ADMINISTRATIVE OFFICER - The Director of Planning & Engineering or Designee unless a different township official or officials are designated by this chapter as defined elsewhere or by state statute. [Amended 1-25-99 by Ord. No. 99-4]
APPLICANT - A person submitting an application for development.
APPLICATION FOR DEVELOPMENT - The application form and all accompanying documents required of an applicant by ordinance for approval of a subdivision, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to this chapter.
APPROVING AUTHORITY - The Planning Board of the Township of East Brunswick, unless a different agency is designated by this chapter, when acting pursuant to the authority of this chapter.
BOARD OF ADJUSTMENT - The Board established pursuant to Section 56 of the New Jersey Municipal Land Use Law. Also known as the Zoning Board of Adjustment.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-05, effective May 9, 2011.
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.
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 any lack of such additional information or any revisions in accompanying documents so required by municipal agencies. 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 completed as of the day it is so certified by the Director of Planning & Engineering or designee for purposes of the commencement of the time period for action by the municipal agency. [Amended 1-25-99 by Ord. No. 99-4]
CONDITIONS OF APPROVAL - Includes all testimony, other agency approvals, bonds and all requirements stated in the resolution of approval.
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.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-05, effective May 9, 2011.
CONTROLLED ACCESS HIGHWAYS - Those that are used by heavy-duty traffic and which permit no access fro abutting property.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-05, effective May 9, 2011.
CONVENTIONAL - Development other than planned development or cluster development.
COUNTY MASTER PLAN - A composite of the Master Plan for the physical development of Middlesex County with the accompanying maps, plats, charts and descriptive and explanatory matter. adopted by the County Planning Board pursuant to N.J.R.S. 40:27-2 and N.J.R.S. 40:27 -4.
COUNTY PLANNING BOARD - The Middlesex County Planning Board.
DAYS - Calendar days.
DESIGNATED OPEN SPACE - A parcel or parcels of land or an area of water or a combination of land and water, within the site designated for a planned unit residential development or cluster development and designed or intended for the use or enjoyment of residents and owners of the planned unit residential development or cluster development. Designated open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the planned unit residential development or cluster development.
DESIGNEE - The person appointed by the Director of Planning & Engineering or designee to perform a specified function or duty assigned to such administrative officer by this chapter. [Amended 1-25-99 by Ord. No. 99-4]
DESIGN ENGINEER - A person professionally qualified and duly licensed in New Jersy 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. [Added 2-27-06 by Ord. No. 06-06]
DENSITY - The permitted number of dwelling units per gross area of land to be developed.
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 regulation of the use and development of land, or amendment thereto, adopted and filed pursuant to law.
DRAINAGE - The removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions, as well as for drainage and the means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE AREA - A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody. [Added 2-27-06 by Ord. No. 06-06]
ENVIRONMENTAL COMMISSION - The East Brunswick Environmental Commission appointed by the Mayor pursuant to Chapter 3-94.
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 well head protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Departments Landscape Project as approved by the Departments Endangered and Nongame Species Program. [Added 2-27-06 by Ord. No. 06-06]
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 taken on a preliminary approved development plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or an approval conditioned upon the posting of such guarantees.
FLOOR AREA RATIO (F.A.R.) - The sum of the area of all floors of buildings or structures compared to the total area of the site.
GOVERNING BODY - The Township Council of the Township of East Brunswick.
HISTORIC DISTRICT - One or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.
HISTORIC SITE - Real property, man-made structures, 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, archaeological, cultural, scenic or architectural significance.
IMPERVIOUS SURFACE - A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water. [Added 2-27-06 by Ord. No. 06-06]
INTERESTED PARTY:
(1) In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey.
(2) In the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or whose right to use, acquire or enjoy property under this chapter or under any other law of this state or of the United States has been denied, violated or infringed by an action or a failure to act under this chapter.
LAND - Includes improvements and fixtures on, above or below the surface.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-05, effective May 9, 2011.
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.
LOW OR MODERATE INCOME HOUSING - Wherever this phrase is used, it includes but is not limited to housing at the least or lowest cost possible and feasible, conforming to state and federal definitions for low-and moderate-income housing, consistent with minimum standards of health and safety.
MAINTENANCE GUARANTEE - Any security which may be accepted by a municipality for the maintenance of any improvements required by this chapter, including but not limited to surety bonds, letters of credit, and cash. (Amended 6-10-92 by Ord. No. 92-19]
MAJOR ARTERIAL STREETS - Those which are used primarily for heavy local and trough traffic.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-05, effective May 9, 2011.
MAJOR COLLECTOR STREETS - Those which carry traffic from minor streets to the major thoroughfares, including the principal entrance streets of a residential development and streets for circulation within such a development.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-05, effective May 9, 2011.
MAJOR DEVELOPMENT - Any development or redevelopment that provides for disturbance of one quarter (1/4) or more acres of land. Disturbance for the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. [Added 2-27-06 by Ord. No. 06-06]
MAJOR SUBDIVISION - Any subdivision not classified as a minor subdivision.
MARGINAL SERVICE STREETS - Those which are parallel or adjacent to controlled access highways or arterials and which provide access to abutting properties and protection from through traffic.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-05, effective May 9, 2011.
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 this chapter.
MAYOR - The chief executive of the Township of East Brunswick.
MINOR ARTERIAL STREETS - Those with signals at important intersections and stop signs at side streets, and which collects and distributes traffic to and from collector streets.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-05, effective May 9, 2011.
MINOR COLLECTOR STREETS - Those which are used primarily for access to the abutting properties.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-05, effective May 9, 2011.
MINOR SITE PLAN - A development plan of one or more lots which (1) proposes new development within the scope of development specifically permitted by ordinance as a minor site plan; (2) does not involve planned development, any new street or extension of any off tract improvement which is to be prorated pursuant to this code; and (3) contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval of a minor site plan have been met.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-05, effective May 9, 2011.
MINOR SUBDIVISION - A subdivision of land for the creation of not more than 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 this code.
MUNICIPAL AGENCY - The East Brunswick Planning Board or Zoning Board of Adjustment or the Township Council when acting pursuant to this chapter.
MUNICIPALITY - The Township of East Brunswick.
NONCONFORMING STRUCTURE - A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NUTRIENT - A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms. [Added 2-27-06 by Ord. No. 06-06]
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 Middlesex County pursuant to N.J.R.S. 40:27-5.
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 the closest half of the street or right-of-way abutting the property of which the lot is a part.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-05, effective May 9, 2011.
OFF-TRACT - Not located on the property which is the subject of a development application nor on the closest half of the abutting street or right-of-way.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-05, effective May 9, 2011.
ON-SITE - Located on the lot in question and excluding any abutting street or right-of-way.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-05, effective May 9, 2011.
ON-TRACT - Located on the property which is the subject of a development application or on the closest half of an abutting street or right-of-way.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-05, effective May 9, 2011.
OPEN SPACE - Any parcel or area of land and/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 land.
PERFORMANCE GUARANTEE - Any security which may be accepted by a municipality, including but not limited to surety bonds, letters of credit and cash. [Amended 6-10-92 by Ord. No. 92-19]
PERSON - Any individual, corporation, company, partnership, firm, association, East Brunswick Township, or political subdivision of this State subject to municipal jurisdiction to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. [Added 2-27-06 by Ord. No. 06-06]
PLANNED UNIT DEVELOPMENT - An area of a minimum contiguous size, as specified by ordinance to be planned and developed as a single entity according to a plan, containing one (1) or more residential clusters or planned unit residential developments and one (1) or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in the Zoning Ordinance.
