ACCESSORY BUILDING OR USE - One which;
(A.) Is subordinate to and serves any principal building or use;
(B) Is subordinate in area, extent or purpose to the principal building or principal use served;
(C) Contributes to the comfort, convenience or needs of occupants of the principal building or principal use served;
(D) Is located on the same lot as the principal building or principal use served [Amended 5-22-1990 by Ord. No. 354-2D-90];
(E) Shall not be used as an extension of a permitted home occupation;
(F) Is any wind energy conversion system within the meaning of and in accordance with the standards set forth in this chapter [Added 11-10-81 by Ord. No. 354-2BB-81]
ADMINISTRATIVE OFFICER - The individual who shall serve in the office of the Principal Planner in the Township of Brick shall be the 'administrative officer' within the meaning of N.J.S.A. 40.55D-3. [Amended 8-23-1988 by Ord No. 3542SSSS-88]
ADULT DAY CARE CENTER is a community based program designed to meet the needs of functionally or cognitively impaired adults through an individual plan of care structured to provide a variety of health, social and related support services in a protective setting during any part of a day but less than 24 hours.
**Webmasters Note: The previous definition has been added as per Ordinance No. 354-2JJ-01.
ADVERTISING STRUCTURE - Any rigid or semi-rigid material, with or without sign displayed thereon, situated upon or attached to real property or mobile objects and vehicles outdoors for the purpose of furnishing a background, base or support on which a sign may be posted or displayed
ALTERATIONS - As applied to a building or structure, a change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extension of a side or by increasing in height, or change in use from that of one district classification to another, any conversion of a building or a part thereof, or removal of a building from one location or position to another or demolition thereof.
APPLICANT - A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT - The application form and all accompanying documents required by this chapter for approval of a site plan, subdivision plat, conditional use, planned development, zoning variance or direction of the issuance of a permit pursuant to Chapter 291 of the Laws of New Jersey 1975
APPROVING AUTHORITY - The Planning Board of the municipality, unless a different agency is designated by ordinance when acting pursuant to the authority of Chapter 291 of the Laws of New Jersey 1975
AMUSEMENT CENTER - A building where the public may enter, which building is operated solely as an amusement center and housing for four (4) or more of any or all of the types of amusement games, machines or devices as described in this chapter under the definition of game room and such other amusement games, machines or devices in which the public may participate for a fee Amusement centers do not include motion-picture theaters, bowling alleys, roller-skating rinks, ice-skating rinks, bookstores, massage parlors and the like (Added 6-3-1991 by Ord No. 354-2K-91]
ARCADE [Added 12-8-1981 by Ord. No. 354-2EE-81; amended 5-11-1982 by Ord. No. 354-1D-82; repealed 6-3-1991 by Ord. No. 354-2K-91]
ASSISTED LIVING RESIDENCE means a facility which is licensed by the Department of Health arid Senior Services to provide apartment style housing and congregate dining and to assure that assisted living services are available on a 24 hour basis for four or more adult persons unrelated to the proprietor. Apartment units offer, at minimum, one unfinished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.
**Webmasters Note: The previous definition has been added as per Ordinance No. 354-2JJ-01.
ATHLETIC, HEALTH AND FITNESS FACILITIES Commercial establishments whose facilities provide for competitive sports, body building or exercise equipment or which conduct programs of exercise that either provide for physiological development, cardiopulmonary conditioning, weight reduction or other forms of active fitness preparation Such facilities shall not exclude male or female participants and shall primarily provide for open enrollment limited only by the physical capacity of the facility It shall specifically exclude private social clubs whose primary purpose is social activity or entertainment. [Added 11-5-84 by Ord No. 354-2AAA-84]
AUCTION MARKET - Any premises on which is held at periodic times auction sales of merchandise or any other personal property
AUTOMOBILE SALES AND/OR RENTAL FACILITIES - The use of any building, land area or other premises for the display, sale and rental of new or used automobiles, panel trucks, vans or other recreational vehicles, including any warranty repair work or warranty repair service conducted as an accessory use [Added 4-13-82 by Ord No. 354-2LL2]
AUTOMOBILE SALESROOM - A place of business where the primary purpose is the sale of new motor vehicles, having a building with showrooms office space, repair and maintenance facilities with or without a used car lot incidental thereto, and on the same business premises or immediately adjacent thereto
AUTOMOBILE SERVICE STATION - Any premises used for the retail sale of gasoline, oil or other products necessary for the maintenance and operation of motor vehicles and for servicing and repair thereof, but where no vehicular painting and/or body work is done and where no junked or unregistered vehicles are kept or stored
BANKS AND FIDUCIARY INSTITUTIONS - Establishments which provide for checking, savings, safekeeping, loans, mortgages and other types of financial transactions commonly associated with commercial banks, savings and loans, credit unions, loan offices and thrift institutions [Added 11-5-84 by Ord. No. 354-2AAA-84]
BANNER - A sign having characters, letters or illustrations applied to cloth, paper or fabric of any kind with only such material for backdrop
BASEMENT - A story of a building partly underground and having more than one-half (1/2) of its height above the average level of the finished grade at the front of the building
BILLBOARD - (A) Includes any off-site sign used to identify the product made or the activity being pursued by any individual, service, business or commercial or industrial enterprise for the purpose of apprising the public of the location of such enterprise and/or type of activity in which it is engaged; (B) A structure utilized for advertising an establishment, activity, product, service or entertainment which is sold, produced, manufactured available or furnished at a place other than on the property on which said sign is located
BLOCK - That area bounded by two (2) or more streets The "block frontage" shall refer to the length of a street between intersecting right-of-way lines
BOARD OF ADJUSTMENT - The Board established by ordinance of the Township of Brick pursuant to N J S A 40 55D-69
BOAT DOCK - An accessory use to a private home or club not operated as a commercial venture for a profit
BOAT SALES AND SHOWROOMS - Retail sale of boats and marine accessories, whether from an enclosed showroom or open-air displays, and not an accessory use to a primary use as a marina. [Added 7-15-80 by Ord No 354-2M-80]
BOATYARD - See "marina"
BUFFER - A landscaped area designed to act as a visual and sound screen between a potentially unsightly or otherwise undesirable or incompatible use and adjacent properties. and as further defined in the Noise Ordinance which shall become known as Chapter 204 of the Code of the Township of Brick
BUILDABLE AREA/LAND - Includes all land which can be built upon under current federal, state, county and local laws/regulations. "Buildable area/land" does not include any fresh- or saltwater buffer areas established by any governmental agency. [Added 3-13-1990 by Ord. No. 354-2A-90]
BUILDING - A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof, including tents, lunch wagons, trailers, dining cars, camp cars or other structures on wheels or other supports and designed or used for shelter, housing, enclosure or storage of persons, animals or chattel
BUILDING AREA - The total of areas circumscribed by the outside dimensions on a horizontal plane measured at the outermost extension wall and all accessory buildings, exclusive of unroofed porches, terraces or steps having a vertical face legs than three (3) feet above the level of the ground from which the height of the building is measured.
BUILDING HEIGHT - The vertical distance measured from the average elevation or the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deckline of mansard roofs; and to the mean height between eaves and ridge for gable, hip and gambrel roofs, but in no event exceeding the height limitation of Part 2 Zoning of this chapter.
