All words herein used in the present tense shall include the future, the singular shall include the plural, and the plural the singular. The word "shall" is mandatory, not directory.
Where any word or phrase herein is also defined in the Municipal Land Use Law of the State of New Jersey, Revised N.J. Statutes 40-55D-1, et. seq., the more restrictive of the definitions shall apply. Where any word or phrase is not defined herein, but is defined in the Municipal Land Use Law of the State of New Jersey, Revised N.J. Statutes 40-55D-1, et. seq., said definition shall also apply in this Ordinance. Unless otherwise expressly stated, the following words and phrases are defined as follows:
The abbreviation MLUL shall mean the Municipal Land Use Law (N.J.S. 40:55D-1 et seq.).
ADMINISTRATIVE OFFICER shall mean the Planning Administrator.
AFFORDABLE APARTMENT FLATS shall mean a development consisting of multifamily residential dwelling units with each unit being on a single floor. A specific number of the dwelling units in such a development shall be affordable to and occupied by low and moderate income families as required and defined by the State of New Jersey Council on Affordable Housing.
AFFORDABLE RESIDENTIAL DEVELOPMENT shall mean a residential development consisting of one or more of the following: detached single family residences, townhouse units, senior citizen housing. A minimum of 20 percent of the dwelling units in an affordable housing development shall be affordable to and occupied by low and moderate income families and at least one-half of these shall be affordable to and occupied by low income families as defined by State of New Jersey Council on Affordable Housing.
AGRICULTURE shall mean the growing of crops, truck gardening, raising or breeding of horses, sheep, dairy, poultry or other farm livestock; orchard, wood lot, reforestation, nursery or greenhouses or other agricultural or horticultural purposes. Agricultural land shall include open or wooded acres, ponds, brooks, swamps and meadows.
ALTERATION shall mean a change or rearrangement in any facade or structural part of an existing structure which alters the use or exterior appearance of that structure.
ALTERNATIVE TOWER STRUCTURE shall mean man-made trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.
ANTENNA shall mean any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
AUTOMOTIVE ACCESSORY SALES AND INSTALLATION shall mean any facility which sells and installs automotive accessories which are not essential or integral to the operation of the automobile. Typical accessories, for the purpose of this definition include car stereos, car phones, burglar alarms, and the like. The sale and installation of window glass, convertible tops, air conditioning units, and similar items are not considered automotive accessories for the purposes of this definition.
AUTOMOTIVE DETAILING shall mean the cleaning and finishing of automobiles, by appointment only, limited to the interior clearing and shampooing; the exterior cleaning, polishing, and waxing; the installation of pin striping, lettering and graphics; glass tinting; and paintless dent removal.
AUTOMOTIVE GASOLINE STATION shall mean any establishment servicing motor vehicles with fuel, but not including repairs, changing of tires, or any other replacement of essential or accessory parts. Automotive gasoline stations may service automobiles by adding oil, windshield washer fluid, or similar fluids, but shall not provide any services which require bays or lifts, such as oil changes or lubrication of chassis.
AUTOMOTIVE GASOLINE STATION/C-STORE shall mean an automotive gasoline station which has, on the same site, a retail store selling convenience household items such as prepackaged food items, ice cream, baked goods, beverages, paper products, and similar items geared for the use and convenience of the motorists utilizing the gasoline pumps. It is the intent that a C-Store provide convenience items to the motoring public which will generally be utilized or consumed at a separate destination, and not on site. A "C-Store" shall not include any food items prepared or heated on site either by the customer or employees, with the exception of baked goods, ice cream and beverages. Any gasoline station which has a retail store on the same site which: has either counter space, tables or seating for the on-site consumption of food; prepares foods on site not specifically permitted above, including but not limited to sandwiches, hamburgers, hot dogs, pizza, and soups, or; has a drive-thru window, shall not be considered an automotive gasoline station/C-store, and shall be considered either a restaurant or fast food restaurant as defined in this Section.
AUTOMOTIVE RENTALS AND LEASING shall mean any establishment renting or leasing passenger cars and vans to the general public. Automotive rentals and leasing shall include both long term and short term rentals and leasing. It shall not include the sale of vehicles or the servicing of vehicles other than those vehicles which are part of the establishment's fleet.
AUTOMOTIVE SERVICE AND INVENTORY STORAGE shall mean a use consisting of the storage of inventory and/or servicing of automobiles in support of an existing 'Automotive Sales and Service' use. Automotive service and inventory storage may include, as an accessory to the servicing of automobiles, the sale of parts, supplies and accessories. Automotive service and inventory storage shall not include facilities for the long term or short term storage of damaged automobiles.