PLANNED UNIT RESIDENTIAL DEVELOPMENT - An area of a minimum contiguous size, as specified by ordinance to be planned and developed as a single entity according to a plan, containing one (1) or more residential clusters, which may include appropriate commercial, public or quasi-public uses all primarily for the benefit of the residential development.
PLANNING BOARD - The East Brunswick Planning Board established pursuant to this chapter.
PLAT - A map or maps of a subdivision or site plan.
POLLUTANT- Any dredged spoil, solid waste, incinerator 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, as amended (42U.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, ground waters or surface waters of the State, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants. [Added 2-27-06 by Ord. No. 06-06]
PRELIMINARY APPROVAL - The conferral of certain rights pursuant to the applicable sections of this chapter, prior to final approval, after specific elements of a development plan have been agreed upon by the proper reviewing authority 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 AREA:
(1) Public parks, playgrounds, trails, paths and other recreational areas.
(2) Other public open spaces.
(3) Scenic and historic sites.
(4) Sites for schools and other public buildings and structures.
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.
RECHARGE - The amount of water from precipitation that infiltrates into the ground and is not evapotranspired. [Added 2-27-06 by Ord. No. 06-06]
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.
RESUBDIVISION:
(1) The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or
(2) The alteration of any streets or 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.
SEDIMENT - A solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, ice, wind or gravity as a product of erosion. [Added 2-27-06 by Ord. No. 06-06]
SEDIMENTATION - The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
SITE -The Lot or lots upon which a major development is to occur or has occurred. [Added 2-
SITE PLAN - A development plan of one (1) or more lots on which is shown:
(1) the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways;
(2) the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs. lighting and screening devices; a narrative statement signed by the applicant and sworn to before a notary public or attorney of the State of New Jersey, setting forth the intended use of the property; and
(3) any other information that may be reasonably required in order to make an informed determination pursuant to this chapter.
SOIL - All unconsolidated mineral and organic material of any origin. [Added 2-27-06 by Ord. No. 06-06]
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. [Added 2-27-06 by Ord. No. 06-06]
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). [Added 2-27-06 by Ord. No. 06-06]
STORMWATER MANAGEMENT MEASURE - Any structural or 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 or groundwater recharge of stormwater or to eliminate illicit or illegal non-stormwater discharges into stormwater conveyances. [Added 2-27- 06 by Ord. No. 06-06]
STORMWATER RUNOFF - Water flow on the surface of the ground or in storm sewers, resulting from precipitation. [Added 2-27-06 by Ord. No. 06-06]
STREET - 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 chapter;
(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, shoulder, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-05, effective May 9, 2011.
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 lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created: [Amended 1-25-99 by Ord. No. 99-4]
(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, judgment of foreclosure;
(4) consolidation of existing lots by deed or other recorded instrument; and
(5) the conveyance of one (1) or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all which are found and certified by the Director of Planning & Engineering or designee to conform to the requirements of this chapter and are shown and designated as separate lots, tracts or parcels on the Tax Map of this township. The term "subdivision" shall also include the terms "resubdivision" and 'reverse subdivision." [Amended 1-25-99 by Ord. No. 99-4]
THIS CHAPTER - When used herein, shall be construed to refer to all Articles and sections of the East Brunswick Township Land Use Ordinance, together with those sections of Chapters 132, 192, 228 and 49 which have not been specifically repealed by the enactment of this chapter, unless otherwise specified.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-05, effective May 9, 2011.
TIDAL FLOOD HAZARD AREA - A flood hazard area, which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean. [Added 2-27-06 by Ord. No. 06-06]
TIME OF CONCENTRATION -The time it takes for runoff to travel from the hydraulically most distant point of the watershed to the point of interest within a watershed. [Added 2-27-06 by Ord. No. 06-06]
URBAN REDEVELOPMENT AREA - Previously developed portions of areas: (1) Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes; (2) Designated as CAFRA Centers, Cores or Nodes; (3) Designated as Urban Enterprise Zones; and (4) Designated as Urban Coordinating Council Empowerment Neighborhoods. [Added 2-27-06 by Ord. No. 06-06]
TRANSCRIPT - A typed or printed verbatim record of the proceedings or reproduction thereof.
VARIANCE - Permission to depart from the literal requirements of a zoning ordinance which may be granted pursuant to this chapter.
WATERS OF THE STATE -The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction. [Added 2-27-06 by Ord. No. 06-06]
WETLAND(S) - An area that is inundated or saturated by surface water or ground water 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. [Added 2-27-06 by Ord. No. 06-06]
AFFORDABLE HOUSING DEVELOPMENT means a development included in the Housing Element and Fair Share Plan, and includes but is not limited to, an inclusionary development, a municipal construction project or a 100 percent affordable development.
COAH or the "Council"means the New Jersey Council on Affordable Housing established under the Act which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the State.
DEVELOPER means 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 FEES means money paid by means money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.
EQUALIZED ASSESSED VALUE means the assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with sections 1, 5, and 6 of P.L.1973, c.123 (C.54:1-35a through C.54:1-35c).
GREEN BUILDING STRATEGIES means those strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.
JUDGMENT OF REPOSE means a judgment issued by the Superior Court approving a municipality's plan to satisfy its fair share obligation.
SUBSTANTIVE CERTIFICATION means a determination by COAH approving a municipality's Housing Element and Fair Share Plan in accordance with the provisions of the Fair Housing Act of 1985, Chapter 5:96 NJ COAH Third Round Rules and N.J.A.C. 5:97. A grant of substantive certification may run for a period of ten years beginning on the date that a municipality files its Housing Element and Fair Share Plan with the Council in accordance with N.J.S.A. 52:27D-313, but shall not extend beyond December 31, 2019.
ACT - the Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.)
ADAPTABLE - constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
ADMINISTRATIVE AGENT - the entity responsible for the administration of affordable units in accordance with this ordinance, N.J.A.C. 5:96, N.J.A.C. 5:97 and N.J.A.C. 5:80-26.1 et seq.
AFFIRMATIVE MARKETING - a regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
AFFORDABILITY AVERAGE - the average percentage of median income at which restricted units in an affordable housing development are affordable to low- and moderate-income households.
AFFORDABLE - a sales price or rent within the means of a low- or moderate-income household as defined in N.J.A.C. 5:97-9; in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented, and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended and supplemented.
AFFORDABLE DEVELOPMENT - a housing development all or a portion of which consists of restricted units.
AFFORDABLE HOUSING DEVELOPMENT - a development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100 percent affordable development.
AFFORDABLE HOUSING PROGRAM(S) - any mechanism in a municipal Fair Share Plan prepared or implemented to address a municipality's fair share obligation.
AFFORDABLE UNIT - a housing unit proposed or created pursuant to the Act, credited pursuant to N.J.A.C. 5:97-4, and/or funded through an affordable housing trust fund.
AGENCY - the New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1, et seq.
AGE-RESTRICTED UNIT - a housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that: 1) all the residents of the development where the unit is situated are 62 years or older; or 2) at least 80 percent of the units are occupied by one person that is 55 years or older; or 3) the development has been designated by the Secretary of the U.S. Department of Housing and Urban Development as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. §3607.
ASSISTED LIVING RESIDENCE - a facility licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor and that offers units containing, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.
CERTIFIED HOUSEHOLD - a household that has been certified by an Administrative Agent as a low-income household or moderate-income household.
COAH - the Council on Affordable Housing, which is in, but not of, the Department of Community Affairs of the State of New Jersey, that was established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).
DCA - the State of New Jersey Department of Community Affairs.
DEFICIENT HOUSING UNIT - a housing unit with health and safety code violations that require the repair or replacement of a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load bearing structural systems.
DEVELOPER - any person partnership association, company or corporation that is the legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development including the holder o an option to contract or purchase or other person having an enforceable proprietary interest in such land.