BUILDING LINE - A line formed by the intersection of a horizontal plane and a vertical plane that coincides with the most projected exterior surface of the building, excluding roof overhangs or fireplaces or chimneys which do not extend more than eighteen (18) inches into the required yard space For the purposes of this section, roof overhangs shall be the highest plane of the building, whether sloped or horizontal, and no habitable or inhabitable space shall exist above the roof overhang. All yard requirements are measured to the "building line." Where the front property line is not perpendicular to the side line, the 'building line' shall be measured along a straight line tangent to the setback line being concentric with the front property line [Amended 923-80 by Ord. No. 354-1B-80, 4-27-82 by Ord. No. 354-1C82; 4-26-88 by Ord. No. 354-2QQQQ-88]
BUILDING, PRINCIPAL - A building or buildings in which is conducted the main or principal use of the site on which it is situated.
CAPITAL IMPROVEMENT - A governmental acquisition of real property or major construction project
CELLAR - A story of a building -partly underground and having less than one-half (1/2) of its height above the average level of the finished grade at the front of the building.
CERTIFICATE OF OCCUPANCY - A certificate issued by the Division of Inspection upon completion of construction on buildings and grounds which certifies that all requirements of this chapter and/or such adjustments thereof which may have been granted are in compliance.
CHANGE OF USE - Any use that substantially differs from the previous use of a building on land.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 354-D-02.
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.
CLINICS AND OTHER THERAPEUTIC AND REHABILITATION FACILITIES - An establishment where patients are admitted for examination and treatment by one (1) or more physicians, dentists, psychologists or social workers and where patients are not usually lodged overnight [Added 11-584 by Ord. No. 354-2AAA-84]
CLUBS, LODGES, FRATERNAL, SOCIAL AND RECREATIONAL BUILDINGS - A building or structure principally used to house any club, lodge, fraternal, social, recreational, athletic. patriotic or civil organization and its attendant activities, whether private or public
CLUSTER DEVELOPMENT - A development of single-family detached dwellings or two (2) single-family attached dwellings (herein referred to as "duplexes") which will preserve desirable open spaces, conserve floodplains and wetlands. provide open space recreational parks and land for other public or quasi-public purposes compatible with residential uses by permitting a reduction of lot size and the application of certain other regulations hereinafter stated without increasing the number of lots, i.e., the gross density, in the total area to be developed
COMMON OPEN SPACE - An open space area within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development
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 Part 2, Zoning, of this chapter and upon the issuance of an authorization therefor by the Planning Board
COUNTY MASTER PLAN - A composite of the Master Plan for the physical development of Ocean County, with accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40.274.
COUNTY PLANNING BOARD - The Planning Board of Ocean County
COVERAGE, BUILDING - That percentage of the plot or lot area covered by all structures or uses other than walls, hedges and fences, exclusive of required parking as required by Part 2 of this chapter
COVERAGE, LOT - That percent of the plat or lot area allowed to be utilized by the permitted use, exclusive of permitted parking as set forth in the Part 2 of this chapter
DAYS - Calendar days
DECK - A wooden frame platform not exceeding eight (8) inches in height as measured from ground level and which is constructed in connection with a residential use. [Added 1110-81 by Ord. No 354-2Z-81]
DENSITY - The total number of dwelling units divided by the gross acreage of the parcel, except for lands flooded or inundated by tidal waters.
DETENTION BASIN - A man-made or natural water collector facility designed to collect surface and subsurface water so that it might impede its flow and to gradually release the same, at a rate not greater than that prior to the development of the property, into natural or man-made outlets (i.e., the storm sewer system or stream).
DEVELOPER - The legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development, including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land
DEVELOPMENT - The division of a parcel of land into two (2) or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or 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
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
DRAINAGE - The complete analysis and implementation for a stormwater management system
DRIVE-IN - An establishment which accommodates the patron's automobiles, from which the occupants may receive a service or obtain a product which may be used or consumed in the vehicles on the same premises
DWELLING - A building designed or used exclusively as the living quarters for one (1) or more families
DWELLING, MULTIFAMILY - A dwelling or group of dwellings situated on one (1) plot containing separate units for three (3) or more families but which may have joint services or facilities, or both
DWELLING, ONE-FAMILY - A detached building designed for or occupied exclusively for one (1) family and having no party walls or walks in common with any adjacent house or houses
DWELLING, TWO-FAMILY - A dwelling consisting of a building containing two (2) dwelling units only and not occupied or designed for occupancy by more than two (2) families living independently of each other.
DWELLING UNIT - One (1) or more rooms providing living facilities for one (1) family, including equipment for cooking or provisions for the same
ELEVATED DECKS - A frame platform greater than eight (8) inches in height but not exceeding three (3) feet in height as measured from ground level and which is constructed in connection with a residential use.
**Webmasters Note: The previous definition has been added as per Ordinance No. 354-A-02.
EMERGENCY MEDICAL SERVICE FACILITIES - A building that contains establishments dispensing medical services on an emergency basis with a registered physician in attendance. [Added 11-5-94 by Ord. No. 354-2AAA-84]
ENVIRONMENTAL COMMISSION - A municipal advisory body created pursuant to P.L. 1968, c. 245 (N.J.S.A. 40 56A-1 et seq.).
EROSION - The detachment and movement of soil or rock fragments by water, wind, ice and gravity
ESSENTIAL SERVICES - Facilities installed or maintained by a public utility or governmental agency, including gas, electric, phone, water, sewerage and other similar services necessary to provide adequate utility services necessary to the general health, safety and welfare of the public
EXTENDED CARE FACILITY - A long-term care facility or a distinct part of a facility licensed or approved as a nursing home, infirmary unit of a home for the aged or a governmental medical institution. [Added 11-5-84 by Ord. No. 354-2AAA-84]
FAMILY - One (1) or more persons living together as a single housekeeping unit.
FARM - A parcel of land, five (5) acres or larger in size, which is used principally in the raising or production of agricultural products, livestock, poultry or dairy products and the necessary or usual dwelling, farm structures, storage and equipment
FARM BUILDING - Any building used for the housing of agricultural equipment, produce, livestock or poultry or for the incidental or customary processing of farm products, provided that such building is located on, operated in conjunction with and necessary to the operation of a farm as defined by this section
FARMING - Agricultural activity as a business or the keeping or raising of livestock or other farm animals
FENCE - A structure forming a total or partial enclosure of an open area and designed to prevent straying from within or intrusion from without said enclosure or to provide a visual barrier for the purposes of assuring privacy
FINAL APPROVAL - The official action of the Planning Board or Board of Adjustment on matters within its jurisdiction after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranties.
FINAL PLAT - The final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with these regulations and which, if approved. shall be filed with the proper county recording officer.
