Glossary forBerkeley Heights (Township of), Union County, NJ

ACCEPTED STREET A street which has been dedicated to and accepted by the municipality

ACCESSORY USE OF BUILDING OR STRUCTURE A subordinate use building or structure, which is customarily incidental to a principal use or building and on the same lot

ADMINISTRATIVE OFFICER The person duly designated as the Township Engineer by and acting for the municipality, unless otherwise designated in any specific section of this Ordinance

AFFORDABLE HOUSING . Low Income or Moderate Income Housing in accordance with the provisions of Part 18 of this Ordinance and intended to satisfy the Township's Fair Share obligation

ALTERATION As applied to a building or a structure, a change or rearrangement in the structural parts or in the existing facilities or an enlargement, whether by extension of a side or by increasing in height or by moves front one location or Position to another

APARTMENT One or more dwelling looms with a private bath and kitchen facilities, comprising an independent self-contained dwelling unit in a larger building

APPLICANT : One who applies for development approval. or any other person who seeks to engage in the movement of soil.

APPROVED PLAN A plan which has been approved by the applicable boards

ARCHITECTURAL HEIGHT EXTENSION An increase in maximum building height above that permitted by the Schedule of General Regulations designed to improve the architectural appearance of a building, provide for visual focal points or provide for additional area needed to satisfy density criteria and in accordance with the provisions of Part 7 of this Ordinance.

AREA, BUILDING The maximum horizontal cross-section of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps

ARTICULATED BASE COURSE Horizontal design elements such as kick plates or sill plates to define and articulate the base of a building

AVERAGE DAILY TRIPS (ALSO A D T ) The average number of vehicles pet day that arrive at and/or leave from a given site

AXONOMETRIC PROJECTION A drawing projection by lines perpendicular to the drawing surface in which a rectangular solid appears as inclined and shows three faces

BOARD The Planning Board of Berkeley Heights or the Zoning Board of Adjustment of Berkeley Heights as they are indicated by the context of the Article or Section

BUFFER An area consisting of trees, shrubs, solid fencing, earth berms or a combination of all, so installed as to provide both visual and acoustical barrier between properties

BUILDING COVERAGE That percentage of the lot covered by the building area

BUILDING FOOTPRINT . The horizontal area contained within the outer dimensions of the foundation walls of a building or roof overhangs including projecting second stories

BUILDING HEIGHT : The vertical dimension measured from the average elevation of the finished lot grade to the highest point of roofline of the top storey in the case of a flat roof; to the deck line of a mansard roof, and to the average height between the plate and ridge of a gable, hip or gambrel roof, excluding head houses, elevator shafts, elevator tanks, chimneys, dish antennae and the like.

**Webmasters Note: The previous definition has been amended as per Ordinance No. 10-2010.

BUILDING LINE - FRONT Where the street line is straight, a line parallel to the street line which passes through the point of the building structure nearest to the street line Where the street line is curved, the building line shall pass through the point of the building or structure which is nearest to the street line and shall be curved such that the minimum distance from the building line to the street line is maintained across the entire property. Where the building has the minimum setback, the building line will be the same as the setback line Where the lot fronts on more than one (1) street, front building lines shall be defined independently for each street

BUILDING LINE - REAR - A line defined in the same manner as the front building line except that it shall pass through the point of the building or structure which is farthest from the street line

CALIPER The diameter of a tree measured in inches, six (6) inches above the ground line for trees up to four (4) inches in diameter, if of a larger diameter the measurement is made twelve(12)inches above the ground line To be used to measure nursery stock See also DBH

CAR WASH An establishment only engaged in automatic cleaning, washing. and polishing motor vehicles within a structure except that this shall not be deemed to preclude a retail store selling incidental items related to such purposes

CARTWAY The hard or paved portion of a street customarily used by vehicles in the regular course of travel Where there are curbs. the cartway is that portion between the curbs Where there are no clubs, the cartway is that portion between the edges of the paved or graded width.

CERTIFICATE OF OCCUPANCY Permit signed by the Construction Official which is required by ordinance a- a condition precedent to the commencement of occupancy of a building, structure or site

CLERK The person duly elected Township Clerk acting for the municipality

COLOR STANDARDS Preferable color selections to be used for all exterior portions of buildings in the DD, HB-2, HB-3, DH-12, DH-18, and DH-24 Districts See also Downtown Color List.

COMPLIANCE PLAN The Affordable Housing Compliance Plan submitted by the Township in the matter entitled Deland and Scarpa v Township of Berkeley Heights, Docket No L-73036-87

COMPREHENSIVE MEDICAL CARE FACILITY : An integrated health care facility of one or more buildings in which are housed activities as described herein involving doctors and other health care professionals. The facility may include medical and administrative offices, laboratories, treatment morns and similar uses and activities intended to provide various medical services including medical examination and testing, radiology, ambulatory surgery, urgent care, dialysis, rehabilitation, therapy, health screening and education, pain management, health and fitness centers and similar services, together with customarily incidental accessory uses. The facility shall not include any provisions for regular over-rights stays, long term residential or rehabilitative in-patient care, or similar activities.