AUTOMOTIVE SERVICE STATION shall mean any establishment, whether or not serving gasoline, serving motor vehicles with vehicle maintenance not requiring extensive or prolonged mechanical work (for the purposes of this ordinance, extensive or prolonged mechanical work shall mean work which requires a vehicle to be on the site for a period of more than 30 days) before completion. Service work offered shall be limited to: oil changes; lubrication; tune-ups; minor engine or drive train repairs; installation of tires, batteries, and accessories; wheel balancing and alignment; and the replacement of mechanical parts such as hoses, spark plugs, ignition wiring, brakes, alternators, water pumps and similar parts not requiring extensive repairs. Repair facilities which provide repairs and service to any large trucks or equipment such as semi-tractors, or heavy grading equipment shall not be considered automotive service stations. Repair facilities which provide automotive body or collision repairs shall not be considered automotive service stations.
AUTOMOTIVE SALES AND SERVICE shall mean any establishment selling new and/or used passenger cars and vans to the general public. Automotive sales and service may include, as an accessory to the sale of automobiles, service and repair facilities and the sale of parts, supplies, and accessories. Automotive sales shall include the long term leasing of automobiles and the short term rental of automobiles, but shall not include facilities solely for the long term or short term storage of used, damaged, or repossessed automobiles. Automobile sales and service may also include truck sales and service if the trucks do not exceed 19,000 GVW and subject to the limitations of Article IV, Section 21-51.12.
AUTOMOTIVE SALES LOT shall mean any establishment selling new and /or used passenger cars and vans to the general public, but not including the dispensing of gasoline and fuel, service, repairs, or solely the storage of vehicles. Automotive sales shall include the long term leasing of automobiles.
BASEMENT shall mean "Cellar."
BILLBOARD shall mean any permanent sign, notice or advertisement, pictorial or otherwise, regardless of its size or dimension, used as an outdoor display not related to a use on the lot on which it is located.
BOARDING HOUSE OR ROOMING HOUSE shall mean a building or part thereof, other than a hotel/motel or restaurant, wherein furnished or unfurnished rooms, with or without cooking facilities are provided for compensation for two or more persons not related to the owner or proprietor.
BUFFER shall mean an area of heavy planting, which may include berms and/or fencing, so installed to provide both a visual and an acoustical barrier between properties. At a minimum, required buffers shall include 2 staggered rows of minimum 8' high evergreen trees planted 10' on center and 10' apart. This requirement may be altered by the Municipal Agency if existing vegetation makes such an arrangement impractical. The Municipal Agency may require a solid architectural fence within specific buffer areas in order to achieve the goal of a visual and acoustical barrier, however no fence in a buffer area shall be located closer than 10' to a property line in order to provide sufficient room for landscaping between the property line and the fence. The required buffer may be included within the required setback.
BUILDING shall mean a combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
BUILDING - PRINCIPAL shall mean a building on a lot in which the principal use of that lot is conducted.
BUILDING - ACCESSORY shall mean a building in which an accessory use is contained.
BUILDING COVERAGE means the ratio of the horizontal area of the ground floor of all buildings on a lot to the total lot area.
CAR WASH shall mean a building or structure or portion thereof where vehicles are washed or cleaned as the principal use.
CELLAR shall mean any story which is not a "story above grade" as defined in this section. The term "basement" shall also mean "cellar".
CERTIFICATE OF OCCUPANCY shall mean a certificate issued by the construction official or designated representative upon completion of the construction of a new building or upon a change in the use, occupancy, and/or occupants of a building which certifies that all requirements of this chapter, or such adjustments thereof which have been granted by the appropriate agency, and all other applicable requirements, have been complied with.
CHILD DAY CARE CENTER shall mean a facility within which child care services for preschool children thru kindergarten, and/or pre-school education including kindergarten, are provided on a daily basis, and provided the facility is licensed by the N. J. Division of Youth and Family Services. A pre-school shall be considered a child day care center. For the purposes of this chapter, a child day care center shall not be considered a private school or a public school.
CLUB shall mean a nonprofit corporation, organization, or association of persons who are members thereof, which owns or leases a building or part thereof for the use of members or guests. Food, meals and alcoholic beverages may be served as an incidental function of this use, provided that adequate facilities are present and further provided that all Federal, State and municipal laws are complied with.
CLUSTER DEVELOPMENT shall mean the subdivision or development of a tract in which a portion of the tract may be developed at a greater density or intensity of land use in exchange for the appropriate reservation, through deed restriction, of common open space, or land for other public purposes, on the remainder of the tract.
COMMUNITY RECREATION CENTER shall mean a public or quasi-public facility offering a variety of recreational, social and educational programs and services to the general public or it's members. Facilities may include: active recreation facilities including but not limited to swimming pools, gymnasiums, exercise rooms, outdoor courts and fields; meeting rooms; classrooms; administrative offices directly related to activities and services conducted at the community recreation center; auditoriums and theaters; libraries; and other similar facilities geared towards providing recreational or social activities or services for the general public or members. For the purposes of this Ordinance, public parks and playgrounds and their related facilities shall not be considered community Recreation Centers, but shall be considered government buildings and services.