DEVELOPMENT - the division of a parcel of land into two or more parcels the construction reconstruction conversion structural alteration relocation or enlargement of an use or change in the use 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 N.J.S.A. 40:55D-1 et seq.
INCLUSIONARY DEVELOPMENT - a development containing both affordable units and market rate units. This term includes, but is not necessarily limited to: new construction, the conversion of a non-residential structure to residential and the creation of new affordable units through the reconstruction of a vacant residential structure.
LOW-INCOME HOUSEHOLD - a household with a total gross annual household income equal to 50 percent or less of the median household income.
LOW-INCOME UNIT - a restricted unit that is affordable to a low-income household.
MAJOR SYSTEM - the primary structural, mechanical, plumbing, electrical, fire protection, or occupant service components of a building which include but are not limited to, weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement or load bearing structural systems.
MARKET-RATE UNITS - housing not restricted to low- and moderate-income households that may sell or rent at any price.
MEDIAN INCOME - the median income by household size for the applicable county, as adopted annually by COAH.
MODERATE-INCOME HOUSEHOLD - a household with a total gross annual household income in excess of 50 percent but less than 80 percent of the median household income.
MODERATE-INCOME UNIT - a restricted unit that is affordable to a moderate-income household.
NON-EXEMPT SALE - any sale or transfer of ownership other than the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a class A beneficiary and the transfer of ownership by court order.
RANDOM SELECTION PROCESS - a process by which currently income-eligible households are selected for placement in affordable housing units such that no preference is given to one applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable unit (e.g., by lottery).
REGIONAL ASSET LIMIT - the maximum housing value in each housing region affordable to a four-person household with an income at 80 percent of the regional median as defined by COAH's adopted Regional Income Limits published annually by COAH.
REHABILITATION - the repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.
RENT - the gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. In assisted living residences, rent does not include charges for food and services.
RESTRICTED UNIT - a dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1, as may be amended and supplemented, but does not include a market-rate unit financed under UHORP or MONI.
UHAC - means the Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et seq.
VERY LOW-INCOME HOUSEHOLD - a household with a total gross annual household income equal to 30 percent or less of the median household income.
VERY LOW-INCOME UNIT - a restricted unit that is affordable to a very low-income household.
WEATHERIZATION - building insulation (for attic, exterior walls and crawl space), siding to improve energy efficiency, replacement storm windows, replacement storm doors, replacement windows and replacement doors, and is considered a major system for rehabilitation.
ACCESSORY STRUCTURE OR BUILDING - A structure detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use. No accessory structure shall have cooking facilities installed therein or be used for dwelling purposes. [Added 8-26-02 by Ord. No. 02-20]
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
ACCESSORY USE - A subordinate use or building, the purpose of which is incidental to that of a main use or building on the same lot.
**Webmasters Note: The previous definition has been added as per Ordinance No. 03-25.
ADULT CABARET - (1) An establishment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas, (2) an establishment that features topless dancers, go-go dancers, strippers, male or female impersonators, or similar entertainers for observation by patrons
[Added 7-10-95 by Ord No 95-23]
ADULT DAY HEALTH CARE FACILITY - A facility or a distinct part of a facility which is licensed by the New Jersey State Department of Health to provide preventive, diagnostic, therapeutic. and rehabilitative services under medical supervision to meet the needs of functionally impaired adult patients. Adult day care facilities provide services to patients for a period of time which does not exceed 12 hours during any calendar day.
**Webmasters Note: The previous definition has been added as per Ordinance No. 00-11.
AGRICULTURE - Land shall be deemed to be an agricultural use when devoted to the production for sale of plants and animals useful to man, including but not limited to forages and sod crops, grains and teed crops, dairy animals and dairy products, poultry and poultry products, livestock, including beef cattle, sheep, swine horses, ponies mules or goats, including the breeding and grazing of any or all of such animals, trees and forest products, and which meets the requirements of the 'Farmland Assessment Act,
[Added 6-27-83 by Ord No 83-508]
ALLEY - A service road that provides a secondary means of access to lots.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
APARTMENT - One or more rooms with private bath and kitchen facilities comprising an independent, self-contained living space intended for or occupied by one (1) family or household in a building containing other dwelling units.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
ATRIUM HOUSE - A single-family dwelling unit which may be structurally joined to at least one (1) but not more than two (2) other similar dwelling units, not exceeding on (1) story or twenty (20) feet in height All major rooms in such a unit open onto a central court or atrium surrounded by three (3) or four (4) sides of the unit.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-07, effective May 9, 2011.
AUTO CAB - Means and includes any automobile or motor car with a carrying capacity of not more than 9 passengers, not including the driver, used in the business of carrying passengers for hire which is held out, announced or advertised to operate or run or which is operated or run over any of the streets or public highways of this State, and which is hired by charter or for a particular contract, or by the day or hour or other fixed period, or to transport passengers to a specified place or places, or which charges a fare or price agreed upon in advance between operator and the passenger [Added 8-28-89 by Ord No 89-51]
AUTOMOBILE REPAIR, MAJOR - General repair, rebuilding, or reconditioning of engines, and other mechanical parts of motor vehicles, collision service, body repair and frame straightening, painting and upholstering, vehicle steam cleaning and undercoating. No repair or sales of trucks shall be permitted. [Added 10-27-97 by Ord. No. 97-22]
**Webmasters Note: The previous definition has been amended as per Ordinance No. 03-25.
AUTOMOBILE REPAIR, MINOR - Minor repairs, incidental replacement of parts and motor service to motor vehicles excluding trucks . [Added 10-27-97 by Ord. No. 97-22]
**Webmasters Note: The previous definition has been amended as per Ordinance No. 03-25.
AUTOMOBILE WRECKING YARD - An area where motor vehicles are disassembled, dismantled or junked, or where vehicles not in operable condition, or used parts of motor vehicles are stored. [Added 10-27-97 by Ord. No. 97-22]
AWNING SIGN - A fireproof space frame structure with translucent flexible reinforced vinyl covering designed in awning form, but whose principal purpose and use is signage Such signs are internally illuminated by fluorescent or other light sources in fixtures approved under National Electrical Codes and BOCA code
[Added 12-27-93 by Ord No 93-73]
BANQUET FACILITY - A banquet facility shall be incorporated as an extension of a restaurant and provides a dining facility for gatherings of large groups of people usually for special occasions such as weddings, bar mitzvahs, etc which are held in a private room The arrangements for such gatherings are made in advance
[Added 1-31-83 by Ord No 83-494]
BAR - A portion of a restaurant or hotel establishment in which the sale of alcoholic and non-alcoholic beverages is accessory to the sale of food and/or meals
[Added 7-10-95 by Ord No 95-23]
BILLBOARD - A freestanding sign that identifies or communicates a message related to an activity conducted, a service rendered, or a commodity sold at a location other than where the sign is located.
**Webmasters Note: The previous definition has been added as per Ordinance No. 00-2.
BUILDING - A combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
BUILDING COVERAGE - The horizontal area measured from the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot
[Added 1O-26-87 by Ord No 87-871]
BUILDING HEIGHT - The vertical distance measured from the mean elevation of the finished grade along the front of the building to the highest point of the roof for flat roofs, to the mean height level (between the eaves and ridge) for gable and hipped roofs, and to the deck line for mansard roofs
BUSINESS - Any lawful commercial endeavor to engage in the manufacturing, purchase, sale, lease, or exchange of goods and /or the provision of services.
**Webmasters Note: The previous definition has been amened as per Ordinance No. 03-25.
CANTILEVER - An overhanging part of a structure supported at one end only.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-07, effective May 9, 2011.
