Supplement No. 5.
SIGN, ENTERPRISE IDENTIFICATION : shall mean any structure used to identify the product or activity being pursued by an industrial or business enterprise and which is displayed upon the lot occupied by such enterprise for the purpose of notifying the public as to the location and type of activity in which it is engaged.
SITE PLAN shall mean a development plan of one (1) or more lots on which is shown the existing and proposed conditions of the lot- including but not necessarily limited to topography, vegetation, drainage, floodplains, 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, screening devices and any other information that may be reasonably required in order to make an informed determination by the Planning Board.
SPECIMEN TREES shall mean the largest known individual trees of each species as set forth in a publication entitled "New Jersey's Biggest Trees," NJDEPE, Division of Parks and Forestry, Summer 1991. Large trees approaching the diameter of the known largest tree shall be considered specimen trees.
STANDARDS OF PERFORMANCE shall mean standards
(1) adopted by ordinance pursuant to subsection 52d, N.J.S.A. 40:55D-65d, 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 municipality or
(2) required by applicable Federal or State laws or municipal ordinances.
STORY shall mean that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. No "story" shall be deemed to be a first story if its floor level is more than six (6) feet above the level from which the height of the building is measured. A mezzanine floor shall be counted as a "story" if it covers more than one-third (1/3) the area of the floor next below it. For the purpose of this chapter, a bilevel or split-level dwelling shall be considered a one-story structure.
STREET : shall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing State, County or municipal roadway, or which is shown upon a plat heretofore approved pursuant to law, or which is approved by official action as provided by law, or 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 the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
a . Arterial streets shall mean those streets which are used primarily for fast or heavy traffic.
b. Collector streets shall mean those streets which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such development.
c. Minor streets shall mean those streets which are used primarily for access to the abutting properties.
d. Marginal access streets shall mean streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
e. Alleys shall mean minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
STREET LINE shall mean the dividing line between a lot and the street right-of-way contiguous thereto.
STRUCTURAL ALTERATION shall mean any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or in the utility system or mechanical equipment of a structure which materially alters its usability.
STRUCTURE shall mean a combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.
SUBDIVIDER shall mean any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.
SUBDIVISION shall mean the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered "subdivisions" within the meaning of this chapter, if no new streets are created: 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; divisions of property by testamentary or intestate provisions; divisions of property upon court order; and conveyances so as to combine existing lots by deed or other instrument. The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION COMMITTEE shall mean 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 other duties relating to land subdivision as may be conferred on this Committee by the Board.
SWALE shall mean a depression in the ground which channels runoff.
TOPSOIL shall mean the original layer of soil material varying in thickness which constitutes the A-1 soil horizon and higher levels is usually darker and richer than the subsoil.
TRANSCRIPT shall mean a typed or printed verbatim record of the proceedings or reproduction thereof.
USE shall mean the specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.
UTILITY DISTRIBUTION LINES - Lines, conduits or pipes located in a street, road, alley or easement through which natural gas, electricity, telephone, cable television, water, sewage or storm water discharge is distributed to or from service lines extending from the main line to the distribution system of the building or premises served. Utility distribution lines do not include electric transmission lines.
**Webmasters Note: The previous definition has been added as per Ordinance No. 01-21- OAB.
VARIANCE shall mean permission to depart from the literal requirements of the Berkeley Township Zoning Ordinance pursuant to Article 7, Section 47, and Article 9, Section 57c and d, of Chapter 291 of the Laws of 1975.
WETLANDS - Those lands that are inundated or saturated by water at a magnitude, duration and frequency sufficient to support the growth of hydrophytes. Wetlands include lands with poorly drained soils as designated by the National Cooperative Soils Survey of the Soil Conservation Service of the United States Department of Agriculture. Wetlands include coastal wetlands and inland wetlands, including submerged lands.