**Webmasters Note: The previous definition has been added as per Ordinance No. 16-02.

CONSTRUCTION OFFICIAL The person duly appointed by the Township Committee to enforce and administer certain regulations as set forth in this Ordinance and in the Uniform Construction Code, N.J.A.C. 5 23

CORNICE A decorative horizontal design element used to define and terminate the top of a building

COAH COUNCIL ON AFFORDABLE HOUSING The legislatively established entity charged with the promulgation of affordable housing rules and regulations

D. B. H, The diameter of an existing tree trunk measured at breast height (three (3) feet six (6) inches above ground level) See also Caliper.

DAY CARE FACILITY . A facility for those requiring or needing daytime care and meeting all state requirements.

DECK : An unenclosed structure, uncovered porch, or stoop, of wood or other structural material, set on wood, masonry or other columns or piers with a slatted floor with a maximum of 114 inch separations, the platform of which shall be attached to and extend from a residence (This definition shall also be applicable to "Decks" in conjunction with "Swimming and Wading Pools" as per Section 3. 1.7)

DESIGN VOCABULARY The street scape, pavement materials, parking, street lighting, sidewalks, building materials, colors, and landscaping at, set forth in Part 19 of this Ordinance

DEVELOPER'S AGREEMENT A written agreement executed by the Township and one or more Developers setting forth the respective obligations of the Township and the Developer(s) under the terms of, and in connection with the Compliance Plan

DIRECT/REFLECTED LIGHT . Light emanating from any lighting fixture or other lighting source which falls direct]), upon adjacent properties or after reflection from any structure upon the lot containing the fixture or source falls upon adjacent properties provided that such light exceeds 0 1 foot candies at the property line

DISH ANTENNA Any apparatus or device by whatever name known and any connected support structure, designed for the purpose of receiving microwave, television, radio or other electromagnetic signals from any source, but does not include conventional television, radio or amateur radio antennae

DOWNTOWN DISTRICTS The DD, Downtown Development District, DH-18, DH-12, and DH-24, Downtown Housing Districts, and the HB-2 and HB-3, Housing Business Districts.

DRAINAGE RIGHT-OF-WAY The land required for the installation and maintenance of storm sewers or drainage ditches, or the land required along a natural stream or water course for preserving a channel of adequate width, as determined by the Engineer and providing for the flow of water therein, to safeguard the public against flood damage in accordance with Title 58 of the Revised Statutes of New Jersey

DUPLEX A building consisting of two separate dwelling units with a closed vertical partition between the units with independent means of ingress and egress for each unit and with separate utility service

DWELLING UNIT . Is one (1) or more rooms providing living facilities for one (1) family, including equipment for cooking or provisions for the same.

EGRESS AND INGRESS - Egress is the provision of facilities for either pedestrians or vehicles for leaving a particular lot or land. Ingress is the provision of facilities for either pedestrians or vehicles for entering a particular lot or land

ENGINEER The person duly designated as the "Township Engineer" by and acting, for the municipality.

EXCAVATOR Any person who shall move or remove soil as said term is hereinafter defined

FACADE : The total wall surface. including door and window areas, of a building's face Each wall surface shall be considered a separate facade

FAIR-SHARE OBLIGATION The number of affordable housing units for which the township is required to provide reasonable opportunity within its zoning ordinance as such number may be established by COAH or other appropriate State Agency or by the Superior Court of New Jersey

FAMILY - A single individual or group of persons related by blood or marriage, or not more than three (3) unrelated persons having domestic bond. doing their own cooking and living together upon the premises as a separate housekeeping unit

FENESTRATION The pattern of window and door openings in a building facade.

FITNESS CENTER : Any facility engaged in the sale of instruction, training, or assistance in a program of physical exercise or weight reduction, which may include, but not be limited to, the use of a weight lifting room, aerobic exercises and classes, running and jogging, instructional programs, weight control programs, game courts, indoor and outdoor swimming pools, saunas, steam rooms, whirlpool baths, massages, spas, showers, lockers or any other exercising or weight reduction machine or device. The permitted Accessory Uses for Fitness Centers shall be as follows: (a) indoor and outdoor playgrounds; (b) indoor and outdoor sale of food and beverages; (c) retail sale of health and fitness related items; (d) salons; (e) child activity centers; (f) nutritional centers; (g) pro shops; (h) membership sale offices and preview centers, and (i) all other customary and incidental uses of a fitness center.