CARGO CONTAINER -A premanufactured storage facility designed to hold or enclose commodities be carried on a motor vehicle or be transported by rail car or ship.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-07, effective May 9, 2011.
CHANGEABLE SIGN - A sign whose informational content can be changed or altered by manual or electric, electro-mechanical, or electronic means
[Added 12-27-93 by Ord No 93-73]
CHIEF CONSTRUCTION OFFICIAL - The Chief Construction Official of the Division of Construction Inspection and any of his duty authorized deputies, assistants and representatives
[Amended 6-26-67 by Ord No 67-8-K, 10-23-78 by Ord No 78-89]
CHURCH - A building or structure, or groups of buildings or structures in which religious worship is conducted and/or religious services are held. The term "church" shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 01-28.
CLUB - A group of people organized for a common purpose to pursue common goals, interests, or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and by-laws
[Added 7-10-95 by Ord No 95-23]
CLUSTER DEVELOPMENT - A form of planned development that permits a reduction in lot area and bulk requirements, provided there is no increase in the number of lots permitted under a conventional subdivision or increase in the overall density of development, and the remaining land area is devoted to open space. active recreation, preservation of environmentally sensitive features or agriculture.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
COMMERCIAL USE - Activity involving the sale of goods or services carried out for profit.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-07, effective May 9, 2011.
COMMERCIAL VEHICLE - All trucks and trailers, loaded or unloaded, buses or other vehicles used for commercial purposes and/or with linear measurements greater than any one of the following twenty (20') feet in length, seven (7') feet in width excluding rearview mirrors, or eight (8') feet in height excluding radio antenna. Also included are all cabs or tractors capable of pulling a trailer This does not include privately used campers and motor homes or vehicles in the course of making deliveries or rendering services requested by an adjacent resident [Added 4-11-88 by Ord No 88-819]
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
COMMON OPEN SPACE - Includes the term common recreation lands. 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. Includes the term common recreation lands. [Added 4-10-72 by Ord No 72-8-EE]
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
CONTIGUOUS ACRES - The lands that abut each other or are separated only by streets, ways, easements, pipelines, electric power lines, conduits, or rights-of-way owned in fee or less than fee by third parties.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-07, effective May 9, 2011.
CONVENTIONAL DEVELOPMENT - single family dwellings on individual lots requiring no public or community open space. Characterized by the division of the entire subject parcel into lots.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 01-28.
COTTAGE INDUSTRY - Sale, display and fabrication or assembly of site-crafted items including silver smiting, metalsmithing, fine cabinet work, cloth weaving. ceramics, pottery. leather working and printing subject to the following:
1. No article may be sold, offered for sale, except as may be crafted on-site. Articles shall be site-crafted items of a nature distinct from general manufacturing.
2. No business may be conducted with members of the public later than 10:00 P.M.
3. Not more than three persons who are not a resident of the property may be employed.
4. No firearms may be used in any form in said business including repair of nonfunctioning parts.
5. The following are examples, but not an exhaustive list of uses which are prohibited cottage industries: motor vehicle repair facilities, excavating business, outdoor storage yards/junkyards, restaurants, repair shops
**Webmasters Note: The previous definition has been amended as per Ordinance No. 01-28.
DAY CARE - See Nursery School.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-07, effective May 9, 2011.
DENSITY, NET [Deleted 12-13-93 by Ord. No. 93-76]
DENSITY - The permitted number of dwelling units per gross area of land to be developed
[Added 12-13-93 by Ord No 93-76]
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 other structure, or of 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 this act.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
DIRECTIONAL SIGN - Arty sign that directs the movement or placement of pedestrians or vehicular traffic on a lot
[Added 5-29-84 by Ord No 84-570]
DIRECTORY SIGN - A freestanding sign which lists the occupants or tenants of a site or building
[Added 5-29-84 by Ord No 84-570]
DRIVE-IN RESTAURANT - A public eating facility where patrons purchase food while outside the physical premises of the establishment, whether or not Such patrons purchase such food while in their cars from a waiter or waitress or from an employee over a counter for consumption either within the patron's car or away from the premises and which does not require the patron to enter the building in order to be served
[Added 1-24-77 by Ord No 76-8-JJJ, amended 4-14-93 by Ord No 93-12]
DRIVEWAY - An improved space providing access for vehicles to a parking space. garage, dwelling or other structure and accessory to the use served.
**Webmaster's Note: The previous definition has been added as per Ordinance No. 99-8.
DWELLING, ATTACHED - A one-family dwelling attached to two or more one-family dwellings by common vertical walls.
**Webmasters Note: The previous definition has been added as per Ordinance No. 02-12.
DWELLING, MULTIPLE - A building or portion thereof used or designated as a residence for three (3) or more families Irving independently of each other and doing their own cooking in the building, including apartment houses, apartment hotels and flats but not including automobile courts or hotels as defined by this subsection
DWELLING, SINGLE-FAMILY - A detached building designed for or occupied exclusively by one (1) family. A single family dwelling contains only one kitchen.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
DWELLING, TWO-FAMILY - A detached or semidetached building where the individual family units are entirely separated by vertical waft or horizontal floors, unpierced except for access to the outside or to a common basement
DWELLING UNIT - One or more rooms with private bath and kitchen facilities comprising an independent, self-contained living space intended for or occupied by one (1) family or household.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
ELECTRICAL TRANSMISSION LINES - Lines for the transmission of electrical power other than those lines required for the furnishing and conveyance of electrical power to individual properties and users within the Township of East Brunswick
[Added 10-27-71 by Ord No 71-8-DD]
EXCAVATING BUSINESS - A business involved with the removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances or organic substances other than vegetation, from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged
[Added 8-23-93 by Ord No 93-46]
FACADE SIGN - A sign attached to, painted on or erected against the exterior wall or window of a building or an awning
[Added 5-29-84 by Ord No 84-570]
FAMILY - One (1) or more persons Irving as a single, nonprofit housekeeping unit, and sharing common living, sleeping, bathrooms, cooking and eating facilities, as distinguished from individuals or groups occupying a hotel, rooming house, club or fraternity or sorority house.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
FAMILY DAY CARE HOME - The private residence of a family day care provider which is registered as a family day care home pursuant to the "Family Day Care Provider Registration Act," P.L. 1987, c. 27 (C.30:5B-16 et seq.)
**Webmasters Note: The previous definition has been added by Ordinance No. 11-07, effective May 9, 2011.
FAST-FOOD RESTAURANT - A public eating facility where patrons purchase food while within the physical premises of the restaurant, or from an attached drive-thru facility, which is obtained by self-service or from an employee of the establishment over a counter, for consumption either within the establishment or away from the premises Food is usually served in edible containers, wrappers or other disposable containers
[Added 5-22-78 by Ord No 78-29, amended 4-14-93 by Ord No 93-12]
FENCE - An artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas.