WETLAND SOILS shall mean those soils designated as very poorly drained or poorly drained by the Soil Conservation Service of the United States Department of Agriculture, including but not limited to Atsion, Bayboro, Berryland, Colemantown, Elkton, Keansbury, Leon, Muck, Othello, Pocomoke, St. Johns and Freshwater Marsh and Tidal Marsh soil types.
YARD, FRONT shall mean a space extending the full width of the lot between any building and the front lot line, and measured perpendicular to the building at the closest point to the front lot line. Such front yard is unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.
YARD, REAR shall mean a space extending across the full width of the lot between the principal building and the rear lot line, and measured perpendicular to the building to the closest point of the rear lot line. Such rear yard is unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.
YARD, REQUIRED shall mean the open space between a lot line and the buildable area within which no structure shall be located except as provided in this chapter.
YARD, SIDE shall mean a space extending from the front yard to the rear yard between the principal building and the side lot line measured perpendicular from the side lot line to the closest point of the principal building. Such side yard is unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.
ZERO LOT LINE shall mean the location of a building on a lot in such a manner that one (1) or more of the building's sides rests directly on a lot line.
ZONE shall mean a specifically delineated area or district in the Township within which regulations and requirements uniformly govern the use, placement, spacing and size of land and buildings.
ZONING shall mean the dividing of Berkeley Township into districts and the establishment of regulations governing the use, placement, spacing and size of land and buildings.
ZONING BOARD shall mean the Board of Adjustment as established under this chapter.
ZONING MAP shall mean the map or maps which are a part of the ordinances of Berkeley Township and delineate the boundaries of zone districts.
ZONING OFFICER shall mean that person designated by the Township Council to administer and enforce the provisions of this chapter.
ZONING PERMIT shall mean a document signed by the Zoning Officer (1) which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building; and (2) which acknowledges that such use, structure or building complies with the provisions of the municipal Zoning Ordinance or variance therefrom duly authorized by a municipal agency pursuant to N.J.S.A. 40:55D-60 and N.J.S.A. 40:55D-70. (Ord. No. 94-29 § 118-3; Ord. No. 97-33; Ord. No. 97-34; Ord. No. 99-39-OAB § 1; Ord. No. 01-21-OAB §§ 3, 4; Ord. No. 02-4-OAB § 1; Ord. No. 03-24-OAB)
POLE TRAILER shall mean every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads, such as poles, pipes or structural members capable, generally, of sustaining themselves as beams between the supporting connections.
SEMITRAILER shall mean every vehicle, with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.
TRAILER shall mean every vehicle, with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
**Webmasters Note: The previous sections, 35-91.12 through the previous definition of 35-92.b, have been amended as per Supplement No. 7.
TRUCK shall mean every motor vehicle designed, used or maintained primarily for the transportation of property.
TRUCK TRACTOR shall mean every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. (Ord. No. 94-29 § 118-16.6)
PLANNED RESIDENTIAL RETIREMENT COMMUNITY hereinafter referred to as "PRRC," shall mean a community having one (1) or more parcels of land with a contiguous total acreage of at least one hundred (100) acres forming a land block to be dedicated to the use of a planned retirement community; through its corporation, association or owners, the land shall be restricted by bylaws, rules, regulations and restrictions of record, and services for the benefit of permanent residents of communities which require that residents comply with the provisions, stipulations and restrictions regarding senior communities allowing occupancy of units by persons fifty-five (55) years of age or older, as contained in the Federal Fair Housing Act, as amended in 1988. Ownership of the residential units and the area comprising a PRRC may be in accordance with the provisions of N.J.S.A. 46:8B-1 et seq., or the ownership may be as is commonly referred to as "fee simple" with open space to be maintained through assessment against property owners within the confines of the community. (Ord. No. 94-29 § 118-16.25A)
**Webmasters Note: The previous definition pertains to this section 35-101.1 only.
APPLICANT shall mean a landowner or authorized agent who has filed an application for a PRD development in accordance with the provisions and regulations of this section.