FLEA MARKET SALE - The outdoor sale of inventory conducted by a fraternal, charitable or other nonprofit organization which has been assigned a tax-exempt number by the Internal Revenue Service [Added 1-28-86 by Ord No 354-2MMM-86]
FLOODPLAIN - The area of relatively flat land adjoining a watercourse and subject to flooding from an overflow of said watercourse due to the intensity of a one-hundred-year storm. including lands mapped by the Ocean County Soil Conservation Service and New Jersey Department of Environmental Protection and Housing and Urban Development flood regulations, whichever is more restrictive
FLOOR AREA - The sum of the gross horizontal areas of the several floors of the building, measured from the exterior faces of exterior walls or from the center line of walls separating two (2) buildings. In particular, the 'floor area' of a building shall include:
(A) Basement space (not to be included when computing minimum floor space, except when the basement is used as living space or selling area);
(B) Stairwells;
(C) Attic space, whether or not a floor has actually been laid, however. just the area directly under a headroom of seven (7) feet or more;
(D) Enclosed porches;
(E) Second floor areas shall be considered as "floor area" only where the side walls are at least four (4) feet in height over a finished floor and reach a ceiling height of at least seven (7) feet;
(F) Split-level dwellings shall be considered as one-story or ground level dwellings, unless a third level is constructed To be considered a split-level dwelling, a building shall contain three (3) or more floor levels, each separated from the adjoining floor level by a vertical distance of more than one (1) foot three (3) inches but less than seven (7) feet
FLORIST SHOP - A commercial establishment providing for the retail sale of flowers, floral arrangements and/or imitation flowers or floral arrangement-, as their primary business [Added 11-5-84 by Ord No. 354-2AAA-84]
GAME ROOM - A place or room within an existing building where the public may enter, wherein there are located four (4) or more amusement games, machines or devices of the type commonly known and designated as "pinball"," console cathode ray tube game machines." "electronic or video game machines," "electric crane," "bagatelle," "baseball" and any other game, machine or device similar to the above, operated by the use of coins or tokens and for the purpose of amusement or entertainment of the user [Added 12-8-81 by Ord. No. 3542EE-81; amended 5-11-82 by Ord No. 354-1D-82]
GARAGE OR YARD SALE - A sale, conducted on a lot occupied exclusively by a single-family dwelling and conducted by the owner of such dwelling, of used furnishings or other items of personal property of the owner and being sold primarily for purposes of disposal of such personal property by such owner. [Added 1-28-86 by Ord. No. 354-2MMM-86]
GARAGE, PRIVATE - A building or space used as an accessory to the main building which provides for the storage of motor vehicles of the families resident upon the premises and in which no occupation or business or service for profit is carried on and in which not more than three (3) motor vehicles are stored
GARAGE, PUBLIC - A building or part thereof, other than a private garage, used for the storage, care or repair of motor vehicles for profit, including any sale of motor vehicles, fuels or accessories or where any such vehicles are kept for hire
GARDEN APARTMENT - One (1) or more multiple-family dwelling structures not more than two (2) stories in height, with not more than six (6) dwelling units per structure and so laid out that no individual dwelling unit can be sold independently on a separate parcel of land, each unit with individual entrances.
GASOLINE FILLING STATIONS - Any area of land, including structures thereon, that is used for the retail sale of gasoline or other vehicle fuel, oil or lubricating substances, batteries, tires and automobile accessories, and which may include the facilities for polishing, greasing, washing, dry cleaning or otherwise cleaning or servicing motor vehicles, and which provides minor automobile service and repairs, not amounting to rebuilding, major repairs or body work
GIFT SHOP - A commercial establishment providing for the retail sale of greeting cards, books, stationery and supplies, toiletries, candies and similar items [Added 11-5-84 by Ord. No. 354-2AAA-84]
GOLF COURSE, PUBLIC - An area of fifty (50) or more contiguous acres containing a full-size professional golf course, at least nine (9) holes in length, together with the necessary and usual accessory uses and structures, such as but not limited to clubhouse facilities, dining and refreshment facilities, swimming pools, tennis courts and the like, provided that the operation of such facilities is incidental and subordinate to the operation of the golf course
GOVERNING BODY - The chief legislative body of the municipality.
GRADE, FINISHED - The elevation of the completed surface of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto or already in existence
GREENBANK PARKING SPACES - parking spaces approved pursuant to site plan approval but not physically improved.
**Webmasters Note: The previous definition, "Greenbank Parking Spaces", has been added as per Ordinance No. 654-H-02.
GROSS FLOOR AREA - The sum of the gross horizontal areas of the floor or several floors of an enclosed building measured between the inside face of exterior walls or from the center line of a wall separating two (2) or more units, having a clear ceiling height prescribed in the Building Code 3 for the type of building concerned, any cellar, basement, garage space or accessory building is not to be included in computing any minimum 'gross floor area' required by this chapter
HAIRSTYLING - A commercial establishment providing for the styling, cutting and treatment of male and female hair [Added 11-5-84 by Ord No. 354-2AAA-84]
HEIGHT - When used in connection with any WECS, the distance from the surrounding ground level measured to the highest point of the WECS (top of blade in highest possible position). [Added 11-10-81 by Ord. No 354-2BB-81]
HISTORIC SITE - Any building, structure, area or property that is significant in the history, architecture, archeology or culture of this state, its communities or the nation and has been so designated pursuant to law
HOME OCCUPATION - Any gainful employment or occupation of one (1) or more members of the resident family which will constitute, either entirely or partly, the means of livelihood of such member or members, and which shall be conducted clearly secondary or accessory to the primary residential use of the principal dwelling. Such occupation may be pursued in the principal dwelling. "Home occupations" are normally in the field of work of the artisan, and may include such activities as dressmaking, millinery, watchmaking, electrical, radio repair and carpentry, where not more than two (2) persons are employed full time. The retail sale of goods and services in structures designed or altered to make such activities the primary use of any structure shall not be construed hereunder to be a home occupation. No greater than twenty-five percent (25%) of the total floor area of a residence shall be used for said occupation
HOSPITAL - A building or series of buildings primarily for treatment of patients to be housed on the premises and providing primary health services and medical or surgical care to persons, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities, training facilities, central service facilities and staff offices. The definition 'hospital' shall not include nursing homes, medical care centers and the like [Amended 11-5-84 by Ord No 354-2AAA-844]
HOUSE TRAILER - Any dwelling unit which is so designed or constructed as to permit its transportation as a fully built unit, and whether or not equipped with wheels or some device used for the purpose of transporting such unit from place to place, whether by its own motor power or by other means, or any other unit used for temporary living or sleeping purposes temporarily located in the locality, whether the same is on blocks, posts or other type of nonpermanent foundation
IMPROVED PUBLIC STREET - For subdivision purposes or site plan, any street which complies in width and construction with the standards set forth in Part 3, Subdivision of Land, of this chapter, and any amendments thereto and has been accepted by the Township of Brick
INDUSTRIAL PARK - A planned or organized industrial area with comprehensive design for industrial building, utilities and street access which is systematically subdivided according to the needs of the tenants and contains more than two (2) separate buildings, either individually owned or leased, occupied by acceptable manufacturing or industrial enterprises.