**Webmasters Note: The previous definition has been added as per Ordinance No. 00-15.
FLOOR AREA - See Gross Floor Area definition.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
FLOOR AREA RATIO (F.A.R.) - The sum of the area of all floors of buildings or structures compared to the total area of the site
[Added 9-24-84 by Ord No 84-604]
FORESTRY - Establishments engaged in the operation of timber tracts, tree farms, forest nurseries and related activities such as forestation services and the gathering of gums, barks, balsam needles, and maple sap, and which meets the requirements of the "Farmland Assessment Act"
[Added 6-27-83 by Ord No 83-508]
FREESTANDING SIGN - A sign supported by poles, columns, upright or foundations affixed to the ground but not attached to any part of any building
[Added 5-29-84 by Ord No 84-570]
FRESHWATER WETLANDS - 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
[de in saturated soil conditions, commonly known as hydrophytic vegetation, provided, however, in designating a wetland, the three parameter approach (that is, hydrology, soils and vegetation) enumerated in the April 1, 1987 interim final draft "Wetland Identification and Delineation Manual" developed by the United States Environmental Protection Agency, and any subsequent amendments thereto shall be used
[Added 6-12-89 by Ord No 89-37]
GARAGE - A building used for the housing or storing of self-propelled motor vehicles, or unit portions thereof, designated for use on public highways
(1) GARAGE, PRIVATE - A garage intended for and used by the private motor vehicles of the families resident upon the premises Where permitted, such garage may include commercial vehicles of the number, size and capacity specified in this chapter
[Amended 2-5-68 by Ord No 68-8-M]
(2) GARAGE, PUBLIC - Any garage not included within the definition of a private garage
GAS STATION - Buildings and premises used for the retail dispensing or sales of vehicular fuels, and minor repair of motor vehicles excluding trucks, and including as an accessory use the sale and installation of lubricants, tires, batteries and similar vehicle accessories. (Includes automobile service station).
**Webmasters Note: The previous definition has been added as per Ordinance No. 03-25.
GAS STATION MINIMART - A facility associated with the sale of gasoline products, that also offers for sale Prepackaged food items and tangible consumer goods, primarily for self-service by the consumer.
**Webmasters Note: The previous definition has been added as per Ordinance No. 03-25.
GRADE - The mean-average finished ground elevation at the front of the building.
GRAPHIC Any pictorial, illustrative form of communication utilized to identify or bring attention to a specific premise. This communication may be in the form of a company logo, artwork, illumination or other pictorial representation.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-07, effective May 9, 2011.
GROSS FLOOR AREA - The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls or from the centerline of a wall separating two buildings
[Added 4-11-88 by Ord No 88-819]
HIGH VOLTAGE ELECTRICAL TRANSMISSION TOWERS - Large metal towers used to support high-voltage electrical transmission wire
[Added 10-27-71 by Ord No 71-8-DD]
HOME OCCUPATION - [Amended 11-8-82 by Ord No 82-475, 11-12-91 by Ord No 91-108] Any, lawful use customarily conducted for profit entirely within a dwelling and carried on solely by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not Change the character thereof, subject to the following
1 No article may be sold, offered for sale except as may be produced by members of the immediate family residing in the dwelling
2 No machinery or equipment may be used which will cause electrical or other interference with radio and television reception in adjacent residences or cause offensive noise, odor, vibration, heat or glare
3 No advertising sign may be displayed [Amended 11-12-91 by Ord No 91-108]
4 No permitted home occupation may be conducted with members of the public later than 10:00 PM
5 There shall be no external display of goods
[Added 11-12-91 by Ord No 91-108]
6 Not more than one person who is not a resident in the dwelling may be employed
[Added 11-12-91 by Ord No 91-108]
7 There shall be no outside storage of any kind related to the home occupation
[Added 11-12-91 by Ord No 91-108]
8 No such use shall require external alterations to the dwelling other than those necessary to provide barrier-free access
[Added 11-12-91 by Ord No 91-108]
9 Any deliveries of materials to or from the residence shall be made by either car, station wagon or other six-wheel vehicle or van and shall only occur during the hours of 9:00 am to 5:00 p.m. Monday through Saturday
[Added 11-12-91 by Ord No 91-108]
10 No firearms may be used in any form in said business including repair of non-functioning parts
[Added 11-12-91 by Ord No 91-108]
11 Customer/client parking shall not interfere with residential parking on the street
[Added 11-12-91 by Ord No 91-108]
12 Not more than one (1) home occupation shall be conducted on an individual lot
[Added 11-12-91 by Ord No 91-108]
B.PROHIBITED OCCUPATIONS IN HOME The following are examples, but not an exhaustive list, of uses which are prohibited home occupations clinics, hospitals, barbershops, beauty parlors, coffee shops, tourist homes, animal hospitals, motor vehicle repair facilities excavating business, outdoor storage yards, medical offices, real estate brokers, dental offices, chiropractor offices
[Amended 1-31-83 by Ord No 83-489, 11-12-91 by Ord No 91-108]
C.PERMITTED OCCUPATIONS IN HOMES The following are examples, but not an exhaustive list, of uses which are home occupations a studio of instruction for art, music dance, ceramics, sculpture or any academic subject provided there are not more than four (4) non-residents present at any one time, a nursery school or babysitting service permitted as a home occupation under state law, sewing or clothing alteration, offices of accountant, bookkeeper, lawyer, architect, engineer, planner
[Amended 11-12-91 by Ord No 91-108]
D.GARAGE SALES - By way of exception to the foregoing, any person may conduct not more than three (3) sales, commonly known as "garage, porch, attic, basement or lawn sales," on his or her premises in arty one (1) calendar year The sale shall generally be known as a "garage sale," which is defined as a public sale of used persona( property in a residential area of the municipality, commencing not earlier than 9:00 am, terminating by sundown and extending no more than a three day period Garage sales shall offer only used items and personal property owned by the resident of the property when the sale is held No new merchandise shall be offered for sale nor may merchandise from sources other than homes be brought in and offered for sale
[Amended 12-8-75 by Ord No 75-8-WW, 11-8-82 by Ord No 82-475, 7-25-8.4 by Ord No 84-591]
HORTICULTURE - Land shall be deemed to be in horticulture use when devoted to the production for sale of fruits of all kinds, including grapes, nuts and berries, vegetables, nursery, floral, ornamental and greenhouse products, and which meets the requirements of the "Farmland Assessment Act"
[Added 6-27-83 by Ord No 83-508]
HOTEL - A building which contains furnished living units for its occupants and in which no Irving unit contains more than two (2) rooms, exclusive of bathroom, foyer closet or dressing area, terraces or balconies, and providing among other things such services and features as lobby, maid and valet service, linens, central dining room, lounges, concessions, room service, dispensary, game and hobby rooms, public assembly area and other services and features customarily provided in a hotel, including twenty-four-hour office service Such Irving units may contain cooking facilities as a supplement to central dining facilities Apartments or dwelling units, as defined in this subsection, may be provided for the sole use of resident employees, provided that same do not exceed three percent (3%) of the living units provided
JUNKYARD - The use of any lot for the storage, keeping or abandonment of junk, including scrap metals or other scrap material, or for the dismantling, demolition or abandonment of structures, automobiles or other vehicles, equipment and machinery or parts thereof, provided, however, that this definition Shall not be deemed to include any of the foregoing uses which are accessory and incidental to arty agricultural use permitted in any zones The term "junkyard" as herein defined includes automobile wrecking yards.
KITCHEN - Any room principally used, intended or designed to be used for cooking or the preparation of food. The presence of a range or oven, or utility connections suitable for servicing a range or oven, and/or a full size sink and/or a dishwasher shall be considered as establishing a kitchen. The existence of more than one range, sink and/or dishwasher within the same room will meet the definition of one kitchen.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
LANDSCAPE BUFFER - A strip of land extending along the lot's property lines restricted to landscape elements and which may include plantings, earth berms, and lawns and which may include natural features, sculpture, signs, lighting and pedestrian or bicycle pathways It shall not include motor vehicle parking or driveways, except driveways connecting adjacent parking areas or to provide access from the street, may cross a landscape buffer The width of the landscape buffer shall be measured at right angles to the lot line
[Added 10-26-87 by Ord No 87-871, amended 4-11-88 by Ord No 88-819]
LANDSCAPE CONTRACTING - A business that deals with the design and installation of landscapes which shall include planting of lawns, trees, shrubs and the addition of decorative features to the land The business may also include grading and clearing of land to facilitate planting of lawns or the installation of other landscape materials Also includes businesses involved in the maintenance of grass and landscaping
[Added 8-23-93 by Ord No 93-46]
LIMOUSINE OR LIVERY SERVICE - The business of carrying passengers for hire by auto cab [Added 8-29-89 by Ord No 89-51]
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
LOADING SPACE - An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials
LOFT - The floor placed between the roof and the floor of the uppermost story within a single-family detached dwelling, the floor area of which is not more than one-third of the floor area of the story above which it is placed.