**Webmasters Note: The previous definition pertains to section 35-103.1 only..
COMMON OPEN SPACE shall mean a parcel or parcels of land or an area of water, or a combination of land and water, within a PRD, designed and intended for the use of the residents of the PRD, not including streets, off-street parking areas, private yard space and areas set aside for public facilities. "Common open space" shall be substantially free of structures but may contain such improvements as are in the development plan as finally approved and as are appropriate for recreational use by the residents. The feasibility of use by the residents of the parcel or parcels of land or area of water, or combination of land and water, shall be subject to and conditioned upon the approval and consent of the Board.
COMMON OPEN SPACE shall mean a parcel or parcels of land or an area of water, or a combination of land and water, within a PRD, designed and intended for the use of the residents of the PRD, not including streets, off-street parking areas, private yard space and areas set aside for public facilities. "Common open space" shall be substantially free of structures but may contain such improvements as are in the development plan as finally approved and as are appropriate for recreational use by the residents. The feasibility of use by the residents of the parcel or parcels of land or area of water, or combination of land and water, shall be subject to and conditioned upon the approval and consent of the Board.
**Webmasters Note: The previous definition pertains to section 35-103.1 only..
DEVELOPMENT PLAN : shall mean a proposal for the development of a PRD, prepared in accordance with this section, including a plat of subdivision, location of various uses, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities and site plans.
**Webmasters Note: The previous definition pertains to section 35-103.1 only.
DWELLING UNIT shall mean a complete eating, sleeping, cooking and bathroom facilities for one (1) family or household. The term "dwelling unit" shall include single-family detached units, townhouse units and garden apartment units.
**Webmasters Note: The previous definition pertains to section 35-103.1 only.
GROSS RESIDENTIAL DENSITY shall mean the calculated number of dwelling units per acre in a PRD, computed by dividing the proposed number of dwelling units by the number of acres in the development, excluding land to be devoted to commercial use, land under permanent bodies or flowing streams of water, preexisting development of tract and one-half (1/2) of all land within a floodplain area as defined either in this chapter or any other ordinance of the Township of Berkeley.
**Webmasters Note: The previous definition pertains to section 35-103.1 only.
LANDOWNER shall mean the legal or beneficial owner or owners of land within the development; the holder of an option or contract to purchase, whether or not such option or contract is subject to any condition; a leasee having a remaining term of not less than forty (40) years; or any other person having proprietary interest in the land.
**Webmasters Note: The previous definition pertains to section 35-103.1 only.
NONPROFIT HOMEOWNERS' CORPORATION shall mean an incorporated organization of homeowners within a planned residential development to which all homeowners automatically belong. The purpose of the organization is to own, maintain and preserve common open-space land, and the costs thereof are to be shared equitably among the members of the organization, subject to the amount of land and structure or structures owned thereon by each of the members.
**Webmasters Note: The previous definition pertains to section 35-103.1 only.
OPEN SPACE TRUST shall mean an organization in which all common open-space land is deeded to a trustee through a deed of trust. The trustee owns, maintains and preserves the common open space. All residents have an easement over the surface of common open-space land and share equitably in the cost of maintenance and development. The vehicle for the administration of the trust shall be a nonprofit corporation formed pursuant to Title 15 of the New Jersey Statutes.
**Webmasters Note: The previous definition pertains to section 35-103.1 only.
PUBLIC DRAINAGEWAY shall mean the land reserved or dedicated for the installation of: stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage.
**Webmasters Note: The previous definition pertains to section 35-103.1 only.
PUBLIC OPEN SPACE shall mean an open-space area conveyed or otherwise dedicated to a municipality, municipal agency, Board of Education, State or County agency or other public body for recreational or conservational uses.
PUBLIC OPEN SPACE shall mean an open-space area conveyed or otherwise dedicated to a municipality, municipal agency, Board of Education, State or County agency or other public body for recreational or conservational uses.
**Webmasters Note: The previous definition pertains to section 35-103.1 only.
SANITARY SEWER SYSTEM, CENTRALIZED shall mean a development-wide system designed to collect, centrally treat and dispose of sewage from the development.