**Webmasters Note: The previous definition has been added as per Ordinance No. 8-07.

FRONTAGE . The distance along the property line parallel and adjacent to the right-of-way line

GARAGE IN LI, HB, OR, OR-A, OR DMX ZONES A building or space used as an accessory to the main building which provides storage of motor vehicles accessory to the permitted use

GARAGE. PRIVATE A building or space used as an accessory to the main building which provides the storage of not more than three (3) motor vehicles and In which no occupation, business or service for profit is carried on

GARAGE. PUBLIC A building or space other than a private garage, for the storage of motor vehicles and the provision of services stated under the definition of "motor vehicle service station". This term does not include motor vehicle showrooms for new or used motor vehicles

GOVERNING BODY . The Township Committee of Berkeley Heights.

GFA OR GROSS FLOOR AREA The total floor area of the building in square feet considering the outside perimeter walls of the building at each and every floor level and including each floor grade, if the ceiling is higher than six (6) feet There shall be no deduction for hall areas, staircases, elevator areas, stairwells, closets, storage areas or other similar areas except that the following areas shall not be included in the calculations:

(i) basement areas used only for storage or utilities, and

(ii) areas in excess of one hundred (100) square feet at any floor level which are without a floor and which form part of a common open space or atrium within a building

HOTEL : A building containing units, each having its only access from an interior corridor, designed and intended to be used as overnight sleeping accommodations for transient guests, which building has a public lobby and full-time management serving the guests and which may contain Accessory Uses, including, but not limited to, restaurants, sundry shops, convenience shops, or other similar shops, boutiques, spas, salons, post office services, recreational facilities, fitness centers, meeting rooms, indoor and outdoor swimming pools, and convention facilities or any other similar accessory uses.

**Webmasters Note: The previous definition has been added as per Ordinance No. 8-07.

HOUSING FUND The Fund established by the Township by ordinance as the depository for monies received by the Township from Developer's Agreements forming a part of the Compliance Plan or pursuant to other provisions of this Ordinance Such monies shall be used by the Township to satisfy its affordable housing obligations under the Compliance Plan, to provide for satisfaction of future affordable housing obligations, and 16 provide. in whole or in part, for roads, utilities, traffic improvements, property acquisition, recreational facilities or open space, structural improvements or renovations, the provision of fire or safety apparatus, or capital improvements required by or considered necessary or beneficial in connection with the housing to be constructed in accordance with the Compliance Plan or future affordable housing obligations of the Township

HOUSING REGION The geographical area defined by COAH for purposes of calculating the Township's Fair Share Obligation

IMPERVIOUS SURFACE A surface which does not permit the passage of surface water into or through itself

INCLUSIONARY DEVELOPMENT A project of residential uses which include the construction of a number of affordable housing units in accordance with Part 18 of this Ordinance

ISOMETRIC DRAWINGS A drawing where all three faces are equally inclined to the drawing surface so that all the edges are equally foreshortened

LAND . Any parcel of land or portion thereof, the boundary lines of which can be ascertained by reference to the maps and records, or either, in the office of the Tax Assessor of Berkeley Heights Township or the office of the Union County Planning Board

LANDSCAPE The improvement and ornamentation of a site with gardening, trees, shrubs and landscape architecture

LANDSCAPE AREAS. Areas containing trees, shrubs, and ground cover ponds, streams and/or any other areas or features which can be reasonably included. but shall not include areas occupied by buildings or structures, paving for parking, loading, unloading, or access thereto, required buffers or areas utilized for outside storage

LINTEL A horizontal decorative articulation and structural member placed over a window or door opening

LOADING BERTH : An off-street space or berth on the same lot with the building, interior to the building or landscaped or screened as per the Ordinance, used for the temporary parking of a commercial vehicle while loading or unloading with a minimum of fourteen (1 4) feet of vertical clearance

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

LOT, CORNER : A lot having two (2) or more street lines which intersect

LOT, THROUGH . A lot having two (2) street lines which do not intersect

LOT AREA . An area of land which is determined by the limits of the lot lines bounding that area Any portion of a lot included in a street right-of-way, schoolway or public walkway, shall not be included in calculating lot areas for the purpose of meeting minimum lot dimension requirements

LOT DEPTH . A mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lines

LOT LINE . A line of record dividing one (1) lot or parcel of land from another as shown on a certified filed map or as defined by a filed deed or both.

LOT LINE-REAR . A lot line which is neither a street line nor a side lot line

LOT LINE . - Side A lot line which intersects a street line.

LOT WIDTH . The straight line distance between the points of Intersection between the front setback line and the lot lines In the case of a through lot, the lot width shall be determined at the front setback line associated with the principal street line in the case of a corner lot, the minimum of the lot widths, calculated independently for each street line, shall be deemed the lot width.