CONDITIONAL USE shall mean a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefore by the Planning Board.
CONSERVATION EASEMENT shall mean the reservation of any portion of a tract or site by easement, as required by the municipal agency, for the purpose of protecting and maintaining the natural characteristics of the designated area which are in existence at the time of the development application.
CROSSWALK OR WALKWAYS shall mean a right-of-way, dedicated to public use, to facilitate pedestrian access through a subdivision or site.
CURB LEVEL shall mean the grade at the top of the curb in front of the midpoint of the lot as established by the Municipal Engineer.
DEVELOPMENT shall mean the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, 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, or amendment thereto adopted and filed pursuant to this act.
DISCONTIGUOUS CLUSTER OPTION shall mean the provision for residential development on a single tract for which the maximum permitted number of residential units is the sum of the total permitted on the principal tract and any units that would otherwise be permitted on discontinuous tracts, as defined in this Ordinance.
DISCONTIGUOUS TRACT shall mean a tract of land that is not a part of a Principal Tract, and is either specifically identified in the development application or is to be acquired in the future by the Township via an established Open Space Trust Fund. Such tract shall be dedicated to the Township for municipal purposes, recreation or open space, and must have been accepted by the Governing Body for such purposes. Once accepted, it may be utilized to calculate the maximum permitted number of residential dwelling units to be constructed on the Principal Tract for a development that is to be constructed under the Discontiguous Cluster Option provisions of this Ordinance."
DISTRIBUTION CENTER shall mean a facility for the temporary storage and eventual distribution of goods to the primary users, used in combination with a physically and functionally connected business office which shall not be less than 4,000 square feet.
DRAINAGE RIGHT-OF-WAY shall mean the lands required by the installation of storm sewers or drainage ditches or lands or interests therein required along a natural or man- made stream or watercourse for preserving the channel and providing for the flow of water therein, so as to safeguard the public against flood damage in accordance with N.J.S.A. 7:13-1 et seq. as amended and supplemented to date.
DRIVE-IN/DRIVE-THRU ESTABLISHMENT shall mean any eating establishment which is designed to provide, either wholly or in part, service to customers while in their automobiles on the premises.
DWELLING UNIT shall mean a house, trailer, or other structure or a portion of any building or structure designed, arranged or used for living quarters for one or more persons living as a single housekeeping unit with cooking and bathroom facilities, but not including units in hotels, motels or other similar structures designed for transient residence.
DWELLING UNIT, EFFICIENCY shall mean a dwelling unit consisting of a single room or common space exclusive of bathroom or kitchen facilities.
DWELLING UNIT DENSITY (RESIDENTIAL DENSITY) shall mean the average number of dwelling units per acre of ground in a given location or area.
DWELLING, ONE-FAMILY shall mean a detached building designed for, or occupied exclusively by, one family.
DWELLING, MULTIFAMILY shall mean a building used or designed as a residence for four or more families living independently of each other and doing their own cooking therein, including apartment houses and garden apartments, but not including townhouses, motels or hotels.
DWELLING, TOWNHOUSES shall mean more than two single family dwelling units which are attached by a common wall to each other together with individual rear and front entrances. A townhouse unit may have a front and/or rear yard design as an integral part of each unit or all townhouse units in a complex may share common outside facilities in conformance with an approved site plan. A townhouse dwelling unit has its own separate storage area and heating system and is considered to be an independent operating unit.
EASEMENT shall mean a restriction established in a real estate deed, or shown and defined on the filed map of a subdivision, to permit the use of land by the public, a corporation, or particular persons for specific uses.
FACADE shall mean the total exterior wall surface, including door and window areas, of any side of a building.
FAMILY as included in the term single family and as may be used elsewhere in this chapter shall mean one or more persons, limited in number under the applicable housing code provisions, whether related by blood, marriage, or adoption, or unrelated, occupying a premises and living as a single nonprofit bona fide housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, organization or similar group, nor shall it include any group of persons whose use or occupancy of any dwelling is or is intended to be temporary. As utilized herein bona fide housekeeping unit shall mean a relationship between persons for maintaining a common household in a style generically characterized by a stability, permanency and functionality which in all respects, and to all outward appearances, presents a picture very much akin to that of a traditional family.
FAMILY DAY CARE HOME shall be as defined in the Municipal Land Use Law (C. 40:55D-66.5).
FARM shall mean a lot, as defined herein, having an area of not less than five acres and used exclusively for agricultural purposes as defined by this chapter. A single family dwelling may be part of a farm.