SANITARY SEWER SYSTEM, CENTRALIZED shall mean a development-wide system designed to collect, centrally treat and dispose of sewage from the development.
**Webmasters Note: The previous definition pertains to section 35-103.1 only.
STREET CLASSIFICATIONS :
a. Arterial street shall mean a major street for carrying a large volume of through traffic in the area and on which traffic is normally controlled by traffic signs and signals.
b. Collector street shall mean a main street within the neighborhood or development which intercepts local streets and on which traffic is controlled by signs.
c. Local street shall mean a residential street or access road to individual properties.
**Webmasters Note: The previous definition pertains to section 35-103.1 only.
shall mean a development-wide supply system designed to transmit water from a common source to residents of the development.
**Webmasters Note: The previous definition pertains to section 35-103.1 only.
WATER SUPPLY SYSTEM, PUBLIC shall mean a supply system servicing a major portion of a municipality or municipalities, developed and administered by a governmental agency or authority. (Ord. No. 94-29 § 118-16.27A)
WATER SUPPLY SYSTEM, PUBLIC shall mean a supply system servicing a major portion of a municipality or municipalities, developed and administered by a governmental agency or authority. (Ord. No. 94-29 § 118-16.27A)
**Webmasters Note: The previous definition pertains to section 35-103.1 only.
AFFORDABLE shall mean a sales price or rent within the means of a low or moderate income household as defined in pursuant to applicable Council on Affordable housing regulations.
**Webmasters Note: The previous sections, 35-110.10.a.1 through the previous definition of 35- 113, have been amended as per Supplement No. 7.
AFFORDABLE HOUSING ADMINISTRATOR (AH ADMINISTRATOR) shall mean any designee appointed by the Township Council of the Township of Berkeley or any individual or entity contracted with by the Township Council of the Township of Berkeley to administer the compliance and/or implementation of the Township's Housing Element and Fair Share Plan. The Township may have more than one AH Administrator.
AFFORDABLE HOUSING SITE (AH SITE) : shall mean any site which will provide affordable housing on or off site or any site which, pursuant to an agreement with the Township, will generate monies to fund affordable housing programs.
AFFORDABLE HOUSING TRUST FUND shall mean a fund
(a) to receive monies paid pursuant to the Repayment Option, pursuant to a Mandatory Fee Ordinance, or pursuant to any other provision of this Article; and
(b) to be used strictly for affordable housing purposes.
CONSENT ORDER shall mean and refer either
(a) to the orders entered June 6, 1991 and July _, 1994 with respect to the Lifetime settlement; or
(b) to the order entered June 1991 with respect to the Foxmoor settlement.
COUNCIL ON AFFORDABLE HOUSING (COAH) : shall mean the State agency created pursuant to the Fair Housing Act, N.J.S.A. 52:27D-301, et seq., and charged with the primary jurisdiction over affordable housing matters in the State.
DEVELOPER'S AFFORDABLE HOUSING PLAN shall mean a plan submitted by the developer and approved by the Affordable Housing Administrator which shall identify the manner in which the developer plans to develop, price, market and restrict the low and moderate income dwelling units in accordance with this Article.
DCA shall mean the New Jersey Department of Community Affairs.
EQUALIZED ASSESSED VALUE shall mean the value of a property determined by the 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 permit may be obtained by the Tax Assessor utilizing estimates for construction cost. Final equalized assessed value will be determined at project completion by the Assessor.
EXEMPT SALES shall mean and include the transfer of ownership between husband and wife and transfers of ownership between former spouses as a result of a judicial decree of divorce or a judicial separation but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a Class A beneficiary and a transfer of ownership by court order.
FAIR MARKET VALUE : shall mean the unrestricted price of a low or moderate income housing unit if sold at a current real estate market rate.