**Webmasters Note: The previous definition has been added as per Ordinance No. 02-12.
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.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
LOT AREA - The total horizontal area included within lot lines
LOT, CORNER - A lot abutting two or more streets at their intersection. Corner lots have a front yard for each street that it abuts.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-07, effective May 9, 2011.
LOT COVERAGE - That portion of the lot covered by buildings and structures and all other manmade improvements on the ground surface which are more impervious than the natural surface. [Added 10-26-87 by Ord No 87-871, amended 4-11-88 by Ord No 88-819]
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
LOT DEPTH - The shortest horizontal distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line, provided that in triangular lots having no rear lot line, the distance shall be measured to the midpoint of a line parallel to the front lot line, which shall be not less than ten (10) feet in length measured between its intersections with the side lot lines.
LOT LINE - A line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public space.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-07, effective May 9, 2011.
LOT SIZE AVERAGING - a design technique permitting one or more lots in a subdivision to be undersized, providing the same number of lots in the same subdivision are oversized by an equal or greater area.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 01-28.
LOT WIDTH - The mean horizontal width or the horizontal width at the setback line, both measured at right angles to the lot depth, whichever is less
MASSAGE PARLOR - A place where persons pay either a membership fee or an admission fee or any other tee, and where the activity on the premises includes touching, massaging or rubbing of specified anatomical areas or by which specified sexual activities are permitted or encouraged
[Added 12-13-82 by Ord No 82-480]
MOTOR VEHICLE - Any self-propelled vehicle designed primarily for transportation of persons or goods over land. Includes the terms automobile, motorcycle, truck and vehicle.
**Webmasters Note: The previous definition has been added as per Ordinance No. 03-25.
NEWSPAPER VENDING MACHINES - Any temporary or permanent structure, stand, platform, booth, stall, box, machine or other device used for the distribution of newspapers, magazines or other printed materials which are operated by coins and which do not have a salesperson present
[Added 2-27-84 by Ord No 84-560]
NIGHTCLUB - An establishment in which at least one of the principal activities conducted within the premises is devoted to music, dancing or entertainment (including, but not limited to, music played by a disc jockey, live bands or other forms of live entertainment) and in which meals, refreshments or alcoholic and/or non-alcoholic beverages may be served, irrespective of whether or not such establishment charges an admission fee or cover charge to gain entry. A 'restaurant-banquet' facility as a conditional use under Section 228-8 1 of this Zoning Ordinance shall not be deemed to be a "nightclub" for purposes of this Zoning Ordinance
[Added 7-10-95 by Ord No 95-23]
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 fails to conform to the requirements of the zoning district in which it is located by reason of such adoption. revision or amendment.
**Webmasters Note: The previous definition has been added as per Ordinance No. 99-45.
NURSERY SCHOOL - An establishment providing for the care, supervision, and protection of children. Also referred to as day care or pre-school.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-07, effective May 9, 2011.
OPEN LANDS - That portion of land including any farm-related dwelling located thereon. that is voluntarily deed-restricted by the landowner for agricultural use or open space conservation use in order to quality for the open lands ratio bonus in a planned development pursuant to sections 228-6.06B and 228-6.06C of this Ordinance.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
OPEN SPACE RATIO (O.S.R.) - The total area of the site not covered by buildings divided by the gross area of the project site which thereby establishes the maximum permitted building footprint coverage allowed by zone
[Added 9-24-84 by Ord No 84-604]
OPEN SPACE - Any parcel or area of land and/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 land.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
OUTSIDE STORAGE - The keeping, in an area not enclosed by a building of arty goods, material, merchandise or vehicles in the same place for more than 24 hours [Added 10-26-87 by Ord No 87-871, amended 4-11-88 by Ord No 88-819]
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
PARAPET - The extension of a false front or wall above a roofline
[Added 12-27-93 by Ord No 93-73]
PARKING SPACE - An area either within a structure or garage or in the open, and exclusive of access drives, for the parking of a motor vehicle [Amended 12-23-68 by Ord No 68-8-U]
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
PERSONAL SERVICES - Establishments primarily engaged in providing services to individuals generally related to the care of the person or his or her personal needs, such as beauty and barber shops and tailor shops.
**Webmasters Note: The previous definition has been added as per Ordinance No. 02-12.
PLANNED DEVELOPMENT - Encompasses the terms planned unit development planned unit residential development residential cluster, planned commercial development or planned industrial development.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-07, effective May 9, 2011.
PLANNED SENIOR CITIZEN RESIDENCE ("PSCR") DEVELOPMENT - An age-restricted planned development that provides common amenities, primarily of a social and recreational nature, and that is consistent with the requirements of the Federal Fair Housing Act.
**Webmasters Note: The previous definition has been added as per Ordinance No. 01-28.
PRIME AGRICULTURAL SOILS - Soils that are designated as prime farmland by the United Sates Department of Agriculture. Sod Conservation Service, and the Soil Survey of Middlesex County.
**Webmasters Note: The previous definition has been added as per Ordinance No. 01-28.
PROFESSIONAL OCCUPATION - A member of a recognized profession involving the dispensation of a service that involves either some skill or knowledge, including doctors or physicians, dentists, architects, professional engineers, lawyers, musicians, etc. The issuance of a state license for regulations of arty gainful occupation need not be deemed indicative of professional standing. A distinction is made between purveyors of professions and purveyors of merchandise or repair of articles. [Amended 5-24-71 by Ord No 71-8-BB]
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
RECYCLING - any process by which materials which would otherwise become solid waste are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products
[Added 12-23-96 by Ord No 96-41]
RECYCLING CENTER - means any facility designed and operated solely for receiving, storing, processing and transferring source separated. nonputrescible or source separated commingled nonputrescible metal, glass, paper, plastic containers, and corrugated and other cardboard, or other recyclable materials approved by the Department of Environmental Protection as contained in N J S A 13 1E-99 12, or any subsequent statutory amendment to same, as hereinafter adopted
[Added 12-23-96 by Ord No 96-41]
RESTAURANT - A public eating facility where patrons are first seated at tables, booths or counters, after which food ordered by them is served to the patrons by wagers 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 A cafeteria-type operation where food and/or beverages are consumed within the restaurant building constitutes a restaurant (Added 2-27-67 by Ord No 67-8-H, amended 1-24-77 by Ord No 76-8-JJJ, 5-22-76 by Ord No 78-29, 4-14-93 by Ord No 93-12]
RETAIL - A business that provides goods to the consumer, including goods sold at wholesale.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-07, effective May 9, 2011.
ROOFTOP EQUIPMENT - Mechanical equipment such as heating, ventilation or air conditioning units placed on the root of a building or structure [Added 6-12-89 by Ord No 89-37]
ROOFLINE - The profile of a roof. The maximum height of the actual building cover.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-07, effective May 9, 2011.
ROOF SIGN - Any sign erected upon against or directly above a roof or roof eave, or on top of or extending above a parapet or any architectural appendage above the roofline or roof eave.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-07, effective May 9, 2011.
SCHOOL - A facility that provides a curriculum of elementary and secondary academic instruction, including kindergartens, elementary schools, junior high schools, and high-schools.
**Webmasters Note: The previous definition has been added as per Ordinance No. 01-28.
SETBACK -The required minimum distance between every structure and the lot lines on the lot on which the structure is located.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-07, effective May 9, 2011.
