COMPACTION -The increase in soil bulk density.

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

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

       A. A county planning agency; or

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

DEPARTMENT - The New Jersey Department of Environmental Protection.

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

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

DEVELOPMENT - The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 90:55D-1 et seq. In the case of development of agricultural lands, development means: any activity that requires a state permit; any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC),- and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 9: IC-1 et seq.

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

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

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

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

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

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

MAJOR DEVELOPMENT - Any development that provides for ultimately disturbing one or more acres of land. Disturbance for the purpose of this rule is the placement of impervious surface o exposure and/or movement of soil or, bedrock or clearing, cutting, or removing of vegetation.

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

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

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

PERSON - Any individual, corporation, company, partnership, firm association, the Township of Liberty, or political subdivision of this state subject to municipal jurisdiction pursuant to the Municipal Land Use Law. N.J.S.A. 90:55D-1 et seq.

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

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

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

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

SOIL - All unconsolidated mineral and organic material of any origin.

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

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

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

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

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

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

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

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

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

APPLICANT - A developer submitting an application for development.

APPLICATION FOR DEVELOPMENT [Repealed 2-1-88]

APPROVING AUTHORITY - The Planning Board of the municipality, unless a different agency is designated by ordinance.

BOARD OF ADJUSTMENT - The Board established pursuant to N.J.S.A. 40:55D-69 et seq.

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 a major construction project.

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 area within or related to a site designated as 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 - The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use or zoning variance as per § 90-6.1 of this chapter. [Added 2-1-88]

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.

CONVENTIONAL - 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 40:27-4.

COUNTY PLANNING BOARD - The Planning Board of the county in which the land or development is located.

DAYS - Calendar days.

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

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

DEVELOPMENT REGULATION - A Zoning Ordinance, Subdivision Ordinance, Site Plan Ordinance, Official Map Ordinance or other municipal regulations of the use and development of land, or amendment thereto, adopted and filed pursuant to this chapter.

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 includes 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 and gravity.

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

GOVERNING BODY - The chief legislative body of the municipality. In municipalities having a Board of Public Works, "governing body' means such Board.

GROUPING - An aggregation of buildings served by common parking and access, not separated by a topographic, natural or landscaped buffer. [Added 6-3-1991 by Ord. No. 8-91]

HISTORIC SITE - Any building, structure, area or property that is significant in the history, architecture, archaeology or culture of this state, its communities or the nation and has been so designated pursuant to federal, state or local laws.

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 too be used, developed or built upon as a unit.

MAINTENANCE GUARANTY - Any security, other than cash, which may be accepted by a municipality for the maintenance of any improvements required by this chapter.

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 N.J.S.A. 40:55D-28,

MAYOR - The chief executive of the municipality, whatever his official designation may be, except that, in the case of municipalities governed by a Municipal Council and Municipal Manager, the term "Mayor" shall not mean the Municipal Manager, but shall mean the Mayor of such municipality.

MINOR SITE PLAN - A plan required prior to issuance of any permit for development involving a change of use, addition or renovation to an existing structure which constitutes less than 10% of the area of the structure or 3,500 square feet, whichever is the more restrictive. Such addition , or renovation shall not require amendments to traffic circulation, parking, wastewater disposal, storm drainage or land disturbance in excess of 5,000 square feet. [Added 3-6-1995 by Ord. No. 3-95]

MINOR SUBDIVISION - A subdivision of a parcel of land resulting in not more than two lots and a remainder, fronting upon an existing state, county or municipal street or road, not creating nor contributing to any unusual drainage access problems and not adversely affecting the development of the remainder of the parcel or joining property and not in conflict with any provision of the Master Plan, Official Map, Zoning Ordinance' or this chapter. No subdivider or owner shall be entitled to approval as a minor subdivision for any land, which has been subdivided within 24 months immediately preceding the subdivision application. Subdivision to adjust and for purposes of conveyance of parcel to adjacent property owners to be annexed and incorporated with existing lots shall be considered as minor subdivisions and shall not be subject to the twenty-four-month time limitations. [Amended 7-5-1988; 8-7-1989 by Ord. No. 6-89; 11-14-2002 by Ord. No. 2002-9]

MULTIFAMILY DWELLING - A building designed or used as a residence of two or more dwelling units, e.g., townhouses, patio houses or other units separated by a vertical common wall but not exceeding 2 1/2 stories in height. [Added 6-3-1991 by Ord. No. 8-91]

MUNICIPAL AGENCY - A Municipal Planning Board or Board of Adjustment, or a governing body of a municipality when acting pursuant to the Municipal Land Use Law, and any agency which is created by or responsible to one or more municipalities when such agency is acting pursuant to this chapter.