FAST FOOD RESTAURANT shall mean any restaurant or eating establishment which primarily serves pre-packaged or pre-made meals for consumption on or off premises. A fast food restaurant may or may not have tables, and the patron obtains food directly from the dispensing counter. The term "fast food restaurant" shall include drive-in / drive thru restaurant.
FENCE shall mean a structure above the surface of the ground to enclose a yard or create a barrier.
FENCE - SOLID ARCHITECTURAL shall mean any fence of which the structural components form a solid or nearly solid visual and physical barrier. Examples of such fences include a "board-on-board" fence, a picket fence where the openings between the slats are less than the widths of the slats, or a stockade fence. Chain link fences without slats, and picket fences where the gaps are equal to or greater than the width of the slats shall not be considered to be solid architectural fences.
FINISHED GRADE shall be the ground elevation measured directly adjacent to a building.
FLOOD FRINGE AREA shall mean that portion of the flood hazard area outside of the floodway based on the total area inundated during the regulatory base flood plus twenty-five percent of the regulatory base flood discharge.
FLOOD HAZARD AREA shall mean that portion of the flood plain consisting of the floodway and the flood fringe area.
FLOOD PLAIN shall mean the channel and the relatively flat area adjoining the channel of a natural stream or river, which has been or may be covered by floodwater.
FLOODWAY shall mean the channel of a natural stream or river and portions of the flood plain adjoining the channel, which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream or river.
FLOOR shall mean the lower surface of each story, attic or basement of a building.
FLOOR AREA shall mean the horizontal area of a floor of a building measured from the exterior faces of walls of each such floor.
FLOOR AREA, GROSS shall mean the area of all floors of a building including interior halls, mezzanines, and finished storage space, including basement area. Exterior balconies, garages, and unfinished and unoccupied basements or attics shall not be included in the calculation of gross floor area.
FLOOR AREA RATIO shall mean the gross floor area of all principal and accessory buildings on a lot divided by the total lot area. (Amended January 5, 1994 - Ordinance 1657)
GARAGE, PARKING shall mean a building which is used for commercial purposes and is used only for the storage of motor vehicles.
GARAGE, PRIVATE shall mean an accessory building or part of a principal building used only for the storage of motor vehicles as an accessory use. In a residential zone, a garage is intended for and used for storing personal belongs of the family or families residing in the principal residential use on the lot. In a residential zone, a detached garage can be no larger than two spaces or 24' X24'.
GOLF COURSE/COUNTRY CLUB shall mean a facility which includes a golf course which has minimum of 9 holes, and may contain other recreational facilities such as tennis courts, banquet/dining halls, residential facilities for year round and seasonal staff, and accessory maintenance/storage buildings which are customarily associated with Golf Courses and Country Clubs.
GUN SHOP is a retail establishment where the primary activity is the sale and service of guns and portable firearms and accessories.
HEIGHT, BUILDING shall mean the vertical distance, in feet, measured from floor elevation of the first floor of the building to the highest point of the roof. For the purposes of this calculation, the first floor of the building shall be that floor which is above finished grade, but no more than 54" above finished grade, at any point in the architectural front of the building excluding the area of any attached garage. In the event that the first floor which is above finished grade is more than 54" above finished grade at any point in the architectural front of the building, building height shall be measured from the finished floor of next lowest level of the building, whether it be a story above grade, a basement or a crawl space. Chimneys, spires, water towers, elevator penthouses, tanks, and similar projections, other than signs, shall not be included in calculating building height. Mansard roofs shall be considered a roof for the purposes of determining building height.
HEIGHT, STRUCTURE shall mean the greatest vertical distance, in feet, measured any point of a structure, other than a building, to the ground immediately below.
HEIGHT, WIRELESS TELECOMMUNICATIONS TOWER shall mean the distance measured from the finished grade to the highest point on the tower or other structure, including the base pad and any antenna.
HOME PROFESSIONAL OFFICE shall mean professional offices, located within the residence of the proprietor, which do not generally require client visits to the site. Examples of such professions include engineers, architects, accountants, professional planners, and attorneys. Medical and dental offices shall not be included in home professional offices. Any home professional office approved under the provisions of this Ordinance shall require an annual permit from the Township, which would require an annual inspection of the premises in order to determine that the use is in compliance with the provisions of this Ordinance.
HOTEL/MOTE shall mean a building containing furnished rooms without kitchen facilities, and used, rented, or hired out to be occupied for sleeping purposes by transient guests who have their residence elsewhere. A general kitchen, dining room, or meeting rooms may be provided within the building or as an accessory building. Customary hotel/motel services must be provided such as, but not limited to, maid services, laundering of linen, telephone and secretarial or desk service and the use and upkeep of furniture.