LOW INCOME HOUSING . Housing which is affordable according to Federal Department of Housing and Urban Development or other recognized 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 Township is located and which is subject to affordability controls

MATERIAL STANDARDS - Required types of external materials for walls, roof, door and window trim, cornices and soffits, shutters, awnings and gutters in accordance with Part 19 of this Ordinance.

MAYOR . The Chairman of the Township Committee

MEDIAN INCOME . The Federal Department of Housing and Urban Development uncapped median income by family size for Union County using the most recent calculations of the United States Department of Housing and Urban Development for each appropriate household

MINOR SUBDIVISION . A subdivision of land for the creation of not more than three (3) lots, provided that such subdivision does not involve (1) a planned development, (2) any new street or (3) the extension of any off tract improvement the cost of which is to be prorated pursuant to Section 30, c 29 l, P L 1975, (N J S A 40 55D-42)

MIXED USE STRUCTURE . A building which combines housing with one or more of the following in accordance with this Ordinance retail, personal services, or offices

MODERATE INCOME HOUSING . Housing which is affordable according to Federal Department of Housing and Urban Development or other recognized standards for ]ionic ownership and rental costs and occupied or reserved for occupancy by households with a gross household income 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 Township is located and which is subject to affordability controls

MOTOR VEHICLE SERVICE STATION . Any establishment servicing motor vehicles with fuel, oil, lubrication services, lubricants, and other vehicle maintenance supplies, parts and equipment not requiring extensive or prolonged mechanical work for installation

MOVE To dig, to excavate, to remove, to deposit, to place, to fill, to grade, regrade, level, or otherwise alter or change the location or contour, to transport, or to supply

MUNICIPALITY The Township of Berkeley Heights in the County of Union and State of New Jersey

NURSERY SCHOOL A school designed to provide daytime care or instruction for five (5)or more children from two (2) to six (6) years of age inclusive, and operated oil a regular basis, and licensed by the N J Department of Education

OPENING . Removing, digging in, disturbing, excavating or taking up any surface, pavement, or soil of any street or right-of-way area.

OUTDOOR CAFE - An establishment at which food is sold primarily for consumption on the premises, with accommodations for patrons seated and served by waiters or waitresses at tables located outdoors, which may be under a colonnade, canopy or umbrella

OVERNIGHT PARKING - A truck, trailer, or other business or commercial vehicle shall be considered to be parked on private property overnight if it remains on such property for a continuous period in excess of ow hour between the hours of 2:00 am. and 5:00 a.m. prevailing time whether or not it is moved within the boundaries of such property during such time period.

**Webmasters Note: The previous definition has been added as per Ordinance No. 37-01.

OWNER Any person seized in fee simple of any lot or having such other interest or estate therein as will permit, exercise, or effect possession thereof or dominion thereover.

PARKING DECK A structure which has as its purpose the multi-story parking of automobiles or other vehicles

PARKING SPACE An area specifically intended to be used for the parking of a motor vehicle provided on a particular lot (on-site parking), in a shared parking structure off-site (shared parking) or an adjacent municipal right-of-way (street parking) (See Part 11)

PAVEMENT The regularly traveled portion of any street

PEDIMENTS Triangular or arch decorative articulation over window and door openings

PERMIT A written authorization issued by the appropriate governmental authority

PERMIT ZONING A permit signed by the appropriate administrative officer which

(1)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) 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 this Ordinance

PERMITTED ACCESSORY USE A use which is incidental and allowable in regards to the principal use on the same lot

PERMITTED PRINCIPAL USE The main use to which the property is put as allowed by this Ordinance.

PERSON : Any individual, Finn. association, partnership, or corporation or any group of two or more of them

PERSPECTIVE SKETCH A drawing projection by lines representing, on a plane. the spatial relationship of objects as they might appear to the eye

PILASTERS A portion of a square column, usually set within or against a wall for the purpose of strengthening the wall or for decoration.

PLANNING BOARD The Planning Board of the Township of Berkeley Heights.

PLANTING STRIP . The area between the cartway and the sidewalk within the right-of-way usually planted with grass and within which street trees may be located

PLAT-CONCEPTUAL A plan, map or chart indicating a proposed layout of a proposed subdivision which is submitted to the Planning Board for review and discussion

PLAT - FINAL The plan, map or chart of a subdivision which is given final approval by the Planning Board.

PLAT-PRELIMINARY A plan, map or chart indicating the proposed layout of the subdivision which is to be submitted to the Clerk for consideration by the Planning Board

PORTICO A covered entryway attached to a building. usually open on three (3) sides and supported by posts or columns

PRINCIPAL BUILDING A building in which the principal use or uses are conducted Buildings connected by structures whose main purpose is passage shall not be considered a single principal building but shall be considered separate principal buildings

PROJECTION . An extension of a building which protrudes or juts out from the vertical plane of the building.