INCLUSIONARY DEVELOPMENT shall mean a residential housing development in which
(a) a percentage of the housing units are reserved on the site for low and moderate income households;
(b) a percentage of units are reserved off the site for low and moderate income households; or
(c) if the developer discharges any Mount Laurel responsibilities associated with the development of any affordable housing site by contributing money to advance the Township's affordable housing objectives consistent with the Consent Orders.
JUDGEMENT OF REPOSE : shall mean a judgment issued by the Superior Court approving the Township's plan to satisfy its fair share obligation.
LOW INCOME HOUSING : shall mean housing affordable according to Council on Affordable Housing (COAH) standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to fifty (50%) percent or less of the median gross household income for households of the same size within the housing region in which the house is located in and subject to affordability controls.
LOWER INCOME HOUSING : shall mean the low and moderate income housing to be constructed on any site shall collectively be referred to as the lower income housing units.
MANDATORY DEVELOPMENT FEE shall mean the fee paid pursuant to a Mandatory Fee Ordinance.
MANDATORY FEE ORDINANCE : shall mean an ordinance which prohibits development pursuant to an existing permitted use in the zoning ordinance without compelling the affected developer to contribute monies to the municipality's affordable housing fund.
MARKET UNITS shall mean housing within any inclusionary development, not restricted to low and moderate income households that may sell at any price determined by a willing seller and willing buyer.
MODERATE INCOME HOUSING shall mean housing affordable according to Council on Affordable Housing (COAH) standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income of more than fifty (50%) percent but less than eighty (80%) percent of the median gross household income for households of the same size within the housing region in which the house is located and subject to affordability control.
OPEN SPACE : shall mean any parcel or area of water or land essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
OVERLAY ZONE shall mean a zoned area of the Township in which low and moderate income housing may be built as a matter of right in addition to another use.
PRICE DIFFERENTIAL : shall mean the difference between the controlled unit sale price and the fair market value as determined at the date of the proposed contract of sale after reasonable real estate broker fees have been paid.
RECEIVING MUNICIPALITY : shall mean, for purposes of a Regional Contribution Agreement, a municipality which agrees to assume a portion of another municipality's fair share obligation.
REGIONAL CONTRIBUTION AGREEMENT (RCA) : shall mean a voluntary contractual agreement between two (2) municipalities within the same housing region established pursuant to N.J.S.A. 52:27D-312 permitting the transfer of up to fifty (50%) percent of the housing obligation from one (1) municipality to another municipality.
REPAYMENT CLAUSE : shall mean obligation of a seller exercising the repayment option to pay ninety-five (95%) percent of the price differential to Berkeley Township at closing for use within the municipal housing plan.
REPAYMENT OPTION shall mean the option of a seller of a low or moderate income unit to sell a unit pursuant to N.J.A.C. 5:92-12.7 at a fair market value subject to compliance with the terms of the repayment clause.
SECTION 8 INCOME LIMITS shall mean a schedule of income limits that defines fifty (50%) percent and eighty (80%) percent of median income by household size. When used herein, Section 8 income limits shall refer to the "uncapped" schedule as published by COAH.
SENDING MUNICIPALITY shall mean, for purposes of a RCA, a municipality which transfers a portion of its fair share obligation to another willing municipality.
SET ASIDE shall mean the percentage of housing units restricted to low and moderate income households within an inclusionary development.
SETTLEMENT AGREEMENT shall mean a fully executed settlement agreement dated June 6, 1991 and July 1994 between the Township of Berkeley, the Berkeley Township Planning Board and Lifetime Homes of New Jersey, Inc. and a fully executed settlement agreement dated June 1991 betweeen the Township of Berkeley, the Berkeley Township Board of Adjustment and Foxmoor Berkeley Associates.