INTERESTED PARTY - In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey, and 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 under any other law of this state or of the United States or has been denied, violated or infringed by an action or a failure to act under this chapter
JUNK OR SALVAGE YARD - Use of any lot for the storage, keeping or abandonment of junk, including scrap materials, or for the dismantling, demolition or abandonment of structures, automobiles or other vehicles, equipment or machinery, or parts thereof, or any area and/or structure used or intended to be used for the conducting or operating of the business of selling, buying, storing or trading in used or discarded metal or glass
LAND - Real property, including improvements and fixtures on, above or below the surface
LIFE CARE FACILITIES - An institution or a distinct part of an institution which is licensed or approved to provide health care under medical supervision for twenty-four (24) or more consecutive hours to two (2) or more patients who are not related to the governing authority or its member by marriage, blood or adoption and offers financial arrangements to provide such care for a person's natural life [Added 11-5-84 by Ord No 354-2AAA-84]
LOT - A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREA - The size of a lot measured within the lot lines and expressed in terms of acres or square feet, but excluding that part of a lot which is submerged under water or included within a street right-of-way except where an easement is obtained or exists for public purposes in which cam the area of the easement shall be included in the calculation of 'lot area.' [Amended 2-28-89 by Ord. No. 354-2C-89]
LOT, CORNER - A parcel of land at the intersection of and fronting on two (2) or more streets
LOT COVERAGE - See coverage, lot.
LOT, DEPTH OF - The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot line, provided that, for 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 intersection with the side lot lines On a corner lot, the greater frontage is its depth, and the lesser frontage shall be deemed the front of the lot. In the event that a corner lot has equal frontages, the front lot line shall be that line which the main entry of the structure faces
LOT FRONTAGE - That portion of a lot extending along a street line
LOT WIDTH - The horizontal distance between the side lot lines measured at right angles to its depth at a point which constitutes the rear line of the required front yard space Where the front property line is not perpendicular to the side line, the building line shall be measured along a straight line tangent to the setback line being concentric with the front property line [Amended 9-23-80 by Ord. No. 354-1B-80]
LUNCHEONETTE, COFFEE SHOP - A commercial establishment providing for the consumption of food or beverages primarily prepared on the premises and consumed on the premises Such food and beverages shall be dispensed at tables or sit-down counters or cafeteria style or any combination thereof No alcoholic beverages shall be permitted [Added 11-5-84 by Ord. No. 354-2AAA-84]
MAINTENANCE GUARANTY - Any security, other than cash, which may be accepted by a municipality for the maintenance of any improvements required by this chapter
MAJOR SUBDIVISION - All subdivisions not classified as minor subdivisions. In addition, any proposed subdivision which would otherwise qualify as a minor subdivision shall be classified as a 'major subdivision' if the subdivision under consideration represents a further subdivision of an original tract of land for which previous minor subdivision(s) have been approved by the Planning Board and the combination of the proposed and approved minor subdivision(s) constitute a "major subdivision." The original tract of land shall be considered any tract in existence at the time of the adoption of the first Subdivision Ordinance of Brick Township.
MARINA - Any waterfront facility wherever berthing spaces for any and all watercraft are offered for rental by the operation. A "marina" shall be deemed to include automobile parking facilities, sanitary facilities and marine fuel sales. Additionally, a marina shall be deemed to include on-site uses of water dependent nature such as docks, upland boat storage, dock master's quarters, bait and tackle shops and maintenance facilities for repair and preparation of watercraft, boat sales, boat supplies, and facilities for the construction of new boats, provided the number of boats constructed annually does not exceed twelve (12), and the construction activities of boats are conducted within a building approved for such use by the Approving Authority and located within a Business Zone. For purposes of this Chapter, the rental of two (2) or more berthing spaces to other than the resident of property contiguous to the same shall be deemed to constitute a marina. Marinas shall not include residential development other than a dock master's quarters and/or one (1) single family dwelling.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 254-2F-05.
MASTER PLAN - A composite of the mapped and written proposals recommending the physical development of the municipality as adopted by the Township of Brick
MEDICAL DIAGNOSTIC OFFICES AND LABORATORIES - A building that contains establishments dispensing health services [Added 11-5-84 by Ord. No 354-2AAA-84]
MEMBRANE STRUCTURE . A temporary portable shelter enclosed with materials such as canvas or plastic, secured to a supporting metal, plastic or other conduit or poles and secured to the ground with an anchoring system.
**Webmasters Note: The previous definition has been added as per Ordinance No. 354-2KK-01.
MINI WAREHOUSE - A building or structure principally devoted to the retail leasing or rental of floor space for the storage of household goods, personal effects, tools or equipment and the temporary storage of inventory. "Mini warehouses" shall not include warehouses principally used for the storage of commercial inventories and/or used as commercial distribution facilities [Added 7-20-82 by Ord. No. 354-200-82]
MINOR SITE PLAN - A development plan of one (1) or more lots on which is shown existing and proposed conditions and other information and data as specified in Part 4 of this chapter [Added 5-25-82 by Ord. No. 354-4D-82]
MINOR SUBDIVISION - A subdivision of land that does not involve the creation of more than three (3) lots, planned development, any new street or extension of any off-tract improvement.
MOTEL - A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units, designed for transient travelers and provided with accessory off-street parking facilities. The term 'motel' includes buildings designed as tourist courts, motor lodges, auto courts and other similar designations but shall not be construed to include mobile or immobile trailers.
MOTOR HOTELS, WITH AMENITIES PERMITTED SUCH AS RESTAURANTS, BANQUET FACILITIES AND LOUNGES - A facility offering transient lodging accommodations to the general public and providing additional services, such as restaurants, meeting rooms and recreation facilities, with adequate parking on site for all such facilities [Added 11-5-84 by Ord. No 354-2AAA-84]
MULTIFAMILY DWELLING - See "dwelling, multifamily "
MUNICIPAL PARKS, PLAYGROUNDS AND OTHER MUNICIPAL BUILDINGS AND USES AS ARE DEEMED APPROPRIATE AND NECESSARY BY THE TOWNSHIP COUNCIL - Municipal parks, playgrounds and other municipal buildings and uses as are deemed appropriate and necessary by the Township Council [Added 11-5-84 by Ord No. 354-2AAA-84]
NONCONFORMING LOT - A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a Zoning Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment
NONCONFORMING STRUCTURE - A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of Part 2, Zoning, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment
NONCONFORMING USE - A use or activity which was lawful prior to the adoption, revision or amendment of a Zoning Ordinance but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment
NONPROFIT HOMEOWNERS ASSOCIATION - An association of homeowners within a PRRC to which all homeowners, by deed restrictions, covenants, restrictions, bylaws or otherwise, automatically belong and become members of said association The purpose of the association is to own, maintain and preserve the common lands, properties and facilities proposed to be deeded to the owners of their association, provide the basic services and administer the enforcing of the covenants, restrictions and bylaws, the costs thereof to be shared equitably by the homeowners. [Amended 11-5-84 by Ord. No 354-2DDD-84; 9-8-87 by Ord. No. 3542NNNN-87; 1-24-89 by Ord. No. 354-2A-89]
NURSING HOME - An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves [Added 11-5-84 by Ord. No. 354-2AAA-84]
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 contiguous portion of a street or right-of-way
OFF TRACT - Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way
ON SITE - Located on the lot in question.