PUBLIC OPEN SPACE An open space area convey or otherwise dedicated to an municipality or municipal agency, Board of Education, state or county agency or other public body for recreational or conservational uses

RATIONAL METHOD A method accepted by the engineering profession in determining surface water hydrology which requires the delineation of watershed area run-off coefficients and rainfall intensity based on time of concentration

RECREATIONAL FACILITY . A structure, building or use of land which provides space, equipment or other facilities for recreation No significant portion of the Gross Floor Area of any building in use as a recreational facility shall be used for public assembly seating unless approved in accordance with this Ordinance.

RESEARCH LABORATORY A building or structure which is devoted to invention or development of concepts and ideas including the initial construction of prototypes resulting from such use

RESTAURANT - A public eating facility at which food is sold primarily for consumption by patrons seated at tables, booths or counters, and where food is served by waiters or waitresses at such tables, booths or counters The term "restaurant" does not include drive-in restaurants or fast-food restaurants as otherwise defined in this section

RESTAURANTS, DRIVE-IN/FAST FOOD : A restaurant or food service establishment from which patrons may purchase food and beverages ready for consumption which are received via a motor vehicle drive-through window located in the principal structure or accessory structure. Consumption of the food and beverages is intended to occur outside the confines of the property on which the restaurant is located.

**Webmasters Note: The previous definition has been amended as per Ordinance No. 26-02.

RETAIL Activity primarily involving on-premise sale of goods or services directly to the ultimate consumer

RIGHT-OF-WAY AREA Any property either owned by the Township of Berkeley Heights in fee simple or over which the Township has an easement and which is held by the Township for road purposes or for any other municipal utility or other purpose, the said area providing access for Township purposes

SCREENING A visual barrier made up of planted or architectural materials for the purpose of preventing the view of an object or area by the general public

SECRETARY The person duly designated as "Secretary" by and acting as such for the Planning Board or Zoning Board of Adjustment.

SENIOR CITIZEN HOUSEHOLD : A household with at least one member fifty-five (55) years or older.

**Webmasters Note: The previous definition has been amended as per Ordinance No. 15-08.

SETBACK : The minimum horizontal distance between the front, rear or side lot lines and closest part of the front, rear or side walls of a building or structure Where noted, "setback" shall also refer to the minimum horizontal distance between the exterior wall of one building and any other building or pedestrian accessway The front set back to a building shall be measured from any future right-of-way line adopted in the Master Plan unless specifically provided otherwise by this Ordinance.

SETBACK LINE A line within the lot, having a minimum distance to the lot line equal to the minimum setback allowed by this Ordinance.

SHOULDER . That area within the street right-of-way adjacent to the existing pavement and available for use by vehicular traffic.

SIDEWALK Paved path adjacent to a public street for use by pedestrians.

SIGN : Any device, structure or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others.

SITE - Any plot, parcel, or parcels of land.

SOIL - Any earth, sand, clay, loam, gravel, humus, rock, or dirt without regard to the presence or absence therein of organic matter.

SOIL EROSION AND SEDIMENT CONTROL PLAN . The plan indicating temporary or permanent measures to be taken to prevent erosion and/or sediment damage submitted by the applicant in an application for development.

SOIL PERMIT A permit for the addition, removal, or movement of soil located on any lot within the Township of Berkeley Heights.

SPATIAL ENCLOSURE An area that has a specific identity and a sense that there are specific area boundaries.

STANDARD DETAILS AND DESIGN CRITERIA Detailed construction standards and acceptable methods of engineering analysis and design criteria which have been adopted by the Planning Board by resolution of the Board at a public meeting.

STORY : A story is that part of a building between the surface of any floor and the surface of the floor next above it, or, in its absence, then the finished ceiling or roof above it, including those basements used for the principal use. A split-level story shall be considered a second story if its floor level is six (6) feet or more above the level of the line of the finished floor next below it except a basement. Any floor under a sloping roof at the top of a building which is more than two (2) feet below the top plate shall be counted as a story, and if less than two (2) feet below the top plate, it shall be counted as a half story, provided not more than sixty (60%) percent of the floor area is used for rooms, baths, or toilets; otherwise, it shall be counted as that fraction of a story which its floor area in rooms, baths or toilets bears the entire floor area.

**Webmasters Note: The previous definition has been amended as per Ordinance No. 10-2010.

STORY HALF : A half-story is the space under a sloping roof that has the line of intersection of the roof and the wall face not more than three (3) feet above the floor level and in which space the possible floor area with head room of five (5) feet or less occupies at least for (40%) percent of the total floor area of the story directly beneath. (See Figure A Half Story.)

**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

**Webmasters Note: The previous definition has been added as per Ordinance No. 10-2010.

STORM WATER MANAGEMENT PLAN . The plan for control of storm water submitted by the applicant in an application for development.