UNIT COMPLETION shall mean the receipt of any temporary or final certificate of occupancy. (Ord. No. 94-29 § 118-17.1; Ord. No. 94-55)
MINOR RESIDENTIAL STREET - The lowest order of residential streets, these streets provide frontage for access to lots or units and carry traffic having origin and destination on the street itself They are designed to carry the least amount of traffic at the lowest speeds. Housing units front this street type. A minor residential street will have a maximum ADT level of five hundred (500) based on average weekday trip generation rates for single family detached units of 10.0, 6.6 for townhouse units, 4.0 for low rise structures and 3.5 for age restricted units.
**Webmasters Note: The previous definition pertains to section 35-119 b. only..
CUL-DE-SACS - A street with one (1) means of ingress and egress and having a turnaround at its terminus. Cul-de-sacs shall be classified and designed pursuant to anticipated ADT levels: A residential access cul-de-sac will have a maximum ADT level of two hundred fifty (250), and a residential sub-collector will have a maximum ADT level of five hundred (500) based on average weekday trip generation rates for single family detached units of 10.0, 6.6 for townhouse units, 4.0 for low rise structures and 3.5 for age restricted units.
**Webmasters Note: The previous definition pertains to section 35-119 b. only.
RESIDENTIAL SUB-COLLECTOR - A middle order street, these streets provide frontage for access to lots and carry traffic of adjoining residential access streets. Residential subcollectors are designed to carry somewhat higher traffic volumes with traffic limited to motorists having origin or destination within the immediate neighborhood. They are not intended to interconnect adjoining neighborhoods or subdivisions and shall not carry regional through traffic.
**Webmasters Note: The previous definition pertains to section 35-119 b. only.
Sub-collectors shall be designed so that no section conveys an ADT greater than five hundred (500). Each half of a loop subcollector may be classified as a single sub- collector street, but the total traffic volume conveyed on the loop street shall not exceed one thousand (1,000) ADT, nor shall it exceed five hundred (500) ADT at any point of traffic concentration. Maximum ADT levels shall be calculated based on average weekday trip generation rates for single family detached units of 10.0, 6.6 for townhouse units, 4.0 for low rise structures and 3.5 for age restricted units.
RESIDENTIAL COLLECTOR - The highest order of residential street these streets conduct and distribute traffic between lower order streets and higher order streets, such as arterials. They carry the largest volume of traffic at higher speeds. Their function is to promote free traffic flow; therefore, on-street parking is prohibited, and direct access to homes from this level of street shall be avoided. Residential collector streets shall be designed so that no section conveys an ADT greater than three thousand (3,000). Maximum ADT levels shall be calculated based on average weekday trip generation rates for single family detached units of 10.0, 6.6 for townhouse units, 4.0 for low rise structures and 3.5 for age restricted units.
ADULT ARCADE shall mean any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or image-producing devices are maintained to show images to one (1) person per machine at any one (1) time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."
**Webmasters Note: The previous definition pertains to section 35-127.14 3.b only.
ADULT BOOKSTORE OR ADULT VIDEO STORE : shall mean a commercial establishment which as one (1) of its principal business purposes offers for sale, rental or display any one of the following:
1. Books, magazines, periodicals or other printed material, or photographs, films, motion pictures, video cassettes, slides or other visual representations which depict or describe a "specified sexual activity" ",specified anatomical area;" or still or motion picture machines, projectors or other image-producing devices which show images to one (1) person per machine at any one (1) time, and where the images so displayed are characterized by the depiction of a "specified sexual activity" or "specified anatomical area;" or instruments, devices or paraphernalia which are designed for use in connection with a "specified sexual activity;" or
2. A commercial establishment which regularly features live performances characterized by the exposure of a "specified anatomical area" or by a "specified sexual activity," or which regularly shows films, motion pictures, video cassettes, slides, or other photographic representations which depict or describe a "specified sexual activity" or "specified anatomical area."
**Webmasters Note: The previous definition pertains to section 35-127.14 3.b only.
ADULT MOTEL : shall mean a hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration, and which:
1. Provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas," and has a sign visible from a public right-of-way which advertises the availability of this adult type of photographic reproductions; or
2. Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
3. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.