ON TRACT - Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way
OPEN SPACE - Any parcel or area of land or water 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 directly related to the natural openness of the land
OWNER - Any individual, firm, association, syndicate, partnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same
OUTDOOR SALE - The outdoor sale or storage of inventory conducted for profit in association with a principal building already subject to a commercial use [Added 1-28-86 by Ord No. 354-MMM-86]
PARKING FACILITIES - Includes all parking spaces, access isles and internal circulation driveways, but shall not include a driveway providing ingress or egress to a site from an adjacent public or private street [Added 9-13-88 by Ord No. 354-2TTTT-88]
PARKING LOT, COMMERCIAL - Any lot which is devoted to the parking of automobiles in return for a fee
PARKING SPACE - The area required for the parking of one (1) automobile.
PARTY IMMEDIATELY CONCERNED - For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under Section 7 of Chapter 291 of the Laws of New Jersey 1975 6
PATIO - A level prepared surface normally or customarily used as an exterior sitting area and having no integral structural connection to any building
PERFORMANCE GUARANTY - Any security, including cash, to ensure completion of improvements required as part of a development application approval
PERMITTED USE - All uses specified in a particular zone, quoted in the subsections labeled "Permitted uses" within the text of this chapter
PHARMACIES AND OTHER RETAIL ESTABLISHMENTS FOR THE SALE OF MEDICAL AND SURGICAL SUPPLIES, EQUIPMENT AND CLOTHES OR GOODS AND PRESCRIPTION EYEGLASSES - A place where drugs and medicines are prepared and dispensed [Added 115-84 by Ord. No. 354-2AAA-84]
PHYSICIANS AND OTHER PROFESSIONAL OFFICES - The office of a member of a recognized profession maintained for the conduct of that profession [Added 11-5-84 by Ord. No 354-2AAA-84]
PLANNED RESIDENTIAL RETIREMENT COMMUNITY (PRRC) - A community having one (1) or more parcels of land having a contiguous total acreage of at least one hundred (100) acres forming a land block to be dedicated to the use of a "PRRC"; said land, through its corporation, association or owners, shall restrict the ownership and occupancy of each residential unit in said community to at least one (1) person of the age of fifty-five (55) years or older by deed, covenants and restrictions of record and bylaws and rules and regulations, and the area comprising a "PRRC" may be by fee simple with common land or open space to be maintained through assessments against property owners within the confines of said community or development or in accordance with the provisions of N.J.S.A. 46:8B-1 et seq. [Amended 1-24-89 by Ord. No. 354-2A-89; 3-14-89 by Ord. No. 354-2E-89]
PLANNED RESIDENTIAL WATERFRONT COMMUNITY (hereinafter referred to as "PRWC") - A community consisting of one (1) parcel of land having frontage on water and frontage on at least a collector road as defined in the Brick Township Master Plan and having a contiguous total acreage of at least ten (10) acres forming a land block to be dedicated to the use of a "planned residential waterfront community' consisting of a minimum of forty-eight (48) units, the use of which, through its cooperative, association or owners, shall be restricted by deed and regulations for use by owners and tenants. The bylaws shall provide that the rental or sublease of any unit shall not be less than thirty (30) consecutive days Ownership of the dwelling units and the area comprising a "PRWC" may be by fee simple with common land or open space to be maintained through assessments against property owners within the confines of said "PRWC" pursuant to this chapter or in accordance with the provisions of N.J.S.A. 46:8B1 et seq. [Added 11-5-84 by Ord. No. 354-2DDD-84; amended 9-8-87 by Ord. No. 354-2NNNN-87]
PLANNING BOARD - The Municipal Planning Board of the Township of Brick established pursuant to Chapter 291 of the Laws of New Jersey 1975
PLAT - A map or maps of a site plan or subdivision
PREDFDA APPROVAL - If required by the New Jersey Planned Real Estate Development Full Disclosure Act (PREDFDA), a PRWC shall have received all requisite approvals from the Division of Housing of the Department of Community Affairs for the State of New Jersey prior to the issuance of a certificate of occupancy in the PRWC [Added 11-5-94 by Ord. No. 354-2DDD-84; amended 9-8-87 by Ord. No. 354-2NNNN-87]
PRELIMINARY APPROVAL - The conferral of certain rights pursuant to this chapter prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS Architectural drawings showing floor layout and front, side and rear view, 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
PRELIMINARY SUBDIVISION PLAT - A reasonably accurate map indicating the proposed layout of a development and related information that is submitted for preliminary approval in accordance with the provisions of Part 4 of this chapter.
PRINCIPAL BUILDING - A building in which is conducted the main or principal use of the lot on which the building is situated.
PRINCIPAL USE OR USES - The primary or main purpose for which a lot or building is being utilized.
PUBLIC DEVELOPMENT PROPOSAL - A Master Plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or amendment thereto.
PUBLIC DRAINAGEWAY - The land reserved or dedicated for the installation of stormwater sewers and structures or drainage ditches and swales as required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion
PUBLIC OPEN SPACE - An open space area conveyed or otherwise dedicated to a municipality, municipal agency, Board of Education. state or county agency or other public body for recreational or conservational uses
PUBLIC SCHOOLS AND INSTITUTIONS OF HIGHER LEARNING FOR THE PRACTICE OF MEDICINE AND NURSING OR SIMILAR RELATED OCCUPATIONS Institutions of higher learning and instructional facilities whose enrollment consists of students acquiring credits toward graduate degrees, certification in specialized fields or licenses in medical or health-related care [Added 11-5-84 by Ord. No. 354-2AAA-84]
RESIDENTIAL DENSITY - The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development
RESUBDIVISION - The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument
SEDIMENTATION - The deposition of soil or other matter that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
SETBACK - The minimum horizontal distance between the street, rear or side lines of the lot and the front, rear or side setback line. When two (2) or more lots under one (1) ownership are used, the exterior property lines so grouped shall be used in determining "setbacks" The "setback" distance shall be equal to the required yard width.
SETBACK LINE - A building line parallel to a lot line delineating the minimum required yard area.
SHOPPING CENTER - An integrated development of such uses as retail stores and shops, personal service establishments, professional and business offices, banks, post offices, restaurants and auditoriums, housed in an enclosed building or buildings, utilizing such common facilities as customer parking, pedestrian walkways, truck loading and unloading have a minimum gross floor area of sixty thousand (60,000) square feet and associated land area of five (5) acres (Amended 5-22-84 by Ord No 354-2WW-84]
SIGN (A) Any device, structure or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others, but not including any flag, badge or insignia of any public, quasi-public, civic, charitable or religious group, integral decorative or architectural features of buildings, except letters and trademarks, moving parts or moving lights or signs directing and guiding traffic and parking on private property, but bearing no advertising matters: and signs located entirely within an enclosed structure; (B) The outdoor and/or indoor display of any writing, printing, picture, painting, emblem, drawing or similar device intended to invite or draw the attention of the public to any goods, merchandise, property, business, services, entertainment, amusement or industrial activity or establishment.
SIGN, AREA OF - The area bounded by the extreme dimension of the sign, including frame.
**Webmasters Note: The definition for Sign, Political has been deleted as per Ordinance No. 20-06.
SIGN, REAL ESTATE - A sign erected by the owner or his agent on property which is for rent, sale or lease.
SIGN, SIDEWALK OR SANDWICH - A movable sign not secured or attached to the ground.
SIGN, SUBDIVISION - A sign designating a subdivision plat or other division of real property recorded in the county recorder's office.