STREET - ARTERIAL . A heavy traffic street providing through traffic movements and designated as such in the Master Plan of the Township of Berkeley Heights.

STREET - COLLECTOR . A through street providing for traffic movement between an arterial street and other streets and may include the principal entrance street of a residential development and streets used for circulation within a development.

STREET - DEAD END . A minor street used primarily for one access to abutting properties with only one (1) outlet.

STREET - INDUSTRIAL A street providing for direct access to, and for local traffic movements in, the LI or DMX Zones.

STREET - MINOR . A street primarily providing direct access to abutting land and for local traffic movement.

STREET FURNITURE Benches, trash receptacles, planters, street signs, and other similar items placed on site or within the public right-of-way.

STREET LINE . That line which determines the limit of the highway rights of the public Street line and right-of-way boundary are synonymous.

STREET LINE PRINCIPAL For a through lot one (1) of the two (2) street lines maybe designated as the principal street line if the house "faces" that street

STREET LINE, SECONDARY The street line on the opposite side of the lot from the principal street line

STREET PROPORTION The ratio established between the width of the street right-of-way and the height of the building facades along the street

STREETSCAPE The area between the cartway and the buildings. and including, but not limited to, the building facade. decorative lamp posts. sidewalks, street tree,, and privacy edge hedge/fencing,

SURFACE WATER . Water, from whatever source. which does not penetrate the surface but puddles on such surfaces or flows across it

SURFACE WATER RUNOFF Surface water which flows off the property

TOPSOIL . Soil that, in its natural state, constitutes the top layer of earth and is composed of two (2%) percent or more, by weight, of organic matter and has the ability to support vegetation

TOWNHOUSE . A building containing at least three (3) but no more than six (6) attached dwelling units where each dwelling unit is compatibly designed in relation to all other units, but is distinct by such design features as width, setback, roof design, color, exterior materials and other features, singularly or in combination

URBAN DESIGN PLAN . The plan for the Downtown Development, Downtown Housing and Housing-Business Districts indicating the location of existing and pi proposed roads. densities, building mass, intensity of use, parking, parks, and streetscape design guidelines

USE . The purpose for which land or a building is designed, arranged, intended or for which it is, or may be occupied or maintained

USE-PRINCIPAL Any significant use of a building, structure or land

USE - PUBLIC : Any use of a building, structure or land for municipal, county, state or federal governmental purposes.

USE-RESIDENTIAL The use of a building. structure or land as a dwelling unit

UTILITY AND SERVICE RIGHT-OF-WAY The land required for the installation and maintenance of sanitary and storm sewers, water lines, power lines. and other similar utilities and services

VISUAL TERMINATION The view that one sees walking or driving down a street or along a major axis or view shed, it should terminate on a landmark or other distinctive building element such as a clock tower.

YARD - FRONT - The lot area bounded by the front building line and the corresponding streetline Where the lot fronts on more than one (1) street, the front yard shall be the aggregate of the front yards defined independently for each street For a through lot having the driveway exiting onto the principal street, the definition of the front yard associated with the secondary street shall use the setback line in lieu of the front building line

YARD-REAR The lot area which is neither front yard nor sideyard

YARD - SIDE The lot area which is not front yard and is between a front building line and a rear building line

ZONING OFFICER The duly appointed person by the Township Committee to enforce and administer the zoning regulations of this Ordinance.

ADMINISTRATIVE OFFICER The clerk of the municipality unless a different municipal official or officials, are designated by ordinance or statute.

APPLICANT A Developer submitting an application for development.

APPLICATION FOR DEVELOPMENT : The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to Section 25 or Section 27 of the MLUL.

APPROVING AUTHORITY The Planning Board of the municipality unless a different agency is designated by ordinance when acting pursuant to the authority of the MLUL.

BOARD OF ADJUSTMENT The board established pursuant to Section 56 of the MLUL.

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

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

CERTIFICATION OF COMPLETENESS OF APPLICATION Applications for development within the jurisdiction of the Planning Board shall be reviewed for completeness in accordance with regulations herein.

CIRCULATION 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.

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

COMPLETE APPLICATION An application form completed as specified by ordinance and the rules and regulations of the municipal agency, and all accompanying documents required by ordinance for approval of the application for development, including where applicable, but not limited to, a site plan or subdivision plat, provided that the municipal agency may require such additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency An application shall be certified as complete immediately upon the meeting of all requirements specified in the ordinance and in the rules and regulations of the municipal agency, and shall be deemed complete as of the day it is so certified by the administrative officer for purposes of the commencement of the time period for action by the municipal agency.

CONDITIONAL USE A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the Zoning ordinance, and upon the issuance of an authorization therefor by the Planning Board or, where applicable, the Zoning Board of Adjustment

CONVENTIONAL A development other than planned development

COUNTY MASTER PLAN 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 The Planning Board of the county in which the land or development is located.