HOUSES OF WORSHIP shall mean a building or buildings where congregants gather to worship and practice their faith. A house of worship shall contain a sanctuary or similar space of which the primary purpose is to conduct religious services, weddings and similar religious rites. Houses of Worship may also contain administrative offices as well as educational, social and recreational facilities, both indoor and outdoor, which are intended to primarily serve the members of the congregation.
LANDSCAPED AREA shall mean areas containing trees, shrubs, and ground covers, pervious pedestrian and recreation areas, ponds, streams or any other areas or features which can be reasonably included, but shall not include areas occupied by buildings or structures, paving for parking, loading or access thereto, required buffers, impervious sidewalks, or areas utilized for outside storage. Required landscaped area shall be calculated by subtracting any required buffers, and undeveloped wetlands or floodplains, from the total lot area and multiplying the remaining lot area by the minimum percent of landscaped area required for the zone in which the property is located.
LOT shall mean a designated parcel, tract, or area of land established by a plat or otherwise as permitted by law and to be used, developed, or built upon.
LOT AREA shall mean an area of land which is determined by the limits of the lot lines bounding the area and shall be expressed in terms of square feet.
LOT AREA, BUILDABLE shall mean the total area of any lot or tract upon which any building or structure may be constructed, or upon which the density of a cluster development may be calculated. Buildable lot area shall be the total lot or tract area, less any required buffers, less any undeveloped wetlands or flood plains which are located outside the required buffers, less the required 25% landscaped area. Buildable lot area shall be calculated as follows:
Buildable lot area = (total lot or tract area - minus required buffer area - minus undeveloped wetlands or floodplains located outside any required buffer area) X 75%.
LOT, CORNER shall mean a lot at the junction of and fronting on two or more intersecting streets. All lot lines that front on a street shall be considered front lot lines. The lot lines or lines generally parallel to the architectural rear of the building shall be considered the rear lot line or lines.
In the case of a building facing toward the interior angle, rather than solely on one street frontage, there shall be no side lot lines, and any lot lines other than those considered front lot lines shall be considered to be rear lot lines.
Corner lots shall provide the minimum front yard setback for the respective zone for all intersecting streets. Where a building faces solely on one street, the required rear yard shall be provided on the side of the architectural rear of the building.
In residential zones, corner lots on collector, major, or arterial streets shall have driveway access only to the street of lesser traffic classification. Such driveway shall be a minimum of 50' or two-thirds of the lot frontage, whichever is less, from the corner of the parcel at the intersection of the streets.
LOT COVERAGE - BUILDING shall mean the proportion of the buildable lot area, expressed as a percent, that is covered by the maximum cross section of a building or buildings, including accessory buildings. Where lot coverage is not specified as to building or impervious, lot coverage - building shall apply.
LOT COVERAGE - IMPERVIOUS shall mean the proportion of the buildable lot area, expressed as a percent that is covered by the maximum cross section of all impervious surfaces and buildings, including accessory buildings.
LOT DEPTH shall mean the shortest horizontal distance between the street line and the rear lot line.
LOT, FLAG shall be any lot for which the only street access is via a narrow segment of land which cannot accommodate a conforming principal building at the required front yard setback and which has a larger developable area to the rear, with no other usable street frontage.
LOT FRONTAGE shall mean the horizontal distance between side lot lines measured along the street line. The minimum lot frontage shall be no less than 60 percent of the required minimum lot width. In the case of a corner lot, both frontages must meet the required lot frontage.
LOT LINE shall mean the boundary line of a parcel of land as shown on a certified filed map or as defined by a filed map or both. A lot line shall not be considered unless the lot is legally subdivided.
LOT LINE, REAR shall be the lot line opposite the architectural rear of a building, or running generally parallel to the front lot line if no building exists on the lot. On a flag lot, any lot line which abuts the rear yard of an adjacent lot shall be considered a rear lot line. Every lot must have a rear lot line which shall be at least as long as 50 percent of the required lot width.
LOT WIDTH shall mean the straight and horizontal distance between side lot lines at points on each side lot line measured at the minimum required building setback line.
LOT, THROUGH shall mean a lot running through from one street to another. A corner lot shall not be considered a through lot.
MINOR SITE PLAN COMMITTEE OF THE PLANNING BOARD . At the election of the applicant, applications for minor site plan approval which do not require the granting of any new variances, will be submitted to the Administrative Officer of the Planning Board for review by the Minor Site Plan Committee. Said Minor Site Plan Committee shall review the application and if approved by unanimous vote, report and recommend approval of the application, without the necessity of a hearing, to the full Planning Board. The Planning Board shall act upon said recommendation of the Minor Site Plan Committee within forty-five (45) days of the submission of a completed application to the Administrative Officer, or within such period of time which may be consented to by the applicant. Should the full Planning Board not accept the recommendation of the Committee by a majority vote, the applicant shall be required to file an application for minor site plan approval to be presented to the full Planning Board. The applicant will be required to pay the fees as set forth for minor site plan approval, however, a credit shall be applied to any fees or escrow deposits paid for review by the Minor Site Plan Committee.