SIGN, TIME AND TEMPERATURE - A sign which indicates time and/or temperature by intermittent lighting
SIGN TYPES, FUNCTIONAL
(A) DIRECTORY OF OCCUPANTS SIGN - A sign or plat attached to the facade of a building listing the tenants or occupants thereof and their respective professions or business activities;
(B) DIRECTIONAL SIGN - A sign or device intended to direct or point toward a place or which gives verbal directions;
(C) IDENTIFICATION SIGN - Any sign, symbol, trademark, structure or similar device used to identify the occupancy of any structure, the product made or the activity being pursued by any individual business service, commercial or industrial activity;
(D) OFFICIAL SIGN - Any sign, symbol or device erected and maintained by the federal government, the State of New Jersey, the County of Ocean or the Township of Brick for the purpose of informing or guiding the public or for the protection and promotion of health, safety, convenience and general welfare or any sign of a civic, fraternal or religious organization specifically authorized by the Township of Brick of the County of Ocean;
(E) TEMPORARY SIGN - Any sign displayed for a period of time not to exceed ninety (90) days for the purpose of advertising the construction of residential, business or industrial activities; or decorative displays for holidays or public information
The above functional sign types may be erected in the following physical forms of arrangements.
SIGN TYPES, PHYSICAL
(A) GROUND SIGN - A self-supporting sign connected to the ground and independent of any other structure, including pylon, pedestal or individual post-type supports;
(B) PROJECTING SIGN - A sign attached to the building wall which neither extends more than twelve (12) inches from the face of the wall nor projects nearer the curbline than two (2) feet nor projects nearer the sidewalk surface than eight (8) feet nor projects above the roofline or storefront facade line nor extends beyond the ends of the facade or building;
(C) WALL SIGN - A flat or street sign attached to, painted on or erected against a building wall or flat vertical surface or a structure which extends not more than twelve (12) inches from the face of the building and is not extended above the top or beyond the ends of the facade [Amended 3-14-1989 by Ord. No. 666-89]
SIGN, WINDOW - A street sign affixed to a window or readily visible through that window from the exterior.
SITE PLAN - A development plan of one (1) or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, stormwater management, utility services, landscaping, structures and signs, lighting and screening devices; and any other information that may be reasonably required in order to make an informed determination pursuant to this chapter requiring review and approval of site plans by the Planning Board adopted pursuant to Article 6 of Chapter 291 of the Laws of New Jersey 1975.1
SITE PLAN, ABRIDGED - A development plan required for review and approval by the Planning Board pursuant to § 190-240 where an addition or alteration to an improved site, not exceeding one thousand (1,000) square feet of area, or a change of use is proposed. [Added 8-25-1992 by Ord. No. 354-4F-92]
STANDARDS OF PERFORMANCE - Standards adopted by ordinance pursuant to Subsection 52d of Chapter 291 of the Laws of New Jersey 1975,2 regulating noise levels, glare, earthborne or sonic vibrations, beat, electronic or atomic radiation, noxious odors, toxic matters, explosive and flammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the municipality or those required by applicable federal or state laws or municipal ordinances
STATIONERY, TOBACCO, NEWSPAPER AND BOOK STORE - A commercial establishment providing for the retail sale, primarily, of either stationery, tobacco, newspapers or books, or any combination thereof. [Added 11-5-1984 by Ord. No. 354-2AAA-84]
STORY - That part of a building between the surface of any floor and the next floor above it or, in its absence, the finished ceiling or roof above it. A split-level story shall be considered a second story if its floor level is four (4) feet or more above the level of the line of the finished floor next below it, except a cellar.
STORY, HALF - That portion of a building, hip or gambrel roof, the wall plates of which, on at least two (2) opposite exterior walls, are no more than two (2) feet above the floor surface of such story and seven (7) feet high.
STREET - Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway; which is shown upon a plat heretofore approved pursuant to law; which is approved by official action as provided by this chapter; or which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines The right-of-way width and design standards shall be as per state, county or local requirements, depending upon street jurisdiction in accordance with the Brick Township Master Plan and subject to the following classifications principal arterial, minor arterial, major collector, minor collector, local, marginal access and alley;
(A) MARGINAL ACCESS STREETS - Streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic;
(B) ALLEYS - Minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
STREET, PRIVATE - A street not dedicated or deeded to the public for public use
STREET RIGHT-OF-WAY - The line determining the limit between the access rights of the public and adjoining private property-
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 - (A) 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 definition if no new streets are created:
(1) Divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five (5) acres or larger in size;
(2) Divisions of property by testamentary or intestate provisions;
(3) Divisions of property upon court order;
(4) Conveyances so as to combine existing lots by deed or other instrument;
(B) The term subdivision shall also include the term resubdivision' as defined in this section.
SUBDIVISION COMMITTEE - A Committee of at least three (3) Planning Board members appointed by the Chairman of the Board for the purpose of classifying subdivisions in accordance with the provisions of Chapter 291 of the Laws of New Jersey 1975,10 and such other duties relating to land subdivision which may be conferred on this Committee by the Board.
SUNROOM - An enclosure not intended to be used for year round habitable space with a minimum of fifty (50%) percent of the exterior wall surface area to be glass or screening.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 354-2F-03.
SURVIVAL WIND SPEEDS [Added 11-10-81 by Ord. No. 354-2BB-81] - When used in connection with any WECS; (A) "Static survival wind speed" shall be that wind speed where, in a locked position, any element of the WECS may fail; (B) "Dynamic survival wind speed" shall be that wind speed where, in an operating condition, any element of the WECS may fail
TRAILER OR SEMI-TRAILER - A vehicle, with or without motive power, designed primarily for the transportation and/ or storage of goods, equipment and/or materials other than boats or watercraft, and not designed primarily for use or occupancy in connection with recreational activities, and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. [Added 6-10-80 by Ord. No. 354-2J-80, amended 6-24-80 by Ord. No. 354-2L-80]
TRUCK TRACTOR - Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn [Added 6-24-80 by Ord. No. 354-2L-80]
USE - The purpose or activity for which land or buildings are designated, arranged or intended or for which land or buildings are occupied or maintained.
**Webmasters Note: The previous definition has been added as per Ordinance No. 354-D-02.
VARIANCE - Permission to depart from the literal requirements of the requirements of Part 2, Zoning.
WALKWAY OR SIDEWALK - A way for carrying pedestrian traffic, which may be located within the street right-of-way provided for a street or may be located adjacent to a lot line, between lots, and laid out so that it may provide pedestrian traffic along a street or road.
WIND DEVICE - Any streamer, propeller, pennant or similar device that is activated by the wind.
WIND ENERGY CONVERSION SYSTEMS (WECS) [Added 11-10-81 by Ord. No. 354-2BB-81] - A combination of the following:
(A) A surface area for capturing the wind;
(B) An assembly for converting the rotational power of the attached surface area into an electrically or mechanically utilizable form;
(C) A generator or alternator to convert the rotational energy into electrical energy (for systems designed for producing electrical power);
(D) A tower or other structure upon which the latter three (3) elements are mounted;
(E) A foundation, guying or other supporting structure
YARD, FRONT - An open, unoccupied space extending the full width of the lot and situated between the setback line and the street right-of-way line of that lot The term "front setback line" shall be synonymous with the rearmost limit of the required front yard area
YARD, REAR - The area created by the rear yard setback.