MUNICIPALITY - Any city, borough, town, Township or village.

NONCONFORMING 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.

NONCONFORMING STRUCTURE - A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a Zoning Ordinances 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 - 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.

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 N.J.S.A. 40:55D-32.

OFF-SITE - 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 a contiguous portion of a street or right-of-way.

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

ON-SITE - Located on the lot in question.

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

OPEN 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 area 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.

       **Webmasters Note: The previous definitions, Mayor through Open Space, have been amended as per a supplement dated 8-20-2003.

OPEN SPACE DEVELOPMENT - A tract of land to be developed according to plan containing single-family detached housing or multifamily dwellings, which has common or public open space as an appurtenance. [Added 6-3-1991 by Ord. No. 8-91]

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.

PERFORMANCE GUARANTY - Any security which may be accepted by the township, including but not limited to surety bonds, letters of credit as permitted by Section 16 of RL. 1991, c. 256, and cash. [Amended 6-1-1992 by Ord. No. 15-92]

PLANNED RESIDENTIAL DEVELOPMENT - An area with a minimum contiguous acreage of at least twenty-five (25) acres to be developed as a single entity according to a plan containing one (1) or more residential clusters, which may include appropriate public or quasi-public uses all primarily for the benefit of the residential development [Added 6-31991 by Ord. No. 8-91]

PLANNING BOARD - The Municipal Planning Board established pursuant to P.L. 1975, c. 291.

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

PRELIMINARY APPROVAL - The conferral of certain rights pursuant to § 90-8 of this chapter, 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 - Public parks, playgrounds, trails, paths and other recreational areas; other public open spaces; scenic and historic sites; and sites for schools and other public buildings and structures.

PUBLIC DEVELOPMENT PROPOSAL - A Master Plan, Capital Improvement Program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.

PUBLIC DRAINAGEWAY - The land reserved or dedicated for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.

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 conversational uses.

QUALIFYING MAP - A plat depicting a conventional single-family subdivision conforming to all requirements of the land development ordinances of the township and indicating the number of conforming lots which may be created by subdividing a parcel of land. [Added 8-7-1989 by Ord. No. 689; amended 6-3-1991 by Ord. No. 8-91]

QUORUM - The majority of the full authorized membership off 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 portions of a development.

RESUBDIVISION - 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 does not include conveyances so as to combine existing lots by deed or other instrument.

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

SITE PLAN - A development plan of one (1) or more lot-, 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 and screening devices, and any other information that may be reasonably required in order to make an informed determination pursuant to Article II of this chapter.

STANDARDS OF PERFORMANCE - Standards adopted by ordinance regulating noise levels, glare, earthborn 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 standards required by applicable federal or state laws or municipal ordinances.

STREET - 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 the Municipal Land Use 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.

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

SUBDIVISION - The division of a lot, tract or parcel of land into two (2) or more lot%, 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 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."

VARIANCE - Permission to depart from the literal requirements of a Zoning Ordinance pursuant to Sections 29.2b, 47. 57c and 57d of the Municipal Land Use Law.

ZONING PERMIT - A document signed by the administrative officer 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 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 the provisions of this chapter.

ACCESSORY HOUSING - A unit constructed within an existing or proposed single-family detached dwelling or housing known as 'ECHO housing' or its equivalent. Such a unit shall not be prohibited under the provisions of § 105-6 of this Code. [Added 6-10-1996 by Ord. No. 96-10]

ACCESSORY STRUCTURE - A separate, subordinate structure on the same lot with a principal structure and devoted exclusively to an accessory use.

ACCESSORY USE - A use naturally and normally incident and subordinate to the principal use of a structure or lot.

AGRICULTURE - The use of land or buildings for growing food crops, plants, trees, shrubs and flowers for profit and the raising or breeding of poultry and domesticated livestock limited to horses, ponies, cattle, sheep and goats, whether for profit, personal consumption or enjoyment.