SETBACK LINE - The line that is the required minimum distance from any lot line and that establishes the area within which the structure must be erected or placed.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
SEX CLUB - A public or private place where persons pay either a membership fee or an admission fee and where the activity on the premises consists, in whole or in part of direct sexual contact between and among the patrons Notwithstanding the fact that the owners or operators of a "sex club" contend that the club is private, nevertheless such places shall be deemed to be public if there is nothing about the operation to distinguish a "member" from anyone else who seeks admittance to the premises. [Added 12-13-82 by Ord No 82-480]
SHED - A utility structure of 175 square feet or less that has walls and a roof and is designed and used for storage. A metal storage container, cargo container, train car, trailer and portable storage module are not a shed.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
SHOPPING CENTER - A group of architecturally unified commercial establishments built on a site which is planned, developed, owned and managed as a total entity (Added 4-11-88 by Ord No 88-819]
SIGN - Any structure or device designed or intended to convey information or attract attention of persons not on the premises to the subject premises in written or pictorial form. This includes but is not limited to letters, logos, graphics and illumination.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-07, effective May 9, 2011.
SIGNS, DOUBLE-FACED - One (1) sign painted on both sides or two (2) signs of identical size and shape attached to each other back-to-back Whenever there is an angle between the two (2) sign faces, it shall be considered as two (2) separate signs
SOLID WASTE - means garbage, refuse, and other discarded materials resulting from industrial. commercial and agricultural operations and from domestic and community activities, and shall include all other waste materials including liquids, except for solid animal and vegetable wastes collected by swine producers licensed by the State Department of Agriculture to collect, prepare and feed such wastes to swine on their own farms
[Added 12-23-96 by Ord No 96-41]
SOLID WASTE FACILITIES - mean and include the plants, structures and other real and personal property acquired, constructed or operated or to be acquired, constructed or operated by any person pursuant to the provisions of P L 1970, c 39 13 1E et seq ), P L 1970, c 40 48 13A-1 et seq) or any other act, including transfer stations, incinerators, resource recovery facilities, sanitary landfill facilities or other plants for the disposal of solid waste, and all vehicles, equipment and other real and personal property and rights therein and appurtenances necessary or useful and convenient for the collection or disposal of solid waste in a sanitary manner
[Added 12-23-96 by Ord No 96-41]
SPECIFIED ANATOMICAL AREAS means
[Added 12-13-82 by Ord No 82-480]
A.Less than completely and opaquely covered
1 human genitals
2 pubic area
3 buttocks
4 a. female breast below a point immediately above the top of the areola,
b. human male genitals in a discernibly turgid state, even if completely and opaquely covered
SPECIFIED SEXUAL ACTIVITIES -
[Added 12-13-82 by Ord No 82-480] means
A.human genitals in a state of sexual stimulation or arousal,
B.acts of human masturbation, sexual intercourse or sodomy, or
C.fondling or other erotic touching of human genitals, pubic areas buttocks or female breasts
STORAGE - A space or place where goods, materials or personal property is placed and kept.
**Webmasters Note: The previous definition has been added by Ordinance No. 11-07, effective May 9, 2011.
STORAGE YARD - Premises used for the safekeeping of automobiles, goods or materials that are not abandoned. [Added 10-27-97 by Ord. No. 97-22]
STREET - 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 grant to such board of the power to review plats; and includes the land between the street lines, whether improved aor unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
STREET LINE - The line which separates the publicly owned or controlled street right-of-way from the private property which abuts upon the street, as distinct from a sidewalk line, curbline or edge-of-pavement line On a street or highway shown on the adopted Master Plan of East Brunswick Township, the "street line", shall be considered to be the proposed right-of-way fine for the street
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.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
TAVERN - An establishment where the serving of liquor by the drink to the general public is the principal use and the serving of food or the sale of packaged liquors, if any, are accessory to the principal use All such establishments shall conform to all Alcoholic Beverage Control regulations of the State of New Jersey and the Township of East Brunswick
[Added 7-10-95 by Ord No 95-23]
TRACT - An area, parcel, site, piece of land, or property that is the subject of a development application.
**Webmasters Note: The previous definition has been added as per Ordinance No. 02-12.
TRAILERS - A structure without a fixed foundation, standing on wheels, towed or hauled by another vehicle and used for human occupancy, materials, goods or objects storage Includes the term portable storage module
[Added 4-11-88 by Ord No 88-819]
TRUCKING BUSINESSES, TERMINALS AND REPAIR SHOPS : Establishments furnishing local or long-distance trucking or transfer services Also included are non-terminal facilities which specialize in truck maintenance, repair and service Terminal facilities include land and buildings used as a relay station for the transfer of a load from one vehicle to another or one party to another The terminal facility may include storage areas for trucks, and buildings or areas for the repair of trucks associated with the terminal
[Added 2-11-91 by Ord No 91-10, amended 5-13-91 by Ord No. 91-47]
USE - The purpose for which land or a building thereon is designed, arranged or intended or for which it is or may be occupied or maintained,
WAREHOUSING AND DISTRIBUTION : A use primarily engaged in storage, and distribution of materials, supplies, equipment, parts, goods, products, machinery, printed material etc
[Added 2-11-91 by Ord No 91-10, amended 5-13-91 by Ord No 91-47]
YARD - An open space, as may be required by this chapter, of uniform width or depth on the same lot with a building or a group of buildings, which open space lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein permitted
YARD FRONT - An area extending across the full width of the lot and tying between the front line of the lot and the nearest line of the building, When a lot is so situated that it abuts two (2) nonintersecting streets, that area which lies within the confines of the street line and the front of the building shall be considered a "front yard". The depth of the front yard shall be measured at right angles to the front line of the lot (Amended 6-25-79 by Ord No 79-139]
YARD, REAR - An area extending across the full width of the lot and tying between the rear line of the lot and the nearest fine of the building. When a lot is so situated that it abuts two (2) nonintersecting streets, that area which lies within the confines of the street line and the rear of the building shall be considered a rear yard The depth of a "rear yard" shall be measured at right angles to the rear of the lot in the same manner as specified herein for the measurement of lot depth
[Amended 6-25-79 by Ord No 79-139]
YARD, SIDE - An open, unoccupied space between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard or, in the absence of either of such yards, to the front or rear lot lines, as the case may be The width of a "side yard," shall be measured at right angles to the side line of the lot
ZONING BOARD - The Zoning Board of Adjustment as established pursuant to the Municipal Land Use Law, Chap. 291.