MOTEL . See Hotel.
OPEN SPACE shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental and related to the natural openness of the land.
OPEN SPACE TRUST FUND shall mean a trust fund, established by the governing body of the Township of Ocean, which will be used to acquire, preserve, develop, improve and maintain lands for open space, conservation, historic preservation, farmland preservation, recreation, and parkland and/or for payment of debt service on indebtedness issued or incurred for acquisition, preservation and development of such lands acquired for open space, conservation, historic preservation, farmland preservation, recreation or parkland.
OWNER shall mean any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence proceedings under this chapter to effect a subdivision of land hereunder for himself or another.
PARKING SPACE shall mean an off-street space available for the parking of a motor vehicle.
PERSONAL TRAINER is an individual skilled in providing one-on-one physical and/or rehabilitative training to another individual. A personal trainer would not include those individuals who provide group lessons or training in a health club or other similar environment. Nothing in this definition is meant to preclude more than one personal trainer at any one location.
PLANNED ADULT COMMUNITY (PAC) shall mean a single contained development which shall be limited to occupancy by households where the head of household, or the spouse of the head of household, is a minimum of 55 years old and where no persons under the age of 18 are permanent residents.
PLANNING BOARD shall mean the officially appointed Planning Board of the Township of Ocean, New Jersey.
PLAT, FINAL shall mean the final map of all or portion of the subdivision which is presented to the municipal agency as provided for in the Land Use Procedures section (Article III) of this ordinance.
PLAT PRELIMINARY shall mean a preliminary map indicating the proposed layout of the subdivision which is submitted to the Municipal Agency as provided for in the Land Use Procedures section (Article III) of this ordinance.
PLAT, SKETCH shall mean the sketch map of a subdivision of sufficient accuracy for submission to be used for the purpose of discussion and classification and meeting the requirements of this chapter.
PLAZA shall mean an open area that may be improved and landscaped surrounded by buildings or access ways/parking to include seating and fountain and/or water elements.
PRINCIPAL TRACT shall mean the tract of land upon which all residential development for a Discontiguous Cluster Option development is constructed. The Principal Tract must be entirely located within the zone in which the proposed use is permitted. It may consist of one or more tax lots provided that every tax lot has a common lot line with at least one other tax lot in the Principal Tract, and may not be physically separated by public streets, other tax lots or other means. In the event of split zoned lots, only those portions of any tax lot that are located in the zone or overlay zone in which the use is permitted shall be a part of the Principal Tract.
PUBLIC UTILITY shall mean any utility which is operated by a municipal, county, or State agency or government, or any other utility which is governed by N.J.S.A 48:2-13 of the Laws of the State of New Jersey.
PROJECTION shall mean an extension of a building which protrudes or juts out from the vertical plane of the building not more than two feet.
RECREATIONAL ESTABLISHMENT shall mean a building which is utilized primarily for the purpose of recreational uses including health clubs, gymnasiums, tennis clubs, indoor batting cages, and similar recreational facilities. Community Recreation Centers shall be considered recreational establishments for the purpose of this ordinance.
RIGHT-OF-WAY shall mean the land and space required on the surface, subsurface, and overhead for the construction and installation of materials necessary to provide passage for vehicular traffic, pedestrians, utility lines, poles, conduits and mains, signs, hydrants, trees and shrubbery and the proper amount of light and air as established by local authority, and shall be measured from lot line to lot line.
SATELLITE ANTENNA OR DISH shall mean dish shaped antenna used for the purpose of transmitting or receiving electronic signals.
SCHOOL, BOARDING shall mean a parochial school which provides residence halls or dormitories for boarding of students.
SCHOOL, PAROCHIAL shall mean a facility or use primarily for the education and instruction of individuals in academic or religious subjects and operated on a not-for- profit basis, from Kindergarten through Grade l2, and administered, supervised and directly affiliated with an exempted nonprofit organization.
SCHOOL, PRIVATE shall mean a facility or use primarily for the education and instruction of individuals in academic or religious subjects and operated on a not-for-profit basis, from pre-school through Grade 12, and administered, supervised, and directly affiliated with an exempted nonprofit organization.
SCHOOL, PUBLIC shall mean any school operated under the administrative authority of a duly constituted State, county, regional or municipal Board of Education.
SCREENING shall mean a visual barrier made up of planted or architectural materials for the purpose of preventing the view of an object or area by the general public or from adjacent properties.