YARD, SIDE - The area created by the side yard setback
ZONING PERMIT - A document signed by the administrative officer which is required, by ordinance, as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of Part 2, Zoning, or variance therefrom duly authorized by a municipal agency, pursuant to the Municipal Land Use Law.
AFFORDABLE HOUSING ADMINISTRATOR (AH ADMINISTRATOR) - Any designee appointed by the Township Council of the Township of Brick or any individual or entity contracted with by the Township Council of the Township of Brick to administer the compliance and/or implementation of the township's Housing Element and Fair Share Plan
AFFORDABLE HOUSING TRUST FUND - The Affordable Housing Trust Fund shall be a fund to receive moneys paid pursuant to the repayment option or pursuant to any other provision of this Article and to be used strictly for affordable housing purposes
COUNCIL ON AFFORDABLE HOUSING COAH The state agency created pursuant to the Fair Housing Act, N.J.S.A. 52.27D-301 et seq., and charged with the primary jurisdiction over affordable housing matters in the state
DEVELOPERS AFFORDABLE HOUSING PLAN - A plan submitted by the developer and approved by the Affordable Housing Administrator which shall identify the manner in which the developer plans to develop, price, market and restrict the low- and moderate-income dwelling units in accordance with this Article.
EXEMPT SALES - Includes the transfer of ownership between husband and wife and transfers of ownership between former spouses as a result of a judicial decree of divorce or a judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a Class A beneficiary and a transfer of ownership by court order.
FAIR MARKET VALUE - The unrestricted price of a low- or moderate-income housing unit if sold at a current real estate market rate.
INCLUSIONARY DEVELOPMENT - A residential housing development in which a percentage of the housing units are reserved for low- and moderate-income households.
LOW-INCOME HOUSING - Housing affordable according to Council on Affordable Housing (COAH) standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to fifty percent (50%) or less of the median gross household income for households of the same size within the housing region in which the house is located and subject to affordability controls
MODERATE-INCOME HOUSING -Housing affordable according to Council on Affordable Housing (COAH) standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income of more than fifty percent (50%) but less than eighty percent (80%) of the median gross household income for households of the same size within the housing region in which the house is located and subject to affordability control
PRICE DIFFERENTIAL -The difference between the controlled unit sale price and the fair market value as determined at the date of the proposed contract of sale after reasonable real estate broker fees have been paid
REPAYMENT CLAUSE -Obligation of a seller exercising the repayment option to pay ninety-five percent (95%) of the price differential to Brick Township at closing for use within the municipal housing plan
REPAYMENT OPTION -The option of a seller of a low- or moderate-income unit to sell a unit pursuant to N J A C 5 92-12 7 at a fair market value subject to compliance with the terms of the repayment clause
SET-ASIDE -The percentage of housing units devoted to low- and moderate-income households within an inclusionary department
UNIT COMPLETION -The receipt of any temporary or final certificate of occupancy
AFFORDABLE - A sales price or rent within the means of a low- or moderate-income household, as defined in N.J.A.C. 5.92-12.
COAH - The New Jersey Council on Affordable Housing established under the Fair Housing Act" and which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning considerations in the state.
EQUALIZED ASSESSED VALUATION - The value of property determined by the Municipal Tax Assessor through a process designed to ensure that all property in the municipality is assessed at the same assessment ratio or ratios as required by law Estimates at the time of issuance of building permits may be obtained by the Tax Assessor utilizing estimates for construction costs. Actual equalized assessed value will be determined at project completion by the Municipal Tax Assessor.
INCLUSIONARY DEVELOPMENT - A residential development in which a substantial percentage of the housing units is provided for a reasonable range of low and moderate-income households.
JUDGMENT OF REPOSE - A judgment issued by the Superior Court approving a municipality's plan to satisfy its fair share obligation.
MANDATORY DEVELOPMENT FEE - A fee paid pursuant to a mandatory fee ordinance.
MANDATORY FEE ORDINANCE - An ordinance which prohibits development pursuant to an existing permitted use in the zoning ordinance without compelling the affected developer to contribute moneys to the municipality's affordable housing trust fund
DEVELOPABLE AREA - Land areas excluding existing streams, bodies of water, wetlands, one-hundred-year floodplains and natural slopes of fifteen percent (15%) or greater.
GROSS DENSITY - The total number of dwelling units, divided by the total number of acres within the gross tract area within Brick Township
NATURAL SLOPE - A slope which is not the result of excavation, grading or other alteration done pursuant to development under this Article. For purposes of this section, a slope created by mining shall not be considered the "natural slope "
SLOPE - The finished grade of a slope, unless otherwise indicated.
BERM - A linear mound of soil on a site used as a visual impediment, either natural or man-made.
BUFFER - An area within a property or site generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences and/or berms, designed to continuously limit the view of the site from adjacent site or properties.
BUFFER/SCREEN - A structure or planting providing a continuous view obstruction within the site or property, consisting of fencing, berms and/or evergreen trees or shrubs.
CALIPER - The diameter of a tree trunk measured in inches six (6) inches above the ground level for trees up to four (4) inches in diameter and measured twelve (12) inches above ground level for trees over four (4) inches in diameter.
CHEMICAL PREEMERGENCE NONSELECTIVE HERBICIDE - A chemical compound, dry or liquid, which kills or permanently inhibits the germination of plant seeds but has no effect on existing plant material or plants installed after application of such compound when used according to its directions..
CONIFEROUS TREES - Evergreens; any plants of the coniferales order with true cones.
DECIDUOUS TREES - Plants that drop their leaves before becoming dormant in winter; not evergreens.
GROUND COVER - Low-growing plants; vine, shrubs or sod that in time form a dense mat covering the area in which they are planted preventing the growth of unwanted plants while holding the soil in place. Examples are rose species, cotoneaster species, euonymus species, ivy species, juniper species, honeysuckle species, pachysandra species, vine species and sod.
LANDSCAPE AREA - The area of a site or property, excluding the area occupied by buildings, other structures, parking, driveways, sidewalks, detention/retention facilities, wetlands, any impervious surface, trash enclosures and drainage outfalls.
MULCH - Any covering placed on soil to conserve moisture, eliminate weed growth and protect plants from extremes of heat and cold. Examples shredded hardwood, stone or gravel products, and other organic material not readily subject to movement by wind or water. Freshly cut, untreated wood chips are not acceptable, given their nitrogen-consuming qualities.
SHRUBS - Any plant(s), deciduous or evergreen, generally multistemmed, classified and sold by height or spread, measured in inches or feet.
SWIMMING POOL, PRIVATE IN-GROUND - shall mean a swimming pool not extending more than 10 inches above the ground, having a depth greater than 18 inches located on a single family lot, designed and maintained for swimming and bathing purposes by household members and guests with no admission charges and not for the purpose of profit.
SWIMMING POOL PRIVATE, ABOVE-GROUND - shall mean a swimming pool extending more than 10 inches above the ground, having a depth greater than 18 inches located on a single family lot, designed and maintained for swimming and bathing purposes by household members and guests with no admission charges and not for the purpose of profit.
BUILDING FRONTAGE : The building frontage is the measurement, in linear feet, of the building or buildings that front onto a major arterial street, not including driveways and pedestrian courtyards between buildings.