DAYS Calendar days.

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

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

DEVELOPMENT : The division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or any mining, excavation or landfill, and any use or change in use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to the MLUL

DEVELOPMENT REPUTATION - A Zoning Ordinance, Subdivision Ordinance, Site Plan Ordinance, Official Map Ordinance or other municipal regulation of the use and development of land, or amendment thereto adopted and filed pursuant to the MLUL

DIVISION The Division of State and Regional Planning in the Department of Community Affairs.

DRAINAGE The removal of surface water or groundwater from land by drains, grading or other means and including control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.

ENVIRONMENTAL COMMISSION A municipal advisory body created pursuant to P L 1968, C 245 (N J S A 40 56A- 1 et seq)

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

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

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

GOVERNING BODY : The chief legislative body of the municipality In municipalities having a Board of Public Works, Governing Body means such board.

GROSS FLOOR-AREA RATIO The ratio between the total area of all floors of all buildings or buildings or structures on the lot in the Township of Berkeley Heights and the lot area (total available property within the boundaries of the Township of Berkeley Heights, New Jersey)

HISTORIC-SITE : Any real property, man-made structure. natural object or configuration or any portion or group of the foregoing which have been formally designated in the Master Plan as being of historical, archeological, cultural, scenic or architectural significance.

INTERESTED PARTY

(1) In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey, and

(2) in the case of a civil proceeding in any court or in ally 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 ally other law of this State or of the United States have been denied, violated. or infringed upon by all action or a failure to act under the M L.U L

LAND Includes improvements and fixtures on, above or below the surface.

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

MAINTENANCE GUARANTEE Any security, other then cash which may be accepted by a municipality for the maintenance of any improvements required by the M L U L

MAJOR SUBDIVISION Any subdivision not classified as a minor subdivision

MASTER PLAN A composite of one (1) or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to Section 19 of the MLUL

MAYOR The chief executive of the municipality, whatever his official designation may be, except that in the case of municipalities governed by municipal council and municipal manager the term Mayor shall not mean the Municipal Manager but shall mean the Mayor of such municipality

MUNICIPALITY Any city, borough, town, township or village

MUNICIPAL AGENCY A Municipal Planning Board or Zoning Board of Adjustment, or the governing body of a municipality when acting pursuant to this Act and any agency which is created by or responsible to one (1) or more municipalities when such agency is acting pursuant to the M L U L

NON-CONFORMING LOT A lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a Zoning Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption. revision or amendment

NON-CONFORMING STRUCTURE A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a Zoning Ordinance, but which falls to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

NON-CONFORMING USE : A use or activity which was lawful prior to the adoption, revision or amendment of a Zoning Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

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

OFFICIAL MAP A map adopted by ordinance pursuant to Article 5 or the M L U L

OFFSITE Located outside the lot lines of (the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.

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

ONSITE : Located on the lot in question

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

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

PARTY IMMEDIATELY CONCERNED . For purposes of notice any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under the M L U L.

PERFORMANCE GUARANTEE Any security, which may be accepted by a municipality, including cash; provided that a municipality shall not require more than ten (10) percent of the total performance guarantee in cash

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

PLANNING BOARD . The municipal Planning Board established pursuant to Section 15 of this Ordinance.

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

PRELIMINARY APPROVAL The conferral of certain rights pursuant to Sections 34, 36 and 37 of the M.L.U.L. prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant

PRELIMINARY FLOOR PLANS AND ELEVATIONS Architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form, its scope, scale and relationship to its site and immediate environs

PUBLIC AREAS

(1) Public parks, playgrounds, trails, paths and other recreational areas,

(2) other public open spaces,

(3) scenic and historic sites, and

(4) sites for schools and other public buildings or structures

PUBLIC DEVELOPMENT PROPOSAL : A Master Plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto

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

PUBLIC OPEN SPACE An open space area conveyed or otherwise dedicated to a municipality, municipal agency, Board of Education, state or county agency, or other public body for recreational or conservational uses.

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

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

RESIDENTIAL DENSITY The number of dwelling units per gross acre of residential land area including streets, easements and open space positions of a development

RE-SUBDIVISION

(1) The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or

(2) the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyance so as to combine existing lots by deed or other instrument.