SENIOR CITIZEN APARTMENT shall mean any dwelling unit within a private residential community in which at least eighty percent (80%) of the dwelling units are permanently occupied by at least one (1) person 55 years of age or over, every unit shall be occupied by at least one (1) person of age 48 or older, and in which no children under the age of 19 are permitted to reside on a permanent basis. Appropriate restrictive covenants shall be imposed upon the community to ensure compliance with these age restrictions and with the "housing for older persons" exemptions of the Federal Fair Housing Act, 42 USC 3601, et seq."
SENIOR INDEPENDENT LIVING FACILITY shall mean any residential facility, whether or not licensed by the State of New Jersey, which is a single contained development consisting of multifamily dwelling units in one or more buildings or structures in which at least eighty percent (80%) of the dwelling units are permanently occupied by at least one (1) person 55 years of age or over, every unit shall be occupied by at least one (1) person of age 48 or older, and appropriate amenities, as required by the Federal Fair Housing Act, are provided, with no resident being younger than 19 years old. In the event of the death of the widow or widower who is 55 years old, any remaining resident not 55 years old but older than 19 may continue to reside in the unit for the remainder of the term of the existing lease and for one additional lease renewal providing said renewal is not longer than twenty-four months. The facility shall include a kitchen and a space for congregate tableside dining, common leisure and recreation areas for residents, and offices for administration of the facility.
SERVICE DRIVE shall mean a roadway at least 22 feet in width which provides common access to two or more uses and, where adjacent to a public right-of-way, is separated from that right-of-way by a planting strip at least twenty-five feet wide.
SETBACK shall mean the minimum horizontal distance between the front, rear or side lot lines and the closest part of any building. When two or more tax lots under one ownership are used, the exterior property lines so grouped shall be used in determining setback, provided that the lots are merged into one parcel. The front setback shall be measured from any future right-of-way line as adopted in the Master Plan. The term "setback" is synonymous with "required setback" and shall mean a line beyond which a building or structure is not permitted to extend.
SHOPPING CENTER shall mean a commercial site consisting of the following:
a minimum of 3 acres, exclusive of flood plain and wetlands;
10.or more separate business establishments which would otherwise be permitted within the zone, provided that a minimum of 50% of such uses are retail sales or service establishments.
The site may consist of several adjacent parcels under separate ownership, provided the parcels have a common lot line and are developed as a single site with a single approved site plan. For the purpose of this definition, retail service establishments shall not include professional or general office uses, but shall include such uses as restaurants, beauty salons, dry cleaning services, and banks.
SIGN shall mean any device, structure, or object including painted wall signs for visual communication that is used for the purpose of advertising the establishment, activity, or property on which the display is exhibited, but not including any one flag of any governmental or quasi-public club or organization.
SIGN AREA shall mean the maximum projected area of the shape which encloses the sign, device or representation. In the case of lettering attached to building facades, the sign area shall be the product of the maximum vertical dimension multiplied by the maximum horizontal dimension of all lettering and symbols which form the sign, including the empty space between the letters and symbols.
SIGN, FREE-STANDING shall mean a sign not attached to any building. For the purposes of this ordinance, a billboard shall not be considered a free standing sign.
SIGN, OVERHANGING shall mean a sign attached to and perpendicular to an exterior wall of a building.
SIGN, ROOF shall mean a sign attached on a roof that projects higher than the highest part of the building. Also includes signs inscribed or painted on a roof except as required by the Federal Aviation Administration.
SITE PLAN - AMENDED shall mean an amendment of an approved site plan provided that:
a. the construction and site work on the approved site plan have not been completed;
b. proposed changes are incidental to the approved plan;
c. and the building square footage, parking and/or loading requirements, and runoff will not be increased.
SITE PLAN - MAJOR shall mean any site plan which is not a Minor Site Plan or Amended Site Plan.
SITE PLAN - MINOR shall mean any proposed alteration of an approved site plan or building exterior for which construction has been completed which does not involve any of the following:
a. The creation of or the need for additional parking or loading spaces;
b. The construction of additional impervious surface totaling more than two percent of buildable lot area; or,
c. An increase in building coverage of more than two percent of buildable lot area.
The addition, deletion, or relocation of doors and windows or the construction or re-construction of the roofline of an entire building, or the erection of canopies pursuant to Section 21-53.6 shall not constitute a minor site plan.
SPORTING GOODS STORE is a retail establishment for the sale of equipment and clothing for use in recreational pursuits. While the sale of guns and firearms is permitted, such sales must be accessory to the overall operation of the establishment.
STORY shall mean that portion of a building that is accessed by an exterior doorway or permanently installed stairs and is included between the upper surface of a floor and upper surface of the floor or roof next and directly above.