ALTERATION - To change the supporting members of a structure, to add to or reduce the size of a structure, to change the use from that permitted in one zone to a use permitted in another, to convert a structure or a part thereof or to move a structure from one location to another.

AREA OF A SIGN - Computed as the product of the largest horizontal width and the largest vertical height of the lettering, illustration, display or background. This shall not be construed to include the supporting members of any sign which are used solely for such purpose. If the lettering, illustration, display or background is attached directly to the face of a building, the height or width of the sign shall be the height or width of the largest letter illustration, display or background, whichever is greater. For signs with two (2) display faces, the maximum area requirement shall be permitted on each side. Signs with more than two (2) display faces are prohibited.

BASEMENT - A portion of the building partly underground but having less than one-half (1/2) of its clear height below the average grade of the adjoining ground. (See 'cellar.")

BOARDER - A person who is not related to the head of the household and who pays for the privilege of boarding.

BUILDING - A structure having a roof supported by columns, walls or similar structural parts, used or intended to be used for the housing, enclosure or shelter of persons, animals or property of any kind. For the purpose of this definition, the term 'roof' shall include an awning or other similar covering, whether or not permanent in nature.

CELLAR - A portion of the building partly underground, having one-half (1/2) or more than one- half (1/2) of its clear height below the average grade of the adjoining ground. (See 'basement.")

COMMERCIAL VEHICLES - Commercially licensed vehicles of any kind, except passenger cars and station wagons, which do not have commercial advertising, lettering, signs or names and addresses on the exposed portions thereof, provided that the word 'signs" does not apply to the usual trademarks or labels of the manufacturer or dealer.

COMMON OPEN SPACE - A parcel or parcels of land or an area of water or a combination of land and water within a residential 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 benefit and enjoyment of residents and owners of the development.

COMMON OWNERSHIP - Ownership of two (2) or more contiguous parcels of real property by one (1) person or by two (2) or more persons jointly.

CONDITIONAL USE - A use which, by virtue of its own peculiar characteristics, may be permitted in particular areas only after review, public hearing and approval by the Board of Adjustment. [Amended 7-6-1987]

CORNER LOT - A lot at the junction of and having frontage on two (2) or more intersecting streets.

DWELLING OR DWELLING UNIT - A building or portion thereof designed or used as the residence or sleeping place of one (1) or more persons, including one family, two-family and multiple dwellings, apartment hotels and boarding- and lodging houses, but not including motels, tourist cabins, trailers, tents or similar permanent or movable structures.

DWELLING UNIT - One or more rooms, designed, occupied or intended to be occupied as a separate living quarter, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household. [Added 6-10-1996 by Ord. No. 96-10]

FAMILY - A person or any number of persons related by blood, marriage or legal adoption, including in servants and foster children, living together as a single, nonprofit housekeeping unit and using certain rooms and cooking facilities in common.

FLOOR AREA - The sum of the horizontal areas of the floor or floors of a building which are enclosed and usable for human occupancy. Said areas shall be measured from the inside face of exterior walls or from the center line of walls separating two (2) dwelling units. Said areas shall not include area below the average level of the adjoining ground, garage space or accessory building space.

FREESTANDING SIGN - Any sign supported by uprights or braces placed upon or in the ground and not attached to any building.

GARAGE, PRIVATE - A detached accessory building or portion of the principal building designed primarily for the storage of passenger vehicles and commercial vehicles with a rated capacity not exceeding three-fourths (3/4) ton.

GARAGE, PUBLIC - A principal building in which a business involving one (1) or more of the following is conducted or rendered:

       (1) New and used motor vehicle sales and rental.

       (2) The sale of motor fuels and motor vehicle parts.

       (3) Body repair, major engine repair and motor vehicle maintenance operations, including the installation of tires, mufflers, brakes, seat covers and similar parts.

       (4) Automatic car wash operations, but not including coin-operated washing mechanisms o-r the washing of motor vehicles by customers.

GROUND FLOOR - The floor area which is at or above the average level of the adjoining ground.