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

SITE PLAN - A development plan of one (1) or more lots on which is shown

(1) the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, flood plains, marshes and waterways,

(2) the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices,

(3) any other information that may be reasonably required in order to make ail informed determination pursuant to an ordinance requiring review and approval of site plans by the Planning Board adopted pursuant to Article 6 of the M L U L

STANDARDS OF PERFORMANCE - Standards (1) adopted by ordinance pursuant to the M L U L regulating noise levels, glare, earthborne or sonic vibrations, heat. electronic or atomic radiation, noxious odors, toxic matters, explosive and flammable 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

STREETS Any street, avenue, boulevard, road, parkway, viaduct, drive or other way

(1) which is an existing state, county or municipal roadway, or

(2) which is shown upon a plat heretofore approved pursuant to law, or

(3) which is approved by official action as provided by this Act, or

(4) which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and 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, glitters, curbs, sidewalks, parking areas and other areas within the street lines

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

SUBDIVISION : The division of a lot, tract, or parcel of land into two (2) or more lots, tracts, parcels or other divisions of land for sale or development The following shall not be considered subdivisions within the meaning of this Ordinance, if no new streets are created:

(1) divisions of land found by the Planning Board to be for agricultural purposes where all resulting parcels are five (5) acres or larger in size,

(2) divisions of property by testamentary or intestate provisions,

(3) divisions of property upon court order including but not limited to judgments of foreclosure,

(4) consolidation of existing lots by deed or other recorded instrument, and

(5) the conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels oil the tax map or atlas of the municipality The term "subdivision" shall also include the term "resubdivision".

TRANSCRIPT : A typed or printed verbatim record of the proceedings or reproduction thereof.

VARIANCE : Permission to depart from literal requirements of a zoning ordinance pursuant to Sections 47, 29.2b, 57c and 57d of the M L.U L.

ZONING PERMIT A document signed by the Administrative Officer (1) which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and (2) which acknowledges 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 Sections 47 and 57 of the MLUL

AREA OF SIGN The area of a sign shall be computed as the total square foot measurement of the background upon which the lettering, illustration, or display is presented If there is no background, the sign area shall be the smallest rectangular area required to encompass all lines of lettering, illustration, or display Area of sign shall not include the supporting members of any sign when used solely for such purpose. The area is to be computed based upon what is visible from any single reasonable viewing angle and position The area of a flag sign is computed on the area of the flag itself, disregarding any lettering, illustration or display on the flag.

AWNING An architectural projection that provides weather protection, identity, and/or decoration and is wholly supported by the building to which it is attached An awning may be comprised of a rigid or retractable skeleton structure over which a cover of fabric, metal, or other material is attached

BUSINESS ZONE -The DD, DMX, HB-2 and HB-3, and LI zoning districts of the Township.

CHANGE OF USE An alteration in the nature of the use conducted in a building or on a site whether or not such change requires any other approvals or review under this Ordinance

ELECTION A sign promoting a candidate. slate of candidates. or members of one or more political parties for election to an office or position at a public election (e.g. primary, general or school board) or promoting or opposing a position. issue, question or referendum which is the subject of a public election

EXTERNAL LIGHT A method of providing illumination to one or more faces of a sign source whether or not the fixture providing such illumination is attached to the sign structure,

ILLUMINATION The provision of a light source, either external or internal. enabling a sign message to be visible at night

INTERNAL LIGHT SOURCE A light source contained within the sign structure or behind the message

MAINTENANCE OF SIGNS The general upkeep of cleaning. painting, repairing, or replacing a sign or portions thereof for the public health safety or welfare or for aesthetic reasons provided the same or approximately the same copy message is retained.

OWNER Any person, agent firm, or corporation holding legal or equitable title to a property or maintaining a leasehold interest or an interest under a contract to purchase such property

OFFICE AND RESEARCH The OR and OR-A zoning districts of the Township Zones

PERSON Any individual, corporation, firm, partnership, association, organization, company or other entity or group

RESIDENTIAL ZONES All zoning districts of the Township other than those in the Business and Office and Research Zones

SHOPPING OR OFFICE A collection of five or more stores, businesses, or separate uses

PLAZA with on site parking for customers in one or more connected lots

SIGN Any display structure intended to call public notice or attention to, or for the attraction of, the public to any place, subject, person, firm, corporation, performance, or merchandise whatsoever, by displaying a message through any words, letters, figures, designs, pictures, trademarks, or, symbols including, but not limited to, the following sign types:

**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

AGE-RESTRICTED HOUSING DEVELOPMENT shall be defined as: A residential community for permanent residents in which the residential property and related open space are owned by a condominium association or other homeowner's association or entity. One hundred percent of the dwellings in an age-restricted housing development are occupied by at least one person age fifty-five (55) or over with the following exceptions:

1. One person under the age of 55 may reside in a dwelling unit if the presence of such person is essential to the physical care of an occupant that is age 55 or over.

2. A member of a couple under the age of 55 years may reside with his/her partner that is 55 years of age or over.

3. Emancipated children, residing with his/her parents, when at least one parent is age 55 or older

4. Persons under 19 years of age shall be permitted to temporarily reside in a dwelling unit for no more than ninety (90) days in any calendar year.