DEVELOPMENT SITE : A parcel or group of contiguous parcels that are proposed for development as one project.
GROUND FLOOR : Ground floor is the lowest level within a building that is accessible from and within three feet above or two feet below the grade of the street.
MIXED-USE PROJECTS : Mixed-use projects combine residential uses with one or more of the following uses: office, retail, recreation, service, entertainment, restaurant, or community facilities. Mixed-use projects may be arranged vertically (ground-level retail, office, restaurant, entertainment, or community facility with residential uses above) or horizontally (commercial uses on a portion of the property linked by pedestrian connections to residential uses as part of a unified development project).
PEDESTRIAN REALM : The Pedestrian realm is a 12-foot wide area located between the face of the curb of a designated street and the face of the building. The pedestrian realm includes the sidewalk, and landscaped areas. The pedestrian realm may include both public and private property where the public right-of-way is not 12 feet wide. Pedestrian amenities, street trees, street furniture, bus stop facilities, and other landscaping, as specified in this ordinance, shall be included in the public realm.
BUILDABLE AREA/LAND : Includes all land which can be built upon under current federal, state, county and local laws/regulations. Buildable land/area does not include any fresh or salt water wetlands or wetland buffer areas established by any governmental agency.
PEDESTRIAN REALM : The Pedestrian realm is a 12-foot wide area located between the tace of the curb of a designated street and the face of the building. The pedestrian realm includes the sidewalk, and landscaped areas. The pedestrian realm may include both public and private property where the public right-of-way is not 12 feet wide. Pedestrian amenities, street trees, street furniture, bus stop facilities, and other landscaping, as specified in this ordinance, shall be included in the public realm.
ACTIVITY shall mean any land disturbance, including any development for which an application for development is necessary
DEVELOPMENT shall mean any existing or proposed activity which includes ground and or vegetative clearing, pavements, buildings or any other improvements which exists or are proposed to disturb the riparian buffer area.
ENCROACHMENT shall mean any area in which development exists or is proposed to extend into the 300 foot riparian buffer area.
IMPERVIOUS SURFACE shall mean any paved, hardened or structural surface which does not allow for complete on site infiltration of precipitation. Such surfaces include but are not limited to building, driveways, streets, parking lots, swimming pools, dams, tennis courts, concrete pavers, brick pavers and any other structures that meet the above definitions.
LAND DISTURBING ACTIVITY shall mean-any grading, scraping, excavatingar-filling of land clearing of vegetation, and any construction or additions to the footprint of a structure
ONE HUNDRED YEAR FLOOD LINE shall mean the line formed by following the outside boundaries of the area inundated by a 100 year flood. A 100 year flood is estimated to have one percent chance or one chance in 100 of being equaled-orcxcceded in any one year. The 100 year flood line shall be determined by reference to the most recent flood insurance rate maps promulgated by the Federal Emergency Agency or such other documentation that may be determined valid by the township engineer.
RIPARIAN CORRIDOR shall mean and refer to the land area that acts as a transition between the aquatic and upland ecosystems
RIPARIAN BUFFER shall mean and shall refer to the area of land within a minimum width. of 300 feet located adjacent on either side to permanent or intermittent riparian buffers, lakes, and ponds, measured as a line extending perpendicularly from the 100-year floodplain delineation. If there is no 100 year flood line delineated, the distance shall be measured outward from the top of the bank of the stream channel. If slopes greater than ten percent abut the outer houndary of the stream corridor, the area of such slopes shall also be included as in the stream corridor.
SURFACE WATERBODY shall mean (a) any perennial stream or river (or portion thereof) that is portrayed as a solid line on a United States Department of Agriculture Soil Survey Map of the most recent edition; and (b) any intermittent stream or river (or portion thereof) that is portrayed as a dashed line on a United States Department of Agriculture Soil Survey Map of the most recent edition; and (c) any lake or impoundment that does not lie entirely within a single parcel of land. For the purpose of this ordinance, this buffer does not apply to man-made stormwater management facilities, farm ponds, fountains and/or ornamental ponds.
INTERMITTENT STREAMS shall mean surface water drainage channels with definite bed and banks in which there is not a permanent flow of water.
PERENNIAL STREAMS shall mean streams that flow continuously throughout the year and shall be portrayed by a solid blue line on the USDA Soil Survey Map.
LAKE, POND OR RESERVOIR shall mean any impoundment, whether naturally occurring or created in whole or in part by the building of structures for the retention of surface water, excluding sedimentation control and stormwater retention/detention basins and ponds designed for treatment of wastewater.
TOP OF BANK shall mean the upper ridge line of the confining channel as defined by the Rosgen stream classification method.
ALTERNATIVE TOWER STRUCTURE means 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 means 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.
COVERAGE AREA means the area depicted on a map of the Township of Brick in which cellular phone users can receive service while located outdoors holding their cellular phone a minimum of 5 feet from the ground.
FAA means the Federal Aviation Administration.
FCC means the Federal Communications Commission.
HEIGHT means, when referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
PREEXISTING TOWERS AND PREEXISTING ANTENNAS means any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this ordinance, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
TOWER means 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.
CO-LOCATING OR MULTI-PLEXING means allowing other cellular service providers to locate on existing poles owned by other providers or entities and allow multiple users to utilize one cellular antenna array through the use of a duplexer or multi-plexer technologies, provided that technology is available.
PLANNED MULTI-FAMILY RESIDENTIAL RETIREMENT COMMUNITY - A group of structures each containing separate units for three (3) or more families, but which may have joint services or facilities or both. Ownership of each dwelling unit in the community shall be restricted to at least one person of the age of fifty-five (55) years or older by deed, covenants, restrictions of records and bylaws and rules and regulations, and the area comprising the remainder to the community may be fee-simple with common land or open spaces to be maintains through assessments against property owners within the confines of the community in accordance with the provisions of N.J.A.C. 46:8B-1 et seq.
All development shall be built in accordance with a site development plan and/or subdivision approved by the Planning Board. Specifically, such a planned residential retirement community shall include multi-family dwellings. Said development may include the following:
(a) Recreational and cultural facilities for the sole use of residents of the community and their guests, including but not limited to, the following:
[1] A clubhouse, which shall include a room which shall be used solely as a short-term first aid room and which shall contain a complete first aid kit as well as a bed or cot, which room shall remain open during all hours of operation of the clubhouse. There shall be no requirement that said room be staffed by any personnel.
[2] Self-service laundry facilities, in the event that each of the residential units is not provided with a clothes washer and clothes dryer.
[3] A variety of recreational facilities including, but not limited to, swimming pool, picnic grounds and necessary accessory buildings for maintenance and administration.
(2) Provisions should be made for on-street and off-street parking. These provisions shall be in accordance with the following table, as defined in the Residential Site Improvement Standards (RSIS) Table 4.4. The applicant may propose additional facilities; however, such facilities shall be subject to the residential characteristics of the area.
(3) The community may include an office on homeowners'-association-owned property to be occupied by an independent real estate broker or agent for the exclusive resale of houses within the development. Provision should be made for on-street and off-street parking in connection with said office which shall otherwise conform to appropriate ordinances and regulations of the Township of Brick.