HEIGHT OF STRUCTURE - The vertical dimension, measured from the average elevation of the finished lot, measured from at a point six feet from the foundation to the highest point of the dwelling, not including chimneys, steeples and other such ornamentation. [Amended 9-6-2007 by Ord. No. 07-10]

HELIPORT - An area of defined dimension designated for the landing and takeoff of helicopters and used solely for that purpose. Such area shall be limited to the operation of helicopters which are owned or controlled by the owner or the occupant of the premises. Such area may include passenger and cargo facilities, maintenance and overhaul facilities, fueling service, storage space, tie-down spaces, hangars and other accessory buildings. [Added 12-6-1993 by Ord. No. 18-93]

HELISTOP - An area of defined dimensions designated for the landing and takeoff of helicopters and used solely for that purpose. Such area shall be limited to the operation of helicopters which are owned or controlled by the owner or the occupant of the premises. Such area may not include any refueling, maintenance, repair or hangar facilities, except that a tie-down area may be provided, and limited to the accommodation of a single aircraft. [Added 12-6-1993-by Ord. No. 18-93]

HOME OCCUPATION - [Amended 12-7-1992 by Ord. No. 25-92] It is the Township's objective to permit the operation of small enterprises which could generally be considered businesses if established elsewhere as freestanding uses which when practiced within a residence are clearly and without doubt to an ordinary observer looking at the property a secondary adjunct to the principal residential function of the property. A "home occupation" is an occupation or profession which:

       (1) Is carried on in the residential structure and occupies no more than 50% of the gross living area of any one floor of the existing living space, not to exceed 1,000 square feet.

       (2) Is carried out by a member of the family residing in the structure.

       (3) Is clearly incidental and secondary to the use of the dwelling for residential purposes.

       (4) Conforms to the following additional conditions:

       (a) The occupation or profession shall be carried on wholly within the principal building, or accessory structure as regulated in § 105-62.

       (b) No more than two persons not residing within the residence may be employed.

       (c) There is no exterior evidence of the "home occupation" other than a nameplate sign.

       (d) No offensive noise, vibration, smoke, dust, odors, heat or glare shall be discernible at any property line.

       (e) All required parking shall be accommodated on site.

       (f) There shall be no external storage of business vehicles or materials. [Amended 12-4-1999 by Ord. No. 99-17]

       (g) There shall be no greater than normal traffic flow occasioned by the operation of the use, either in number of vehicles or type of traffic.

       **Webmasters Note: The previous definitions, Garage, Public through Home Occupation, have been amended as per a supplement dated 4/15/08.

INSTITUTIONAL USE - A nonprofit public, private or quasi-public use, such as a church, school, library, hospital, club, lodge and fraternal, civic, service or charitable organization.

LOT - A legally subdivided parcel of land, exclusive of any adjoining street and with boundaries determinable from official records. In the event that more than one (1) plot or lot, as set forth on any map filed in the Warren County Clerk's office or as set forth on the present or future tax maps of the Township of Liberty, is used, in part or in full, with one (1) or more other such lots for the erection of a building and its accessories, including yards required by this chapter, the aggregate of all such lots shall, for the purpose of this chapter, be deemed to be one (1) 'lot."

LOT AREA - The total area included within the lot lines. Where the property line extends to the center of a street and the street right-of-way width has not been determined, the area of a lot, for the purpose of this chapter, shall not include land within twenty-five (25) feet of the center line of the street. Where a right-of-way width is shown on either a subdivision map, a Master Plan or an Official Map, the area of the lot shall not include any portion of the actual or proposed right- of way.

MOTOR VEHICLE - Any vehicle, including vehicles towed by another vehicle, subject to licensing pursuant to the laws of the State of New Jersey and the Rules of the New Jersey Motor Vehicle Commission.

       **Webmasters Note: The previous definition has been added as per Ordinance No. 07-03.

MULTIFAMILY DWELLING - A building designed or used as a residence consisting of two (2) or more dwelling units, e.g., townhouses, patio houses or other units separated by a vertical common wall, but not exceeding two and one-half (21/2) stories in height [Added 6-3-1991 by Ord. No. 8-91]

NONCONFORMING USE - A use of any building, structure or land which existed prior to the passage of this chapter and which use does not conform to the regulations of the district in which it is located.