**Webmasters Note: The previous definition has been amended by Ordinance No. 11-07, effective May 9, 2011.
ALTERATIONS - Any material change in the exterior architectural features of any improvement less than demolition, removal or construction of any such improvement Any renovation of the interior of such improvement which has no appreciable effect upon the exterior architectural features of such improvement shall not be deemed an "alteration"
APPLICANT - Any person, persons, association, partnership or corporation, tenant or other person in charge as herein defined, who applies for approval from the Historic Preservation Commission in order to make any environmental change on property subject to the provisions of this Historic Preservation Code. Persons other than the fee owner need the owner's consent to apply
CONSTRUCTION OFFICIAL - The person charged with the administration of any building code or with the issuance of building or demolition permits in the township
ENVIRONMENTAL CHANGE - Any alteration, demolition, removal or construction of any on-site improvement in the district or at a designated landmark according to the provisions of the Code
EXTERIOR ARCHITECTURAL FEATURE - The architectural style, design, general arrangement and components of all outer surfaces of an improvement, as distinguished from the interior architectural features enclosed by said exterior surfaces, including but not limited to the kind, color and texture of the building material and type and style of all windows, doors, lights, signs, decorative elements and other fixtures appurtenant to such improvements
HISTORIC DISTRICT - A geographic area with clearly defined boundaries within the Township of East Brunswick including all improvements therein
HISTORIC PRESERVATION COMMISSION - The Historic Preservation Commission established by this ordinance
LANDMARK - A site or structure located outside the geographic boundaries of an Historic District Zone, but within the Township of East Brunswick meeting the criteria set forth in §228-104 4 of this code
MINOR EXTERIOR WORK - Any change in, addition to or removal from the parts, elements and materials comprising a structure where such change, addition or removal does not constitute a structural alteration and is of such nature that it may lawfully be accomplished without a building permit
OWNER - Any person or persons having title, in fee, to property which is an improvement, landmark, district or part of a district so as to be legally entitled, upon obtaining the required permits and approvals from the Construction Official of the locality having jurisdiction over building construction with respect to such property, to perform any construction, alteration, removal, demolition or other works to which such person seeks the recommendation of the Historic Preservation Commission,
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
APPLICANT - Any person applying for a building permit in the P-I District
DEVELOPER - Any person commencing proceeding under this chapter to effect the development of land in the P-I District
DISTURBANCE - the placement of impervious surface the exposure or movement of soil or bedrock or the clearing cutting a or removing of vegetation.
IMPERVIOUS SURFACE - any structure, surface or improvement that reduces or prevents absorption of stormwater into land and includes porous paving, payer blocks gravel crushed stone decks patios elevated structures, and other similar structures, surfaces, or improvements.
REDEVELOPMENT - the construction of structures or improvements on areas which previously contained structures or other improvements.
STEEP SLOPES - any slope equal to or greater than 20 percent as measured over any minimum run of 10 feet. Steep slopes are determined based on contour intervals of two feet or less.
APPEAL means a request for a review of the Manager of Engineering Services interpretation of any provision of this ordinance or a request for a variance.
AREA OF SHALLOW FLOODING means a designated AO , AH, or VO Zone on a community's Digital Flood Insurance Rate Map (DFIRM) with a one percent annual or greater chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREAS OF SPECIAL FLOOD HAZARD means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year.
BASE FLOOD means the flood having a one percent chance of being equaled or exceeded in any given year.
BASEMENT means any area of the building having its floor subgrade (below grade level) on all sides.
BREAKAWAY WALL means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
DEVELOPMENT means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials located within the area of special flood hazard.
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM) means the official map on with the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
ELEVATED BUILDING means a non-basement building (i) built in the case of a building in an Area of Special Flood Hazard to have the top of the elevated floor elevated above the ground level by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In an Area of Special Flood Hazard "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.
FLOOD OR FLOODING means a general and temporary condition of partial or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters and/or
2. The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD INSURANCE STUDY (FIS) means the official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.
FLOODPLAIN MANAGEMENT REGULATIONS means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a flood plain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOODWAY means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.
HIGHEST ADJACENT GRADE means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure
HISTORIC STRUCTURE means any structure that is:
(a) Listed individually in the National Register of Historic Places ( a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(c) Individually listed on a State inventory of historic places in States with historic preservation programs which have been approved by the Secretary of the Interior; or
(d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) By an approved State program as determined by the Secretary of the Interior; or
(2) Directly by the Secretary of the Interior in States without approved programs.
LOWEST FLOOR means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, useable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built so to render the structure in violation of other applicable non-elevation design requirements.
MANUFACTURED HOME means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle".
MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION means structures for which the "start of construction" commenced on or after the effective date of a floodplain regulation adopted by a community and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the flood plain management regulations adopted by the municipality.
RECREATIONAL VEHICLE means a vehicle which is (1) built on a single chassis; (2) 400 square feet or less when measured at the longest horizontal projections; (3) designed to be self-propelled or permanently towable by a light duty truck; and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
START OF CONSTRUCTION for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pi. 97-348) includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction--the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE means a walled and roofed building, a manufactured home, or a gas or liquid storage tank, that is principally above ground.
SUBSTANTIAL DAMAGE means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT means any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:
1. any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions, or
2. any alteration of a "historic structure provided that the alteration will not preclude the structure's continued designation as a "historic structure".
VARIANCE means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance.
ACID PRODUCING SOILS - soils that contain geologic deposits of iron sulfide materials (pyrite and marcasite) which, when exposed to oxygen from the air or from surface waters, oxidize to produce sulfuric acid. Acid producing soils, upon excavation,generally have a pH of 4.0 or lower. After exposure to oxygen, these soils generally have a pH of 3.0 or lower.
APPLICANT - a person, corporation, government body or other legal entity applying to the Planning Board, Board of Adiustment or the Construction Office proposing to engage in an activity that is regulated by the provisions of this ordinance, and that would be located in whole or in Part within a regulated Riparian Zone.
FLOODWAY - shall have the meaning ascribed to this term by the Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et sea., and regulations promulgated thereunder published at N.J.A.C. 7:13 et sea., and any supplementary or successor legislation and regulations from time to time enacted or promulgated.
INTERMITTENT STREAM - a surface water body with definite bed and banks in which there is not a permanent flow of water and shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or. in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys.
LAKE, POND, OR RESERVOIR - any surface water body shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h). C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys; that is an impoundment, whether naturally occurring or created in whole or in part by the building of structures for the retention of surface water. This excludes sedimentation control and stormwater retention/detention basins and ponds designed for treatment of wastewater.
LINEAR DEVELOPMENT - developments that are constructed in a linear fashion across the landscape; i.e., power lines, roads, railways, pipelines (gas, oil), telecommunications infrastructure and man-made waterways. Linear development is often consequential to other forms of commercial and industrial development.
PERENNIAL STREAM - a surface water body that flows continuously throughout the year in most years and shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys.
RIPARIAN ZONE - the land and vegetation within and directly adjacent to all surface water bodies including, but not limited to lakes, ponds, reservoirs, perennial and intermittent streams, up to and including their point of origin, such as seeps and springs, as shown on the New Jersey Department of Environmental Protection's GIS hydrography coverages or. in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys. There is no riparian zone along the Atlantic Ocean nor along any manmade lagoon or oceanfront barrier island, spit or peninsula.
RIPARIAN ZONE MANAGEMENT PLAN - a plan prepared by a professional engineer or a registered landscape architect which evaluates the effects of proposed activity/uses on a designated riparian zone. The plan shall include an identification of existing conditions, all proposed activities and all proposed management techniques, including any measures necessary to offset disturbance to any affected riparian zone and shall be prepared in accordance with the Township's adopted performance standards for riparian zones.
SURFACE WATER BODY - any perennial stream, intermittent stream, lake, pond, or reservoir, as defined herein. In addition, any regulated water under the Flood Hazard Area
Control Act rules at N.J.A.C. 7:13-2.2. or State open waters identified in a Letter of Interpretation issued under the Freshwater Wetlands Protection Act Rules at N.J.A..C. 7:7A-3 by the New Jersey Department of Environmental Protection Division of Land Use Regulation shall also be considered surface water bodies.
THREATENED OR ENDANGERED SPECIES - a species identifiedpursuant to the Endangered and Nongame Species Conservation Act, N.J.S.A. 23:2A-1 et sea., the Endangered Species Act of 1973. 16 U.S.C. 441531 et seq. or the Endangered Plant Species List. N.J.A.C. 7:5C-5.1, and any subsequent amendments thereto.
TROUT MAINTENANCE WATER - a section of water designated as trout maintenance in the New Jersey Department of Environmental Protection's Surface Water Quality Standards at N.J.A.C. 7:9B.
TROUT PRODUCTION WATER - a section of water identified as trout production in the New Jersey Department of Environmental Protection's Surface Water Quality Standards at N.J.A.C. 7:9B.