**Webmasters Note: The previous definition pertains to section 35-127.14 3.b only.
ADULT MOTION PICTURE THEATER : shall mean a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical area." Adult motion picture theaters shall meet the seating criteria established for adult theaters.
**Webmasters Note: The previous definition pertains to section 35-127.14 3.b only.
ADULT THEATER : shall mean a theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity of live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities." Seating shall be provided in a design consistent with traditional movie theaters. All sitting areas shall be visible and unobstructed.
**Webmasters Note: The previous definition pertains to section 35-127.14 3.b only.
COMMERCIAL DISPLAY : shall mean the exhibition to the senses of another person for valuable consideration whether the valuable consideration is paid by the recipient of the exhibition or by another, and whether the exhibition occurs at the exhibitor's place of business or elsewhere.
**Webmasters Note: The previous definition pertains to section 35-127.14 3.b only.
NUDITY OR A STATE OF NUDITY shall mean the appearance of a human bare buttock, anus, male genitals, female genitals or female breasts.
**Webmasters Note: The previous definition pertains to section 35-127.14 3.b only.
OBSCENE MATERIALS : shall mean the definition of obscene materials set forth in c. 95, L. 1978 as amended by c. 211, Section 1, L. 1982 (effective December 23, 1982 as N.J.S.A. 2C:34-2) as same shall be amended or supplemented, as well as in accordance with and not more strictly than judicial interpretations thereof pursuant to the Constitutions of the United States and of the State of New Jersey finally concluded in courts of jurisdiction sufficient to render decisions on constitutional questions of general application.
**Webmasters Note: The previous definition pertains to section 35-127.14 3.b only.
PERSON : shall mean an individual, proprietorship, partnership, corporation, association or other legal entity.
**Webmasters Note: The previous definition pertains to section 35-127.14 3.b only.
SEXUALLY ORIENTED BUSINESS shall mean an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater or adult theater.
**Webmasters Note: The previous definition pertains to section 35-127.14 3.b only.
SPECIFIED ANATOMICAL AREA shall mean:
1.. Less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below a point immediately above the top of the areola; or
2. Human male genitals in a discernibly turgid state, even if covered.
**Webmasters Note: The previous definition pertains to section 35-127.14 3.b only.
SPECIFIED SEXUAL ACTIVITY shall mean:
1. The fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breasts;
2. Any actual or simulated act of human masturbation, sexual intercourse or deviate sexual intercourse;
3. Excretory functions as part of or in connection with any of the activities set forth in paragraphs a. and b.
c. Location of Sexually Oriented Businesses.
1. It shall be a violation of this section if a person operates or causes to be operated or allows to be operated a sexually oriented business:
(a) Within one thousand (1,000) feet of a place of worship;
(b) Within one thousand (1,000) feet of any school, whether public or private or within one thousand (1,000) feet of any school bus stop;
(c) Within one thousand (1,000) feet of a boundary of a growth area, village or rural development district or zone;
(d) Within one thousand (1,000) feet of any other sexually oriented business;
(e) Within one thousand (1,000) feet of any residential use or zone;
(f) Within one thousand (1,000) feet of any public park or playground.
2. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest door of the structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a place of worship, a school, a boundary of a residential district, a public park or playground, a lot devoted to residential use or a school bus stop.
3. A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the establishment of the sexually oriented business, of a place of worship, school, public area, residential district or residential lot within one thousand (1,000) feet of the sexually oriented business.
4. Sexually oriented businesses shall conform with design standards and development requirements established through the ordinances of the Township of Berkeley.
d. Enforcement.
1. Any person violating any provision of this section, upon conviction, is punishable by a fine not to exceed one thousand ($1,000.00) dollars, or a term of imprisonment not to exceed ninety (90) days or both. In no event shall any person violating this section, upon conviction, receive a fine below the amount of one hundred ($100.00) dollars. (Ord. No. 97- 50 § 118-18.11)
**Webmasters Note: The previous definition pertains to section 35-127.14 3.b only.