OFFICE - A building or portion thereof used as the place of business of a person, corporation, firm or public agency for professional services and administrative and executive purposes, as distinguished from a shop or store.

OFF-PREMISES SIGN - A sign which advertises a business which is not conducted or a product which is not sold on the lot where the sign is located.

ONE-FAMILY DWELLING - A building containing one dwelling unit only and not occupied or designed for occupancy by more than one family.

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 area 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. [Added 6-3-1991 by Ord. No. 8-91]

OPEN-SPACE DEVELOPMENT - A tract of land to be developed according to plan containing single-family detached housing which has common or public open space as an appurtenance. [Added 6-3-1991 by Ord. No. 8-91]

PARKING AREA - An open area, other than a street or other public way, used for the parking of motor vehicles and available for use as a service or privilege to guests, licensees, clients, customers, suppliers or residents. It shall include driveways and access drives located within the lot area.

PARKING SPACE - The off-street parking area for one motor vehicle, Such "parking space" shall have an area of not less than 200 square feet, exclusive of access drives or aisles, shall be a minimum of 10 feet in width, measured perpendicular to the axis of the length, and shall have adequate provision for ingress and egress on the property.

PLANNED RESIDENTIAL DEVELOPMENT - An area with a specified minimum contiguous acreage of 25 acres or more to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate public or quasi-public uses all primarily for the benefit of the residential development [Added 6-3-1991 by Ord. No. 8-91]

PREMISES - A lot, including any buildings or structures thereon.

PREVAILING SETBACK - The average front yard setback of homes located not more than 200 feet from either side of a dwelling. The prevailing setback is used to determine the allowable encroachment of improvements to homes into the existing regulated front yard setback. [Added 2-7-2008 by Ord. No. 08-01]

PRINCIPAL STRUCTURE - A structure arranged, adapted or designed for the predominant or primary purpose for which a lot may be used.

PRINCIPAL USE - The primary or predominant use of the premises.

PROFESSIONAL OFFICES - The office of a professional person, limited to architects, doctors, dentists, engineer, lawyers, accountants, insurance or real estate brokers or agents, music teachers, photographers and artists and the like, provided that such professional person resides on the premises. No more than two persons, other than a resident of the premises, may be employed by such professional person, and not more than 1/2 of the floor area of one story or the basement shall be devoted to such use. No merchandise or materials, either assembled or unassembled, may be received into a residence for the purpose of assembling, fabricating, storing or reselling. No use permitted by this section shall result in any permitted professional use operating in this zone in other than a building strictly residential in appearance. Except for permitted signs, there shall be no physical evidence of said use visible from the exterior of the building so used. [Added 8-7-1989 by Ord. No. 689]

PUBLIC BUILDING - A building which is used by a governmental agency.

ROOMER - A person who is not related to the head of the household and who pays for the privilege of rooming.

SERVICE STATION, AUTOMOTIVE - A building and premises in which or upon which is conducted a business involving the retail sale and direct delivery to motor vehicles of gasoline and lubricating oil, which business may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, but not including facilities for body repair work, painting or other major repairs.

SIGN - Any announcement, declaration, demonstration, billboard, display, illustration or insignia used to promote or advertise the interests of any person, group of persons, company, corporation, service or product when the same is placed, erected, attached, painted or printed, whether inside or outside the building, where it may be viewed from the outside of any structure on the premises where placed.

SINGLE OWNERSHIP - Ownership by one person or ownership by two or more persons jointly of a separate lot not adjoining land in the same ownership.

SITE PLAN - A plan of a lot or subdivision on which is shown topography, location of all existing and proposed buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings and any other information deemed necessary by the Planning Board in unusual or special cases.

STORE, RETAIL - A building or part thereof in which or from which merchandise or services are furnished directly to the public.

STORE, WHOLESALE DISPLAY - A building or part thereof where merchandise is displayed for sale and sold at wholesale, but where no goods, wares, merchandise or material is warehoused.

STORY - That portion of a structure included between the surface of a floor, excluding basement and cellar floors, and the surface of the next floor above or, if there is no floor above, then the space between the floor and the ceiling next above.

STORY, HALF - That portion of a building situated above a story with a minimum height of five feet where the walls meet a sloping roof and having a minimum average height of 7 1/2 feet.