STORY ABOVE GRADE any story having its finished floor surface more than 54" above the finished grade at any point in the architectural rear of the building or more than 36" above finished grade at any point in the architectural front of the building. A ground level parking garage shall not be considered a story.
STREAM RIGHT-OF-WAY shall mean the distance or width located on both sides of a stream or watercourse which has been dedicated, deeded or granted by easement to any government agency for stream right-of-way or which has been indicated in an officially adopted stream improvement program.
STREET shall mean 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 law; or (4) which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
STREET, ALLEY shall mean a minor way which is used primarily for vehicular service access to the rear or side of properties otherwise abutting a street.
STREET, ARTERIAL shall mean street used primarily for traveling between communities and designed to handle greater volumes of traffic than local or collector streets.
STREET, COLLECTOR shall mean those streets which carry traffic from minor streets to the major and arterial streets.
STREET, CUL-DE-SAC shall mean a local dead-end street terminating in a circular turnaround generally not used for ingress and egress by more than ten abutting lots.
STREET LINE shall mean that line determining the limit of the highway rights of the public. Street line and right-of-way line are synonymous.
STREET, LOOP shall mean a continuous local street whose entrance and exit are parallel or nearly parallel to each other and generally not used for ingress and egress by more than 50 abutting lots.
STREET, MAJOR shall mean those streets that form a continuous network connecting all arterial streets and provide through traffic movements and serve adjacent commercial, industrial and residential uses.
STREET, MINOR shall mean those streets that need be entered only for stopping at a destination on that street and which need not be used for general circulation or through traffic.
STREET, RESIDENTIAL shall mean a street or portion thereof which is located in a residential zone.
STRUCTURE shall mean a combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.
SUBDIVIDER shall mean any individual, firm, association, syndicate, co-partnership, corporation, or other legal entity commencing proceedings to subdivide the land for himself or for another according to the provisions of this chapter.
SUBDIVISION, AMENDED shall mean an amendment to an approved subdivision which:
a. does not change the number of lots created by the original subdivision;
b. does not create any new variances;
c. does not involve additional off-tract improvements, or the alteration of previously approved off-tract improvements;
d. does not involve the reduction of dedicated open space.
SUBDIVISION COMMITTEE shall mean a committee or the planning administrator, when so appointed by the Chairman of the Municipal Agency, for the purpose of classifying subdivisions in accordance with the provisions of this chapter and of performing such other duties relating to land subdivision as may be conferred on this committee by the Municipal Agency.
SUBDIVISION, MAJOR any subdivision not classified as a minor or amended subdivision.
SUBDIVISION, MINOR shall mean a subdivision of land for the creation of not more than four lots, provided that such subdivision does not involve:
a. a planned development;
b. any new street; or
c. the extension of any off-tract improvement.
SWIMMING POOL AND TENNIS COURTS, PRIVATE shall mean a swimming pool and tennis court located as an accessory to a residential use on the same lot as the principal use it serves, is utilized only by the occupant of the residence or his non-paying guests and is not operated for profit.
SWIMMING POOL AND TENNIS COURTS, PUBLIC shall mean a swimming pool and tennis court open to the general public or open to members only of a club or organization whether operated for profit or not.
TOWER see wireless telecommunications tower.
USE, PRINCIPAL shall mean the primary purpose for which a specific lot is designed, arranged, intended or for which it is or may be occupied or maintained.
USE, ACCESSORY shall mean a use which is incidental to that of a principal use on the same lot.
USE, PERMITTED shall mean a use of a building or land that conforms with the provisions of this chapter.
USE, NONCONFORMING shall mean a use of a building or land that does not conform with the provisions of this chapter for the zone in which it is located.
USE, PUBLIC shall mean any use of land or structures thereon which is owned and used by the federal, State, county or municipal governments. Public use shall also include property not owned by a governmental entity but is leased or used for that purpose.
USE, RESIDENTIAL shall mean the use of a building or part as a dwelling unit.
USE, QUASI-PUBLIC shall mean any use which is a public gathering place, but not publicly owned, which is non-profit and not commercial in nature. The term "quasi-public" shall mean the same as the term "semi-public".
WIRELESS TELECOMMUNICATIONS TOWER shall mean any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.
YARD shall mean an open space on the same lot with a principal building, open, unoccupied and unobstructed by buildings from the ground to the sky, except as otherwise provided in this chapter. The minimum required yard shall be the same as required setback.
YARD, FRONT shall mean the yard extending across the entire width of the lot between the street line and the required front setback.
YARD, REAR shall mean the yard extending across the entire width of the lot between the rear lot line and the required rear setback.
YARD, SIDE shall mean a yard extending along the side lot line from the front yard to the rear yard and lying between the side lot line and the required side setback.
ZONING BOARD OF ADJUSTMENT shall mean the officially appointed Zoning Board of Adjustment of the Township of Ocean.