STREET - Any public or private right-of-way commonly used by the public for motor vehicle movement and which is approved for purposes of issuing building permits.

STRUCTURE - Anything constructed or erected which requires permanent or temporary location on the ground or attachment to something having such location, excluding unroofed patios, agricultural fences five feet in height and under and retaining walls not along a boundary line. For the purpose of determining compliance with setback requirements, a "structure" shall include porches and decks above finished grade, steps and any other permanent part of the structure. For the same purpose. it shall not include structures, such as fuel oil tanks, septic tanks and leaching pools, which are completely buried under finished grade.

TRAILER - A wheel-based noncommercial vehicle that is designed to be transported by traction and which is used or may be used as a dwelling or for the transportation or storage of goods, materials, livestock or any object.

TRAVEL TRAILER AND RECREATIONAL VEHICLE - A vehicular portable structure built on a chassis, designed as a temporary dwelling for travel, recreation and vacation, having its body width not exceeding eight feet and its body length not exceeding 32 feet.

TRUCKING TERMINAL [Added 12-7-1981] - Motor freight terminals, motor and truck transfer stations, motor and truck depots, motor and truck storage sites, truck stops and truck repair facilities.

       (1) MOTOR FREIGHT TERMINAL - A structure serving a point or junction of a motor freight transportation line which may or may not include servicing facilities.

       (2) MOTOR AND TRUCK TRANSFER STATION - A structure serving as a point or junction of a transportation line.

       (3) MOTOR AND TRUCK STORAGE SITE - A structure or location for the storage of trucks or parts thereof or truck cargoes.

       (4) TRUCK STOP - A facility selling gasoline or diesel fuel and further providing a restaurant or overnight accommodations.

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

WAREHOUSE - A building used for the temporary storage of goods, materials or merchandise for later or subsequent distribution or delivery elsewhere for purposes of processing or sale.

YARD - An open space that lies between the principal building or buildings and the nearest lot line. The minimum required yard as set forth in the chapter is unoccupied and unobstructed from the ground upward except as may be specifically provided in this chapter. [Added 11-14-2002 by Ord. No. 2002-10]

YARD DEPTH - The shortest distance between a lot line and a yard line. [Added 11-14-2002 by Ord. No. 2002-10]

YARD, FRONT - 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. [Added 11-14-2002 by Ord. No. 2002-10]

YARD LINE - A line drawn parallel to a lot line at a distance therefrom equal to the depth of the required yard. [Added 11-14-2002 by Ord. No. 2002-10]

YARD, REAR - A space extending across the full width of the lot between a principal building and 'the rear lot line and measured perpendicular to the building to the closest point of the rear lot line. [Added 11-14-2002 by Ord. No. 2002-10]

YARD, REQUIRED - The open space between a lot line and the yard line within which no structure shall be located except as provided in this chapter. [Added 11-14-2002 by Ord. No. 2002-10]

YARD, SIDE - A space extending from the front yard to the rear yard between the principal building and the side lot line and measured perpendicular from the side lot line to the closest point of the principal building. [Added 11-14-2002 by Ord. No. 2002-10]

COMMUNICATIONS FACILITY is a commercial facility selling transmitting/receiving air time, customary support facilities, access and security facilities.

FAIR HOUSING PROGRAM " shall mean the program provided under the terms of this Ordinance.

GROSS INCOME shall mean the total income of all members of an applicant's household including but not limited to, wages, tips, interest, dividends, and retirement programs.

HOUSING ADMINISTRATOR shall be the Township Clerk/Administrator or his/her designee.

HOUSING TRUST FUND shall mean the Liberty Housing Trust Fund established for the financing of low and moderate income housing rehabilitation and development.

INCLUSIONARY DEVELOPMENT is a development which is a mix of dwelling units which sell or rent at market value and those which sell or rent at a reduced value based on allowable spending limits for low and moderate income families as determined by the Council on Affordable Housing.

INDIGENOUS HOUSING NEED means deficient housing units occupied by low and moderate income households within a municipality.

MUNICIPAL SPONSOR means a municipality which has involved itself in actual production of new, low and/or moderate income housing.

REHABILITATION shall mean the restoration of a deficient or substandard dwelling unit to a safe and sanitary condition as provided for under the terms of this Ordinance.